Relevant bibliographies by topics / South african civil procedural law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'South african civil procedural law'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

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Journal articles on the topic "South african civil procedural law"

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Nombulelo Queen Mabeka and Rushiella Songca. "An Overview of Statutes Relating to Civil Procedure in South Africa in Light of the Changes in Technology." Obiter 41, no. 4 (2021): 685–703. http://dx.doi.org/10.17159/obiter.v41i4.10476.

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E-technology has fast become an acceptable and convenient method of communication and a prerequisite of business transactions globally. South Africa is no exception to the trend. While technological progress has facilitated rapid change in the way humans communicate and transact, South African law has not kept abreast of the swift transformation and growth in this sector. This lacuna is especially evident in the South African law of civil procedure, which regulates the civil process in South African courts. Although subject to regular amendment, it appears prima facie not to embrace advances i
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Akinloye, Idowu A. "Legal Disputes Involving Clergy Discipline: Perspectives from Nigeria and South Africa." Ecclesiastical Law Journal 22, no. 2 (2020): 194–233. http://dx.doi.org/10.1017/s0956618x20000058.

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To preserve the integrity and purity of the church, the policies of churches commonly provide for the enforcement of discipline whenever a cleric errs. The concern is that despite these provisions in the governing documents of churches, disputes challenging churches’ disciplinary exercise over their clergy are increasingly finding their way into the civil courts for adjudication. These disputes have implications for the reputation, governance and flourishing of a church. Against this backdrop, this article analyses a number of case studies to examine some legal issues arising from the churches
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (2017): 0. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2330.

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The first issue of 2013 contains fifteen contributions dealing with a potpourri of themes. The first contribution is an oratio presented by the retired Dean of the Faculty of Law of the NWU and former editor of PER, Francois Venter, during his exodus in October 2012. He gave his presentation in his mother tongue, Afrikaans, and asks the question if one may assume that being a professor entails belonging to a profession, in other words, an academic profession. The second oratio was a keynote speech delivered by Torsten Stein, the Director of the Institute of European Studies and holder of the c
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Rautenbach, IM. "Regspraak: Die konstitusionele hof verwyder die reg van werknemers om nie onbillik ontslaan te word nie uit die beskermingsveld van die handves van regte – grondwetlike gesigspunte." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 1 (2021): 145–59. http://dx.doi.org/10.47348/tsar/2021/i1a9.

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Section 39(2) of the Constitution of the Republic of South Africa, 1996, recognises the existence of rights not protected in the bill of rights. The South African bill of rights protects human conduct and interests extensively. Before the AMCU judgment was delivered, no clear example of a right not protected by the bill of rights had been identified in case law and legal literature. In the AMCU case the constitutional court deviated from previous judgments by holding that the interests of employees not to be dismissed unfairly is not covered by the right to fair labour practices in section 23(
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Venter, Francois. "Judicial Defence of Constitutionalism in the Assessment of South Africa's International Obligations." Potchefstroom Electronic Law Journal 22 (October 23, 2019): 1–23. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6253.

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The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabine
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Mabeka, Nombulelo Queen. "An Analysis of the Implementation of the CaseLines System in South African Courts in the Light of the Provisions of Section 27 of the Electronic Communications and Transactions Act 25 of 2002: A Beautiful Dream to Come True in Civil Procedure." Potchefstroom Electronic Law Journal 24 (May 24, 2021): 1–31. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8707.

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The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been recognised in civil proceedings, particularly section 27 of the ECT Act. Although some rules attempt to embrace e-technology, such as Rule 4A of the Uniform Rules of Court, this is not sufficiently compliant with e-technology. The CaseLines system implemented by the judiciary seeks to enforce this section to a certain extent but a lacuna has been identified and must be modified
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Vorobel, Uliana. "An institute of «amicus curiae» in the the anglo-saxon legal family." Slovo of the National School of Judges of Ukraine, no. 3(28) (December 19, 2019): 163–78. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-13.

