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

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

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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7

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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9

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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Williams, Sope. "The Use of Exclusions for Corruption in Developing Country Procurement: The Case of South Africa." Journal of African Law 51, no. 1 (2007): 1–38. http://dx.doi.org/10.1017/s002185530600026x.

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AbstractThe South African public procurement system is regulated by a constitutional framework and legislation applicable to all tiers of government. An interesting feature of the system is that suppliers may be excluded from government contracts for breaches of procurement or anti-corruption legislation. This article critically examines corruption-related exclusions. It is suggested that there is likely to be a number of problems with the implementation of these exclusions. First, it is not clear how effective they will be in meeting the government's anti-corruption policy. Secondly, in respe

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Reddy, Eveshnie. "Analysing the Investigation and Prosecution of Cryptocurrency Crime as Provided for by the South African Cybercrimes Bill." Statute Law Review 41, no. 2 (2019): 226–39. http://dx.doi.org/10.1093/slr/hmz001.

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Abstract The purpose of this article is to determine the effectiveness of the Cybercrimes Bill of 2018 in investigating and prosecuting cryptocurrency crime. The method used to determine this enquiry is based on the analysis of certain criminal, procedural, and investigatory support provisions of the bill, accompanied by recommendations where necessary. An analysis of the Cybercrimes Bill of 2018 in its entirety falls outside the scope of this article. The significance of this enquiry rests on the increasing use of cryptocurrencies in criminal activity (including money laundering, investment s

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Sibanda, Omphemetse S. "Procedural Requirements of the South African Anti-Dumping Law and Practice Prior to Imposition of Anti-Dumping Duties: Are They Really WTO-inconsistent?" Foreign Trade Review 55, no. 2 (2020): 216–38. http://dx.doi.org/10.1177/0015732519894150.

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Dumping, which is a form of price discrimination or differential pricing of different units of the same good sold at different prices in different markets, remains a continuing problem for many countries. The World Trade Organisation (WTO) members resort to the imposition of anti-dumping duties or levies to offset the effects of the dumped products on the domestic industry. This article provides a critical analysis of procedural issues in the South African anti-dumping law and practice to determine if it is compatible with the WTO’s Anti-Dumping Agreement (ADA). It particularly focusses on pro

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Harder, Sirko. "STATUTES OF LIMITATION BETWEEN CLASSIFICATION AND RENVOI—AUSTRALIAN AND SOUTH AFRICAN APPROACHES COMPARED." International and Comparative Law Quarterly 60, no. 3 (2011): 659–80. http://dx.doi.org/10.1017/s0020589311000261.

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AbstractThis article compares the ways in which Australian and South African courts have approached issues of classification and renvoi where a defendant argues that the action is time-barred. There are two differences in approach. First, Australian courts classify all statutes of limitation as substantive, whereas South African courts distinguish between right-extinguishing statutes (substantive) and merely remedy-barring statutes (procedural). Second, the High Court of Australia has used renvoi in the context of the limitation of actions whereas South African courts have yet to decide on whe

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Farlam, Ian. "The old authorities in South African practice." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 4 (2007): 399–408. http://dx.doi.org/10.1163/157181907782912336.

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AbstractThe old authorities have been quoted in, and relied on by, the courts of the Cape and subsequently in the other territories making up the Republic of South Africa from the foundation of the colony by the Dutch East India Company in the middle of the seventeenth century. By the end of the nineteenth century not only were the main authorities extensively quoted in the courts but the doctrines they contained were being incorporated in the textbooks that were being written. And that is still the position. It is not likely that the new generation of judges to be appointed in the next few de

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Bronstein, Victoria, and Judith Katzew. "Safeguarding the South African public broadcaster: governance, civil society and the SABC." Journal of Media Law 10, no. 2 (2018): 244–72. http://dx.doi.org/10.1080/17577632.2018.1592284.

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Boister, Neil, and Richard Burchill. "The International Legal Definition of the South African Armed Conflict in the South African Courts: War of National Liberation, Civil War, or War at All?" Netherlands International Law Review 45, no. 03 (1998): 348. http://dx.doi.org/10.1017/s0165070x00002217.

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18

Krüger, Rósaan. "The South African constitutional Court and the Rule of Law: The Masethla Judgment, A Cause for Concern." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (2017): 467. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2695.

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The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South Africa,[1] the majority of the Constitutional Court opted for an interpretation of this value that frees the President from adherence to the demands of procedural fairness when exercising certain constitutional powers. This note will investigate the soundness of that interpretation against the background of theoretical expositions of the rule of law and earlier Constitutional Court

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19

van der Walt, A. J. "Tradition on Trial: A Critical Analysis of the Civil-Law Tradition in South African Property Law." South African Journal on Human Rights 11, no. 2 (1995): 169–206. http://dx.doi.org/10.1080/02587203.1995.11827559.

