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Publisher: Sabinet Online Ltd   (Total: 187 journals)

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Showing 1 - 187 of 187 Journals sorted alphabetically
ACCORD Occasional Paper     Open Access   (Followers: 4)
Acta Academica     Full-text available via subscription   (Followers: 6, SJR: 0.13, h-index: 4)
Acta Classica : Proceedings of the Classical Association of South Africa     Full-text available via subscription   (Followers: 6, SJR: 0.102, h-index: 2)
Acta Criminologica     Full-text available via subscription   (Followers: 1)
Acta Germanica : German Studies in Africa     Full-text available via subscription   (Followers: 1)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Patristica et Byzantina     Full-text available via subscription   (Followers: 9)
AFFRIKA J. of Politics, Economics and Society     Full-text available via subscription   (Followers: 1)
Africa Conflict Monitor     Full-text available via subscription   (Followers: 3)
Africa Insight     Full-text available via subscription   (Followers: 14)
Africa Institute Occasional Paper     Full-text available via subscription   (Followers: 2)
Africa J. of Nursing and Midwifery     Full-text available via subscription   (Followers: 10, SJR: 0.128, h-index: 4)
AfricaGrowth Agenda     Full-text available via subscription   (Followers: 1)
African Entomology     Full-text available via subscription   (Followers: 8, SJR: 0.295, h-index: 21)
African Finance J.     Full-text available via subscription   (Followers: 18, SJR: 0.168, h-index: 2)
African J. for Physical, Health Education, Recreation and Dance     Full-text available via subscription   (Followers: 6)
African J. of Business and Economic Research     Full-text available via subscription   (Followers: 2)
African J. of Democracy and Governance     Full-text available via subscription   (Followers: 4)
African J. of Herpetology     Full-text available via subscription   (Followers: 7, SJR: 0.327, h-index: 10)
African J. of Research in Mathematics, Science and Technology Education     Full-text available via subscription   (Followers: 8)
African J. of Rhetoric     Full-text available via subscription   (Followers: 2)
African J. of Wildlife Research     Full-text available via subscription   (Followers: 5)
African Plant Protection     Open Access   (Followers: 2)
African Renaissance     Full-text available via subscription   (Followers: 2)
African Safety Promotion     Full-text available via subscription   (Followers: 4)
African Yearbook of Rhetoric     Full-text available via subscription   (Followers: 1)
Africanus     Full-text available via subscription   (Followers: 2)
Agriprobe     Open Access  
Akroterion     Full-text available via subscription   (Followers: 4)
Annals of the Ditsong National Museum of Natural History     Full-text available via subscription   (Followers: 3)
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Ars Nova     Full-text available via subscription   (Followers: 1)
Article 40     Open Access   (Followers: 2)
BER : Architects and Quantity Surveyors' Survey     Full-text available via subscription   (Followers: 6)
BER : Building and Construction : Full Survey     Full-text available via subscription   (Followers: 10)
BER : Building Contractors' Survey     Full-text available via subscription   (Followers: 4)
BER : Building Sub-Contractors' Survey     Full-text available via subscription   (Followers: 3)
BER : Capital Goods Industries Survey     Full-text available via subscription   (Followers: 1)
BER : Consumer Confidence Survey     Full-text available via subscription   (Followers: 4)
BER : Consumer Goods Industries Survey     Full-text available via subscription  
BER : Economic Prospects : An Executive Summary     Full-text available via subscription  
BER : Economic Prospects : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Intermediate Goods Industries Survey     Full-text available via subscription   (Followers: 1)
BER : Manufacturing Survey : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Motor Trade Survey     Full-text available via subscription   (Followers: 1)
BER : Retail Sector Survey     Full-text available via subscription   (Followers: 2)
BER : Retail Survey : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Survey of Business Conditions in Building and Construction : An Executive Summary     Full-text available via subscription   (Followers: 4)
BER : Survey of Business Conditions in Manufacturing : An Executive Summary     Full-text available via subscription   (Followers: 3)
BER : Survey of Business Conditions in Retail : An Executive Summary     Full-text available via subscription   (Followers: 4)
BER : Trends : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Wholesale Sector Survey     Full-text available via subscription   (Followers: 1)
Building Women     Full-text available via subscription  
Bulletin of Statistics     Full-text available via subscription   (Followers: 4)
Business Tax and Company Law Quarterly     Full-text available via subscription   (Followers: 8)
Cabo     Full-text available via subscription  
Cardiovascular J. of Africa     Full-text available via subscription   (Followers: 4, SJR: 0.414, h-index: 22)
Cardiovascular J. of South Africa     Full-text available via subscription   (Followers: 1)
Child Abuse Research in South Africa     Full-text available via subscription   (Followers: 1)
Civil Engineering = Siviele Ingenieurswese     Full-text available via subscription   (Followers: 4)
Clean Air J.     Full-text available via subscription   (Followers: 2)
Clean Air J. = Tydskrif vir Skoon Lug     Full-text available via subscription  
Climate Summary of South Africa     Full-text available via subscription   (Followers: 1)
Commonwealth Youth and Development     Full-text available via subscription   (Followers: 4)
Communicare : J. for Communication Sciences in Southern Africa     Full-text available via subscription   (Followers: 5)
Comparative and Intl. Law J. of Southern Africa     Full-text available via subscription   (Followers: 1)
Conflict Trends     Full-text available via subscription   (Followers: 11)
Conspectus : The J. of the South African Theological Seminary     Open Access   (Followers: 3)
Current Allergy & Clinical Immunology     Open Access   (Followers: 8, SJR: 0.127, h-index: 6)
De Arte     Full-text available via subscription   (Followers: 4)
De Rebus     Full-text available via subscription   (Followers: 1)
Die Kerkblad     Full-text available via subscription  
Educare     Full-text available via subscription   (Followers: 1)
Emergency Services SA     Full-text available via subscription   (Followers: 2)
English in Africa     Full-text available via subscription   (Followers: 2)
Ergonomics SA : J. of the Ergonomics Society of South Africa     Full-text available via subscription   (Followers: 3)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Evidence Based Summaries in Dentistry     Full-text available via subscription   (Followers: 1)
FarmBiz     Full-text available via subscription  
Farmer’s Weekly     Full-text available via subscription  
Farmlink Africa     Full-text available via subscription  
Food Manufacturing Africa     Full-text available via subscription  
French Studies in Southern Africa     Full-text available via subscription   (Followers: 1)
Fundamina : A J. of Legal History     Open Access   (Followers: 7)
Gender and Behaviour     Full-text available via subscription   (Followers: 10)
Gender Questions     Full-text available via subscription   (Followers: 1)
Ghanaian J. of Economics     Full-text available via subscription  
HR Future     Full-text available via subscription   (Followers: 2)
IFE Psychologia : An Intl. J.     Full-text available via subscription   (Followers: 1)
Image & Text : a J. for Design     Full-text available via subscription   (Followers: 16)
IMFO : Official J. of the Institute of Municipal Finance Officers     Full-text available via subscription   (Followers: 1)
IMIESA     Full-text available via subscription  
Indilinga African J. of Indigenous Knowledge Systems     Full-text available via subscription   (Followers: 4)