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The article is devoted to the study of the formation and development of the institute of expert in law, as well as the peculiarities of its legislative regulation and functioning in the law of the Anglo-Saxon legal family, in particular in countries such as the United Kingdom, the United States, Canada and the Republic of South Africa. It has been established that the institute of expert’s in law participation in the trial has deep historical roots and is known in Roman law under the name "amicus curiae", which literally means "a friend of the court". Under amicus curiae it could be deemed a p
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Millard, D., and B. Kuschke. "Transparency, trust and security: An evaluation of the insurer's precontractual duties." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (2014): 2412. http://dx.doi.org/10.4314/pelj.v17i6.05.

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Transparency in insurance law attaches to the rights and duties of the parties, the relationships between insurers, insurance intermediaries such as agents and brokers, insurance supervisory law and insurance dispute resolution procedures. Regarding the rights and duties of the insurer and the prospective policyholder, it requires insurers to disclose precontractual information in a timely manner that is clear, understandable, legible and unambiguous. Transparency as a value is incredibly important in insurance contracts. This contribution focuses exclusively on the insurer's duty of disclosur
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Quinot, Geo. "Substantive Legitimate Expectations in South African and European Administrative Law." German Law Journal 5, no. 1 (2004): 65–85. http://dx.doi.org/10.1017/s2071832200012256.

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The doctrine of legitimate expectation was authoritatively accepted as part of South African administrative law in the landmark case of Administrator, Transvaal v Traub in 1989. In that case Chief Justice Corbett extended the scope of application of the rules of natural justice, specifically the audi principle, beyond the traditional “liberty, property and existing rights” formula to cases where something less than an existing right, a legitimate expectation, required a fair procedure to be followed. This acceptance followed the trend in other Commonwealth jurisdictions to extend the applicati
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Du Plessis, Hanri Magdalena. "Legal Pluralism, uBuntu and the Use of Open Norms in the South African Common Law of Contract." Potchefstroom Electronic Law Journal 22 (October 23, 2019): 1–37. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6456.

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In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how the Romans realised that their existing formal and rigid laws could not address the changing legal needs of the community due to the influx of foreigners (especially foreign traders) into Rome. In reaction to the changing commercial environment, they introduced flexible legal procedures and a more normative approach to these legal transactions to achieve fairness and justice be
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Dissertations / Theses on the topic "South african civil procedural law"

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Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system." University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.

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Magister Legum - LLM<br>Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the in
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Lamprecht, Adriaan Matthys. "The use of closed-circuit television in South African criminal courts." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73091.

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In the last decade the use of closed-circuit television or similar electronic devices (CCTV) has started to play a significant role in courtrooms, both as a silent witness and as a device through which to receive testimony. The benefits of optimising the use of CCTV for receiving testimony are numerous. This paper focusses on two, namely easier access to justice through criminal courts, and bridging the gap between the protective measures created by legislation with regard to vulnerable witnesses and the effective implementation of said measures. The requirements for using CCTV to recei
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Machitela, Malesela Abram. "Critical analysis of how the South African criminal law addresses cybercbullying." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73398.

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The work deals with shortcomings in the South African Criminal Law in respect of how to addresses cyberbullying crime. The report focus on how American Legislation deals with cyberbullying as compared to South African Legal framework. The work critically analyses the the South African legislation dealing with cyberbulying as a criminal offence.<br>Dissertation (LLM)--Universtity of Pretoria, 2019.<br>None<br>Procedural Law<br>LLM<br>Unrestricted
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King, Lyn Carol. "Public service commission grievance recommendation process." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/18002.

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The Public Service Commission (PSC) is an independent oversight body established in terms of chapter 10 of the Constitution, 1996. Although, its powers and functions were enacted in the Public Service Commission Act, 1997, this institution has been in existence since the early 1900’s. As an institution which was birthed during an era wrought with injustice, inequality upon a labour law framework which barely existed as the concept is understood today, the PSC played a leading role in the management of the public service. The influence of the Treasury, Governor-General and socio-political force
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Parker, Rukshana. "The efficacy of jury trials in the South African civil justice system." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33931.

