Log in

Relevant bibliographies by topics / South African Law Reform Commission / Journal articles

To see the other types of publications on this topic, follow the link: South African Law Reform Commission.

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

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'South African Law Reform Commission.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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.Â In particular, the internet has facilitated new forms of business enterprise, and shifted basic communication norms.Â From a legal perspective, technology has presented several novel challenges for courts and practitioners to

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

6

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

11

Muntingh, Lukas M. "Africa, Prisons and COVID-19." Journal of Human Rights Practice 12, no. 2 (2020): 284–92. http://dx.doi.org/10.1093/jhuman/huaa031.

Full text

Abstract:

Abstract Africa’s prisons are a long-standing concern for rights defenders given the prevalence of rights abuses, overcrowding, poor conditions of detention and the extent to which the criminal justice system is used to target the poor. The paper surveys 24 southern and east African countries within the context of COVID-19. Between 5 March and 15 April 2020 COVID-19 had spread to 23 southern and east African countries, except Lesotho. The overwhelming majority of these countries imposed general restrictions on their populations from March 2020 and nearly all restricted visits to prisons to pre

APA, Harvard, Vancouver, ISO, and other styles

12

Khan, Fatima. "Exploring Childhood Statelessness in South Africa." Potchefstroom Electronic Law Journal 23 (May 4, 2020): 1–34. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6414.

Full text

Abstract:

The United Nations High Commissioner for Refugees set a 10-year timeline in 2014 to prevent childhood statelessness. The United Nations High Commissioner for Refugees believes this is possible if the following four steps are taken. First, it urges all States to allow children, who would otherwise be stateless, to gain nationality in the country where they are born. Secondly, it urges States to reform citizenship laws that discriminate on the ground of gender, so that mothers are able to pass nationality to their children on an equal basis as fathers. Thirdly, it calls for the elimination of la

APA, Harvard, Vancouver, ISO, and other styles

13

Mostert, Hanri. "Land as a "National Asset" under The Constitution: The System Change envisaged by the 2011 Green Paper on Land Policy and what This means for Property Law under The Constitution." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 2 (2017): 796. http://dx.doi.org/10.17159/1727-3781/2014/v17i2a2185.

Full text

Abstract:

This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new framework for land law. The purpose is to advance some suggestions as to how new statutory interventions can avoid being contested for unconstitutionality. The analysis focuses on the Green Paper's notion of land as a "national asset", questioning the meaning and implications of such a notion against the debate about nationalisation of important resources. In this context, th

APA, Harvard, Vancouver, ISO, and other styles

14

Kelly-Louw, Michelle, and Philip Stoop. "Prescription of Debt in the Consumer-Credit Industry." Potchefstroom Electronic Law Journal 22 (December 12, 2019): 1–35. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6571.

Full text

Abstract:

A person may acquire rights or be released from obligations through the passage of time. This is known as prescription. The objective of prescription is to achieve legal certainty and finality in the relationship between a debtor and a creditor, with the focus on protecting a debtor (consumer) against the unfairness of having to defend old claims. Old claims are therefore after the elapsing of specific time periods extinguished through prescription. A debtor must then specifically raise prescription as a defence against claims from creditors based on prescribed debts. The prescription of consu

APA, Harvard, Vancouver, ISO, and other styles

15

Carey Miller, D. L., and Anne Pope. "South African land reform." Journal of African Law 44, no. 2 (2000): 167–94. http://dx.doi.org/10.1017/s0021855300012201.

Full text

Abstract:

This article looks at the essential features and the effects of the South African land reform initiatives launched in the mid-1990s. After examining the context in which these initiatives have taken place, it deals separately with the three subprogrammes of land reform, namely, land restitution, land redistribution and land tenure reform. It discusses two particular features of the programme: its provision of title to millions of South Africans and its adjustment of the correlative position between the landowner and the holder of a lesser possessory or occupational right.

APA, Harvard, Vancouver, ISO, and other styles

16

Majid, Bozorgmehri. "The Human Rights in OIC, A Gradually Movement but in Progress." Journal of Politics and Law 10, no. 2 (2017): 73. http://dx.doi.org/10.5539/jpl.v10n2p73.