Inside Mining     Full-text available via subscription  
Institute for Security Studies Papers     Full-text available via subscription   (Followers: 5)
Interim : Interdisciplinary J.     Open Access   (Followers: 3)
Intl. J. for Religious Freedom     Full-text available via subscription  
J. for Christian Scholarship = Tydskrif vir Christelike Wetenskap     Full-text available via subscription   (Followers: 5)
J. for Contemporary History     Full-text available via subscription   (Followers: 17)
J. for Islamic Studies     Full-text available via subscription   (Followers: 15)
J. for Juridical Science     Full-text available via subscription  
J. for Language Teaching = Tydskrif vir Taalonderrig     Full-text available via subscription   (Followers: 3)
J. for New Generation Sciences     Open Access   (Followers: 2)
J. for Semitics     Full-text available via subscription   (Followers: 5)
J. of African Elections     Full-text available via subscription  
J. of African Foreign Affairs     Full-text available via subscription   (Followers: 2)
J. of African Union Studies     Full-text available via subscription  
J. of Contemporary Management     Full-text available via subscription  
J. of Gender, Information and Development in Africa     Full-text available via subscription   (Followers: 4)
J. of Minimum Intervention in Dentistry     Full-text available via subscription  
J. of Public Administration     Full-text available via subscription   (Followers: 26)
J. of Somali Studies     Full-text available via subscription  
J. of Strategic Studies : A J. of the Southern Bureau of Strategic Studies Trust     Full-text available via subscription  
Kleio     Full-text available via subscription   (Followers: 2)
Learning and Teaching Mathematics     Full-text available via subscription   (Followers: 4)
Litnet Akademies : 'n Joernaal vir die Geesteswetenskappe, Natuurwetenskappe, Regte en Godsdienswetenskappe     Open Access  
Management Dynamics : J. of the Southern African Institute for Management Scientists     Full-text available via subscription   (Followers: 2)
Medical Technology SA     Full-text available via subscription  
Meditari : Research J. of the School of Accounting Sciences     Full-text available via subscription   (Followers: 1)
MNASSA : Monthly Notes of the Astronomical Society of South Africa     Full-text available via subscription  
Monographs of the Transvaal Museum     Full-text available via subscription  
Musicus     Full-text available via subscription  
Neotestamentica     Full-text available via subscription   (Followers: 9, SJR: 0.212, h-index: 6)
New Coin Poetry     Full-text available via subscription   (Followers: 2)
New Voices in Psychology     Full-text available via subscription   (Followers: 2)
Obiter     Full-text available via subscription   (Followers: 1)
Obstetrics and Gynaecology Forum     Full-text available via subscription   (Followers: 3, SJR: 0.106, h-index: 2)
Occupational Health Southern Africa     Full-text available via subscription   (Followers: 1)
Old Testament Essays     Full-text available via subscription   (Followers: 14)
Personal Finance Newsletter     Full-text available via subscription   (Followers: 1)
Perspectives in Education     Full-text available via subscription   (Followers: 2, SJR: 0.228, h-index: 13)
Politeia     Full-text available via subscription   (Followers: 1)
Professional Accountant     Full-text available via subscription   (Followers: 1)
Professional Nursing Today     Full-text available via subscription   (Followers: 5)
Progressio     Full-text available via subscription   (Followers: 2)
Psycho-analytic Psychotherapy in South Africa     Full-text available via subscription   (Followers: 2)
Quest     Open Access  
ReSource     Full-text available via subscription  
Retail and Marketing Review     Full-text available via subscription   (Followers: 1)
Rostrum : Newsletter of the Entomological Society of Southern Africa     Open Access   (Followers: 1)
SA Irrigation = SA Besproeiing     Full-text available via subscription   (Followers: 1)
SA Mercantile Law J. = SA Tydskrif vir Handelsreg     Full-text available via subscription   (Followers: 1)
SABI Magazine - Tydskrif     Full-text available via subscription  
Scriptura : Intl. J. of Bible, Religion and Theology in Southern Africa     Open Access   (Followers: 9)
Scrutiny2     Full-text available via subscription  
Servamus Community-based Safety and Security Magazine     Full-text available via subscription  
Shakespeare in Southern Africa     Full-text available via subscription   (Followers: 4)
South African Actuarial J.     Full-text available via subscription  
South African Computer J.     Full-text available via subscription  
South African Food Review     Full-text available via subscription  
South African Gastroenterology Review     Full-text available via subscription   (Followers: 1, SJR: 0.102, h-index: 1)
South African Health Review     Open Access   (Followers: 2)
South African J. for Research in Sport, Physical Education and Recreation     Full-text available via subscription   (Followers: 5, SJR: 0.186, h-index: 7)
South African J. of Art History     Full-text available via subscription   (Followers: 2)
South African J. of Business Management     Full-text available via subscription   (Followers: 2, SJR: 0.194, h-index: 8)
South African J. of Chemistry     Open Access   (Followers: 2, SJR: 0.193, h-index: 14)
South African J. of Criminal Justice     Full-text available via subscription   (Followers: 1)
South African J. of Cultural History     Full-text available via subscription   (Followers: 1)
South African J. of Diabetes and Vascular Disease     Full-text available via subscription   (Followers: 1)
South African J. of Economic History     Full-text available via subscription   (Followers: 3)
South African J. of Education     Open Access   (Followers: 1, SJR: 0.335, h-index: 14)
South African J. of Higher Education     Full-text available via subscription   (Followers: 4)
South African J. of Labour Relations     Full-text available via subscription   (Followers: 2)
South African J. of Sports Medicine     Open Access   (Followers: 9)
South African J. of Wildlife Research     Open Access   (Followers: 2, SJR: 0.583, h-index: 24)
South African J. on Human Rights     Full-text available via subscription   (Followers: 12, SJR: 0.19, h-index: 7)
South African Music Studies : SAMUS     Full-text available via subscription   (Followers: 2)
South African Ophthalmology J.     Full-text available via subscription  
South African Pharmaceutical and Cosmetic Review     Full-text available via subscription  
South African Radiographer     Full-text available via subscription   (Followers: 1)
Southern African Business Review     Open Access   (Followers: 1)
Southern African Forestry J.     Full-text available via subscription   (Followers: 1)
Southern African Humanities     Full-text available via subscription   (Followers: 2, SJR: 0.409, h-index: 11)
Southern African J. of Accountability and Auditing Research     Full-text available via subscription  
Southern African Review of Education with Education with Production     Full-text available via subscription   (Followers: 2)
Stilet : Tydskrif van die Afrikaanse Letterkundevereniging     Full-text available via subscription   (Followers: 1)
Studies in Economics and Econometrics     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Suid-Afrikaanse Tydskrif vir Natuurwetenskap en Tegnologie     Open Access   (Followers: 1)
Tax Breaks Newsletter     Full-text available via subscription   (Followers: 5)
TAXtalk     Full-text available via subscription   (Followers: 4)
The Dairy Mail     Full-text available via subscription   (Followers: 3)
Transport World Africa     Full-text available via subscription   (Followers: 3)
Unisa Latin American Report     Full-text available via subscription  
Veld & Flora     Full-text available via subscription   (Followers: 2)
Water & Sanitation Africa     Full-text available via subscription   (Followers: 4)
Without Prejudice     Full-text available via subscription  
Word and Action = Woord en Daad     Full-text available via subscription  

