Since direct horizontality, properly understood, is central to the coherent development of South Africa's rights jurisprudence, the author reinvigorates debate about horizontality by offering a new and comprehensive account of its mechanics and purpose. The account turns on a distinction between '...
In South Africa they may play such a role in two respects: first during the process of inquiry to ascertain if the requirements for a particular crime have been met; and secondly when a suitable punishment for a convicted accused must be determined. By making use of case law, illuminated ...
The case’s founding affidavit, equivalent to a complaint in common law jurisdictions, asserts the policy has “inhibited the ability of the State to function effectively in order to promote the rights in the Bill of Rights [and that it] has eroded South Africa’s democratic founding. . . ...
South Africa recognizes a multiplicity of marriage forms: common law marriage, customary marriage, and same-sex marriage. The South African Constitution has a high sensibility related to issues of human dignity, equality, and freedom. Respect for both cultural identity and non-discrimination is ...
The water sector in South Africa is faced with numerous challenges, among which include; increased flooding and prolonged droughts caused by increased clim
Explore data on LSAT scores and acceptance rates for the highest-ranked law schools. Nathan HellmanApril 7, 2025 When to Take the LSAT to Apply in Fall Aim for late summer or early fall in case you need to take the test multiple times. ...
South Africa does not have a statutory compensation scheme for harm arising from medical malpractice. Victims who suffer harm in this context must institute common law delictual or contractual claims in a civil court in an attempt to obtain compensation. They are not assisted by a reversal of th...
By making provision for this committee, in the CA, South Africa has legislated corporate special responsibility to a certain extent. A committee, like the social and ethics committee, is a good way to protect stakeholder interests and to assist directors to consider these interests...
Common Law Remains Applicable 11. Changes in Foreign Legal System C. Interpretation of Wills D. Inherent Validity and Effect of Wills E. Capacity to Inherit F. Revocation of Wills I. Introduction In South Africa there is no general code of private international law; indeed, there are not ...
The place of customary law in the new constitutional dispensation in South Africa has been the subject of much debate in legal literature and elsewhere. Most notable for the purposes of this article have been the debates about the relationship between the previously dominant legal system, the comm...