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Now showing items 31-40 of 65
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of Western Cape, 2021)
Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ...
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (Adhan or Azan) in South Africa
(MPDI, 2021)
This article approaches the position of the call to prayer (adhan or azan) in South Africa
from the perspective of both legislation and case law. Although only an unamplified adhan has
religious status in Islam, Muslim ...
Interpretation of wills – Does the Endumeni case apply?
(Academy of Science of South Africa, 2021)
This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ...
Warrantless search and seizures by the South African police service: Weighing up the right to privacy versus the prevention of crime
(Academy of Science of South Africa, 2021)
The constitutional right to privacy is enshrined in section 14 of
the Constitution of the Republic of South Africa, 1996. It is
premised on the notion that all persons should be protected from
intrusions on their privacy ...
When is a donor a daddy? Informal agreements with known sperm donors: Lessons from abroad
(Nelson Mandela University, 2021)
Individuals are increasingly entering into informal agreements with known sperm donors in order to either circumvent the costs involved in using fertility centres or owing to personal beliefs and preferences. When they do ...
A plea of double jeopardy by accused employers: are there limits?
(Nelson Mandela University, 2021)
The rule against double jeopardyentails that, generally, apersoncannot be charged more than oncefor the same, or substantially the same, offenceor misconduct in respect of whichhe or she has been convicted or ...
The admissibility of criminal findings in civil matters: Re-evaluating the Hollington judgment
(Pretoria University Law Press, 2021)
In Hollington v Hewthorn & Co Ltd 2 1943 All ER 35 it was held that a finding of a criminal court did not have any probative value in a subsequent civil action and was inadmissible as evidence. Despite the case being one ...
External economic arrangements and South African cities as agents of local development: Illustrations from the City of Cape Town
(GBATA, 2021)
The paper examines the role of South African metropolitan cities (metros) in advancing local economic development (LED) through engagements with external actors. Globalization is increasingly changing the roles and players ...
‘Citizenship by naturalisation: Are Regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1985 invalid?’
(Juta, 2021)
This article argues that regulation 3(2)(b), read with regulation 3(2)(c), issued pursuant to section 23(f) of the South African Citizenship Act 88 of 1995 (“1995 Act”), is invalid and ought to be set aside on judicial ...
Section 45 of the Tax Administration Act: An unconstitutional limitation on taxpayer privacy?
(Juta, 2021)
The Tax Administration Act 28 of 2011 is a law of general application. Section 45 of the Act empowers a SARS official to enter, without a warrant, premises where a trade or enterprise is reasonably believed to be carried ...