Now showing items 1-10 of 148
Palliative care for terminally ill inmates: Does the state have a legal obligation?
(Juta Law, 2012)
‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right ...
Co-trusteeship and the joint- action rule in South African trust law
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 ...
Deconstructing the Leviathan: Derrida’s The Beast and the Sovereign
(Multidisciplinary Digital Publishing Institute (MDPI), 2012)
Derrida’s The Beast & the Sovereign volume I, explores the contradictory appearance of animals in political discourse. Sometimes, as he points out, political man and the sovereign state appear in the form of an animal, and ...
Erfregtelike onwaardigheid: Enige lesse te leer vir die Suid-Afrikaanse reg uit die Nederlandse reg?
The regulation of unworthiness to inherit in Book 4 of the (new) Dutch Civil Code (2003) occasioned numerous interpretation and application challenges to Dutch courts, notaries and inheritance scholars. These challenges ...
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 ...
Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa
(University of the Western Cape, 2012)
This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety.
Going the extra mile: police training on domestic violence
(Institute for Security Studies, 2010)
As anticipated by the drafters of the Domestic Violence Act (DVA), the South African Police Service holds the key to the successful implementation of the Act. Over the past ten years, researchers and independent bodies ...
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, ...
Federalism, territorial autonomy and the management of ethnic diversity in Africa: reading the balance sheet
(Centre International de Formation Européenne, 2012)
The history of federalism in Africa is a history of ambivalence. In the run up to independence, federalism was an idea that galvanized several political movements that, following the retreat of colonial powers, emerged to ...
Mythology and the images of justice
(University of California Press, 2011)
This essay enquires into the depictions of Justice through the ages, as well as the myths surrounding these depictions, more particularly in Egypt, Greece, and Rome, as well as in modern times. The essay departs in significant ...