JJS 2018 Volume 43 Issue 1
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Foreseeability: wrongfulness and negligence of omissions in delict – the debate goes on MTO Forestry (Pty) Ltd v Swart NO 2017 5 SA 76 (SCA)
(Faculty of Law, University of the Free State, 2018)The case under discussion involved delictual liability for an omission. The appellant sued the respondent for damages, alleging that the respondent’s negligent omissions had caused or allowed a fire to spread to a plantation, ... -
An examination of the legal status, powers and roles of the Justices of the Peace in the Nigerian legal system
(Faculty of Law, University of the Free State, 2018)It is not uncommon to hear of State governments in Nigeria appointing people as Justices of the Peace or of people adding ‘JP’ as a suffix to their names. Justices of the Peace are judicial officers appointed to conserve ... -
Educator accountability in South Africa: rethink section 10 of the South African Schools Act
(Faculty of Law, University of the Free State, 2018)Twenty years after the abolition of corporal punishment in South Africa, shocking videos of educators administering corporal punishment surfaced during 2017. A much harsher approach to prosecuting offending educators as ... -
Critiques of the human rights framework as the foundation of a human rights-based approach to development
(Faculty of Law, University of the Free State, 2018)During the 1990s, the human rights-based approach (HRBA) emerged as the newest development framework to address increasing global poverty and inequality. Under this approach, development objectives are determined by human ... -
Damages for wrongful arrest, detention and malicious prosecution in Swaziland: liability issues
(Faculty of Law, University of the Free State, 2018)This article draws from a wealth of unreported cases decided in the Kingdom of Swaziland in the past two decades relating to the deprivation of personal liberty, human dignity and other fundamental rights infringements ... -
The University of the Free State Faculty of Law/Write Site intervention: supporting broader access with the skills for success
(Faculty of Law, University of the Free State, 2018) -
Rights and religion; bias and beliefs: can a judge speak God?
(Faculty of Law, University of the Free State, 2018)The Constitution of the Republic of South Africa, 1996 guarantees everyone the right to freedom of expression and religion. The Constitution also places the power to resolve disputes impartially in the judiciary. The ...
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