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   Published by Sabinet Online Ltd Homepage  [187 journals]
  • The possibility of the right to religion emerging as a jus cogens norm
           (part 1)
    • Authors: David Abrahams
      Abstract: This article has been divided into two parts, owing to its nature and scope. The aim of the work is to explore the possibility of the right to religion emerging as a jus cogens norm. In Part One, the concept of jus cogens and its role in the international community, together with the nature of the right to religion, will be discussed. It is on this foundation that the reader will be able to understand why enforcement is such an issue when considering countries such as the Democratic People's Republic of Korea, which serves as a case study and is discussed in detail in Part Two. Gross violations against the right to freedom of religion still exist despite the prevalence of international instruments protecting such rights. Something more needs to be done to hold human rights transgressors to account.
      PubDate: 2016-01-01T00:00:00Z
       
  • The impact of legislation on childhood sexuality in South Africa
    • Authors: Rushiella Songca; Michelle Karels
      Abstract: The purpose of this submission is two-fold. Firstly, it undertakes a socio-legal analysis of child sexuality and sexual behaviour. The goal of the analysis is to confront, albeit synoptically, common-held misperceptions, both legally and socially, on the subject of childhood sexuality. Secondly, the submission considers how legislation and judicial interpretation has responded to the expression of a child's sexuality in South Africa. The legal and judicial analysis is centred on the categorization of age, and queries the wisdom of confining normal, non-deviant sexual development in terms of disparate age classifications as expressed in South African Legislation.
      PubDate: 2016-01-01T00:00:00Z
       
