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Die interpretasiereël in die Suid-Afrikaanse kontraktereg – deel twee
(Faculty of Law, University of the Free State, 2016)
In the first part of this article (that appeared in the June 2016 issue
of this journal), the author analysed the development and current
application of the interpretation rule in the South African law of
contract. In ...
Ondernemingsredding en werknemers in die Suid- Afrikaanse reg: “verlore siele” of nie?
(Faculty of Law, University of the Free State, 2016)
In South Africa, business rescue is a procedure created by the
Companies Act 71 of 2008, which aims to facilitate the rehabilitation
of companies in financial distress. Not all companies in financial
distress will fail; ...
The eternal quest for an independent public broadcaster: what’s news?
(Faculty of Law, University of the Free State, 2016)
Sec. 192 of the Constitution of the Republic of South Africa, 1996 compels the National Legislature to establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity ...
The public-interest action in South Africa: the transformative injunction of the South African Constitution
(Faculty of Law, University of the Free State, 2016)
The insertion of sec. 38 in the Constitution of the Republic of
South Africa, 1996, has seen substantial broadening of standing
opportunities for litigants since the advent of the country’s
constitutional dispensation. ...
Repugnancy clause and its impact on customary law: comparing the South African and Nigerian positions — some lessons for Nigeria
(Faculty of Law, University of the Free State, 2009)
English: The repugnancy doctrine was introduced into Nigeria in the 19th century through the
received English laws. This doctrine prescribes that the courts shall not enforce any
customary law rule if it is contrary to ...
Application of the international classification of functioning, disability and health with specific focus on disabling hearing impairment in legislation and policy in South Africa
(Faculty of Law, University of the Free State, 2012)
English: Disability legislation faces two potentially contradictory perceptions. Persons with disabling hearing impairment (DHI) are committed to eradicating discriminatory attitudes and practices, and removing barriers ...
Coordination of development approval processes revisited – Lagoon Bay Lifestyle Estate (Pty) Ltd v The Minister of Local Government, Environmental Affairs & Development Planning of the Western Cape and Others [2011] 4 All SA 270 (WCC)
(Faculty of Law, University of the Free State, 2012)
Abstract not available
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)
No abstract available.
Statutory discretion or common law power? Some reflections on “veil piercing” and the consideration of (the value of) trust assets in dividing matrimonial property at divorce – part one
(Faculty of Law, University of the Free State, 2016)
Although it is an entrenched principle of company law that the abuse of corporate personality may require the “corporate veil” of a company to be “pierced”, this possibility has only recently become a feature of South ...
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)
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 ...