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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, ...
Ten years of the South African prevention of organised crime act (1999–2009)
(Open Society Foundation for South Africa, 2010)
Organised crime2 is one of the main challenges that governments and intergovernmental
organisations3 are grappling with. Its history, consequences and different forms in South
Africa are well documented4 and fall outside ...
Freedom of religion and minority rights in South Africa
(MPDI, 2021)
The South African Constitution contains an extensive list of rights, several of which are
relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious
minority group in South Africa. ...
Driven Out of Paradise: Illicit Financial Flows and Offshore Leaks
(University of the Western Cape, 2018)
Illicit financial flows and recent offshore leaks constitute the topic of this article. As
regards illicit financial flows, the focus is on two countries: Switzerland as an
example of a country from the North, and South ...
Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?
(University of the Western Cape, 2018)
The Protected Disclosures Act 26 of 2000 provides protection for individuals who
blow the whistle on corrupt activities in South Africa. The Protected Disclosures
Amendment Act 5 of 2017 widens the scope of the original ...
Fundamentals of anti-bribery and anti-corruption compliance in South Africa
(University of Western Cape, 2019)
Corruption is endemic in jurisdictions throughout the world. The financial and
reputational risks that follow incidents of corrupt activity within an organisation are
considerable. Often they can be quite severe. The ...
Introduction: COVID-19 and the Law in Africa
(Cambridge University Press, 2021)
Following its arrival in African countries in February 2020, COVID-19 has
severely tested fragile health systems and economies. Since then, it has
taken a heavy toll on individual lives and collective wellbeing. In ...
A discourse on the plight of South African women in the face of abuse and neglect
(University of the Western Cape, 2021)
An upsurge in the rate of violence against women has an adverse effect on women in South Africa. Sadly, many South African women who are the victims of violent sexual conduct, such as, rape and other forms of violent sexual ...
The South African redistribution imperative: Incongruities in theory and practice
(Cambridge University Press, 2021)
It has partly been assumed that the constitutional obligation to pay compensation
for expropriations is to blame for the slow pace at which land has been redistributed
in South Africa. However, this assumption requires ...
An analysis of the duty to reasonably accommodate disabled employees: a comment on Jansen v Legal Aid South Africa
(University of the Western Cape, 2020)
Persons with disabilities are a historically marginalised minority, who have the capacity to make a valuable contribution in the workplace. Recent case law suggests that the duty to reasonably accommodate disabled employees ...