The statutory legal systems in South Africa and Zambia are generally considered superior to customary laws and practices. Despite the co-existence of legal systems in both countries, it cannot be assumed that they receive ...

In the recent decision in Kellerman v South African Transport Services 1993 4 SA 872 (C) a claim for the loss of the use of a thing not utilised in the production of income was apparently allowed for the first time in ...

In hierdie proefskrif word daar gekonsentreer op die bewyslas in die nywerheidshof omdat die nywerheidshof se benadering met betrekking tot die bewyslas verskil van geval tot gevaL afhangende van die aard van die regshulp ...

This dissertation reflects critically on the calls for the decolonisation of South Africa’s higher education sector by studying the historical development of legal pedagogy in South African law faculties. It focuses in ...

This study explores the historical treatment of pension benefits preceding the introduction of the clean break principle. It delves into the developments leading to the codification of this clean break principle concerning ...

The recognition in law of pension benefits and expectancies, as a matrimonial asset which may be subject to certain claims (and counterclaims), occured in South Africa in 1989. The starting point of this development was ...

This mini-dissertation examines the phenomenon of parental alienation (hereinafter referred to as PA) within a family law context and conducts a comparative legal analysis of the existing legal mechanisms available in South ...

“Contributory intent” refers to the situation where, besides the defendant being at fault and causing harm to the plaintiff, the plaintiff also intentionally causes harm to him- or herself. “Contributory intent” can have ...

Although a child's right to parental care and family life is constitutionally entrenched, many South African children are deprived of this right. Transcultural adoption could serve their need but historically this has ...

Until recently damages were only awarded in South African law for the loss of an object which was utilised for the generation of income. In Kellerman v South African Transport Services' damages were awarded for the first ...