Relevant bibliographies by topics / South African Law Reform Commission

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Academic literature on the topic 'South African Law Reform Commission'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "South African Law Reform Commission"

1

Swales, Lee. "An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part Two." Potchefstroom Electronic Law Journal 21 (March 27, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4496.

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The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa with a view to suggesting law reform in the light of the most recent proposals put forward by the South African Law Reform Commission.
 Part one considered the definition of data messages in the context of hearsay electronic evidence and concluded that amendment is required (as suggested by the South African Law Reform Commission). Further, part one sought to answer two additional queries posed in Discussion Paper 131 Review of the Law of Evidence in relation
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Pudifin, Sarah, and Shannon Bosch. "Demographic and Social Factors Influencing Public Opinion on Prostitution: An Exploratory Study in Kwazulu-Natal Province, South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 4 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2508.

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This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors which might influence these attitudes. It also investigates the complex relationship between public opinion and the law. Whilst engaging in prostitution constitutes a criminal offence under the Sexual Offences Act 23 of 1957, it is generally ignored by the police, which results in a quasi-legalised reality on the ground. In recent years there has been growing demand for the decriminalisation of prostitution, and as a result the issue is currently under cons
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Swales, Lee. "An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part One." Potchefstroom Electronic Law Journal 21 (March 27, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2916.

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The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence – with a view to providing clear, practical suggestions for regulatory reform in the context of the South African Law Reform Commission's most recent Discussion Paper on electronic evidence.
 Technology has become an indispensable part of modern life. In particular, the internet has facilitated new forms of business enterprise, and shifted basic communication norms. From a legal perspective, technology has presented several novel challenges for courts and practitioners to
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Malan, MC Schoeman. "Recent Developments Regarding South African Common and Customary Law of Succession." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 1 (2017): 106. http://dx.doi.org/10.17159/1727-3781/2007/v10i1a2794.

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This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant to constitutional tendencies, case law, and statutory reform over the last ten years. The principles of customary law of succession and inheritance have become a contentious issue since the commencement of the Constitution and Bill of Rights which provide for a human rights dispensation in South Africa. As a pluralistic legal system was retained, the inevitable conflict between the pri
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 3 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2297.

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The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or no
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Osman, Fatima. "Comment on the Single Marriage Statute: Implications for Customary Marriages." Potchefstroom Electronic Law Journal 24 (July 19, 2021): 1–18. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10471.

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The South African Law Reform Commission is currently canvassing views on a potential single marriage statute that would reconcile the several enactments currently regulating marriage in South Africa. This comment considers the implications of the proposed Bill for the regulation of customary marriages. It argues that the definition of a marriage / life partnership may be under-inclusive and must be expanded to included polygamous – rather than polygynous – relationships without a religious or cultural basis and life partnerships where the partners are not cohabitants. Furthermore, while the Bi
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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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Mabe, Zingaphi. "SECTION 27 OF THE INSOLVENCY ACT 24 OF 1936 AS A VIOLATION OF THE EQUALITY CLAUSE: A CRITICAL ANALYSIS." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (August 10, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a577.

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The Constitution of the Republic of South Africa, 1996, is regarded as one of the most progressive constitutions in the world. As the supreme law in South Africa, it applies to all law and conduct. All South African laws must be consistent with the Constitution. Where there is an alleged violation of constitutional provisions, that law or conduct must be evaluated to establish whether or not it is consistent with the values of an open and democratic society based on fundamental human rights such as human dignity and the right to equality.The Insolvency Act and section 27 in particular which is
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Ahmed, Raheel. ""Contributory Intent" as a Defence Limiting Delictual Liability." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 4 (2017): 1570. http://dx.doi.org/10.17159/1727-3781/2014/v17i4a2173.

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In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 (hereinafter referred to as the "Act"). In terms of the Act, the extent of the plaintiff's as against the defendant's fault is taken into account, resulting (in certain instances) in a reduction of the award to the plaintiff. The Act currently regulates the apporti
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Schüklenk, Udo. "Should we use the criminal law to punish HIV transmission?" International Journal of Law in Context 4, no. 3 (2008): 277–84. http://dx.doi.org/10.1017/s1744552308003042.