  • Gender reassignment and the world of work : a comparative perspective on
           the intersection between transgenderism, trans-sexuality and appearance
           discrimination in the South African employment arena
    • Authors: D.M. Smit; D. Viviers
      Abstract: The media hype in 2015 surrounding the former Olympic athlete Bruce Jenner's gender transition to become "Caitlyn" has put renewed focus on the issue of trans-individuals and gender reassignment. Unlike Caitlyn, however, many transsexual individuals need to function within and face an office environment every day, where employers and co-workers are not necessarily accommodating or tolerant. Workplace discrimination against transsexual employees, based on their altering or altered appearance due to gender reassignment, is a prevalent concern in places of employment across the globe, and South Africa is no exception. Employers and co-workers' subconscious appearance preferences seem to filter into employment decisions, policies and practices, causing trans-employees to suffer severe prejudice. Against the backdrop of case law and legislative developments in foreign jurisdictions as well as locally, this article assesses the formal protection afforded to trans-employees in South African workplaces. It is argued that, apart from the existing protection against sex-based and gender-based unfair discrimination, trans-employees should also be explicitly afforded formal protection against unfair discrimination on the ground of appearance before, during and after gender reassignment. The study concludes with concrete proposals to remedy the situation and contributes to a more tolerant and effective employment realm, irrespective of appearance.
      PubDate: 2016-01-01T00:00:00Z
       
  • Between reasonable and probable cause and malice in the law of malicious
           prosecution : a Commonwealth update
    • Authors: Chuks Okpaluba
      Abstract: Although the requirements of absence of a reasonable and probable cause and malice are two distinct elements in an action for malicious prosecution, they sometimes appear inseparable. An absence of reasonable and probable cause might, in instances, be a clear indication of malice on the part of the prosecution. However, while the absence of reasonable and probable cause is often deduced from the conduct of the prosecutor, judged from the objective standpoint of a reasonable prosecutor possessed of the same information, malice is inferred from the state of mind of the prosecutor as to whether he or she genuinely intended to bring the accused person to justice, or had operated from the angle of vengeance, improper purpose, targeted malice or for any unlawful purpose. Such inference can easily be drawn where the investigating officer and the prosecutor knowingly relied on fabricated information - Minister of Safety and Security v Tyokwana 2015 (1) SACR 597 (SCA). The burden of proof of both elements, though extensively canvassed by the Australian High Court in A v New South Wales (2007) 230 CLR 500 (HCA), has been taken a step further by the New South Wales Court of Appeal in State of NSW v Quirk [2012] NSWCA 216. The Supreme Court of Appeal of South Africa has maintained in Woji v Minister of Police 2014 (1) SACR 409 (SCA) that negligence or gross negligence, short of dolus eventualis, would not suffice in a claim for malicious prosecution. The defendant must have been aware of the wrongfulness of his or her conduct in initiating or continuing the prosecution, but nevertheless continued to act, reckless as to the consequences of his or her conduct.
      PubDate: 2016-01-01T00:00:00Z
       
  • The duty to support the indigent elderly in South Africa : a public or
           private duty?
    • Authors: Marita Carnelley; Mothokoa Mamashela
      Abstract: Only about 5% of South Africa's elderly save enough to retire adequately. The legal system makes provision for a dual support system for the indigent elderly: the common law places the burden of support on their financially able children and the State has a constitutional obligation, as it recognises social assistance as a basic human right within a financially constrained paradigm. The boundaries of each system and the interaction between them are, however, not always clear. The question of who is best placed to take responsibility for the indigent elderly has led to a prolific debate in other jurisdictions. The arguments raised in favour of assigning the care of the elderly to financially able adult children are mostly based on their relationship and the tax burden that will be placed on Government should the burden be exclusively shifted to the State. Arguments against filial duty are based on the loosening of family bonds and reasons of public policy. This article discussed both the South African private and public support systems, and concludes that the shared responsibility should remain. It is recommended that the State should, however, further empower children to support their parents through a variety of programmes and strategies.
      PubDate: 2016-01-01T00:00:00Z
       
  • Can a non-member spouse protect his or her interest in the member spouse's
           accrued pension benefits before divorce?
    • Authors: M.C. Marumoagae
      Abstract: A court hearing a divorce matter is empowered by relevant provisions of the Divorce Act to order that a portion of a member spouse's pension interest be assigned to his or her former spouse, which amount should be paid by the member's pension fund when it "accrues". In order to ensure that a non-memberâ??s spouse does not wait for a long period after the divorce to be paid his or her share of the member's pension interest, the clean break principle has been introduced to enable him or her to immediately claim his or her share of the member spouse's pension benefits on the date of divorce. However, when one spouse has been accorded his or her pension benefits during the subsistence of the marriage, there is no legislative provision which forces such a spouse to share such benefits with his or her non-member spouse. But the same spouse can claim against the pension interest of the other spouse when parties divorce. This note argues that there is a need for a legislative provision which would empower non-member spouses married in community of property to claim part of the pension benefits of their member spouses when they accrue during the subsistence of the marriage.
      PubDate: 2016-01-01T00:00:00Z
       
  • An analysis of Professor Lourens du Plessis' early (pro-life) and later
           (pro-choice) perspectives on abortion
    • Authors: Najma Moosa
      Abstract: Abortion, or termination of pregnancy, albeit in gradations from most to less restrictive to unrestricted, has always been legally allowed in South Africa. This questions the need for the introduction of new law. Legalisation of abortion has reduced abortion to a form of failed contraception. Illegal abortions motivated new law, as well as research, Professor Lourens Marthinus du Plessis' constitutional argument favouring women's (reproductive) right to abortion. Yet, illegal abortions continue as before democracy when the seemingly Christian, racially-motivated law, was flouted by white and black women alike. The Constitution adopts a neutral position on the right to life, but is decidedly pro-abortion. This does not imply that a constitutional challenge, which has yet to occur, seeking to amend the current status quo and to provide protection to an unborn, may be an exercise in futility. This article is written in honour of, and analyses the role and early "pro-life" views of the now retired Du Plessis as a white Afrikaner male, husband, father and proud grandfather, schooled in a traditional, conservative strand of Christianity, and as an anti-apartheid constitutional lawyer and drafter - to determine whether his liberal political views are compatible with his moral views and whether they may have since changed.
      PubDate: 2016-01-01T00:00:00Z
       
