The focal problem anchoring this study, is that there is no consensus on the legality of expropriating land without compensation in South Africa in light of international and regional laws. Therefore, the study examines ...
It is common course that equitable access to water and sanitation must be accordingly and primarily regarded as criteria for the realization of other several human rights, such as the right to life, dignity, health, food, ...
The South African Human Rights Commission (SAHRC) as one of the chapter 9 state institutions supporting Constitutional democracy is mandated amongst others to promote respect for human rights and cultural practice. It also ...
Various conventions and national constitutions are differently worded and that the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. ...
Section 9 of the Republic of South Africa Constitution1 recognises that discrimination against people who are members of disfavoured groups may lead to patterns of group disadvantage and harm. It turns to be unfair, since ...
The paper acknowledges the meticulous work done by the researcher, Peter Ramphabana an LLB graduate from the University of Limpopo (Turfloop Campus)
The Small Claims Courts are simplified with no strict pleadings requirements ...
The paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of ...
It is common cause that the Government has committed itself to quality education since its inception, it is also noted that many children are still suffering the effects of apartheid. In the areas where black people lived, ...
One has freedom of religion, not freedom from religion. This claim is common,
but it rests on a misunderstanding of what real freedom of religion entails. The
most important thing to remember is that freedom of religion, ...
The examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the ...
The constitution is a living document, that being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. The paper aims to be a catalyst that ...
Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of ...
The entrenchment of socio-economic rights in the South African Constitution is a critique. It is submitted that a constitution that pretends to guarantee rights which cannot be judicially enforced should not be considered ...
This research examined the mechanisms that were employed by the Companies Act 71 of 2008 in order to protect the interests of creditors in company affairs. At the preamble of the aforementioned Act lies an undertaking from ...
For a considerable period of time the primary goal of corporations was seen as being to increase the wealth of the investors (shareholders). Priority was given to shareholders’ profit maximisation at the very expense of ...
The South African Constitution guarantees equal rights to everyone. The right to equality is specifically protected in Section 9 of the Constitution. Section 9(1) states that ‗everyone is equal before the law and has the ...
The study critically analyses the concurrent enforceability of restraint of trade and garden
leave in South African Labour law. The study seeks to answer the question of whether or
not the simultaneous enforceability of ...
The policing response to increasing violent community violent protests in South Africa
has received global attention in the last decade. The study was conducted with a
backdrop of increased concern over skirmish and ...
Capital punishment has been widely applied by countries since time immemorial. The concept, however, is highly controversial. That is, on the one hand, the anti-abolitionist states argue that it is an effective form of ...
Business rescue provisions are meant to assist a financially distressed company. It seems that the success of business rescue rests on three factors, namely a competent business rescue practitioner and a practicable business ...