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Legislators around the world are grappling with the question of whether or not the criminal law should be deployed in order to punish HIV transmission that is the result of voluntary sexual encounters between competent, consenting adults. A few years ago, when I was working in South Africa, that country’s Law Reform Commission proposed to declare HIV transmissions that are the result of voluntary sexual encounters among competent consenting adults a criminal offence that ought to fall under the category of rape (Schüklenk, 2003). Rape and voluntariness do not go too well together, so – not bei
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Dissertations / Theses on the topic "South African Law Reform Commission"

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Manie, Latiefa. "The South African law of trusts with a view to legislative reform." University of the Western Cape, 2016. http://hdl.handle.net/11394/5349.

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Doctor Legum - LLD<br>More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there exists a pressing need to develop statutorily the law of trusts more extensively. To this end, the research has a dual objective: Firstly, to identify those areas of South African trust law that are not currently regulated statutorily but for which, by reason of extensive and, at times, controversial jurisprudential development, such regulation is now essen
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Swartz, Moshe Edward. "African perspectives on the land question: The Native Laws Commission 1883." University of the Western Cape, 1995. http://hdl.handle.net/11394/6335.

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Magister Artium - MA<br>Both Am-Xhosa and the European farmers, being pastoralists "the search for land and grass was (their) first principle", notes Walker (1928). When they met, they differed fundamentally on the "vital matter oflandholding" . So different were their perspectives, that Lekhehla (1955) suggested, as far as the treaties were concerned: "The Native Chiefs either did not understand the implications of the border treaties, or if they did, never intended to respect such treaties" (p.2 1). Hopper (1980) says the tension between the Europeans and the Africans on the land issue
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Prinsloo, Adam. "The need to reform promissory warranties in South African insurance law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78884.

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A critical historical consideration of promissory warranties in South African Insurance Law , an argument for the need of reform of such warranties and proposals of what such reform should entail.<br>Mini Dissertation (LLM (Insurance Law))--University of Pretoria, 2020.<br>Mercantile Law<br>LLM (Insurance Law)<br>Unrestricted
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De, Villiers Isolde. "South African legal culture in a transformative context." Diss., Pretoria ; [s.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-09272009-155336/.

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Ackson, Tulia. "Social Security Law and Policy reform in Tanzania with reflections on the South African Experience." Doctoral thesis, University of Cape Town, 2007. http://hdl.handle.net/11427/4615.

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Wächter, Felix. "An investigation of the South African land reform process from a conflict resolution perspective." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1272.

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This research study aims to investigate the South African Land Reform process from a conflict resolution perspective. According to Burton’s basic human needs theory deep-rooted social conflict will occur wherever social institutions neglect universal basic human needs. Excess to land and land tenure are considered basic human needs because they provide landowners with food, shelter and security. In absence of an extensive welfare state, land ownership fulfils the role of a social safety network, particularly in African countries. Consequently, an equal distribution of land is needed in order t
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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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Van, der Walt Maria Magdalena. "The concept "beneficial use" in South African water law reform / by Maria Magdalena van der Walt." Thesis, North-West University, 2011. http://hdl.handle.net/10394/5537.

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The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. The mechanism involves that water use rights that were unexercised in the two years before the promulgation of the National Water Act 36 of 1998 are not defined as existing lawful water uses. Where the concept "beneficial use" is utilised to cancel unexercised water use rights, it can cause potential hardship. Some people whose rights have been cancelled believe that they shou
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Stafford, Rowan Bell. "A legal-comparative study of the interpretation and application of the doctrines of the sham and the alter-ego in the context of South African trust law: the dangers of translocating company law principles into trust law." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003210.

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This thesis analyses the doctrines of the sham and the alter-ego and their application to the law of trusts in South Africa. Following an initial examination of the historical development of the law of trusts in English law and the principles of equity law, the study focuses on the current legal status of the trust inter vivos in South Africa and the similarities to its English forerunner. The work traces the sham doctrine back to its origins in English law, where the term “sham” was first used in the context of fraud and dishonesty in cases involving matters arising from hire-purchase agreeme
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Koboto, Oduetse. "Reform of environmental laws in Botswana: the need for an environmental framework act." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2442_1363785521.

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Books on the topic "South African Law Reform Commission"

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Commission, South African Law. List of the archives of the South African Law Commission, 1963-1991. State Archives Service, 1996.

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University of Cape Town. Faculty of Law, ed. Modern company law for a competitive South African economy. Juta, 2010.

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Commission, South African Law. Simplification of criminal procedure: Access to the criminal justice system / South African Law Commission. The Commission, 1997.

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Our land, our life, our future: Black South African challenges to territorial segregation, 1913-1948. Unisa Press, 2015.

