• Gathering on privately owned property: An analysis of the Regulation of Gatherings Act 205 of 1993 

      Moses, Liam Nicolas (Stellenbosch : Stellenbosch University, 2018-03)
      ENGLISH ABSTRACT : One of the primary reasons for the promulgation of the Regulation of Gatherings Act 205 of 1993 (“Gatherings Act”) was to repeal certain statutes that heavily restricted the ability of people to protest ...
    • Die gelding van die volkereg in die Suid-Afrikaanse reg 

      Bezuidenhout, A. E. M. (Anna Elizabeth Martha) (Stellenbosch : Stellenbosch University, 1990-12)
      ENGLISH ABSTRACT: According to Rumpf£ CJ in the Nduli decision, Roman-Dutch law is the fons et origo of the statement that customary international law is part of South African law. His sources, Fran~ois and Huber, are ...
    • Germany and South Africa : a comparative study of their concepts of contract law and mistake 

      Otto, Michael (Stellenbosch : Stellenbosch University, 2004-04)
      ENGLISH ABSTRACT: The problem of mistake and its impact on the formation of contract is a central issue in the law of contract of all legal systems. The thesis investigates this area by considering the manner in which ...
    • Geslag en Regstellende Aksie in die Werkplek 

      Loots, Barbara Evelyn (Stellenbosch : University of Stellenbosch, 2005-03)
      The concept of affirmative action, in contrast to discrimination, does not have a universal uniform meaning. On the one hand affirmative action can be seen as an attempt to promote equal opportunities for individuals or ...
    • Giving notice to members of opt-out class actions 

      Broodryk, Theo (Juta Law, 2017-08)
      This article is concerned with class actions within the context of South African civil procedural law. There is currently no South African statute or court rule that provides a procedural framework for the institution and ...
    • Giving practical effect to good faith in the law of contract 

      Du Plessis, Jacques (Juta Law, 2018)
      South African courts generally support the notion that good faith is an underlying value of the law of contract, as opposed to a rule or standard that could be relied on directly to promote fairness. However, some commentators ...
    • Grondhervorming : is onteiening sonder vergoeding die magiese "silwer koeël" of is dit 'n (berekende) skoot in die donker? 

      Pienaar, Juanita M. (LitNet, 2019)
      Die oorgang na ’n grondwetlike demokrasie in 1994 het ’n indringende en omvattende grondhervormingsprogram vooropgestel weens jare lange koloniale en apartheidsbenaderings tot grond. ’n Uniek Suid-Afrikaanse program sluit ...
    • Die grondslag van kontraktuele gebondenheid 

      Olivier, Pierre J. J. (Stellenbosch : Stellenbosch University, 2004-04)
      ENGLISH ABSTRACT: An overview of the historical development of contract law and its underlying theory, spanning from Roman times to the present day, and in Western European and Anglo American systems, shows that the ...
    • Grounds for review of administrative action : the interaction between the constitution, the act and the common law 

      Hopkins, Elana (Stellenbosch : Stellenbosch University, 2000-12)
      ENGLISH ABSTRACT: South African administrative law has undergone drastic changes since the inception of the interim Constitution, which elevated 'administrative justice' to a constitutionally entrenched fundamental right ...
    • Harmonising the law of sale in the Southern African Development Community (SADC) : an analysis of selected models 

      Shumba, Tapiwa (Stellenbosch : Stellenbosch University, 2014-04)
      ENGLISH ABSTRACT: It is generally recognised that diversity of laws may act as a barrier to the development of trade, both at international and regional level. In a globalised era, trade is necessary for economic development ...
    • The history, development and future of public nuisance in light of the Constitution 

      Samuels, Alton Ulrich (Stellenbosch : University of Stellenbosch, 2010-12)
      ENGLISH ABSTRACT:The objective of this thesis is to establish whether the notion of public nuisance has a legitimate purpose in post-apartheid South African. Public nuisance originated in English law in the 12th century ...
    • Hockly's insolvency law : book review 

      Stevens, Richard (Juta and Company, 2003-01)
      Insolvency has long been treated as the stepchild of commercial legislation. The current Insolvency Act stems from 1936. There are only a few (current) text books on the topic. The book under review is the seventh ...
    • How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works 

      Rogowski, Adrian (Stellenbosch : Stellenbosch University, 2015-03)
      ENGLISH ABSTRACT: Music has, and continues to play, an important role in society. It is therefore natural that more music composers enter the scene to capitalize upon this role that music has in society. It is however ...
    • Human dignity : lodestar for equality in South Africa 

      Botha, Henk (Juta and Company (Pty) Ltd, 2014-01)
      Laurie Ackermann was one of the first constitutional lawyers to develop a distinct substantive understanding of the Constitution of the Republic of South Africa, 1996. This vision, already evident from some of the ...
    • Human dignity in comparative perspective 

      Botha, Henk (Juta Law Publishing, 2009-02)
      This article compares the role of human dignity in constitutional interpretation in Germany and South Africa. Both countries have embraced dignity as a direct response to a troubled and totalitarian past. Nowadays dignity ...
    • The Human Right to Development in Nigeria 

      Magashi, Salim Bashir (Stellenbosch : Stellenbosch University, 2016-03)
      ENGLISH ABSTRACT : Africa is desperately in need of development. Several efforts have been employed to deal with underdevelopment issues with little or no successes. At all levels, efforts are being put in place to deal ...
    • Human rights and the rule of law in Rwanda : reconstruction of a failed state 

      Sahinkuye, Mathias (Stellenbosch : Stellenbosch University, 2000-12)
      ENGLISH ABSTRACT: Human rights denials have more characterised Rwandan history than their promotion and protection. When the Rwandan State emerged from Tutsi domination and colonialism, many Rwandans hoped that the era ...
    • A hundred years of demolition orders : a constitutional analysis 

      Strydom, Janke (Stellenbosch : Stellenbosch University, 2012-03-07)
      ENGLISH ABSTRACT: Ownership, and especially the ownership of land, consists of rights as well as duties. The social responsibilities of the owner depend on the prevailing needs of the public (as expressed in legislation) ...
    • Illegal contracts and the burden of proof 

      Du Plessis, Jacques (Juta Law, 2015-01)
      South African law, in line with a number of prominent jurisdictions, recognises the general rule that when the legality of a contractual term is in dispute, the party who alleges illegality bears the burden of proof. ...
    • The immeasurable wrongfulness of being : the denial of the claim for wrongful life 

      Human, Sonia; Mills, Lize (Juta Law Publishing, 2010-02)
      In Friedman v Glicksman 1996 1 SA 1134 (W) the claim for wrongful life was denied. Eleven years later the Cape High Court again denied the existence of the claim in Stewart v Botha 2007 6 SA 247 (C); 2007 9 BCLR 1012; 2007 ...