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Browsing Journal Articles by Faculty "Faculty of Law"

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A century worth celebrating

Author: Corder, Hugh Date: 2010 It is understandable that no great fuss has been made of the hundredth anniversary of the establishment of South Africa as a nation state within its current borders (through the South Africa Act 9 Edw VII, ch 9). The Act of Union, after all, ... Read more
A critique of the insider trading provisions of the 2004 Securities Services Act

Author: Jooste, Richard Date: 2006 Various attempts have been made over the years by the legislature to combat insider trading and related activities. The Securities Services Act of 2004, which repeals the Insider Trading Act of 1998 and now regulates insider trading, has made ... Read more
A different way of saying: On stories, text, a critical legal argument for contractual justice and the ethical element of contract in South Africa

Author: Barnard, A J Date: 2005 This article takes a critical approach to South African contract law. Employing the post-modern concept of narrative truth it is argued that one can extract from the South African Law Commission's texts on Unreasonable Stipulations in Contracts ... Read more
A warning to everyone who deals with a trust

Author: Jooste, Richard Date: 2005 The recent case of Nieuwoudt & another NNO v Vrystaat Mielies (Edms) Bpk 2004 (3) SA 486 (SCA) has raised questions regarding the applicabilityof the doctrine of constructive notice and the so-called Turquand rule to trusts. The doctrine of ... Read more
Aboriginal title, indigenous rights and the right to culture

Author: Lehmann, Karin Date: 2004 The doctrine of aboriginal title has been the subject of considerable academic commentary in South Africa in the past few years. The generaltenor of this commentary has been approving of the doctrine. Proponents of the doctrine are of the ... Read more
Administrative Law in Public-Sector Employment Relationships

Author: Stacey, Richard Date: 2008 A number of contrasting and conflicting approaches have emerged in the high courts, the Supreme Court of Appeal and the Constitutional Court in regard to the question whether the actions of the state as an employer are subject to the controls ... Read more
The African warlord revisited

Author: Freeman, Laura Date: 08 Nov 2015 To date, warlordism in Africa has been viewed solely negatively. This has come about, in part, because of the analytical lenses that have been used. Typically, warlordism has been examined at the state level; and behavioural traits, rather ... Read more c b
AfrOBIS: a marine biogeographic information system for sub-Saharan Africa

Author: Grundlingh, M L ; von St Ange, U B ; Bolton, J J ; Bursey, M ; Compagno, L ; Cooper, R ; Drapeau, L ; Griffiths, C L ; bel Hassen, M ; Herbert, D G ; Kirkman, S ; Ohland, D ; Robertson, H G ; Trinder-Smith, T ; van der Westhuysene, J ; Verheye, H M ; Coetzer, W ; Wilke, C Date: 2007 AfrOBIS is one of 11 global nodes of the Ocean Biogeographic Information System (OBIS), a freely accessible network of databases collating marine data in support of the Census of Marine Life. Versatile graphic products, provided by OBIS, can ... Read more c b
After Glenister: The case for a new dedicated agency

Author: Reeves, Christopher Date: 2012 Last year, the Constitutional Court held that the state has an obligation to establish and maintain an independent anti-corruption entity and that the Directorate of Priority Crime Investigation (DPCI), which is located within the South African ... Read more c b
Agreements to agree: can there ever be an enforceable duty to negotiate in good faith?

Author: Hutchison, Andrew Date: 01 Jun 2011 Parties to an agreement may include open terms which leave certain particulars open to future negotiation. The aim of this type of provision is usually to allow for changing circumstances over time or the threshing out of more detailed terms. ... Read more
An elaboration of the themes and contentions in Mmatshilo Motsei's book The Kanga and the Kangaroo Court, reflections on the rape trial of Jacob Zuma

Author: Greenbaum, Bryant Date: 2008 It is important to highlight discourses from black gender activists and researchers when dissecting the issue of sexual violence in South Africa, as most victims of sexual crimes are black women and children who also struggle with subtle race, ... Read more
Ascertainment of customary law: case note on MM v MN - case note

Author: Osman, Fatima Date: 2016 Froneman J states in MM v MN: ‘The process of determining the content of a particular customary norm can present some challenges.’ This case gives rise to a number of issues which have been discussed in some part elsewhere,2 however this ... Read more
Aspects of South African law as it applies to corruption in the workplace

Author: Le Roux, Rochelle Date: 2004 The modern workplace is often the closest interface that individuals have with one of modern society's greatest malaise: corruption. Job insecurity and the right to privacy, more particularly cyber privacy, are often perceived as forces ... Read more
AUTOBIOGRAPHIES OF A SPECIAL KIND: Recent writings by and on the police in South Africa

Author: Van der Spuy, Elrena Date: 2014 he occupational culture of police organisations has long fascinated policing scholars. In the Anglo- American world ethnographic enquiries have contributed much to our understanding of police perceptions, beliefs and actions. This article ... Read more c b
Back to basics: Reliance damages for breach of contract revisited

Author: Hutchison, Dale Date: 2004 Many years ago Professor D J Joubert suggested that there was no real distinction in principle between positive and negative interesse and that the terms should be avoided because they were likely to cause confusion ('Negatiewe interesse en ... Read more
Backwards to the cautionary rule: S v Van der Ross 2002 (2) SACR 362 (C)

Author: Schwikkard, Pamela Jane Date: 2003 Read more
Barriers to justice: Violations of the rights of deaf and hard-of-hearing people in the South African justice system

Author: Degut, Helen ; Morgan, Ruth Date: 2003 This article discusses the violation of rights of disabled persons in the South African justice system. Its particular focus is the infringement of rights of deaf and hard-of- hearing people as a result of communication barriers in police ... Read more
Bekker v Naude: The Supreme Court of Appeal settles the meaning of 'Drafted' in Section 2(3) of the Wills Act, but creates a potential constitutional problem

Author: Paleker, Mohamed Date: 2004 In Bekker v Naude en andere 2003 (5) SA 173 (SCA) the Supreme Court of Appeal ended the long-raging debate in our courts regarding the meaning of the word 'drafted' in s 2(3) of the Wills Act 7 of 1953. In this note I shall trace the events ... Read more
Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution

Author: Weeks, Sindiso Mnisi Date: 2011 This article discusses flaws in the Traditional Courts Bill in light of research that shows customary courts to operate in accordance with a model that is very different from that adopted by the Bill. Customary courts are not professional ... Read more c b
Blind faith: a response to Professors Neethling and Potgieter

Author: Fagan, Anton Date: 2007 In a recent note, ‘Wrongfulness and negligence in the law of delict: A Babylonian confusion?’ (2007) 70 THRHR 120, Professors J Neethling and J M Potgieter raise several objections to the analysis of wrongfulness and negligence that Brand JA ... Read more

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