  • Daddy's home : the promotion of paternity leave and family
           responsibilities in the South African workplace
    • Authors: Asheelia Behari
      Abstract: Current labour legislation provides employees with three days' family-responsibility leave for the care of their family. This means that fathers of new-born babies must rely on the provision of three days of family-responsibility leave, if they wish to take time off from work after the birth of a new baby. Alternatively, fathers will have to use annual leave on the birth of a baby. Paternity leave is exclusively offered to the working father as time off work immediately after the birth of his child, not only to care and bond with the new-born baby, but also to care for the mother during the post-natal stage. Most countries do not provide a separate legislative right to paternity leave. The right is generally included in parental-leave provisions, which provide fathers an exclusive period of leave. Providing maternity leave without a corresponding period of paternity leave creates an imbalance in family dynamics. The exclusion of paternity leave fuels the stigmatised notion of women as homemakers and caregivers. It leads to the perception that women are provided with maternity leave because the primary responsibility of women is to care for children, whereas men need not be afforded paternity leave because their primary responsibility is to be a "bread-winner". Therefore, providing the right to paternity or parental leave would promote the equal treatment and opportunities between men and women in the workplace. The Constitution guarantees gender equality and fair labour practice. South Africa has made legislative efforts to provide these rights through labour law and decisions of the Labour Court. While certain aspects of these efforts have proved effective, the labour laws of South Africa fail to provide paternity leave for fathers.
      PubDate: 2016-01-01T00:00:00Z
       
  • Uber vis-à-vis UTI - onafhanklike kontrakteurs of werknemers : tempering
           van artikel 200a van WAV : aantekening
    • Authors: Fanie Van Jaarsveld
      Abstract: Uber-Technologies het wêreldwyd die afgelope paar jaar prominent op die voorgrond getree en tradisionele huurmotorskemas in beroering gehad en "uit rat gegooi". Benewens sy eie vestingsprobleme in Suid-Afrika, het dit in Noord-Amerika (Amerika en Kanada) by verskeie geleenthede by litigasie ten opsigte van dieselfde regsvraag betrokke geraak. Die sleutelvraag was telkens of die bestuurders van hulle eie voertuie as sogenaamde huurmotors ten behoewe van Uber(U) se kliënte, as werknemers van Uber beskou moes word, of was en is hulle bloot onafhanklike kontrakteurs wat hulle eie voertuie (toerusting) gebruik het om 'n eie inkomste te verdien.
      PubDate: 2016-01-01T00:00:00Z
       
  • Vultures before the Constitutional Court : the cheque is in the
           mail Khohliso v S [2014] ZACC 33 : case note
    • Authors: Eugene Van der Berg; Avinash Govindjee
      Abstract: The legislative protection of wildlife in the Eastern Cape is not in what one would describe as a state of orderliness. Considering merely provincial or other regional legislation, one finds that there are at least three (four, if one includes the Problem Animal Control Ordinance 26 of 1957) such pieces of legislation operating simultaneously, or in parallel, depending upon where one finds oneself in the Eastern Cape, regulating the same subject matter. In the first place there is Decree 9 of 1992 which applies to what was once the independent homeland of Transkei before Transkei once again became part of the "new" South Africa, following the constitutional developments since 1993. Decree 9 was issued by presidential decree upon the recommendation of a Military Council, following a military coup which soon replaced the "democratic" government of the Transkei. Similarly there is the Nature Conservation Act 10 of 1987 (Ciskei) which applies to what was the independent homeland of Ciskei, which also became part of South Africa following the same constitutional developments since 1993. (The Ciskei too suffered a military coup soon after attaining independence.) As for the remainder of the Eastern Cape, the subject matter is regulated by the (Cape) Nature and Environmental Conservation Ordinance 19 of 1974, a creation of the Cape Provincial Council then in existence. The Provincial Councils were ultimately abolished by the Provincial Government Act 69 of 1986, and their law-making powers were transferred to the Executive.
      PubDate: 2016-01-01T00:00:00Z
       
  • Are the rights of business employees preferred more than the rights of
           domestic employees? Gungudoo v Hannover Reinsurance Group (Pty) Ltd
           (585/11) [2012] ZASCA 83 (30 May 2012) Revisited : case note
    • Authors: Howard Chitimira
      Abstract: This case note examines, inter alia, the effect of a sequestration order on the debtor and relevant stakeholders such as creditors, shareholders and other interested parties (see s 20 read with s 9, 10, 11, 12, 17, 19, 21, 23, 37 and 38 of the Insolvency Act 24 of 1936 (hereinafter "the Insolvency Act"). The case note further discusses certain requirements for the application of a sequestration order in South Africa (s 9, read with s 10-12 of the Insolvency Act) in light of the judgment in Gungudoo v Hannover Reinsurance Group Africa ((585/11) [2012] ZASCA 83 (30 May 2012) (hereinafter "Gungudoo case"). This case raised some pertinent questions regarding the application and serving of a sequestration order on the debtor, in terms of the Insolvency Act (s 9(4A), 11(2A) and 11(4)).
      PubDate: 2016-01-01T00:00:00Z
       
