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Recently Added
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The contours of a pedagogy of law in South Africa
(2015)Reform of legal education is currently a topic of debate in South Africa again. Reform in higher education can, however, be dangerous and counter-productive if it is driven purely by policy agendas and in the absence of ...
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The first-sale doctrine : parallel importation and beyond
(2015)In 2013, the United States (“US”) Supreme Court gave its judgment in Kirtsaeng v John Wiley & Sons Inc, which appeared to fundamentally change the US’ position in relation to copyright law and parallel importation. The ...
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Rethinking the Right to Vote
(2015)South African constitutional scholars have been puzzling for some time over a basic tension in the Constitutional Court’s voting rights jurisprudence. While some of its judgments show a commitment to a vigorous defence and ...
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The rationale for the imposition of non-financial obligations on apartment owners in a sectional title scheme
(2015)The principal aims of sectional title schemes are to preserve the physical integrity and the pleasant appearance of the sectional title building and to strive for harmony in an intensified community where the individual ...
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Beyond UNCITRAL : the challenges of procurement reform implementation in Africa
(2014)Most of the countries in sub-Saharan Africa have undergone some form of public procurement reform in the last two decades. This reform usually takes the form of the passage of new procurement regulation, which is usually ...
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The various policy options for the settlement of disputes in residential community schemes
(2014)This contribution in honour of David Butler surveys the various policy options for the resolution of disputes in community schemes. The options are internal mechanisms, co-regulation, government regulation, a simplified ...
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Reflections on the concurrence of the remedies in terms of the reformed Pound legislation and the actio de pastu
(2014)A landowner who finds animals trespassing on his land has the following alternatives: he can chase the animals off the land; impound the animals; or institute the actio de pastu for monetary compensation for damage caused ...
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Deregistrasie sonder likwidasie van maatskappye en beslote korporasies ingevolge die 2008 Maatskappywet
(2014)It is practically desirable that inactive companies are removed from the companies register. This should also be the main reason for the deregistration of companies that have not gone through winding-up. However, procedures ...
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Addressing the issue in Harvey v Umhlatuze Municipality in legislation
(2014)In Harvey v Umhlatuze Municipality 2011 1 SA 601 (KZP) ("Harvey") the High Court had to decide whether it was competent to order the re-transfer of expropriated property to the previous owner when the purpose for which the ...
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Alternative measures to reduce trial cases, private autonomy and "public interest" : some observations with specific reference to plea bargaining and economic crimes
(2014)This note considers alternative measures to reduce trial cases as a strategy to enhance the effectiveness of the criminal justice system. The emphasis falls on economic crime. It is noted that alternative measures, ...
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The new gTLDs and the resolution of trade mark disputes
(2014)Following ICANN's decision to permit new top-level domains pursuant to its New gTLD Program, and the likely explosion in the number of top-level domains ("TLDs"), it was anticipated that there would be competing claims to ...
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A comparative perspective on the "joint-action rule" in the context of business trusts
(2014)The "joint-action rule" in South African trust law entails that all trustees must act jointly in order to bind the trust. Non-compliance with the rule will most often lead to the invalidity of a contract between the trustees ...
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Does method really matter? Reconsidering the role of common-law remedies in the eviction paradigm
(2014)The new constitutional dispensation brought with it (inevitably) large scale deviations in the way remedies in the context of evictions are applied in modern South African law. This article examines how the sources of law ...
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Re-defining national sovereignty : the key to avoid constitutional reform? Reflections on the 2011 Green Paper on Land Reform
(2012)The results of post-apartheid land reform in South Africa have for a substantial period of time prompted scholars to ask key questions about the ability of law to achieve social change. Change in this case translating into ...
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A critical analysis of the innovations introduced by the Sectional Titles Amendment Bill of 2010
(2011)The Sectional Titles Amendment Bill of June 2010 proposes to address gender equality, remove obsolete provisions, make technical adjustments, extend consumer protection and eliminate a substantial number of problems ...
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Transformative constitutionalism in a democratic developmental state
(2011)In order for socio-economic transformation to have a real impact on the lives of the poor and marginalised, meaningful participation in the development of law and policy as well as administrative decision-making, is required. ...
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Conceptualising "meaningful engagement" as a deliberative democratic partnership
(2011)Nearly four years ago the Constitutional Court created the concept of "meaningful engagement" in Occupiers of Olivia Road, Berea Township, and 197 Main Street, Johannesburg v City of Johannesburg 2008 3 SA 208 (CC). The ...
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Privatisation of the commons : water as a right; water as a commodity
(2011)This contribution seeks to propose an accountability framework for States and non-State actors involved in the provision and management of water services. The article contends that States have a legal obligation under ...
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Rental housing as adequate housing
(2011)Recently the government has emphasised the importance of rental housing as a form of housing accessible to the urban poor. The current landlord-tenant regime promotes equal bargaining power and contract-based tenure ...
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Redesigning the South African Unemployment Insurance Fund : selected key policy and legal perspectives
(2011)This contribution examines selected issues from a policy and legal perspective. Against the background of the broader social security reform agenda in South Africa and the vision of a comprehensive social security system, ...
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Constitutional perspectives on unemployment security and a right to work in South Africa
(2011)The endemic problem of unemployment poses a serious challenge to the realisation of South Africa's constitutional goals and values. One of the most glaring gaps in the assistance provided to the unemployed in South Africa ...
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Activation in the context of the unemployment insurance system in South Africa
(2011)The main aim of labour market activation policies is to bring jobless people from unemployment or inactivity into work or, at the very least, to influence the employment prospects of the unemployed positively. Activation ...
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Restraint of trade agreements in employment contracts : time for Pacta Sunt Servanda to bow out?
(2011)Clauses in restraint of trade in employment contracts still lag behind in respect of protection afforded to employees. There is no legislation regulating these agreements and the unequal bargaining position of employees ...
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Certainty about surrogacy
(2010)Prior to the coming into operation of Chapter 19 of the Children's Act 38 of 2005 ("the Children's Act") on 1 April 2010, no legislation existed which expressly addressed or regulated the issue of surrogacy in South Africa. ...
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The statutory security right in section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 - does it survive transfer of the land
(2014)The Supreme Court of Appeal's decision in City of Tshwane Metropolitan Municipality v Mathabathe 2013 4 SA 319 (SCA) may have some implications for the interpretation of section 118(3) of the Local Government: Municipal ...
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The importance of the commons in the context of intellectual property
(2013)The intellectual commons or public domain is an important part of intellectual property law scholarship. In this regard it is necessary to examine the origins of the commons, what exactly the intellectual commons is and ...
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Thinking two worlds into one : the "distribution of the sensible" and women's renegotiation
(2013)In this note, the author reflects on the subjectivity of women through the lens of Jacques Rancière's formulation of the "distribution of the sensible". The author discusses the French revolutionary woman, Olympe de Gouges, ...
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Should teachers have the right to strike? The expedience of declaring the education sector an essential service
(2013)Concern about the impact of teachers' strikes on the right of children to basic education has led to calls that education should be designated an essential service. The authors argue that this is not feasible as it is not ...
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A comparative perspective on the application of domestic labour legislation in international employment disputes
(2013)An analysis of different methods of dealing with the application of domestic legislation in international employment disputes in the chosen jurisdictions indicates that two broad approaches are followed, namely a private ...
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Purging mortgage default : comments on the right to reinstate credit agreements in terms of the National Credit Act
(2013)Section 129(3) and (4) of the National Credit Act provides debtors who are in default with their credit agreements with the right to reinstate such agreements by paying the actual amounts that are overdue as well as permitted ...
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