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20

Chanock, Martin. "Writing South African Legal History: A Prospectus." Journal of African History 30, no. 2 (1989): 265–88. http://dx.doi.org/10.1017/s0021853700024130.

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This article outlines the approach to the writing of South African legal history being taken in a book in progress on the South African legal system between 1902 and 1929. It suggests that legalism has been an important part of the political culture of South Africa and that, therefore, an understanding of legal history is necessary to a comprehension of the South African state. It offers a critique of the liberal notion of the rule of law as a defence against state power, arguing that in the South African context ideological and legitimising explanations of law should be de-emphasised in favou

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21

Smith, B. S., and J. A. Robinson. "The South African Civil Union Act 2006: Progressive Legislation With Regressive Implications?" International Journal of Law, Policy and the Family 22, no. 3 (2008): 356–92. http://dx.doi.org/10.1093/lawfam/ebn011.

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22

Basdeo, Vinesh M., Moses Montesh, and Bernard Khotso Lekubu. "SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE." Journal of Law, Society and Development 1, no. 1 (2014): 48–67. http://dx.doi.org/10.25159/2520-9515/874.

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Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear

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23

Kateřina Rudnicová. "African Solution to African Problems: AU and the Conflict Resolution in South Sudan." Politeja 15, no. 56 (2019): 169–91. http://dx.doi.org/10.12797/politeja.15.2018.56.10.

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The article deals with the concept of responsibility to protect, applied on the case study of South Sudan. The introductory part of the paper discusses the concept itself, its emergence and inclusion in relevant international law documents. The second part is dedicated to the analysis of African Union’s documents which enshrine responsibility to protect concept to the organization’s politics. The third part analyses the South Sudanese civil war and is concerned with the role of African Union in the conflict resolution process in current South Sudan. Methodologically, it is an intrinsic case st

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Akinloye, Idowu A. "Legal Issues Involving Succession Disputes among South African Churches: Some Lessons." Ecclesiastical Law Journal 23, no. 2 (2021): 160–90. http://dx.doi.org/10.1017/s0956618x21000041.

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South African Christian churches have been widely recognised as major civil institutions that play a role in the provision of social services to complement the state effort. But the concern is there has been an increase in the number of disputes involving leadership succession in these churches that have had to be adjudicated by the civil courts in the last decade. These disputes impact on the governance, growth, reputation and sustainability of churches. The South African Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Co

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Maguire, James. "Children of the Abyss." New Criminal Law Review 15, no. 1 (2012): 68–121. http://dx.doi.org/10.1525/nclr.2012.15.1.68.

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This article critically examines recent legislation in South Africa intended to systematically overhaul the country's juvenile justice system. Developed and heatedly debated over the course of a decade, the Child Justice Act implements novel procedural protections and large-scale restorative justice programs. By analyzing the political history, social context, and evolving text of the Child Justice Act, I call into question prevailing assumptions about post-apartheid South Africa's socio-legal history. Close examination of the Act's major drafts (in 2002, 2007, and 2008) reveals a set of tensi

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Grisinger, Joanna L. "“South Africa is the Mississippi of the world”: Anti-Apartheid Activism through Domestic Civil Rights Law." Law and History Review 38, no. 4 (2019): 843–81. http://dx.doi.org/10.1017/s0738248019000397.

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In the late 1960s and early 1970s, a small group of antiapartheid activists, led by the American Committee on Africa and chair of the House Subcommittee on Africa Rep. Charles Diggs Jr., launched a campaign against South African Airways' new flights into the United States. Using the legal and political strategies of the American civil rights movement, and the fragmentation of power within the American political system, activists tried to turn South African apartheid into an American civil rights problem that American government institutions could address. The strategy was indebted to the polit

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Forere, Malebakeng Agnes. "The compliance of South Africa's patents compulsory licensing regime to the TRIPs Agreement." Queen Mary Journal of Intellectual Property 9, no. 2 (2019): 156–77. http://dx.doi.org/10.4337/qmjip.2019.02.02.

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In South Africa, patents compulsory licences can be issued under the Patents Act or Competition Act although the latter is not explicit. Whereas there has not been a single compulsory licence issued through the Patents Act, there is however a growing interest to obtain compulsory licences of drugs using the competition law regime. Focusing specifically on the standard of compensation, the objectives of this paper are two-fold: first, it seeks to determine why there is a growing interest in resorting to the competition route as opposed to the Patents Act. Secondly, the paper aims to determine t

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Shkarevsky, D. N. "The Consideration of Civil Cases in the Courts of the Khanty-Mansiysky District (1946 – 1955)." Pravo: istoriya i sovremennost', no. 4(13) (2020): 033–47. http://dx.doi.org/10.17277/pravo.2020.04.pp.033-047.

