The introduction of the first democratic Constitution and the land reform programme in South
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Africa provided the impetus for the development of a new perception of property. In terms of the
traditional private law ...
An important change wrought by the post-1994 South African Constitutions is the attempt to
have South Africa recognised as a democratic and sovereign state in the "family of nations."
The new Constitutions make extensive ...
Die siviele lasterreg word gekenmerk deur verdeeldheid aangaande bewyspligtigheid. 'n
Unieke situasie doen horn voor: weerlegbare regsvermoedens van onregmatigheid en animus
iniuriandi word opgevolg deur verskeie ...
This study evaluates the court's approach towards the interpretation of administrative justice
with specific reference to Roman v Williams 1997(2) SACR 754(C). Section 33 of the
Constitution Act 108 of 1996 guarantees ...
Wanneer die konstitusionele invloed op borgstelling in die bree bespreek word, moet die
bepalings van die Grondwet 200 van 1993 met inbegrip van die Handves van Menseregte en die
onderliggende waardes, beginsels ...
Die definisie van 'n huwelik tref 'n onderskeid tussen heteroseksuele en homoseksuele lewensmetgeselle ten opsigte van die bevoegdheid om te trou. Hierdie onderskeid op grond van seksuele georiënteerdheid mag moontlik ...
`Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and ...
In the interplay between protection of rights and majoritarianism, the court is the arena. This research focuses on the conflicting role of the court within a constitutional democracy and a contestation of the counter-majoritarian ...
The broad focus of the thesis is an analysis of the meaning and the modern development of the doctrine of the separation of power (trias politica) and the application thereof in the constitutional development in South ...
In this thesis, the place and role of incorporeal things in the new South African law of things are
examined. In the Roman law and Germanic customary law not only physical but also
incorporeal objects, including rights, ...
Women and children are often the most affected by pandemics which have swept through the world, and in this regard the HIV/AIDS pandemics is not an exception. The most common route of HIV infection in HIV positive children ...
It is common knowledge that owing to their particular vulnerability children worldwide falls prey to physical and/or sexual violence in the home and/or community or witness criminal acts. Consequently children are called ...
Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply ...
Since 25 January 1994, when the interim Constitution came into operation,
South Africa's criminal justice system became subject to constitutional
provisions, especially the Bill of Rights. All forms of punishment and ...
The substitution of the dominant Western jurisprudence for South Africa’s indigenous
normative values during colonial and apartheid times has resulted in a perverted
conception of law that presents Western jurisprudence ...
The Constitution of the Republic of South Africa 200 of 1993 that took effect
from 27 April 1994, gave an accused a constitutional right to legal
representation.
Although the right of an accused to be legally represented ...
This study examines the implementation and enforcement of the right to environment in the Constitution of the Democratic Republic of Congo, and compares it with the situation in South Africa. To date, there is no legislation ...
The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment ...
There are thousands of desperate people globally who need a kidney for
transplantation. The number of people who require a kidney transplant continues to
escalate faster than the number of kidneys available for a transplant. ...