Full text

Abstract:

Comprising 57 member states, the Organization for Islamic Cooperation (OIC) is the second largest intergovernmental organization in the world after the United Nations. Its membership extends from Southeast Asia, South Asia and the Middle East to Africa, Eurasia, the Balkans and South America.In 2005, OIC launched a reform program that culminated in adopting a revised Charter in 2008 replacing the Charter of 1972. The new Charter seemed to reflect an increased prominence for human rights within the OIC, and it paved the way for the establishment of the OIC’s Independent Permanent Human Rights C

APA, Harvard, Vancouver, ISO, and other styles

17

Steyn, Lee. "Reform of South African insolvency law." International Insolvency Review 10, no. 2 (2001): 141–51. http://dx.doi.org/10.1002/iir.86.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Cloete, Nico, and Johan Muller. "South African higher education reform: what comes after post-colonialism?" European Review 6, no. 4 (1998): 525–42. http://dx.doi.org/10.1017/s1062798700003653.

Full text

Abstract:

Since the fall of the apartheid regime South African higher education has begun to undergo a process of fundamental transformation. First-world universities, which were beneficiaries (however unwilling) of past racial inequalities, have had to adapt to the urgent needs of what is a post-colonial and, for the majority of its citizens, a third-world society. South Africa, therefore, provides a particularly sharp example of the encounter between a higher education system established within the European tradition, in terms of both its institutional and its academic culture, and a society in the pr

APA, Harvard, Vancouver, ISO, and other styles

19

Viljoen, Frans. "State reporting under the African Charter on Human and Peoples' Rights: a boost from the South." Journal of African Law 44, no. 1 (2000): 110–18. http://dx.doi.org/10.1017/s0021855300012080.

Full text

Abstract:

The problems of the absence or infrequency of states parties reports to the African Commission and the inadequacy of many that are submitted needs to be addressed. At the 25th session of the African Commission, South Africa presented its initial report. This process before, during and after the examination of the report is discussed and provides both encouragement for states to comply with their reporting obligations under the African Charter and useful lessons for states wishing to improve the quality of their reports.

APA, Harvard, Vancouver, ISO, and other styles

20

Movik, Synne. "Allocation discourses: South African water rights reform." Water Policy 13, no. 2 (2010): 161–77. http://dx.doi.org/10.2166/wp.2010.216.

Full text

Abstract:

Perceptions of increasing water scarcity have caused many countries to reform their water legislation. South Africa, in the vanguard of reform efforts, passed the National Water Act in 1998. The Act was lauded as a progressive piece of policy as it posited the redress of past injustices as one of its overarching aims. But there has been little progress in terms of redistribution of water use rights. This paper argues that bringing water under the ambit of the state, in combination with the particular political conjunctures in post-apartheid South Africa, opened up space for the emergence of na

APA, Harvard, Vancouver, ISO, and other styles

21

Cameron, Edwin. "Constructive Trusts in South African Law: The Legacy Refused." Edinburgh Law Review 3, no. 3 (1999): 341–58. http://dx.doi.org/10.3366/elr.1999.3.3.341.

Full text

Abstract:

This paper was first presented on 19 October 1996 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of constructive trusts. Although trusts are a distinctively Common Law institution, seemingly incompatible with Civilian concepts of property, trust law has been received in the mixed South African legal system. But constructive trusts have found no place in South African trust law, in the view of the author, rightly so. Much of the work performed by the constructive trust can be achieved through the law of obligations, while the ac

APA, Harvard, Vancouver, ISO, and other styles

22

Crenshaw, Kimberle Williams. "Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law." German Law Journal 12, no. 1 (2011): 247–84. http://dx.doi.org/10.1017/s2071832200016850.

Full text

Abstract:

In 1984, President Reagan signed a bill that created the Martin Luther King, Jr. Federal Holiday Commission. The Commission was charged with the responsibility of issuing guidelines for states and localities to follow in preparing their observances of Martin Luther King's birthday. The Commission's task would not be easy. Although King's birthday had come to symbolize the massive social movement that grew out of efforts of African-Americans to end the long history of racial oppression in America, the first official observance of the holiday would take place in the face of at least two disturbi

APA, Harvard, Vancouver, ISO, and other styles

23

Dugard, John. "South Africa's Truth and Reconciliation Process and International Humanitarian Law." Yearbook of International Humanitarian Law 2 (December 1999): 254–63. http://dx.doi.org/10.1017/s1389135900000441.