  • Negligence "in the air" or on the road? Ndlela v S 2013 (unreported,
           KZP) Case no AR 630/2012
    • Authors: Shannon Hoctor
      Abstract: In certain circumstances, certain drivers are authorised to drive with a blue light and siren flashing on a public road. Thus, in terms of regulation 308(1)(h) of the Regulations issued under the National Road Traffic Act 93 of 1996 (hereinafter "the Act") any person driving or having a vehicle on a public road is required to "give an immediate and absolute right of way to a vehicle sounding a device or bell or displaying an identification lamp in terms of section 58(3) or 60 or regulation 176". Section 58(3) permits the driver of emergency vehicles, a traffic officer, and duly authorised drivers, as well as, particularly pertinent to the discussion which follows, a "person appointed in terms of the South African Police Service Act ... who drives a vehicle in the carrying out of his or her duties" to disregard the directions of a road traffic sign displayed in the prescribed manner. There are two provisos: that such driver must drive the vehicle concerned "with due regard to the safety of other traffic"; and that such vehicle is fitted with a device capable of prescribed sound and a prescribed identification lamp, both of which must be in operation during such driving. Section 60 mirrors the provision in section 58(3), allowing for certain drivers to exceed the speed limit, subject to the same provisos. Regulation 176 authorises a member of the South African Police Service (along with a member of a municipal police service, a traffic officer, and a member of the South African Defence Force performing police functions) to utilise a lamp emitting a blue light in the exercise of his or her duties.
      PubDate: 2016-01-01T00:00:00Z
       
  • Directors' fiduciary duties and the common law : the courts fitting the
           pieces together Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of
           South Africa (SOC) Limited (12476/2015) [2015] ZAWCHC 113; 2015 (6) SA 338
           (WCC) (4 August 2015) : case note
    • Authors: Lindi Coetzee
      Abstract: The partial codification of directors' duties in section 76 of the Companies Act (71 of 2008, hereinafter "the Act") is not a comprehensive statement of directors' duties. Section 158 of the Companies Act requires of a court to develop the common law as necessary to improve the realisation and enjoyment of the rights created in the Act. In a partial codification the common law is still applicable to the extent that it has not been excluded. The courts can develop the duties and even create new duties as opposed to complete codification where the courts may refer to the common law when interpreting the statutory duties, but cannot create new duties (see also Delport (ed), Vorster, Burdette, Esser and Lombard Henochsberg on the Companies Act 71 of 2008 Volume 1 Service Issue 10 (May 2015) 290(4)).
      PubDate: 2016-01-01T00:00:00Z
       
  • "Pay day" for illegal foreigners Rahim v The Minister of Home Affairs
           (965/2013) [2015] ZASCA 92 (29 May 2015) : case note
    • Authors: Darren Subramanien
      Abstract: People from across the African continent continue to make their way to South Africa to escape violence and poverty in their own countries. South Africa is also seen as a beacon of stability and economic growth on the continent (How South Africa became the World's #1 Asylum Destination, LGBT Asylum News, November 2011 http://madikazemi.blogspot.com/2010/ 09/how-south-africa-became-worlds-1asylum.html; and see also Hathaway Reconceiving International Refugee Law (1997) 8). There has been growing concern that the illegal influx of foreigners in search of a better life, and the failure by the South African Government to control its porous borders, have led to a high degree of animosity and resentment, directed at foreigners (Pretorius "Political Refugees as Victims of Prejudice, Discrimination and Abuse" 2004 17(2) Acta Criminologica 131).
      PubDate: 2016-01-01T00:00:00Z
       
  • Ghosts of the municipal debts' past : is Mitchell resurrecting the
           Mathabathe spectre? - Not quite Perregrine Joseph Mitchell v City of
           Tshwane Metropolitan Municipal Authority (50816/14) [2014] ZAGPPHC 758 :
           case note
    • Authors: Matome M. Ratiba
      Abstract: The unfortunate choice of words by the judiciary in the case of City of Tshwane Metropolitan Municipality v Mathabathe ((502/12) [2013] ZASCA 60 (hereinafter "Mathabathe case") has resulted in a barrage of incorrect interpretations being attributed to the decision. All of these have translated into massive uncertainty, coupled with boundless confusion as regards the whole issue of the collection of municipal debts by the municipality. Also, it had become clear to municipal entities that some of the erstwhile innovative ways of exploiting the legal framework created by the applicable legislation (eg, the withholding of certificates and demanding guarantees) have effectively been thwarted by the Mathabathe case. Responding thereto and moreover seizing upon the opportunity created by the now-existing uncertainty, municipalities have been quite inventive, and taken it upon themselves to embark on a myriad of newfound steps and methods which are generally grossly unfair and sometimes bordering on the illegal, in order to collect outstanding rates and taxes (Rice "Municipality Receives Beating in Court after Disconnecting Home Owner's Electricity Supply" 15 May 2015 http://heidelbergnigelheraut.co.za/1159/municipality-receives-beating-in-court-after-disconnecting-home-owners-electricity-supply/ (accessed 2015-07-10)). To a large extent, the entities have been engaging in, and in fact, intensifying the long-standing practice of conducting large-scale impromptu electricity disconnections, coupled with the recent refusal to connect new owners of properties with historical debts (Beamish "Tshwane Tries to Make New Owner Pay the Old Owner's Municipal Account" 30 April 2014 http://www.moneyweb.co.za/archive/new-property-owners-held-liable-for-defaulters-due/ (accessed 2015-07-13).
      PubDate: 2016-01-01T00:00:00Z
       
