Generally, traditional "marriages" according to Islamic custom are void in South African law because they are potentially polygynous and do not comply with the formalities
prescribed by the Marriage Act 25 of 1961 . A valid concern for those who oppose polygyny is that it may enforce and promote gender inequality in that it is practised [...]
The Child Justice Act 75 of 2008 establishes a separate criminal justice system for child offenders, which is mainly aimed at diverting child offenders from the formal criminal
justice system. However, when diversion is not feasible, convicted child offenders have to be sentenced in child justice courts. [...]
One of the most serious challenges facing South Africa currently is the high rate of violent crime as well as violent protests. The police are tasked and empowered by the Constitution
as well as statutes to prevent, combat, investigate, cope with and control such criminal behaviour. [...]
Information access and protection of privacy (IAPP) laws sound like a contradiction in terms. However, both are internationally and constitutionally recognised rights as neither
is accorded greater importance than the other. This raises a number of questions: ‘Does the right of access supersede the right to forget?’; ‘Does the privacy [...]
This thesis explores the use of domicilium as a criterion in choice of law and jurisdiction in South African law with special reference to private-law status. In this area
of the law adherence to the status theory has, in the recent past, resulted in the use of domicile as an exclusive ratio jurisdictionis. [...]
Botswana has a peculiar legal system. It is a former British protectorate, yet the British never introduced their own laws into the country. Instead Botswana was made to apply
the law of the Colony of the Cape of Good Hope. Notwithstanding this development, that law indirectly incorporated English law, and this made the applicable law a [...]
The central hypothesis of this thesis is that the universal fundamental right to adequate housing must be equally enforced by all states irrespective of its non-entrenchment
as a constitutional, legislative and/or policy entitlement. Despite being a minority, poor Canadians still face the same sordid living conditions that the majority [...]
Many people might think that downloading music without paying for it is not a big issue. Copyright owners disagree with this kind of reasoning because to them, music is intellectual
property with substantial commercial value. Copyright law is the primary form of protection for intellectual property and is based on the fundamental principle that [...]
Hierdie proefskrif handel oor aspekte van inaedificatio (bebouing) in die Suid-Afrikaanse, Engelse en Nederlandse reg. Die klem val op die maatstawwe wat aangewend word om
te bepaal of aanhegting van ‘n roerende saak aan ‘n onroerende saak plaasgevind het. [...]
This study explores several South African cyber laws by comparing them to international precepts of the UK and the US, and determines how they impact on extraditions. The extradition
process is largely governed by the dual criminality principle and compliance with the international obligations before a person can be extradited, irrespective of [...]