Research Articles (Office of the Dean: Law)

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Browsing Research Articles (Office of the Dean: Law) by Author "Henning, Johan"

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    Artikel 6 van die Wet op Binnekennistransaksies - 'n groepsgeding of aksie in die openbare belang vir die regulering van binnekennistransaksies?
    (Faculty of Law, University of the Free State, 2001) Henning, Johan; De Bruin, Jaco
    English: The Constitution introduced the concept of a class action in the South African legal system in 1993. The Constitution however limited the use of class actions to rights enshrined in the Constitution. The constitutional class action was followed by a proposal by the South African Law Commission for general legislation on class actions and actions in public interest. The Panel for Security Regulation commented on the discussion paper advocating the use of similar legislation in the fight against insider trading. The King Commission again raised the concept of a derivative action in the fight against insider trading resulting in section 6 of the Insider Trading Act. This action shares some of the characteristics of the class action and action in public interest and sets the way forward for the use of this type of legislation in the commercial world.
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    Die Britse veroweringsaanspraak op die Oranje-Vrystaat, 1900
    (Faculty of the Humanities, University of the Free State, 2011-09) De Bruin, Jaco; Wessels, Andre; Henning, Johan
    On 28 May 1900, Lord Roberts issued a proclamation (back-dated to 24 May 1900) stating that the Orange Free State (OFS) Boer republic was annexed as the Orange River Colony (ORC). This article deals with the British allegations that they had conquered the OFS, as early as the end of May 1900. It deals especially with the legality of these averments in the context of the law of nations. The opinions of a number of legal authorities are evaluated and applied to the situation prevailing in the OFS. Several other proclamations and opinions are also taken into consideration, as well as the events in the Brandwater Basin in July and August 1900, when a very significant number of the OFS forces in the field surrendered. The positions of and comments by General CR de Wet and President MT Steyn are evaluated, and the decisions handed down in a number of post-war court cases are considered. New light is shed on the legal status of the Boer representatives taking part in the negotiations leading up to the signing of the Peace of Vereeniging on 31 May 1902.
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    The Orange Free State's strategy to continue the Anglo-Boer War in July 1900: a lost opportunity?
    (Faculty of the Humanities, University of the Free State, 2011-09) De Bruin, Jaco; Wessels, Andre; Henning, Johan
    More than 4 000 Orange Free State (OFS) burghers, inclusive of their most senior officers, surrendered in the Brandwater Basin in the Eastern Orange Free State (OFS) during the period 30 July to 9 August 1900. It was a military catastrophe from which the OFS would never recover. This contribution endeavours to provide new perspectives on the events leading up to the surrender by evaluating the various strategic options considered by the OFS military command during July 1900 to continue the war. It appears that two basic strategies were considered. An analysis of these provides new insights into the confusion prevailing in the Brandwater Basin, as well as the lack of effective and decisive leadership, the contradictory decisions and the concomitant conflicting orders.