The Children’s Act 38 of 2005 lacks a detailed guideline that governs the local relocation of a co-parent and child, post-divorce or separation, within the borders of South Africa. Local relocation could either be relocation ...
The Maintenance Act 99 of 1998 currently only provides for the recovery of arrear maintenance and the enforcement thereof but does not provide for an applicant to claim for future maintenance. The courts have tried to fill ...
Recognition and enforcement of foreign child support orders are characterised by persistent difficulties because, in most cases, child support orders are required to be re-evaluated over time because of changed circumstances. ...
This dissertation analyses thirteen South African judgments to establish how courts determine children’s views and wishes in legal proceedings. The judgments selected relate to child participation in divorce and care, ...
Surrogacy is an assisted reproductive technology method that enables a woman to
carry the pregnancy of commissioning parent(s) to term and hand over the child after
birth. This thesis examines the practice regulation of ...
The principle of pharmacogenetics and pharmacogenomics (PGx) in health research is not new. However, pursuance thereof has regained momentum in the 21st century. Despite the apparent demand to respond to adverse drug ...
The advancement in medical technology over the past few decades has brought hope to infertile people and same-sex couples to have their own families in circumstances where it would not have been possible for them otherwise, ...
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 ...
Since 1979 when Sweden became the first country to ban corporal punishment, there has been a steady increase in the number of countries prohibiting physical force as a disciplinary measure against children. To date, ...
We find ourselves in an era of intelligent machines as technology pushes the boundaries towards the fourth industrial revolution. AI is already here in disruptive narrow forms, cutting across the globe and leaving almost ...
This doctoral thesis deals with the right to fair, just and reasonable terms and conditions, set
out in sections 48 to 52 of the Consumer Protection Act, and the theoretical and practical
problems involved. These provisions ...
The Maintenance of Surviving Spouses Act 27 of 1990 came into operation thirty years ago and has remained relatively unchanged since its promulgation. The stated objective of the Act is to provide the surviving spouse with ...
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 ...
The available sources on the dependency action in South Africa do not mention the presence or absence of traditional values. This study was prompted by a simple curiosity to discover the traditional legal values of the ...
The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on ...
Cancer is regarded as a global disease and one of the leading killer diseases in the
world. The reason why cancer is so widespread and often misunderstood stems from
multiple factors, namely, the lack of knowledge about ...
Reasonableness as a concept used in determining delictual liability or liability in tort
law, is either embraced or perceived by some as frustrating. It is a normative concept
which is inextricably linked with the concepts ...
Environmental justice, a new but rapidly developing concept in international environmental law, arose in the United States of America during the Environmental Justice Movement of the late 1970s and 1980s. It starkly ...
This study focuses on the use of Social Network Sites (SNSs) and certain personality rights (specifically the right to privacy and the right to identity) that may be infringed by this use. The study also discusses data ...