Full text

Abstract:

Since its establishment in 1995, the South African Truth and Reconciliation Commission has captured the attention of an international community preoccupied with the problem of dealing with crimes of the past in divided societies. While the creation of a permanent international criminal court to punish those guilty of atrocities constituting international crimes has been the first priority, the international community has, albeit grudgingly, accepted that there may be circumstances in which amnesty and reconciliation hold out more hope for troubled societies than punishment. This realisation ha

APA, Harvard, Vancouver, ISO, and other styles

24

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

25

Llewellyn, Jennifer J., and Robert Howse. "Institutions for Restorative Justice: The South African Truth and Reconciliation Commission." University of Toronto Law Journal 49, no. 3 (1999): 355. http://dx.doi.org/10.2307/826003.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Bhargava, Anurima. "Defining Political Crimes: A Case Study of the South African Truth and Reconciliation Commission." Columbia Law Review 102, no. 5 (2002): 1304. http://dx.doi.org/10.2307/1123673.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Allan, Alfred, and Marietjie M. Allan. "The South African truth and reconciliation commission as a therapeutic tool." Behavioral Sciences & the Law 18, no. 4 (2000): 459–77. http://dx.doi.org/10.1002/1099-0798(2000)18:4<459::aid-bsl366>3.0.co;2-t.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

GRANT, EVADNÉ. "HUMAN RIGHTS, CULTURAL DIVERSITY AND CUSTOMARY LAW IN SOUTH AFRICA." Journal of African Law 50, no. 1 (2006): 2–23. http://dx.doi.org/10.1017/s0021855306000039.

Full text

Abstract:

In the joined cases of Bhe v. Magistrate Khayelitsha and Others; Shibi v. Sithole and Others; South African Human Rights Commission and Another v. President of the Republic of South Africa and Another (2005(1) B.C.L.R. 1 (CC)), the South African Constitutional Court held unanimously that the male primogeniture rule according men rights to inheritance not enjoyed by women enshrined in the South African Customary Law of Succession violated the right to equality guaranteed under section 9 of the South African Constitution. On one level, the decision can be seen as a triumph for the universality o

APA, Harvard, Vancouver, ISO, and other styles

29

Osode, Patrick C. "The new South African insider Trading Act: Sound law reform or legislative overkill?" Journal of African Law 44, no. 2 (2000): 239–63. http://dx.doi.org/10.1017/s0021855300012237.

Full text

Abstract:

This article provides a detailed analysis of the Insider Trading Act, 1998, of South Africa. While it welcomes those provisions designed to proscribe insider trading by creating offences and introducing severe sanctions, it criticizes the Act for doing little to promote the goals of corporate compensation and market efficiency. The article adopts a comparative approach and draws widely on legislative attempts in other jurisdictions to control insider trading.

APA, Harvard, Vancouver, ISO, and other styles

30

Peters, Pauline E. "Gaining Ground? ‘Rights’ and ‘Property’ in South African Land Reform by Deborah James." Modern Law Review 72, no. 1 (2009): 132–36. http://dx.doi.org/10.1111/j.1468-2230.2009.00738_1.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Albors-LLorens, Albertina. "COLLECTIVE DOMINANCE: A MECHANISM FOR THE CONTROL OF OLIGOPOLISTIC MARKETS?" Cambridge Law Journal 59, no. 2 (2000): 235–72. http://dx.doi.org/10.1017/s0008197300270104.

Full text

Abstract:

INGencor v. Commission (Case T-102/96, judgment of 25 March 1999, not yet reported) the Court of First Instance of the European Communities favoured a bold construction of the jurisdiction of the Commission and of the concept of joint dominance in merger cases. The judgment is also likely to have implications beyond the context of mergers for the use of Article 82 EC to control oligopolies. The case concerned the proposed merger of the platinum and rhodium operations of Gencor, a South African company, and of Lonrho, a company incorporated under English law. In particular, Gencor and Lonrho so

APA, Harvard, Vancouver, ISO, and other styles

32

Jones, Oliver R., and Chido Dunn. "Legal Documents Relating to Land Reform in Zimbabwe." International Legal Materials 49, no. 5 (2010): 1380–403. http://dx.doi.org/10.5305/intelegamate.49.5.1380.