  • Unfettered, but not unbridled : the fiduciary duty of the trustee Wiid v
           Wiid NCHC (unreported) 13-01-2012 Case no 1571/2006 : case note
    • Authors: Eben Nel
      Abstract: The fiduciary duty and accompanying discretionary power of the trustee in South African trust law is considered, with particular reference to its application in Wiid v Wiid. The contents and exercise of trustees' discretion in light of the fiduciary duty are examined and applied to the particular judgment. The conventional attribution by trust deeds of an unfettered trustee discretion is proved to be subject both to the limitations inherent to the fiduciary duty and the unique nature of the trust figure. It is submitted that, notwithstanding some equivocal statements by the court, valuable lessons for trustees can be taken from the matter in casu.
      PubDate: 2016-01-01T00:00:00Z
       
  • The regulation of executive remuneration in South Africa
    • Authors: Vela Madlela; Palollo Michael Lehloenya
      Abstract: Executive remuneration is one of the essential aspects of corporate governance that has attracted increasing attention in corporate circles and beyond in recent years. This comes in the wake of the global financial crisis of 2008 and the executive remuneration packages that are spiraling out of control. The increasingly excessive payments companies and financial institutions make to their management teams have given rise to growing consensus that executive remuneration needs to be controlled and regulated. Included among the identified causes of the problem are inter alia lack of transparency and accountability in determining executive remuneration, conflict of interests among those who determine executive remuneration, misalignment of management and shareholder interests, as well as inadequate protection of shareholder governance rights. The primary object of this paper is to examine the adequacy of the current regulatory framework in South Africa in addressing the challenges relating to executive remuneration. It further takes cognisance of the need for companies to achieve an appropriate balance between adequate regulation and the necessary flexibility in responding to the needs of different companies. The paper also makes proposals for reforming the current regulatory framework in a way that promotes fairness, transparency and accountability in executive remuneration.
      PubDate: 2016-01-01T00:00:00Z
       
  • Serious injury claims rejected by the Road Accident Fund : the appeal
           process
    • Authors: M. Slabbert
      Abstract: The Road Accident Amendment Act came into effect in 2008. This Act limits the Road Accident Fund's liability for compensation in respect of claims where serious injuries have been sustained. In the event of the Road Accident Fund rejecting a serious injury claim the appeal process is prescribed by the regulations to the Act. The disputed case has to be referred to an Appeal Tribunal under the auspices of the Health Professions Council of South Africa. The Tribunal faces many challenges despite the fact that the use of the AMA Guides is intended to yield objective and consistent findings.
      PubDate: 2016-01-01T00:00:00Z
       
  • DNA processing contemplated in the Criminal Law (Forensic Procedures)
           Amendment Act 37 of 2013 and the constitutional right to privacy
    • Authors: Izette Knoetze; Lilla Crouse, Izette Knoetze Lilla Crouse
      Abstract: The article focuses on the provisions of the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013, which established the National Forensic DNA Database (NFDD) of South Africa. The implications of DNA taking, retention, and profiling on an individual's constitutional rights are discussed with special reference to the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). The value of DNA evidence in combating crime is not disputed. Policies relating to the parameters of the database and the duration of DNA storage are also highlighted. It is submitted that the different categories of expungement of DNA samples and profiles raise constitutional issues. The article also deliberates whether there is adequate awareness of rights and adequate resources to ensure the proper destruction or expungement of DNA samples. Although the writers are prima facie of the opinion that the individual's right to privacy is not violated by the abovementioned Acts, only time will tell whether this opinion is correct.
      PubDate: 2016-01-01T00:00:00Z
       
  • Corporate law : mandatory offer regime in need of precise exemptions and
           leeway
    • Authors: Paul Nkoane
      Abstract: Mandatory offers are generally envisioned to curb unfair and abusive conduct during and after acquisition of securities in a regulated company. The regime is designed to offer minorities an opportunity to exit the company during takeovers. Mandatory offers are formulated to regulate all acquisitions in the range of the prescribed percentage. Only where the Panel exempts an offeror will the transaction not be covered by the rules of mandatory offers. In keeping with the purpose of the Companies Act, this article is intended to indicate that clear and precise exemptions must form an integral component of this regime.
      PubDate: 2016-01-01T00:00:00Z
       
  • Classifying objects in space according to South African property law
    • Authors: W. Erlank
      Abstract: Traditionally, objects were classified according to their relation to man or according to their own nature. The classical division according to their relation to man relates to the question of whether something is susceptible to private ownership or not. This aspect is of cardinal importance when it comes to objects in space. This results in the need for a further distinction between things that are classified as being in commerce (res in commercium) and things that are outside of commerce (res extra commercium). After a thorough investigation it is determined that heavenly bodies, such as the Moon, as well as smaller bodies, such as asteroids, can be classified as objects of property law falling within commerce - if the required characteristics are present, and taking into consideration that the current prohibition on appropriation of heavenly bodies will either be discarded in future, or at the very least be interpreted in such a way as to allow for appropriation in certain instances. These characteristics are corporeality, external to persons, independence, appropriability/susceptibility to human control and use and value. Therefore it can be surmised that in terms of property law, it is possible to acquire ownership of heavenly bodies and other objects in space, and that these objects can be classified in terms of South African property law.However, the following (from the conclusions) flows more satisfactorily for the author - one makes the choice:By turning to the foundational aspects of property law as found in South African property law, large celestial bodies, such as the Moon, as well as smaller bodies, such as asteroids, can be classified as objects of property law falling within commerce - if the required characteristics (corporeality, external to persons, independence, appropriability/susceptibility to human control, use and value) are present. When these are present, it would follow that it would be possible to acquire a heavenly body, object in space, or part thereof by means of occupation of a res nullius. Even in cases where certain categories of things have been designated as being unappropriable, or outside of commerce (res extra commercium) due to historical reasons, the possibility exists that by exerting effective control over the object, it can be reclassified as being appropriable and hence inside of commerce (res in commercio). In addition to this classification of celestial bodies as falling inside of commerce and having the characteristics of objects, the discussion of their division according to their nature, being corporeal or incorporeal, movable or immovable, divisible and indivisible, consumable and non-consumable, fungible and non-fungible, and singular and composite, has revealed that even in terms of this classification, heavenly bodies could in fact fall squarely within the confines of property law, and can therefore be regarded as objects of property law even in cases where they do not fall into the narrow classification of "things".
      PubDate: 2016-01-01T00:00:00Z
       