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In classical terms, democracy is synonymous with direct participation. However, as states grew and direct public participation became more difficult, a more minimal concept of democracy associated with enfranchisement was adopted. Democracy, however, should not be limited to the enfranchisement of the masses. It ought to include some level of direct public participation in branches of the government such as the judicial system.
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Louw, Jacobus Francois. "The right to adequate housing : making sense of eviction procedures in the context of rental housing after Ndlovu V Ngcobo." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15600.

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Thesis (LLM (Law))--University of Stellenbosch, 2004.<br>139 leaves printed on single pages, preliminary pages i-ix and numbered pages 1-130. Includes bibliography.<br>Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner.<br>ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act (RHA). Th
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Ndzengu, Nkululeko Christopher. "A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.

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In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction base
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Thompson, Simon. "The civil liability of credit rating agencies in South African law: recent developments in comparative perspective." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/9155.

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Includes bibliographical references<br>The losses caused by the on-going financial crisis now exceed $4 trillion. This is in addition to the associated social and economic costs that are more difficult to measure. From a litigator’s perspective it is not surprising that these massive losses have triggered a very large number of civil claims. In the immediate aftermath of the crisis these claims were mostly run-of-the-mill misrepresentation actions by investors against their investment advisors, but there is now a clear, global trend where plaintiffs are casting their nets more widely and going
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Kasika, Richard. "The defence of inherent requirements of the job in unfair discrimination cases." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/450.

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The discrimination jurisprudence in South Africa has developed over the previous decade since the promulgation of the interim and final Constitutions. The Employment Equity Act of 1998 also gave impetus to the development of equality jurisprudence with reference to the workplace. In terms of both the Constitution and the Employment Equity Act, unfair discrimination is forbidden. Both the Constitution and Employment Equity Act list specific grounds on which discrimination would be regarded as unfair. Although discrimination on any of the listed grounds would be regarded as automatically unfair,
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Cassidy, Elizabeth Ann Kandravy. "A delicate balance : equality, non-discrimination and affirmative action in Namibian constitutional law, as compared to South African and U.S. constitutional law." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52630.

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Thesis (LLM)--University of Stellenbosch, 2002.<br>ENGLISH ABSTRACT: This thesis examines the constitutional law of equality, non-discrimination and affirmative action in Namibia, and compares it to that of South Africa and the United States. Namibian judicial interpretation in these areas seeks to balance the need to safeguard the internationally recognized human rights that the Namibian Constitution guarantees with the need to ensure that Namibian constitutional law is seen as grounded in Namibia's historical experience and culture. This latter imperative derives from the Namibian Con
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Books on the topic "South african civil procedural law"

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Commission, South African Law. The recognition of a class action in South African law. The Commission, 1995.

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Marnewick, C. G. Litigation skills for South African lawyers. 2nd ed. LexisNexis Butterworths, 2007.

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Marnewick, C. G. Litigation skills for South African lawyers. Butterworths, 2002.

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Commission, South African Law. The recognition of class actions and public interest actions in South African law: Report. The Commission, 1998.

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J, Thomas Ph. Historical foundations of South African private law. 2nd ed. Butterworths, 2000.

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Van der Merwe, C. G. and Stoop B. C, eds. Historical foundations of South African private law. Butterworths, 1998.

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Taxpayers' rights in South Africa. Juta, 2010.

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Westhuizen, Johann Van der. Introductory notes on South African human rights law. Centre for Human Rights, Faculty of Law, University of Pretoria, 1993.

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George, Wille. Wille's principles of South African law. 8th ed. Juta, 1991.

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Statutory law revision: Legislation administered by the Department of Justice and Constitutional Development (legislation regulating the legal profession; courts and other institutions; civil procedure and evidence; substantive criminal law; civil law; wills; estates and insolvency and constitutional and political and legislation). South African Law Reform Commission, 2011.

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Book chapters on the topic "South african civil procedural law"

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Naudé, Tjakie. "The Civil Law Consequences of Corruption Under South African Law." In Ius Comparatum - Global Studies in Comparative Law. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19054-9_15.

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Rosen, Richard A., and Joseph Mosnier. "Creating LDF South." In Julius Chambers. University of North Carolina Press, 2016. http://dx.doi.org/10.5149/northcarolina/9781469628547.003.0008.

