The capital maintenance doctrine presupposes that a company’s capital must not be returned to its shareholders. The doctrine was anchored on three rules, one of which was that a company cannot acquire its own shares as ...

“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 ...

South Africa, emerging from the yoke of colonialism and imperialism embarked on an ambitious land reform programme during the 1990’s. It was anticipated that land reform would take place effectively and sustainably. However, ...

The aim of this article is to explore the legislative origin of adoption in South Africa. It is common knowledge that South African law is based on Roman- Dutch principles and that English law has also influenced our ...

For many sets of reasons, including the unequal power relationship between them and most underdeveloped states, and probably more in Africa than anywhere else in the world, non-state actors (NSAs) like states are involved ...

With the abolition of apartheid and the introduction of a new constitutional dispensation, the state’s totalitarian exclusion of homosexuals from legal recognition was relegated to a past era. The constitutional commitment ...

The best interests of the child are paramount in every matter concerning the child. This applies in the case of adoption of a child as well. When an adoption is intercultural, culture is an issue to be taken into account. ...

For many years divorce has been viewed exclusively as a legal problem that had to be addressed by the courts in our adversarial system of litigation. Divorce, however, also entails social problems which are not addressed ...