Vol. 21 (2018)

Published: 15-01-2018

Articles

Pathological Corporate Governance Deficiencies in South Africa's State-Owned Companies: A Critical Reflection

Tebello Thabane, Elizabeth Snyman-Van Deventer

1-32
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Reviewing the suitability of affirmative action and the inherent requirements of the job as grounds of justification to equal pay claims in terms of the Employment Equity Act 55 of 1998

Shamier Ebrahim

1-38
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The National Credit Act's remedies for reckless credit in the mortgage context

Reghard Brits

1-34
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The Registration of Special Notarial Bonds under the Security by Means of Movable Property Act and the Publicity Principle: Lessons from Developments in Belgium

Lefa Sebolaisi Ntsoane

1-24
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In Search of the Perceived Quality and Impact of Accredited South African Law Journals: Exploring the Possibility of a Ranking System. A Baseline Study: 2009 - 2014

Marita Carnelley

1-50
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Le Roux v Dey and Children's Rights Approaches to Judging

Meda Couzens

1-27
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Human Rights and the New Sustainable Mechanism of the Paris Agreement: A New Opportunity to Promote Climate Justice

Paola Villavicencio Calzadilla

1-39
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Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 1)

Willem Hendrik Gravett

1-30
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Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 2)

Willem Hendrik Gravett

1-32
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Facing the Challenge of Improving the Legal Writing Skills of Educationally Disadvantaged Law Students in a South African Law School

Angela Diane Crocker

1-27
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An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part One

Lee Swales

1-30
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An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part Two

Lee Swales

1-34
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Justificatory Theories for Intellectual Property Viewed Through the Constitutional Prism

Mikhalien Du Bois

1-38
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The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law

Tshidi Phooko

1-34
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The Testimonial Competence of Children: A Need for Law Reform in South Africa

Mildred Bekink

1-32
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The Testamentary Trust: Is it a Trust or a Will? Hanekom v Voigt 2016 1 SA 416 (WCC)

Eben Nel

1-22
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South Africans offering Foreign Military Assistance Abroad: How real is the Risk of Domestic Prosecution?

Shannon Joy Bosch

1-28
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The Legal Nature of the Embryo: Legal Subject or Legal Object?

Robbie Robinson

1-31
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Intermediaries and the International Obligation to Protect Child Witnesses in South Africa

Rongedzayi Fambasayi, René Koraan

1-30
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Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 1

Corlia Maritha van Heerden, Reinhard n/a Stteennot

1-30
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Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 2

Corlia Maritha van Heerden, Reinhard Steennot

1-38
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Inheritance Rights for Posthumously Procreated Children: A Growing Challenge for the Law

Frederick Noel Zaal, Justin d'Almaine

1-30
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Formal Regulation of Third Party Litigation Funding Agreements? A South African Perspective

Mpho Justice Khoza

1-22
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The Reasonable Accommodation of Employees with Cancer and their Right to Privacy in the Workplace

Charles Maimela

1-31
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African Organic Product Standards for the African Continent? Prospects and Limitations

Odile Juliette Lim Tung

1-38
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Preserving the Integrity of Medical-Related Information – How "Informed" is Consent?

Mzukisi Niven Njotini

1-20
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The Protection of Children's Right to Self-Determination in South African Law with Specific Reference to Medical Treatment and Operations

Hanneretha Kruger

1-34
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An Appraisal of the Functioning and Effectiveness of the East African Court of Justice

Ally Possi

1-42
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A Duty of Support for All South African Unmarried Intimate Partners Part I The Limits of the Cohabitation and Marriage Based Models

Elsje Bonthuys

1-32
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A Duty of Support for All South African Unmarried Intimate Partners Part 2 Developing Customary and Common Law and Circumventing the Volks Judgment

Elsje Bonthuys

1-36
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The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective

Stefan Van Eck, Tungamirai Kujinga

1-34
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Monkey Selfie and Authorship in Copyright Law: The Nigerian and South African Perspectives

Caroline B Ncube, Desmond O Oriakhogba

1-35
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The New Developments in International Investment Law: A need for Multilateral Investment Treaty?

Malebakeng A Forere

1-43
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Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights

Jan-Harm De Villiers

1-29
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"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1) Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment - Part 1

Andre Louw

1-25
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"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2) Revisiting the Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment - Part 2

Andre Louw

1-20
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"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 3) Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment - Part 3

Andre Louw

1-53
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Delivery of the Compulsory Section 129(1) Notice as required by the National Credit Act of 2005

Sarah Govender, Michelle Kelly-Louw

1-39
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Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People The German Federal Constitutional Court and the rights of intersexed people

Henk Botha

1-26
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The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?

Phindile Raymond Msaule

1-24
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Does Albinism Fit Within the Legal Definition of Disability in the Employment Context? A Comparative Analysis of the Judicial Interpretation of Disability under the SA and the US Non-Discrimination Laws

Mphoeng Maureen Mswela

1-37
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Notes

"Violence" In Sport and the Violenti non Fit Iniuria Defence: A Perspective on the Death of the Cricket Player Phil Hughes

Pieter Labuschagne

1-20
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Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration

Charnelle van der Bijl

1-21
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Attacks on the Judiciary: Undercurrents of a Political versus Legal Constitutionalism Dilemma?

Herbert Kawadza

1-23
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Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?

Jackie Dugard

1-21
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The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law

Clive Vinti

1-25
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Case Notes

Integration of the Bride as a Requirement for a Valid Customary Marriage: Mkabe v Minister of Home Affairs 2016 ZAGPPHC 460

Pieter Bakker

1-15
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Disposing of Bodies, Semantically: Notes on the Meaning of "Disposal" in S v Molefe

Terrence R Carney

1-20
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Some Drastic Measures to Close a Loophole: The Case of Pienaar Brothers (PTY) LTD v Commissioner for the South African Revenue Service (87760/2014) [2017] ZAGPPHC 231 (29 May 2017) and the Targeted Retroactive Amendment of Section 44 of the Income Tax

Liezel Gaynor Tredoux, Stephanus Phillipus Van Zyl

1-36
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The Constitutionalisation of the Test for Statutory Illegality in South African Contract Law: Cool Ideas v Hubbard 2014 4 SA 474 (CC)

Odwa Golela

1-38
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Maintaining the Ecological Flows of Estuaries: A Critical Reflection on the Application and Interpretation of the Relevant Legal Framework through the Lens of the Klein River Estuary

Alexander Ross Paterson

1-39
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Sounding the Alarm: Government of the Republic of Namibia v LM and Women's Rights during Childbirth in South Africa

Camilla Marion Sperling Pickles

1-34
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Orationes

Values and the Rule of Law: Foundations of the European Union – An Inside Perspective from the ECJ

Thomas von Danwitz

1-17
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Leadership, Social Justice and Transformation – Inspire a Leader

Leona Valerie Theron

1-10
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Book Reviews

Laws against Strikes – The South African Experience in an International and Comparative Perspective (with Corrigendum)

Michael Laubscher

1-4
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Aboriginal Customary Law: A Source of Common Law Title to Land

Elmien Du Plessis

1-4
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Untitled: Securing Land Tenure in Urban and Rural South Africa

Elmien Du Plessis

1-4
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Corruption and Human Rights Law in Africa

Willard Tawonezvi Mugadza

1-10
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The BRICS-Lawyers' Guide to Global Cooperation

Franziska Sucker

1-8
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Publish or Perish. Perceived Benefits versus Unintended Consequences

Marita Carnelley

1-8
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Comparative Constitutional Studies – Between Magic and Deceit

Francois Venter

1-7
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