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Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, 2017)
The general rule in South Africa is that, when an offence is committed, the suspect
has to be prosecuted by a public prosecutor. However, there is an exception
whereby a victim of crime is permitted to institute a private ...
When a relationship has reached its expiration date, does the same apply to the embryos under South African Law? - research
(Nelson Mandela Metropolitan University, 2017)
Individuals are more frequently having recourse to assisted reproductive technologies (ART) to realize their desire for offspring. Where they do so, they may choose to fertilize their gametes and implant the resultant ...
What is the future of polygyny (polygamy) in Africa?
(Academy of Science of South Africa, 2017)
The traditional practice of polygyny, whereby only a man is
allowed to marry more than one wife in a customary marriage,
has long been perceived to be an offender of women's rights.
Recent family law reforms on the ...
Overseeing the overseers: assessing compliance with municipal intervention rules in South Africa
(Springer, 2017)
Section 139 of the Constitution of South Africa empowers provinces to intervene into municipalities, an instrument to correct serious failures in local government. This article discusses the policy and legal framework for ...
Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)
Granting parole to offenders serving life sentences has raised questions in public and political
discourse. This contribution evaluates the discretion of the minister to decline parole under Section
78(2) of the Correctional ...
A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)
Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ...
The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government
(University of Toronto Press, 2017)
“The supremacy of the constitution and the rule of law” are two foundational
values of South Africa’s 1996 Constitution (s. 1(c)). An independent
judiciary is thus set to play a major role in interpreting and enforcing ...
Implications of the official designation of Muslim clergy as authorized civil marriage officers for Muslims polygynous interfaith and same sex marriage in South Africa
(University of Western Cape, 2017)
From 2014 to 2017 some 227 South African Muslim clergy, including three females, graduated as civil marriage officers in terms of the Marriage Act 25 of 1961. Although now vested with dual capacity to perform both Muslim ...
Parental care and the best interests of the child in Muslim countries
(T.M.C. Asser Press, 2017)
This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and maintenance ...