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The author analyzes the activities of the people's courts of KHMAO-Yugra based on archival sources. The quality of civil cases in the district courts was poor. During 1946–1955, the proportion of decisions upheld in civil cases increased from 37.8 to 68.2 %. However, the main indicators of the Khanty-Mansiysk district courts in civil cases were significantly lower than similar indicators of the courts of the neighboring region – the South of the Tyumen region. The work of the people's courts of the district in reviewing cases of this category was also characterized by instability. Civil cases

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Burbank, Stephen, and Sean Farhang. "Politics, Identity, and Class Certification on the U.S. Courts of Appeals." Michigan Law Review, no. 119.2 (2020): 231. http://dx.doi.org/10.36644/mlr.119.2.politics.

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This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presen

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Smith, Bradley Shaun, and JA Robbie Robinson. "An Embarrassment of Riches or a Profusion of Confusion An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 2 (2017): 29. http://dx.doi.org/10.17159/1727-3781/2010/v13i2a2640.

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As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while same-sex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and gi

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Jenkins, Jeffery A., and Justin Peck. "Building Toward Major Policy Change: Congressional Action on Civil Rights, 1941–1950." Law and History Review 31, no. 1 (2013): 139–98. http://dx.doi.org/10.1017/s0738248012000181.

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The mid-1960s witnessed a landmark change in the area of civil rights policy in the United States. After a series of tortuous internal battles, with Southern legislators using all available procedural tools to maintain their states' discriminatory Jim Crow legal systems, the United States Congress adopted two statutes—the Civil Rights Act of 1964 and the Voting Rights Act of 1965—which insured civil and political equality for all Americans. The Acts of 1964 and 1965 were the culmination of a decade-long struggle by black Americans to secure the citizenship rights that had been denied to them f

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Magaisa, Alex Tawanda. "CASE NOTES." Journal of African Law 47, no. 1 (2003): 117–25. http://dx.doi.org/10.1017/s0221855303002013.

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Clearly, one of the greatest challenges that faces sub–Saharan Africa is the AIDS pandemic. The Human Immuno–Deficiency Virus (HIV), which causes AIDS, continues to spread at an alarming rate. In South Africa the statistics relating to the AIDS disease are staggering. With the greatest impact on the young and economically active population, it is estimated that without firm action, it will be an epidemic of catastrophic proportions, which will break up the foundations of socio–economic life. Against this background, the need for combative measures and strategies to deal with the problem is not

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Ujomu, Philip Ogochukwu. "Africa’s Crisis of Social and Political Order and the Significance of Ubuntu Human Values for Peace and Development." Culture and Dialogue 8, no. 1 (2020): 97–115. http://dx.doi.org/10.1163/24683949-12340077.

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Abstract Social life across the African continent is largely threatened by intolerance, injustice, lack of equal opportunity, inequity in resource distribution, lack of compassion, unfair treatment and disrespect for others’ rights, as well as compromising intrusion of ethnicity, corruption, terrorism and religion into affairs of the state. So, Africans largely struggle with the political problem of building and sustaining societies and institutions that can be civil and compliant to the rule of law. There exists an African problem of political justice (obedience to constitutional and procedur

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Nyawasha, Tawanda Sydesky, and Phakiso Michael Mokhahlane. "The Paradox of Civil Policing in Contemporary South Africa." Insight on Africa 9, no. 2 (2017): 109–25. http://dx.doi.org/10.1177/0975087817707448.

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This article is a study of democratic policing in contemporary South Africa. The attempt in this article is to offer a scholarly analysis on the nature of civil policing in South Africa. Empirically, our focus is on everyday observations and also public discourse shaped and transmitted within the civil and political realms of the broader South African community. We argue that civil policing and security in South Africa is typified by a paradox that destroys the civic virtue and rationale of policing. It is our argument also that this paradox has posed a significant challenge to democratic and

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Gazzini, Tarcisio. "Travelling the National Route: South Africa's Protection of Investment Act 2015." African Journal of International and Comparative Law 26, no. 2 (2018): 242–63. http://dx.doi.org/10.3366/ajicl.2018.0230.

