JJS 2013 Volume 38 Issue 1

Permanent URI for this collection


Recent Submissions

Now showing 1 - 4 of 4
  • ItemOpen Access
    Die ontwikkeling van die Suid- Afrikaanse gemenereg: ’n geskiedkundig-sosiaal-kontekstuele analitiese benadering
    (Faculty of Law, University of the Free State, 2013) Serfontein, E. M.
    English: In order to develop the South African common law and understand how legal processes must transpire in contemporary South Africa, a historic-social-contextual analysis is proposed. Such a critical analysis not only assists courts in understanding the development of this country’s common law as well as the external and internal influences affecting it, but also enables them to build a historic bridge between the past of a deeply divided society and a future founded on constitutional values.
  • ItemOpen Access
    Divorcing and checking out of the mortal and physical world domain – online assets in limbo: a call for the regulation of the digital legacy
    (Faculty of Law, University of the Free State, 2013) Ratiba, M. M.
    English: For the majority of people, an online existence has currently become an incontrovertible reality. This article explores the various ways of handling digital or online assets both before and after death. The article starts by describing possible definitions of digital or online assets, followed by a close and critical examination of the efficacy of measures initially put in place by service providers to regulate their relationship with online users. Various legislative provisions recently promulgated in a number of states in America are compared, critically evaluated and discussed, whereafter the existing provisions of the Matrimonial Property Act No. 88 of 1984, the Divorce Act No. 70 of 1979 and the Administration of Estates Act No. 66 of 1965 are closely examined with a view to testing and evaluating their effectiveness in dealing with digital assets both before and after death. The discussion culminates with a call for the amendment of the relevant South African provisions, while giving possible suggestions to the same effect.
  • ItemOpen Access
    The role of university law clinics in public interest litigation, with specific reference to South Africa
    (Faculty of Law, University of the Free State, 2013) Mubangizi, J. C.; McQuoid-Mason, D. J.
    English: University law clinics in South Africa emerged from the desire of law students and academics to be involved in the struggle for social justice, while simultaneously providing clinical legal education for the students. This article focuses on some of the reported court cases in which university law clinics in South Africa have been involved. It is not concerned with public interest law units at universities that do not involve students in clinical legal education, or the so-called clinics operating in the justice centres of Legal Aid South Africa. Neither does it dwell on the nonlitigious activities or the non-reported cases brought by university law clinics. For purposes of comparison, reference is made to the United States context where clinical legal education has been in existence longer than anywhere else. The article also highlights the challenges that law clinics in South Africa face regarding their financial and human resources, the marginalisation of their staff members from mainstream academia, and their heavy caseloads which impact on their educational function. Despite this, national university law clinics have played, and continue to play, an important role in public interest litigation – particularly in the realm of civil litigation which Legal Aid South Africa does not have the resources to address. Through their clinical legal education methodology, South African law clinics have also contributed to the transformation of the South African society, in general, and the legal profession, in particular.
  • ItemOpen Access
    Private international law: Lesotho High Court assumes South Africa’s High Court jurisdiction – Sello Ramalitse v Mpeesa Ramalitse
    (Faculty of Law, University of the Free State, 2013) Forere, M. A.
    No abstract available.