Full text

Abstract:

In Gramara (Private) Ltd. & Others v. Government of Zimbabwe & Others (‘‘Gramara’’)1 and Von Abo v. Government of South Africa (‘‘Von Abo’’),2 the legitimacy of Zimbabwe’s land reform program has once again come under the judicial microscope. In Gramara, Judge Patel of the Zimbabwean High Court refused to enforce a decision of the Southern African Development Community (‘‘SADC’’) Tribunal that declared the program inconsistent with a range of human rights protections. By contrast, in Von Abo, Judge Prinsloo of the South African High Court virulently condemned the South African governme

APA, Harvard, Vancouver, ISO, and other styles

33

Kaganas, Felicity, and Christina Murray. "Law Reform and the Family: The New South African Rape-in-Marriage Legislation." Journal of Law and Society 18, no. 3 (1991): 287. http://dx.doi.org/10.2307/1410196.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Cohen, Tracy. "RETHINKING (RELUCTANT) CAPTURE: SOUTH AFRICAN TELECOMMUNICATIONS AND THE IMPACT OF REGULATION." Journal of African Law 47, no. 1 (2003): 65–87. http://dx.doi.org/10.1017/s0221855303001986.

Full text

Abstract:

The South African telecommunications sector has recently been the subject of renewed interest as it commences its second phase of liberalization and opens up its fixed line market to competition. With democracy in place since 1994, the challenge of economic and social development created by the ravages of apartheid required detailed government policy in every sector. Telecommunications was no exception. Since the promulgation of the 1996 Telecommunications Act, developmental objectives, particularly universal service, the advancement of small and medium enterprises (SMMEs) and the economic emp

APA, Harvard, Vancouver, ISO, and other styles

35

SAMARARATNE, Dinesha. "From South Africa to Sri Lanka: Prospects of Travel for ‘Transformative Constitutionalism’." Asian Journal of Comparative Law 15, no. 1 (2020): 45–68. http://dx.doi.org/10.1017/asjcl.2020.4.

Full text

Abstract:

AbstractWhat lessons can we learn from the way in which the South African experience of transformative constitutionalism was invoked in Sri Lanka's recent constitutional reform experience? What conditions allow experiences of transformative constitutionalism to travel? In this article, I respond to these two questions, using Frankenberg's idea of a ‘layered approach’ in comparative constitutional law. My analysis affirms that in the comparative enterprise, a thick explanation that allows each experience to ‘speak for itself’ heightens the value of a comparative example. In the case of South Af

APA, Harvard, Vancouver, ISO, and other styles

36

Bekker, Thino. "Die Moontlike Regshervorming van die Integrasiereël in die Suid-Afrikaanse Kontraktereg deur middel van die Leerstuk van Rektifikasie." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 3 (2017): 1165. http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2290.

Full text

Abstract:

As far back as the early twentieth century the Appellate Division in Cassiem v Standard Bank of SA Ltd, held that:“We are bound by the English rules of evidence and the question has therefore to be decided according to English law, the rule being that parol evidence is not allowed to alter, vary, or contradict a written instrument.”The integration rule has always been an integral part of the South African law of contract where the admissibility of the presentation of extrinsic evidence of previous or collateral agreements was considered. In 1998 an extensive report was brought out by the South

APA, Harvard, Vancouver, ISO, and other styles

37

Bekink, Mildred. "The Testimonial Competence of Children: A Need for Law Reform in South Africa." Potchefstroom Electronic Law Journal 21 (April 11, 2018): 1–32. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3407.

Full text

Abstract:

Modern-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. In South Africa, as in many other countries, a child is, however, permitted to testify in a criminal court only once the presiding officer is satisfied that the child is competent to be a witness. The competency test, though, presents a critical initial challenge for ch

APA, Harvard, Vancouver, ISO, and other styles

38

Green, M. Christian. "Religious and Legal Pluralism in Recent African Constitutional Reform." Journal of Law and Religion 28, no. 2 (2013): 401–39. http://dx.doi.org/10.1017/s0748081400000096.

