Friedman, N. (2014). `The South African Common Law and the Constitution: Revisiting horizontality'. South African Journal on Human Rights, 30: 63.Friedman N. The South African common law and the constitution: revisiting horizontal‐ ity. SAJHR 2014;30(1):63-88. hdl.handle.net/10520/EJC...
Mixed with over a dozen African languages for two centuries, spiced by imports from European colonies, South African English has its own rich, varied and weird flavour.
Rautenbach, Christa, and Matthee, Jacques, Common Law Crimes and Indigenous Customs: Dealing with the Issues in South African Law, 61 Journal of Legal Pluralism and Unofficial (2010).Rautenbach, Christa, and Jacques Matthee. 2010. Common Law Crimes and Indigenous Customs: Dealing with the ...
Lastly, the author must be a 'qualified person,' meaning an individual who is a citizen, domiciled, or resident in South Africa or a country that has extended the Copyright Act No. 98 of 1978 by proclamation. For juristic persons, they must be incorporated under South African law or the ...
In South Africa, the ius acceptum is understood to denote not only common law but also existing statutory law. The ius acceptum is anchored in South African law by virtue of section 35 (3) (l) of the Constitution.Footnote 17 The other important common law principle is the ius strictum....
According to September (2008) the South African Law Reform Committee (SALRC), along with representation from different government departments and a project committee were tasked by the Minister of Social Development in 1997 to review the legislation affecting children. The process was largely ...
not because we punish them, but because sites are according to our practices and are demarcated for a married man who has a wife.” Furthermore, Chief Nonkonyana shared that “According to God’s law, man should marry a woman. Same-sex union is not only anti-God but also un-African....
The presumption that statute law is not unjust and unreasonable It is well established in South African law that where a statutory provision is reasonably capable of two meanings, and the one meaning leads to harshness and injustice, while the other does not, the milder meaning must be preferred...
The South African Constitution provides for a right to equality and prohibits the unequal treatment of persons on the basis of their race, colour and disability. This constitutional right is promoted within the labour market by way of the Employment Equity Act, which aims to achieve fair ...
386). This observation is extended below by accounting for how cultural studies, as rearticulated in the South African context, joined with Critical Indigenous Qualitative Methods, can inscribe the concerns and voices of community partners and address the complexity of the development encounter into ...