Browsing Journal for Juridical Science by Title
Now showing items 118-137 of 185
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Pecuniary interests and the rule against adjudicative bias: the automatic disqualification or objective reasonable approach?
(Faculty of Law, University of the Free State, 2011)English: This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, it asks the question: when does the pecuniary interest of a judge diminish his/her ability to apply his/her mind ... -
Permanent Secretary, Department of Welfare, Eastern Cape, and another v Ngxuza and others - hofreëls vir die voer van 'n groepsgeding?: case note
(Faculty of Law, University of the Free State, 2002)Abstract not available -
The phenomenon of weight-based discrimination in South African employment
(Faculty of Law, University of the Free State, 2014)English: South African labour law is forever evolving to address new issues in the modern workplace. One such new consideration is weight-based discrimination. With obesity increasing worldwide, it permeates every ... -
Plea-bargaining in South Africa: the need for a formalised trial run: chronicles
(Faculty of Law, University of the Free State, 2001)Abstract not available -
Political Covenantalism, sovereignty and the obligatory nature of law: Ulrich Huber's discourse on state authority and democratic universalism
(Faculty of Law, University of the Free State, 2004)English: Ulrich Huber's De Jure Civitatis, published in Latin, has never been translated into any other language, making this a relatively unknown source in constitutional law. In this work Huber responds to the state ... -
Polygyny and HIV/AIDS: a health and human rights approach
(Faculty of Law, University of the Free State, 2006)English: Concurrent sexual networks have been identified in empirical studies as significantly amplifying rates of HIV transmission in comparison to sequential monogamy or sporadic sexual encounters. This paper examines ... -
The potential effectiveness of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
(Faculty of Law, University of the Free State, 2008)English: I consider the potential effectiveness of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 in achieving its stated goal of effecting far-reaching societal transformation. I do this ... -
Practical challenges relating to the supervision of small estates
(Faculty of Law, University of the Free State, 2016)Previously, the supervision of the administration of deceased estates was divided along racial lines. Law reform has, however, seen the establishment of a single system that is fair to all South Africans – or is it? ... -
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. -
Private military and security contractors: a face-off with the notion of direct participation in hostilities, in international armed conflicts
(Faculty of Law, University of the Free State, 2012)English: Private military and security companies (PMSCs) have become a significant feature in recent international armed conflicts. Under international humanitarian law, PMSCs are, for the most part, clothed with civilian ... -
Professionele aanspreeklikheid van ouditeure teenoor derdes op grond van nalatigheid
(Faculty of Law, University of the Free State, 2004)English: People in the professional occupations such as auditors, lawyers, architects and engineers have a duty to treat their clients with solicitude. This duty arises from the nature of their calling and from the ... -
Proof of malice in the law of malicious prosecution: a contextual analysis of Commonwealth decisions
(Faculty of Law, University of the Free State, 2012)English: Generally, malice is a difficult term to define. But, as an element of the law of malicious prosecution, it is likened to spite, ill will or vengeance. In this context, malice represents improper purpose, one alien ... -
Prosecuting "hate": an overview of problem areas relating to hate crimes and challenges to criminal litigation
(Faculty of Law, University of the Free State, 2016)English: Several calls, from a wide spectrum of sectors for the enactment of hate-crime legislation in South Africa, suggest that there is limited knowledge about the theoretical underpinnings of this area of criminal ... -
Prosecuting the main perpetrators of international crimes in Eritrea: possibilities under international law
(Faculty of Law, University of the Free State, 2008-12)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) ... -
Prosedurele billikheid by ontslag weens wangedrag: hoe "billik" moet 'n werkgewer wees?: kroniek
(Faculty of Law, University of the Free State, 2008-12)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. -
The protection of prisoners’ rights to health care services in South African law: is it adequate?
(Faculty of Law, University of the Free State, 2006)English: A recent newspaper article1 depicted a dismal picture of the situation behind the walls of the largest prison in the Southern hemisphere. It was revealed that at least four prisoners die of HIV/AIDS at Westville ... -
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. ... -
Publiekregtelike estoppel, billikheid en die ontwikkeling van die gemenereg: 'n vonnisbespreking van Eastern Cape Provincial Government v Contractprops 25 (Pty) Ltd en Eastern Metropolitan Substructure v Peter Klein Investments (Pty) Ltd: chronicle
(Faculty of Law, University of the Free State, 2005-12)Abstract not available -
Regime on foreign direct investment within the Southern African Development Community (SADC): a comparative study of foreign direct investment (FDI) laws of select Southern African countries
(Faculty of Law, University of the Free State, 2003)English: This paper has as its emphasis the cogent need for the effective implementation of a general but uniform legal framework or environment for the treatment of foreign direct investment by the recipient African States. ... -
Regsverteenwoordiging tydens dissiplinêre optredes en arbitrasies - 'n kort oorsig oor die huidige regsposisie
(Faculty of Law, University of the Free State, 2004)English: With the recent amendments to the Labour Relations Act 66 of 1995 the question of legal representation was raised again. This article deals with the current legal position and explains the advantages and disadvantages ...