Full text

Abstract:

Something unexpected has been happening in Africa—and not just Northern Africa, the locus of democratic revolutions since January 2011, when a winter's discontent produced an early Arab Spring. Over the last several years, several sub-Saharan African nations have held democratic elections, produced new constitutions, and even partitioned themselves in relative peace, despite the often dire predictions of foreign governments, media, and election-monitoring organizations.In many cases, the constitution and reconstitution of these states has been accomplished by means of the referendum vote—somet

APA, Harvard, Vancouver, ISO, and other styles

39

Rombouts, Heidy, and Stephan Parmentier. "The Role of the Legal Profession in the South African Truth and Reconciliation Commission." Netherlands Quarterly of Human Rights 20, no. 3 (2002): 273–98. http://dx.doi.org/10.1177/016934410202000302.

Full text

Abstract:

In situations of a transition to democracy, the legal profession tends to have a strong impact. While this is quite clear in the case when criminal prosecutions are initiated against perpetrators of gross human rights violations, and when amnesty provisions are enacted for some violations, it is far less obvious in cases when a truth commission is set up. The current article looks into the role that the legal profession, i.e. the judiciary, the bar and the non-governmental organisations, has played in the notorious case of the South African Truth and Reconciliation Commission (TRC). It draws o

APA, Harvard, Vancouver, ISO, and other styles

40

Dugard, John. "Southern Africa Litigation Centre v. Minister of Justice and Constitutional Development (N. Gauteng High Ct., Pretoria)." International Legal Materials 54, no. 5 (2015): 927–44. http://dx.doi.org/10.5305/intelegamate.54.5.0927.

Full text

Abstract:

In June 2015, President Omar Hassan Ahmad Al Bashir of Sudan attended a meeting of the African Union (AU) in Johannesburg, South Africa, despite the fact that a warrant had been issued for his arrest by the International Criminal Court (ICC) for the commission of war crimes, crimes against humanity, and genocide in the Darfur region. Although South Africa, a party to the ICC, was obliged to arrest Al Bashir and surrender him to the ICC under the terms of the Rome Statute of the ICC, the South African government made no attempt to apprehend him. On the application of a South African public inte

APA, Harvard, Vancouver, ISO, and other styles

41

van Zyl-Hermann, Danelle. "White Workers in the Late Apartheid Period: A Report on the Wiehahn Commission and Mineworkers’ Union Archival Collections." History in Africa 43 (December 21, 2015): 229–58. http://dx.doi.org/10.1017/hia.2015.29.

Full text

Abstract:

Abstract:This paper offers a critique of the existing historiography on the late apartheid period, arguing that white workers’ role in and experience of the unraveling of racial privilege in the labor arena has been obscured by a focus on the high politics of reform and on anti-apartheid resistance emanating from African labor and the broader black population. Reporting from the archive, it discusses two under-utilized archival collections – that of the Commission of Inquiry into Labour Legislation and of the Mineworkers’ Union – as sources for starting to write white working-class organizatio

APA, Harvard, Vancouver, ISO, and other styles

42

Burgin, Rachael, and Jonathan Crowe. "The New South Wales Law Reform Commission Draft Proposals on consent in sexual offences: a missed opportunity?" Current Issues in Criminal Justice 32, no. 3 (2020): 346–58. http://dx.doi.org/10.1080/10345329.2020.1801151.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

INMAN, Derek. "From the Global to the Local: The Development of Indigenous Peoples’ Land Rights Internationally and in Southeast Asia." Asian Journal of International Law 6, no. 1 (2015): 46–88. http://dx.doi.org/10.1017/s2044251314000356.