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M, Otto J. The Usury Act and related matters: New credit legislation for South Africa proposed to the South African Law Commission. South African Law Commission, 1991.

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United States. Congress. Commission on Security and Cooperation in Europe. Implementation of the Helsinki accords: Hearing before the Commission on Security and Cooperation in Europe, One Hundredth Congress, second session, the nationalities issue in the Soviet Union--the limits of reform, September 15, 1988. U.S. G.P.O., 1988.

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United States. Congress. Commission on Security and Cooperation in Europe. Implementation of the Helsinki accords: Hearing before the Commission on Security and Cooperation in Europe, One Hundredth Congress, second session, the nationalities issue in the Soviet Union--the limits of reform, September 15, 1988. U.S. G.P.O., 1988.

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United States. Congress. Commission on Security and Cooperation in Europe. Implementation of the Helsinki accords: Hearing before the Commission on Security and Cooperation in Europe, One Hundred First Congress, first session, the new and improved supreme Soviet and the institutionalization of human rights reform, November 28, 1989. U.S. G.P.O., 1990.

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United States. Congress. Commission on Security and Cooperation in Europe. Implementation of the Helsinki accords: Hearing before the Commission on Security and Cooperation in Europe, One Hundred First Congress, first session, the new and improved Supreme Soviet and the institutionalization of human rights reform, November 28, 1989. U.S. G.P.O., 1990.

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United States. Congress. Commission on Security and Cooperation in Europe. Implementation of the Helsinki accords: Hearing before the Commission on Security and Cooperation in Europe, One hundredth Congress, first session. U.S. G.P.O., 1987.

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Book chapters on the topic "South African Law Reform Commission"

1

Thome, Joseph R., and Lawrence Tshuma. "Land rights and agrarian reform: Latin American and South African perspectives." In Good Government and Law. Palgrave Macmillan UK, 1997. http://dx.doi.org/10.1007/978-1-349-25229-9_9.

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Mostert, Hanri. "Meaning of the Constitutional Objective of Land Reform for the South African Property Law." In The Constitutional Protection and Regulation of Property and its Influence on the Reform of Private Law and Landownership in South Africa and Germany. Springer Berlin Heidelberg, 2002. http://dx.doi.org/10.1007/978-3-642-55932-7_9.

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Tibbitts, Felisa, and André Keet. "Curriculum Reform in Transitional Justice Environments: The South African Human Rights Commission, Human Rights Education and the Schooling Sector." In Globalisation, Human Rights Education and Reforms. Springer Netherlands, 2016. http://dx.doi.org/10.1007/978-94-024-0871-3_6.

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Mostert, Hanri. "The Drafting Histories of the South African and German Constitutional Property Clauses." In The Constitutional Protection and Regulation of Property and its Influence on the Reform of Private Law and Landownership in South Africa and Germany. Springer Berlin Heidelberg, 2002. http://dx.doi.org/10.1007/978-3-642-55932-7_4.

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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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"The South African Human Rights Commission: A Holistic Assessment." In Law, Politics and Rights. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004249004_007.

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Addink, Henk. "Implementation of the Principles of Good Governance on the National Level outside the EU." In Good Governance. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841159.003.0015.

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In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.
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Miller, DL Carey. "The Reform of South African Land Law in its Roman-Dutch Context - New Wine?" In Property Law: Current Issues and Debates. Routledge, 2018. http://dx.doi.org/10.4324/9780429448447-12.

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Dinah, Shelton. "4 Recent Work of the International Law Commission." In Jus Cogens. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865957.003.0004.

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This chapter examines the International Law Commission's (ILC) recent consideration of the topic of jus cogens. It was not until 2015 that the ILC decided to include the topic in its program of work and appointed South African member Dire Tladi as special rapporteur for the topic. The initial report of Tladi addressed conceptual matters such as the nature and definition of jus cogens norms. At its 69th Session in 2017, the ILC had before it the second report submitted by the Special Rapporteur which aimed to set forth the criteria for the identification of peremptory norms, using the Vienna Convention on the Law of Treaties (VCLT) as a starting point. Meanwhile, the third report of the Special Rapporteur considered the consequences and legal effects of peremptory norms of general international law. Finally, the fourth report, presented in 2019, dealt with the question of the existence of regional jus cogens and the contentious issue of whether or not to include an illustrative list of jus cogens norms in the conclusions to the study.
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"The Urgings of a Friendly Founding Father: Kader Asmal as Amicus Curiae in the South African Judicial Service Commission Case." In Law, Politics and Rights. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004249004_009.

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