Browsing Researchers in Law by Issue Date
Now showing items 1-20 of 48
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The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems
(Juta, 2000)This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition ... -
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
(Juta, 2001)This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ... -
The fiduciary office of trustee and the protection of contingent trust beneficiaries
(Juta Law, 2007)This contribution focuses on two matters pertinent to the office of trustee. First, the fiduciary nature of the office of trustee is investigated, with particular reference to the essence of a trustee’s fiduciary duty. ... -
From archaic to modern law: Uganda's Refugees Act 2006 and her international obligations
(The Human Rights and Peace Center (HURIPEC), 2008)Uganda enacted its first law to deal with refugees in 1955, which was repealed in 1960 by the Control of Alien Refugees Act. While the 1960 law was still in force, Uganda ratified international and regional human ... -
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)When the death penalty was declared unconstitutional in South Africa, the government enacted the Criminal Law Amendment Act in 1997 which, amongst other things, stipulated that a person convicted of some of the scheduled ... -
Why the Supreme Court of Uganda should reject the Constitutional Court's understanding of imprisonment for life
(Pretoria University Law Press (PULP), 2008)The issue of life imprisonment is always a contentious one. Some people argue that life imprisonment should mean what it means, namely 'wholelife'. In Uganda, life imprisonment continues to mean imprisonment of 20 years. ... -
The constitutional family in the Law of Succession
(Juta Law, 2009)This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ... -
The African Commission on Human and Peoples' Rights and the promotion and protection of refugees' rights
(Pretoria University Law Press (PULP), 2009)African countries have been host to and have produced refugees for decades. These refugees have fled their countries for various reasons, including political and religious reasons. Many African countries are party to the ... -
International human rights law and foreign case law in interpreting constitutional rights: The Supreme Court of Uganda and the death penalty question.
(Pretoria University Law Press (PULP), 2009)On 21 January 2009, the Supreme Court of Uganda handed down a judgment in which it held that the death penalty was constitutional, that a mandatory death sentence was unconstitutional, that hanging as a mode of execution ... -
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ... -
How should the most evil of law breakers be punished: The death penalty vs life imprisonment in Uganda, 1993 – 2009
(The Human Rights and Peace Center (HURIPEC), 2011)Article 22(1) of 1995 Constitution of Uganda protects the right to life and provides that it can only be taken away in the ‘execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect ... -
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
(Pretoria University Law Press (PULP), 2011)In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ... -
Sentencing primary caregivers of young children
(Juta Law, 2011)Traditionally a judicial officer was not required to consider the effects of the imposed sentence on the children of the offender, even if the offender was a primary caregiver of young children. The Court in S v M (Centre ... -
Punishment in the eyes of the Constitutional Court of South Africa: the relationship between punishment and the rights of an offender in the sentencing of primary caregivers of children
(Juta Law, 2011)Punishment has mostly focused on achieving its objectives without considering the impact a sentence will have on the rights of the offender and those under the offender's care. Drawing on the jurisprudence of the Constitutional ... -
Cave pecuniam: Lawyers as launderers
(North-West University, 2012)In South Africa there is something almost sacrosanct about an attorney's trust account. It is the prescribed destination of all funds paid in trust by a client to an attorney. Clients tend to have complete confidence in ... -
The Ugandan Transfer of Convicted Offenders Act, 2012: A commentary
(Pretoria University Law Press (PULP), 2012)Like many countries, Uganda is home to foreign nationals. The presence of foreign nationals in the prison of a country raises questions regarding their treatment. Countries are increasingly enacting legislation, ratifying ... -
The rule of law: Approaches of the African Commission on Human and Peoples' Rights and selected African states
(Pretoria University Law Press (PULP), 2012)The African Commission on Human and Peoples' Rights is empowered to promote and protect human rights in Africa. Although the African Charter on Human and Peoples' Rights does not expressly use the phrase 'rule of law', the ... -
Erfregtelike onwaardigheid: Enige lesse te leer vir die Suid-Afrikaanse reg uit die Nederlandse reg?
(Juta, 2012)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 ... -
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, ... -
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 ...