Browsing JJS 2016 Volume 41 Issue 2 by Issue Date
Now showing items 1-7 of 7
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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 ... -
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 ... -
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. ... -
A comparative study of child justice systems: any lessons for South Africa from The Netherlands?
(Faculty of Law, University of the Free State, 2016)This submission is a theoretical overview of the adjectival process of child justice in The Netherlands. It offers insight into the criminal procedure of an almost pure inquisitorial system dealing with children 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; ... -
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 ... -
Advantages and disadvantages of partial codification of directors’ duties in the South African Companies Act 71 of 2008
(Faculty of Law, University of the Free State, 2016)This article offers a critical examination of partial codification and its effect on the interpretation of the directors’ standard of conduct provision. Previously, the fiduciary duties and the duty of care and skill ...