Feature Articles

Muslim widows’ right to inherit renounced benefits from their husband’s estate

By Clement Marumoagae Historically, the South African public policy was crafted on Eurocentric ideals, which regarded everything that was not in line with western and Christian moral values as invalid […]

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A right to consular assistance: Some general observations

In June 2018, the media was abuzz about 51 young South Africans who had been detained by the authorities in China after having found themselves embroiled in a visa scam. […]

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Does SA have the required framework for mutual legal assistance and extradition?

By Mohammed Moolla It is generally accepted that once a crime has been committed, it should be investigated, the perpetrator should stand trial and on conviction be punished for their […]

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Determining the crime for concealment of birth

As an assessor in the High Court for approximately ten years after my formal retirement in 2010, the experience of confrontation with legal issues has exposed me to prosecutions and […]

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Is the Road Accident Fund’s litigation in urgent need of review?

By Prof Hennie Klopper The Road Accident Fund (RAF) regularly laments its precarious financial position and has consistently blamed legal practitioners for this. One of the RAF expenses that had […]

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Obscurity on the issue of filing security in review applications

  By Vishal Ramruch The Labour Relations Act 66 of 1995 (LRA) was amended to include subs (7) and (8) into s 145, with effect from 1 January 2015. These […]

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Is the state obliged to provide Internet access to detainees?

By Daniël Eloff Persons who are detained or arrested have certain rights under the Constitution. One such right is the right of an arrested and/or detained person to consult with […]

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Trust account advocates – can they be admitted to the roll of notaries and conveyancers?

By Sydney Mosoane In terms of the Legal Practice Act 28 of 2014 (LPA) both advocates and attorneys are referred to as legal practitioners. For the purposes of this article, […]

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The basic structure doctrine: A challenge to expropriation without compensation?

By Martin van Staden In February 2018, Parliament adopted a resolution in support of the concept of expropriation of private property without compensation. The resolution, among other things, directed the […]

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Applying Uniform r 23 into the landscape of tax litigation

By Dr Fareed Moosa Tax courts are created by s 116(1) of the Tax Administration Act 28 of 2011 (TAA). As such, by virtue of s 166(e) of the Constitution, […]

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