  • The link between replacement labour and eruption of violence during
           industrial action
    • Authors: Mlungisi Tenza
      Abstract: The use of replacement workers during strikes has been a cause for concern in recent years. Since industrial action often becomes violent, the question that arises is whether the use of replacement labour can be one of the factors that contributes to the eruption of such violence. This article investigates whether there is a link between the use of replacement labour and the eruption of violence during a strike. In doing this, the author refers to certain instances where such use has resulted in friction between striking employees and replacement workers. Strikers believe that the use of such workers robs them of their weaponry of strike. The argument goes on to say that such use enables the employer to not commit faithfully to negotiations because he or she does not feel the economic harm that the employees want to inflict, as he or she is able to continue with production or delivery, while the former suffer from the "no work no pay" rule. The article argues that in the presence of the provision in the Labour Relations Act that permits employers to use such workers, the relations between employers and unions will remain unhealthy, if not tense. The article further argues that such use will have the effect of protracting negotiations and delay dispute settlements. As a result, it is suggested that the relevant clause be removed from the Labour Relations Act.
      PubDate: 2016-01-01T00:00:00Z
       
  • Investigating parental alienation as a form of domestic violence, child
           abuse and harassment : a legal hypothesis : note
    • Authors: Charnelle Van der Bijl
      Abstract: "Parental Alienation Syndrome" is the term created by a psychiatrist, Gardner, to explain the phenomenon where, to get sole custody, one parent attempts to brainwash their child into rejecting the other parent - a situation often encountered during (but not limited to) custody disputes (Gardner Family Evaluation in Child Custody Mediations. Arbitration and Litigation (1989) 233; Gardner The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals (1998) 73-74; Turkat "Parental Alienation Syndrome: A Review of Critical Issues" 2002 18 J. Am. Acad. Matrimonial Law 131 133-134; Nichols "Towards a Child-centered Approach to Evaluating Claims of Alienation in High-conflict Custody Disputes" 2014 112 Michigan LR 663 664-665; and Berg "Parental Alienation Analysis, Domestic Violence, and Gender Bias in Minnesota Courts" 2011 29 Law & Ineq 5 and 7). Parental alienation is a broader term, which encompasses parental alienation syndrome and incorporates the neglect, emotional abuse of a child (Berg 2011 29 Law & Ineq 8). Parental alienation tends to focus on the conduct of the parent, whereas parental alienation syndrome is more concerned with the conduct of the child (McGlynn "Parent and Child-custody and Control of Child: Parental Alienation: Trash Talking the Non-custodial Parent is Not Okay" 2001 77 North Dakota LR 525 533).
      PubDate: 2016-01-01T00:00:00Z
       
  • Private international law of contract in Angola and Mozambique : note
    • Authors: Rui Dias; Carl Friedrich Nordmeier
      Abstract: The Republic of Angola and the Republic of Mozambique are two of five countries on the African continent with Portuguese as an official language (the others being Cabo Verde, Guinea-Bissau and São Tomé and Príncipe). Regarding their independence from Portugal, they share a relatively similar history. In consequence of the Portuguese Carnation Revolution (Revolução dos Cravos), which was initiated 25 April 1974, Angola became independent on 11 November 1975 and Mozambique on 25 June 1975.
      PubDate: 2016-01-01T00:00:00Z
       
  • Regulating the termination of employment of absconding employees in the
           public sector and public education in South Africa : a preliminary view :
           note
    • Authors: Adriaan Van der Walt; David Abrahams Thanduxolo Qotoyi
      Abstract: South Africa is a constitutional democracy with a justiciable Bill of Rights. Section 23(1) of the Bill of Rights entrenches the right to fair labour practices. National legislation, including the Labour Relations Act 66 of 1995 (LRA), gives detailed context to the constitutional right to fair labour practices, including the right not to be unfairly dismissed, provided for in section 185(a). In terms of section 186(1) of the LRA a dismissal means "an employer terminated a contract of employment with or without notice".Section 188 provides further that a dismissal that is not automatically unfair, is unfair if the employer fails to prove that the dismissal is for a fair reason related to the employees conduct, or capacity, or based on the employer's operational requirements, and the dismissal had been in accordance with a fair procedure. These provisions give effect to the Termination of Employment Convention 158 of the ILO (see in particular articles 3 to 14) and the constitutional right to fair labour practices contained in section 23(1) of the Constitution.
      PubDate: 2016-01-01T00:00:00Z
       
 
 
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