In this article, I analyse this question with reference to the main statutory instruments on the topic, namely the Children’s Act and the Regulations, and relevant case law. I conclude that the answer is ‘no’—the court inEx ParteMCMshould have found that it is lawful to perform IVF i...
To a limited extent, the article borrows good practices from the developed Canadian law detailing their procedure for class actions as a comparison with the position in South Africa. The conclusion reached is that there has been a fair progress in the development of class actions.Moses Retselisit...
The regulation of surrogacy in South Africa centres on a scheme of judicial confirmation of surrogacy agreements before the start of the surrogate pregnancy. If such confirmation is granted by the court, actions taken in the execution of the surrogacy agreement are lawful, and the agreement itself...
Citizenship Law in Africa 58 Dual citizenship Atindependence,manyAfricancountriestookthedecisionthatdualcitizenship should not be allowed: they wished to ensure that those who might have a claim to another citizenship鈥攅specially those of European, Asian, or Mid... Manby,Bronwen - 《Open Society ...
Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of inva...
Although most leading legal systems provide for some form of legal relief in the case of economic hardship, South African law still does not address the issue of changed circumstances beyond that of objective impossibility or where the parties have provided for these instances contractually. Scholars...
Human right to water, Socio-economic rights, Judicial enforcement of human rights, Case law on the right to water, South Africa, Argentina, IndiaAccess to water is fundamental to human life and health. The human right to water...Winkler, Inga...
The database contains authoritative cases that have been reviewed by the SPC and are deemed to have reference value for similar cases, said the SPC. The initiative aims to highlight the practical effect of cases to better serve adjudication and academic research and raise public law awareness, ...
(10) Next, Part III will address the facts of United Haulers and review the Court's decision in that case. (11) Part IV will then examine the ... LM Slepnikoff - 《South Dakota Law Review》 被引量: 0发表: 2010年 Abahlali baseMjondolo:'a homemade politics' Accessed 31/08/07. De...
statement in less than 24 hours. On Wednesday night before the ICJ hearing, Netanyahu also published a statement in English, emphasizing that Israel has no intention of permanently occupying Gaza or displacing its civilian population, and Israel is acting in full compliance with international law. ...