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The South African Protection of Investment Act 2015 is a strong response to the perceived inadequacy of investment treaties, which are facing growing criticism for their unbalanced character, the undue restrictions on policy space and the shortcomings of the mechanism for the settlement of disputes. While other states have opted for a revision of their treaty models (i.e. India), concluded innovative BITs (i.e. the BIT between Morocco and Nigeria, not yet in force) or preferred facilitation agreements (i.e. Brazil), South Africa has taken a different route based on the assumption that domestic

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Nestertsova-Sobakar, Oleksandra. "Statute of civil proceedings of 1864: history of adoption, main provisions and its impact on the Ukrainian provinces." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 95–100. http://dx.doi.org/10.31733/2078-3566-2020-4-95-100.

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The article deals with the main factors that caused the authorities to take the steps of fundamental changes in the civil procedural legislation of the Russian Empire. It has been pointed out that in the 1840s, Nicolas I paid attention to the problems, and in 1848 issued a resolution demanding the creation of a special institution for drafting amendments to the legislation. The study highlights the process of drafting and preparing project of the law. It is noted that the French experience (Code of 1806), as well as the achievements of Austria and Prussia in the field of civil process, were us

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Viljoen, J. "The board of directors in South Africa: Its role in corporate strategic planning." South African Journal of Business Management 17, no. 4 (1986): 215–19. http://dx.doi.org/10.4102/sajbm.v17i4.1060.

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There is a considerable degree of uncertainty regarding the precise role of the board of directors in corporate strategic planning. With reference to the South African Company Law and practice the objectives of this paper are (i) to isolate and categorize possible alternative relationships between top management and the board of directors in matters of corporate strategy; (ii) to identify the level at which the board should become involved in corporate strategy; (iii) to suggest which elements of strategy should be the legitimate concern of the board; (iv) to propose procedural guidelines whic

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De Wet, Erika. "The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 565. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2258.

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The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international c

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Eesa A Fredericks. "Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa." Obiter 41, no. 1 (2020): 10–44. http://dx.doi.org/10.17159/obiter.v41i1.10546.

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This series of two articles provides a comparative overview of the position in common-law jurisdictions on the conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, was investigated in part 1.1 Although Scotland is a mixed civil/common-law jurisdiction, the situation in

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du Plessis, Max. "Chinese arms destined for Zimbabwe over South African territory: The R2P norm and the role of civil society." African Security Review 17, no. 4 (2008): 17–29. http://dx.doi.org/10.1080/10246029.2008.9627494.

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Broodryk, Theo. "The South African Class Action Mechanism: Comparing the Opt-In Regime to the Opt-Out Regime." Potchefstroom Electronic Law Journal 22 (May 20, 2019): 1–17. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4506.

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In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is confined to claimants who choose positively to advance their claims and are required to come forward for that purpose, he can see no reason why they are not capable of doing so in their own names through joinder – they do not need a representative to do so on their behalf. The members who choose to opt in to the class action will thus be identifiable. If that is the case then, according Nugent JA, joinder may be the appropriate procedural device. A problem evidenced by this approach is accordingl

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Meagher, Kate. "Hijacking civil society: the inside story of the Bakassi Boys vigilante group of south-eastern Nigeria." Journal of Modern African Studies 45, no. 1 (2007): 89–115. http://dx.doi.org/10.1017/s0022278x06002291.

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Analyses of the rise of violent vigilantism in Africa have focused increasingly on the ‘uncivil' character of African society. This article challenges the recourse to cultural or instrumentalist explanations, in which vigilantism is portrayed as a reversion to violent indigenous institutions of law and order based on secret societies and occultist practices, or is viewed as a product of the contemporary institutional environment of clientelism and corruption in which youth struggle for their share of patronage resources. The social and political complexities of contemporary African vigilantism

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Albertyn, Cathi. "Claiming and defending abortion rights in South Africa." Revista Direito GV 11, no. 2 (2015): 429–54. http://dx.doi.org/10.1590/1808-2432201519.

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ABSTRACT The South African transition to democracy enabled successful claims for gender equality and reproductive rights in the Constitution and in law. This article explores that transition with a focus on the enactment of a progressive abortion law; the feminist, rights and public health narratives that justified it; and the manner in which it transformed constitutional and legal norms about women and reproductive choice, despite a broadly conservative society. Then, it discusses twenty years of the Act in practice, highlighting its uneven implementation in the face of significant normative

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Khlif, Hichem, Achraf Guidara, and Mohsen Souissi. "Corporate social and environmental disclosure and corporate performance." Journal of Accounting in Emerging Economies 5, no. 1 (2015): 51–69. http://dx.doi.org/10.1108/jaee-06-2012-0024.

