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Co-trusteeship and the joint- action rule in South African trust law
(Elsevier, 2013)
This article examines the fundamental rule of South African trust law that co-trustees must always act jointly in regard to trust administration. It highlights the rule's foundation, but also contextualizes some of the ...
Trust deeds as ‘constitutive charters’ and the variation of trust provisions: a South African perspective
(Oxford University Press, 2013)
In this article, I assess the constitutive status accorded to trust deeds in Potgieter v Potgieter and Pascoal v Wurdeman, two recent South African judgments on trust variation. In particular, I analyse judicial condemnation ...
Constitutionalism, public policy and discriminatory testamentary bequests - a good fit between common law and civil law in South Africa's mixed jurisdiction
(Tulane European & Civil Law Forum, 2012)
This article investigates South African courts' treatment of discriminatory testamentary bequests in the pre- and post-constitutional eras. It shows a change in judicial attitude towards such bequests from an accommodating, ...
Extending the frontiers of employment regulation: the case of domestic employment in South Africa
(Faculty of Law, University of the Western Cape, 2010)
Domestic workers form one of the most vulnerable and exploited sectors of the workforce in the world economy. In 2002 South Africa became one of relatively few countries to promulgate special legislation aimed at extending ...
Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
(Pretoria University Law Press, 2011)
International law approaches the right to education
for children with disabilities in a rather generic way. This means that the
rights of children with intellectual disabilities have to be gleaned from the
general ...
The role of constitution making and institution building in furthering peace, justice and development: South Africa’s democratic transition
(Oxford University Press, 2010)
The international community accepts that peace, justice and development are indivisible properties of human freedom and thus wants a more coordinated approach to post conflict recovery. Today, transitions to democracy are ...
The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?
(Queens University, Belfast School of Law, 2011)
Article 40 of the United Nations Convention on the Rights of the Child1 requires states parties to take
appropriate measures to ensure that children accused of committing offences are treated in a manner that
would ensure ...
Court support workers speak out: Upholding children's rights in the criminal justice system
(Institute for Security Studies (ISS), 2014)
The prevalence of sexual offences against children in South Africa continues to be among the highest in the
world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and
whether ...
The right to health in respect of terminally ill persons in South Africa
(2014)
It is probably true that „death is the great equalizer‟ amongst human beings and that some of its „cousins: illness, dementia, physical debility, and advance age‟2 can ensure a journey marked by severe pain and suffering ...
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)
It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ...