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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 ...
The requirements for a valid pactum successorium in an antenuptial contract: the curious case of Radebe v Sosibo NO
(Juta Law, 2012)
This note discusses some remarks made in Radebe v Sosibo NO 2011 (5) SA 51 (GSJ) (hereafter the Radebe case) - a matter heard on appeal in the South Gauteng High Court. The case dealt, in essence, with the question whether ...
A few comments on the (possible) revival of the customary law rule of male primogeniture : can the common-law principle of freedom of testation come to its rescue?
(Juta, 2014)
The customary law rule of male primogeniture has been declared unconstitutional and invalid, and legal sources of the common law of succession have been tailored to provide for the devolution of estates which were formerly ...
Islamic finance: a corollary of legal pluralism or legal diversity in South Africa and the Netherlands?
(Institute of Foreign and Comparative Law, 2015)
In this contribution we discuss the position of Islamic finance in South
Africa and the Netherlands in the light of legal pluralism and legal diversity
in each legal system. Islamic finance is based on Islamic law, which ...
Institutionalisation of African traditional medicine in South Africa: healing powers of the law?
(Unisa (College of Law), 2011)
In line with global trends in law and domestic realities the South African government has been one of the few “new” nations to make significant progress in including traditional health practice in the mainstream healthcare ...
In the name of comparative constitutional jurisprudence: the consideration of German precedents by South African constitutional court judges
(German Law Journal (GLJ), 2013)
No abstract available
Begrafnisregte in die konteks van die Afrika-gewoontereg en die rol van die testamentopsteller
(LitNet, 2012)
Religious and cultural practices and values play an important role in funerals and how they should be conducted. This creates considerable conflict between heirs and family members, especially those living under a system ...