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Now showing items 121-130 of 157
Yet another missed opportunity to develop the Common Law of Contract? An analysis of Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd [2011]ZACC 30
(Nelson R Mandela School of Law, 2013)
Courts are under a general obligation to develop common law by applying constitutional values as mandated by sections 8(3), 39(2) and 173 of the Constitution. There have been attempts by part of the judiciary and calls ...
Regional frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014)
This article discusses the safeguarding movement in the context of child
protection. After providing it’s key principles and precepts, the relevant provisions of the
African Charter on the Rights and Welfare of the Child ...
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc - A case of cyber laundering through an attorney's trust account
(University of the Western Cape, Faculty of Law, 2013)
Money launderers are always exploring new channels to clean their ill-gotten gains. The attorney’s trust account is especially attractive to persons, or organisations, that seek to launder money. As a result, the Financial ...
The four-year undergraduate LLB: where to from here?
(Nelson Mandela Metropolitan University, 2013)
Fifteen years have passed since the four-year undergraduate Baccalaureus
Legum (“LLB”) degree was first introduced in 1998. This degree was
introduced by the Qualification of Legal Practitioners Amendment Act 78 of
1997 ...
Institutional subsidiarity in the South African constitution
(Juta Law, 2010)
This article attempted to clarify the role played by section 156(4) of the Constitution by tracing some of the origins and manifestations of the principle of subsidiarity, on which this provision is modelled. It was argued ...
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 ...
‘Transferring sentenced persons (offenders) to the United Kingdom: highlighting some of the human rights issues courts have had to deal with'
(Centre for International and Public Law, Brunel University London, 2014)
As at 30 September 2013 13 per cent of the prison population in England and Wales
were foreign national offenders. Convicted UK nationals are also serving prison sentences in foreign jurisdictions. The UK government has ...
Local government in Ethiopia: still an apparatus of control?
(University of the Western Cape, 2011)
Historically, local authorities in Ethiopia enjoyed wide political, administrative, judicial, and financial autonomy. However, from the 1850s a process of territorial expansion and centralisation was initiated in the ...
Substantive equality and maternal mortality in Nigeria
(Routledge and the Commission on Legal Pluralism, 2012)
Introduction: It is a tragedy that in the 21st century, when man has explored the moon and other planets and made significant advancement in science and technology, women should continue to die during pregnancy and childbirth. ...
So sweet, so sour: a commentary on the Nigerian High Court's decision in Georgina Ahamefule v Imperial Hospital and Another relating to the rights of persons living with HIV
(Pretoria University Law Press (PULP), 2013)
The purpose of this article is to assess the decision of the Nigerian High
Court in the Ahamefule case. While the case would seem to be a victory
for people living with HIV in the country, it left some important ...