JJS 2009 Volume 34 Issue 1
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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 ... -
The Small Claims Courts Act: annotations and comments
(Faculty of Law, University of the Free State, 2009)Abstract not available -
Die Civil Union Act, Draft Domestic Partnership Bill en moontlike deregulering van die huwelik
(Faculty of Law, University of the Free State, 2009)English: The Civil Union Act 17/2006 is compared to the Marriage Act 25/1961 to determine whether similar life partnerships should be regulated by more than one act. Thereafter the Draft Domestic Partnership Bill is ... -
The Constitutional Court and ubuntu's "inseparable trinity"
(Faculty of Law, University of the Free State, 2009-06)English: The purpose of this article is to deconstruct the Constitutional Court's definitions of ubuntu as humanness, group solidarity, umuntu ngumuntu ngabantu, personhood and a moral philosophy. It is submitted that the ... -
To suspend or not to suspend
(Faculty of Law, University of the Free State, 2009-06)English: For many employers, the suspension of an employee literally amounts to a headache. The question which usually comes to mind is: What do I have to do before I can suspend an employee? This article investigates the ... -
The demise of the Roman-Dutch 'kommer-recht: interpretation of statutes so as to conform to the spirit, purport and objects of the South African Bill of Rights
(Faculty of Law, University of the Free State, 2009-06)English: The Supreme Court of Appeal (in a judgment dated 23.11.07) in the case of Bid Industrial Holdings v Strang (2007) SCA 144 (RSA) (now cited as 2008(3) SA 355 (SCA)) held that the common-law requirement of arrest ...
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