This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the ...

The discourse surrounding the punishment of offenders within a society reveals much about the particular ideological underpinnings of power within that society. Penal discourse within colonial societies is particularly ...

The Southern African region's water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing ...

In terms of section 30 of the Restitution of Land Rights Act 22 of 1994, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether ...

When a party refers to evidentiary material in the course of litigation, ordinarily this party is under an obligation to make this evidence available to his opponent, particularly when called upon to do so. However, over ...

Section 79 of the Criminal Procedure Act 51 of 1977 provides for the appointment of mental health professionals to assess an accused’s fitness to stand trial and/or criminal capacity if the court orders such an enquiry in ...

Armed violence and genocide are among the on-going problems that are still facing contemporary Africa and the world. In the aftermath of the outrages, devastation and appalling carnage of the Second World War, member states ...

Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African ...

In contemplating the extent to which rights-based litigation is conducive to positive social change, attention ought to be paid to the bureaucratic impact of court judgments that vindicate rights against the State. As a ...

As far back as the early twentieth century the Appellate Division in Cassiem v Standard Bank of SA Ltd, held that: “We are bound by the English rules of evidence and the question has therefore to be decided according to ...