Full text

Abstract:

Despite a noticeable shift in recent years, indigenous peoples in Asia continue to experience many forms of human rights violations, with the most serious perhaps being the loss of traditional lands and territories. The purpose of this paper is to examine indigenous peoples’ land rights and its application in Southeast Asia. To that end, the paper will provide an overview of the development of indigenous peoples’ land rights internationally; offer regional perspectives from the Inter-American Court of Human Rights and the African Commission for Human and Peoples’ Rights; analyze the concept of

APA, Harvard, Vancouver, ISO, and other styles

44

Cross, Catherine. "An Alternate Legality: The Property Rights Question in Relation to South African Land Reform." South African Journal on Human Rights 8, no. 3 (1992): 305–31. http://dx.doi.org/10.1080/02587203.1992.11827868.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

Daniels, Berenice. "Developing inclusive policy and practice in diverse contexts: A South African experience." School Psychology International 31, no. 6 (2010): 631–43. http://dx.doi.org/10.1177/0143034310386536.

Full text

Abstract:

Pre-1994, South Africa was a country riddled with inequality and discrimination stemming from the policy of ‘apartheid’. Since 1994, there have been considerable efforts made to enable the country to move toward becoming non-racial and democratic, with a culture of human rights and social justice. One of the primary tasks of the new democratically elected government was a reform of the education system. Specialized Education was initially neglected, but then in 1996 a National Commission was appointed to investigate Special Needs in Education and Education Support Services, of which the author

APA, Harvard, Vancouver, ISO, and other styles

46

De Wet, S., and J. Visser. "DNA Profiling and the Law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (2017): 170. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2587.

Full text

Abstract:

DNA evidence is currently at the forefront of the arsenal of evidence employed in criminal trials. To ensure its optimum use in criminal proceedings, it is imperative that the legal fraternity is properly conversant with the scientific basis and presentation of such evidence, as well as with its potential pitfalls. In an effort to provide the legal profession with a background to this complex and useful type of evidence, this article looks at the biochemical nature of DNA, at DNA profiling and its use in criminal trials, and at the processes of DNA collection and analysis in the Biology Unit o

APA, Harvard, Vancouver, ISO, and other styles

47

Villa-Vicencio, Charles. "Truth Commissions and Transitional Justice: A Select Bibliography on the South African Truth and Reconciliation Commission Debate." Journal of Law and Religion 16, no. 1 (2001): 69–71. http://dx.doi.org/10.1017/s0748081400004318.

Full text

APA, Harvard, Vancouver, ISO, and other styles

48

Savage, Tyrone, Barbara Schmid, and Keith A. Vermeulen. "Truth Commissions and Transitional Justice: A Select Bibliography on the South African Truth and Reconciliation Commission Debate." Journal of Law and Religion 16, no. 1 (2001): 73–186. http://dx.doi.org/10.1017/s074808140000432x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

49

Oxenham, John, Michael-James Currie, and Andreas Stargard. "Changing South Africa's Competition Law Regime: A Populist Departure from International Best Practices†." Journal of European Competition Law & Practice 10, no. 4 (2019): 232–40. http://dx.doi.org/10.1093/jeclap/lpy075.

Full text

Abstract:

Key Points: The Amendment Bill alters key provisions of the South African Competition Act focusing specifically on the redistribution of wealth and transformation of ownership in lieu of pursuing traditional antitrust goals. The Bill provides for greater ministerial intervention at the initial stage of a merger (based on national security), during the merger investigation (based on public-interest grounds) and broadens the right of appeals to parties outside the merger control review. The Bill lowers the standard that the South African Competition Commission must meet to prosecute cases and fo

APA, Harvard, Vancouver, ISO, and other styles

50

Amoah, Jewel, and Tom Bennett. "The Freedoms of Religion and Culture under the South African Constitution: Do Traditional African Religions Enjoy Equal Treatment?" Journal of Law and Religion 24, no. 1 (2008): 1–20. http://dx.doi.org/10.1017/s0748081400001910.

Full text

Abstract:

On Sunday, January 20, 2007, Tony Yengeni, former Chief Whip of South Africa's governing party, the African National Congress (ANC), celebrated his early release from a four-year prison sentence by slaughtering a bull at his father's house in the Cape Town township of Gugulethu. This time-honored African ritual was performed in order to appease the Yengeni family ancestors. Animal rights activists, however, decried the sacrifice as an act of unnecessary cruelty to the bull, and a public outcry ensued. Leading figures in government circles, including the Minister of Arts and Culture, Pallo Jord

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!