JJS 2005 Volume 30 Issue 1

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  • ItemOpen Access
    Die aanspreeklikheid van die lede van 'n bestuursraad en die administrateurs van aftreefondse
    (Faculty of Law, University of the Free State, 2005) Du Plessis, J. V.
    English: The liability for the non-compliance with fiduciary and statutory duties towards a retirement fund and the members or beneficiaries of such a fund is in many ways not clear for the members of the board or the third party administrator. The question that must be answered is under which circumstances the members of the board or the third party administrator will be held liable? This question is discussed in this article with reference to the duties prescribed by law as well as the determinations made by the adjudicator. The determinations of the adjudicator, although they do not constitute binding precedent, provide clear guidelines for the circumstances under which the different parties may be held liable.
  • ItemOpen Access
    A critical retrospection regarding the legality of abortion in South Africa
    (Faculty of Law, University of the Free State, 2005) De Freitas, S. A.
    English: Abortion touches at the heart of the commencement of life, and therefore has to be approached accordingly. In this article, the South African jurisprudential debate on the legality of abortion, including the judgment in Christian Lawyers Association of SA v Minister of Health and the Choice on Termination of Pregnancy Act, is critically investigated. In conclusion, a proposed point of departure is postulated, with the aim of shedding more light on foetal status. In this regard, it is argued that, as part of the primary enquiry, morality and science, with special emphasis on fertilization, will have to play a more integral role.