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This chapter describes Chambers's creation of a black-led and racially integrated law firm, for all intents the first such institution in the United States. In 1967, Chambers recruited two junior attorneys to his office: Adam Stein, a white George Washington University Law School graduate who had interned with Chambers in the summer of 1965, and James Ferguson, an African American from Asheville, North Carolina, who had just graduated from Columbia Law School. The three would form the nucleus of a powerful civil rights law practice for years to come. In 1968, after recruiting a young white Legal Aid attorney, James Lanning, Chambers formally created Chambers, Stein, Ferguson &amp; Lanning. In 1969, African American attorney Robert Belton, a North Carolina native who was LDF's leading Title VII litigator, also joined the firm. So highly reputed was Chambers as a civil rights litigator, and so central was his firm to the wider LDF campaign in these years, that the firm was informally acknowledged as "LDF South."
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Arrington, Celeste L. "Legal Mobilization and the Transformation of State-Society Relations in South Korea in the Realm of Disability Policy." In Civil Society and the State in Democratic East Asia. Amsterdam University Press, 2020. http://dx.doi.org/10.5117/9789463723930_ch12.

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Since the 1990s, South Koreans have gained better access to the courts as a channel for pursuing social and policy change. In particular, Koreans with disabilities began using the courts to challenge discrimination, enforce their rights, and influence policymaking. Through qualitative comparative analysis of recent legal mobilization by Koreans with disabilities, this chapter investigates factors that influence when and why people mobilize the law. Drawing on sociolegal and social movement theories, it shows that explanations focused on evolving legal opportunity structures – encompassing procedural rules, statutes, and legal interpretations – can only partly explain changing patterns in legal mobilization. Explanations should also consider the ‘support structures’ for legal mobilization: lawyers, advocacy organizations, and funding.
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Mostert, Hanri, and Tjakie Naude. "State Protection of Energy Consumers." In Energy Justice and Energy Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198860754.003.0009.

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This chapter scrutinizes the role of the state in ensuring electricity supply and protecting end-consumers along a spectrum of energy market models. On the one end, there are markets dominated by virtual state monopolies, such as the South African example, where supply and consumer protection take on a different shape, compared to those on the other end of the spectrum, where distribution of energy to end-consumers is privatized. The European Union (EU) exemplifies the latter. Analyses of both the Australian and Nigerian models of energy supply and end-consumer protection are included to demonstrate variations within privatized markets, and comment on the role of the state in implementing privatization. Issues of procedural and participatory justice are considered. Social justice issues are raised, furthermore, in that the type of consumer protection in a system is influenced by the degree of affluence of the community and the resilience of the system of governance.
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Welch, Kimberly M. "Introduction." In Black Litigants in the Antebellum American South. University of North Carolina Press, 2018. http://dx.doi.org/10.5149/northcarolina/9781469636436.003.0001.

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Black plaintiffs in civil suits remain a little known aspect of the legal history of the slave South. African Americans were not only observers of trials, informal participants, defendants, or objects of regulation: trial court records reveal them to be prolific litigators as well. They were parties to civil suits in their own interests and directly active in legal proceedings. They sued other black people, certainly, but they also sued white people. What is more, they often won. This is a phenomenon that has largely been overlooked by historians. But it ought not to be, because it speaks to the heart of the ways we understand the operation of power, of law, and of racial hierarchies in the slave South. The black legal experience in America cannot be reduced to white regulation and black criminality. Examining African Americans’ involvement in private law reveals a different picture. Black people appealed to the courts to protect their interests. They exploited the language of rights and property, thus including themselves within an American narrative of citizenship and privilege in advance of formal emancipation. When black litigants made such claims at law, they expected the courts to validate and execute those claims. Indeed, they sought accountability. Thus, seemingly mundane civil actions like debt recovery suits complicate our notions about the sources of rights and their relationship to civic inclusion.
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Niedermeier, Silvan. "Forced Confessions." In Crime and Punishment in the Jim Crow South. University of Illinois Press, 2019. http://dx.doi.org/10.5622/illinois/9780252042409.003.0003.

