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An argument for foetal protection within a framework of legal abortion in South Africa
(International Centre of Medicine and Law, 2016)
Termination of pregnancy (abortion) and foetal protection remain a challenging topic in South Africa where abortion is legalised and largely decriminalised. As a general rule, an unborn (nasciturus) does not have legal ...
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 ...
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 ...
Roman-Dutch law in modern South African succession law
(Ars Aequi, 2014)
Modern South African succession law adheres to many of the tenets of Roman-Dutch succession law, and present-day South African courts frequently invoke Roman-Dutch authority to address questions regarding contemporary ...
Criticism of the testamentary undue influence doctrine in the United States: lessons for South Africa?
(Lousiana State University Law Center, 2013)
This article analyzes undue influence in the South African law of wills in light of scholarly criticism of the testamentary undue influence doctrine in the United States. The Article assesses particularly whether the ...
Testamentary rescue: an analysis of the intention requirement in Australia and South Africa
(LexisNexis Australia, 2014)
This article provides a legal-comparative perspective on the rescue of formally irregular wills through the exercise of judicial dispensing powers in Australia and the comparable exercise of a judicial condonation power ...
The language of western homogeneity: A rose by any other name is a potential lawsuit
(Edward Elgar Publishing, 2016)
It has sometimes been stated that international legislation favours the developed nations that create it to the detriment of the developing nations who must abide by it. This paper shall pose this question with regard to ...
Lessons from the past: Remand detention and pre-trial services
(Institute for Security Studies (ISS), 2013)
A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ...
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 ...