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Water Security and the Right to Water in Southern Africa: An Overview
(2017-01-05)
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 ...
Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines
(2017-10-17)
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 ...
Rights discourse and practices, everyday violence and social protests: who counts as subject and whose lives are real in the neo-colonial South African nation state?
(University of the Western Cape, 2014)
I seek to provide an explanation for the disjunction between the lived realities of marginalised, displaced and impoverished collectivities in the neo-colonial South African nation state and the language, politics and ...
Driving corporate social responsibility through Black economic empowerment
(University of the Western Cape, 2014)
Motivated by the imperative to redress the imbalances caused by economic exclusion, government has taken remedial measures and established a framework aimed at empowering Black South Africans. Government's commitment to ...
Die opskorting van omgewingsgedinge in insolvensie
(Juta, 2014)
One of the goals of environmental law is the immediate clean-up, remediation and restoration of environmental damage, the compensation of such damage and to attribute the obligation to pay for the costs of the clean-up to ...
A critique of the unemployment insurance amendment bill, 2015
(2015)
The contribution critically reflects on the proposed amendments to the Unemployment Insurance Act 63 of 2001 (the UIA / the Act), introduced via the provisions of the Unemployment Insurance Amendment Bill of 2015 (B25-2015). ...
The pursuit of sustainable development through cultural law and governance frameworks: a South African perspective
(2015)
The idea of including a cultural dimension in development policies has become the focus of international scholarly and policy debates. Analysing and conceptualising the role of culture in the sustainable development context ...
The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)
It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ...
A family home, five sisters and the rule of ultimogeniture: comparing notes on judicial approaches to customary law in South Africa and Botswana
(Juta, 2016)
Given the striking commonalities between the legal systems of South Africa and Botswana, both in terms of its common and customary law, and considering the propensity of the Botswana courts to engage with South African ...
Legal reception in the AU against the backdrop of the monist/dualist dichotomy
(Institute of Foreign and Comparative Law, 2015)
The relationship between international and domestic law is traditionally
viewed through the lens of the monist/dualist dichotomy. While monists
view international and domestic law as two sides of the same coin and
therefore ...