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This chapter studies two high-profile cases in which police officers used torture to extract confessions from black criminal suspects. In these cases, African Americans, aided by prominent white allies and the National Association for the Advancement of Colored People (NAACP), appealed to the courts to protest acts of torture, contest forced confessions, and challenge legal discrimination. The chapter places these protests within the context of the “long Civil Rights movement” to illuminate the tensions between the demands of white supremacy and the demands of a “color-blind” law characteristic of the modern bureaucratic state.
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Newman, Mark. "White Catholics in the South and Secular Desegregation, 1954–1970." In Desegregating Dixie. University Press of Mississippi, 2018. http://dx.doi.org/10.14325/mississippi/9781496818867.003.0006.

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For decades prior to the civil rights movement, most Catholic prelates, clergy and white laity in the South did not perceive or acknowledge any conflict between their commitment to law and order and democracy, and the existence of public segregation and the denial of voting rights to most African Americans in the region. By outlawing public school segregation in 1954, the United States Supreme Court’s Brown ruling brought southern state and federal law into conflict and bore directly on Catholic leaders’ concerns about public education, law and order, democracy and the Cold War. When southern state governments took measures designed to thwart Brown’s implementation, or when public school desegregation under federal court order became imminent, diocesan leaders and some lay groups in the areas affected often spoke out in defense of public education and obedience to federal law, and called for acceptance of desegregation. Some Catholics also supported voting rights.
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Rush Smith, Nicholas. "Spectacles of Statecraft." In Contradictions of Democracy. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190847180.003.0004.

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Why was the democratic state unable to monopolize violence despite massive judicial reforms? By considering the Truth and Reconciliation Commission, one of the most important early state-building institutions, the chapter shows the state has had difficulty disciplining relations between citizens such that they would turn to the law to resolve disputes rather than violently doing so themselves. Specifically, it examines the Victor Kheswa hearings in Sebokeng where, despite Kheswa’s alleged involvement in one of the worst massacres in South African history, his mother was put on stage as a victim of human rights abuses. The chapter argues that by proclaiming Kheswa’s mother as a victim, the TRC went against local notions of justice, as she was widely considered to be an enabler of violence, not a victim. This infelicitous performance mirrored the state’s challenges in getting citizens to turn to the law for justice, as many citizens considered suspects’ procedural rights as putting the law on the side of criminals.
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Williams, Heather Andrea. "Epilogue." In American Slavery: A Very Short Introduction. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199922680.003.0007.

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Despite the abolition of slavery with the Thirteenth Amendment to the Constitution, notions of black inferiority and white supremacy still persisted in both the North and the South. The ‘Epilogue’ outlines the profound struggles by African Americans to make their freedom meaningful. In 1868, the Fourteenth Amendment granted citizenship to African Americans and promised equal protection under the law and, in 1870, the Fifteenth Amendment gave black men the right to vote. The modern civil rights movement of the 1940s, 1950s, and 1960s began to impact on the discriminatory Jim Crow laws and practices, but for many African Americans, struggles for equality, justice, and fairness continue into the twenty-first century.
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Niedermeier, Silvan. "The Investigations by the Federal Government." In The Color of the Third Degree, translated by Paul Cohen. University of North Carolina Press, 2019. http://dx.doi.org/10.5149/northcarolina/9781469652979.003.0006.

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Chapter five shows the FBI investigations against William F. Sutherland as the first in a series of federal probes launched by representatives of the U.S. Department of Justice to sanction the persistent violation of the civil rights of blacks by law enforcement officials in the South. FBI investigation documented conditions of defendants capturing photos of wounds and evidence of weapons. Regardless of evidence provided against authorities, there was a limited chance of success. In addition, in all the cases covered in chapter five, lawmen were accused of abusing and torturing black suspects in violation of their civil rights. Despite the outcome of the trials, the FBI investigations exposed and brought awareness of police torture. Overall, the FBI investigations brought to light a multitude of other allegations of mistreatment by African American prisoners and challenged the system of police violence in the South.
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