JJS 2008 Volume 33 Issue 2

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  • ItemOpen Access
    Closing the gap between the needs of students and the community they serve
    (Faculty of Law, University of the Free State, 2008) Du Plessis, M. A.
    English: University law clinics, within the structures that are identified, must satisfy two main objectives, namely teaching of students and service to clients. The students’ and clients’ needs must be balanced in order to overcome the gap between their respective needs. The outcomes of research into these sometimes conflicting needs are reflected upon. Students’ preparedness for practice, in view of the SAQA exit-level requirements for LLB is discussed. Teaching models are reviewed and curriculum planning methods are suggested. Accommodating the gap between the different needs can best be addressed by teaching in the live client model. Solutions in overcoming the shortcomings of this model are suggested.
  • ItemOpen Access
    Tacit responsibilities assigned to the drafter of a credit agreement by the National Credit Act 34 of 2005 with particular emphasis on contractual consensus: a critical analysis
    (Faculty of Law, University of the Free State, 2008-12) Mould, Kenneth
    English: The National Credit Act 34 of 2005 came into full operation on 1 June 2007, effectively replacing the Credit Agreements Act 75 of 1980 and the Usury Act 73 of 1968. The main aim of this piece of legislation is to prevent the granting of so-called "reckless credit" to consumers, and in doing so protecting consumers from credit which may be, or may become, unmanageable. However, the act has placed some heavy responsibilities on certain areas of the law, especially the law of contract. The reason for this is that the relationship between the grantor of credit and the recipient thereof is almost entirely governed by contracts. If the recipient of credit enters into a contract, the contents which he or she is oblivious or uncertain of, it would not be too bold to state that consensus would be lacking in such a case, and no valid contract would come into existence. This article aims to identify specific obligations placed upon the drafter of a contract of credit specifically by the National Credit Act, but also exposes some problems that may arise from the Act, as far as consensus as prerequisite for a valid contract is concerned.
  • ItemOpen Access
    Prosecuting the main perpetrators of international crimes in Eritrea: possibilities under international law
    (Faculty of Law, University of the Free State, 2008-12) Mekonnen, D. R.; Pretorius, J. L.
    English: A growing international consensus has emerged in the last few decades on the need to prosecute egregious violations of international law. In this regard, the establishment of the International Criminal Court (ICC) is seen as a landmark development in the global protection of international human rights and humanitarian law standards. Since its independence in 1991, Eritrea has experienced heinous violations of international law. The violations amount to international core crimes, as defined by the ICC Statute and customary international law. These include crimes against humanity, war crimes and the crime of aggression. There are consistent reports, as well as documentary and testimonial evidence from reliable sources on this. Accordingly, a number of high-ranking government officials may be reasonably suspected of involvement in the perpetration of international crimes in Eritrea. However, Eritrea is not a state party to the ICC Statute and this means that many of the international crimes perpetrated in the country may not fall under the jurisdiction of the ICC. On the other hand, violations are continuing with impunity, as there are no effective domestic remedies to rectify the problem, giving rise to the need for immediate intervention by the international community. The article discusses the legal implications of the ICC Statute with regard to international crimes committed in Eritrea before and after the coming into effect of the Statute. Drawing on the latest developments of international criminal law, it explores possible options for the prosecution of the main perpetrators of international crimes pursuant to Security Council referral as stipulated under article 13(b) of the ICC Statute.
  • ItemOpen Access
    Prosedurele billikheid by ontslag weens wangedrag: hoe "billik" moet 'n werkgewer wees?: kroniek
    (Faculty of Law, University of the Free State, 2008-12) Deacon, H. J.
    Afrikaans: In terme van die Grondwet het elkeen die reg op billike arbeidspraktyke. Die reg word in die Wet op Arbeidsverhoudinge herhaal in die sin dat elkeen die reg het om nie onbillik ontslaan te word nie.
  • ItemOpen Access
    Sexual Offences Courts in South Africa: quo vadis?
    (Faculty of Law, University of the Free State, 2008-12) Kruger, H. B.; Reyneke, J. M.
    English: Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following : several investigations into these courts were undertaken; the Sexual Offences and Community Affairs Unit (SOCA Unit) was established; a blueprint for Sexual Offences Courts was drafted and later refined; and, by 2007, the number of Sexual Offences Courts had increased to 59. These courts have performed exceptionally well compared with general regional courts and conviction rates rose to 70 per cent on average. Despite the obvious success of these courts, the Minister of Justice and Constitutional Development declared a moratorium on the establishment of additional Sexual Offences Courts pending the outcome of an evaluation of existing Sexual Offences Courts. In this article, a synopsis of the development of Sexual Offences Courts is given and the subsequent evaluation commissioned by the Minister is assessed and is supplemented with recommendations to enhance efforts to combat sexual offences through the Sexual Offences Courts.