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Purpose – The purpose of this paper is to investigate the relationship between corporate performance and social and environmental disclosure for two African leading countries namely, South Africa (common law country) and Morocco (civil law country). Design/methodology/approach – The sample consists of 168 annual reports spanning from 2004 to 2009. A content analysis of companies’ annual reports is used to measure the extent of voluntary social and environmental disclosure. Findings – Results show that social and environmental disclosure has a significant positive effect on corporate performanc

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Milewski, Melissa. "Reframing Black Southerners’ Experiences in the Courts, 1865–1950." Law & Social Inquiry 44, no. 4 (2019): 1113–40. http://dx.doi.org/10.1017/lsi.2019.5.

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In civil cases that took place in southern courts from the end of the Civil War to the mid-twentieth century, black men and women frequently chose to bring litigation and then negotiated the white-dominated legal system to shape their cases and assert rights. In some ways, these civil cases were diametrically opposite from the criminal cases of black defendants who did not choose to enter a courtroom and often received unequal justice. However, this article draws on almost 2,000 cases involving black litigants in eight state supreme courts across the South between 1865 to 1950 to argue that in

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Barker, Nicola. "Ambiguous symbolisms: recognising customary marriage and same-sex marriage in South Africa." International Journal of Law in Context 7, no. 4 (2011): 447–66. http://dx.doi.org/10.1017/s1744552311000243.

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AbstractIn this article I draw on the South African legal context to critique the argument that same-sex marriage would provide ‘equal recognition’ for same-sex relationships. I highlight the ways in which, despite strong equality provisions in the South African Constitution and an apparent commitment to substantive rather than merely formal equality, both customary marriage and same-sex marriage continue to be subordinate to heterosexual civil marriage. I then broaden my analysis to consider the extent to which this would also be the case in other jurisdictions, particularly the UK. Drawing o

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Rautenbach, Christa, and Willemien du Plessis. "African Customary Marriages in South Africa and the Intricacies of a Mixed Legal System: Judicial (In)novatio or Confusio?" Symposium: Mixed Jurisdictions 57, no. 4 (2012): 749–80. http://dx.doi.org/10.7202/1013030ar.

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South Africa has a mixed legal system comprised of transplanted European laws (the core being Roman-Dutch law, subsequently influenced by English common law) and indigenous laws, referred to as customary law. This mix is also evident in South Africa’s marriage laws, which can roughly be divided into two categories: civil marriages or unions, and African customary marriages. Since 1994, the developments in these two categories of marriage have been revolutionary. The case law reads like a jurisprudential chronicle of factual situations never contemplated by the legislator, and the judiciary mus

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Ikhariale, M. A. "THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA." Journal of African Law 45, no. 1 (2001): 1–12. http://dx.doi.org/10.1017/s0221855301001572.

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One of the outstanding features of the South African Constitution is the well-articulated concept of administrative justice. It is to be expected that a modern constitutional state with an enormous social reconstruction programme like that of post-apartheid South Africa must have a sophisticated mechanism for the maintenance of administrative justice. The immediate past experience of apartheid under which the administrative process was devoted to the victimization of a large section of the population has also meant that every constitutional means possible in the arduous task of social reconstr

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Alfaro-Velcamp, Theresa. "“Don’t send your sick here to be treated, our own people need it more”: immigrants’ access to healthcare in South Africa." International Journal of Migration, Health and Social Care 13, no. 1 (2017): 53–68. http://dx.doi.org/10.1108/ijmhsc-04-2015-0012.

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Purpose Asylum seekers, refugees and immigrants’ access to healthcare vary in South Africa and Cape Town due to unclear legal status. The purpose of this paper is to shed light on the source of this variation, the divergence between the 1996 South African Constitution, the immigration laws, and regulations and to describe its harmful consequences. Design/methodology/approach Based on legal and ethnographic research, this paper documents the disjuncture between South African statutes and regulations and the South African Constitution regarding refugees and migrants’ access to healthcare. Resear

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Mussi, Francesca. "From the Campbell Case to a Recent Ruling of the Constitutional Court of South Africa: Is There Any Hope to Revive the Tribunal of the Southern African Development Community?" African Journal of International and Comparative Law 28, Supplement (2020): 110–37. http://dx.doi.org/10.3366/ajicl.2020.0334.

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This article provides a critical analysis of the judgments delivered by the Regional High Court of Pretoria in the case Law Society of South Africa et al. v. President of the Republic of South Africa, the Minister of Justice and Constitutional Development, the Minister of International Relations and Co-operation and the Constitutional Court of South Africa in Law Society of South Africa and Others v. President of the Republic of South Africa and Others in order to investigate to what extent they can contribute to discuss the revival of the SADC Tribunal with all its original powers. After prov

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