Feature Articles

Is cultural male circumcision compatible with international children’s rights?

By De Niro Koffman The matter of male circumcision has become a contentious issue within the international community insofar as it involves the circumcision of minors. Considering South Africa (SA) […]

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Is South Africa’s anti-money laundering and counter terrorism financing regime effective?

By Nkateko Nkhwashu The Financial Action Task Force’s (FATF) International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation (FATF Recommendations) (www.fatf-gafi.org, accessed 9-4-2018) have been constantly […]

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Amendments of rules in line with constitutional rights to adequate housing

By Michael Lombard The development of the new rules was initiated by jurisprudence when the right to adequate housing (s 26 of the Constitution) was acknowledged in the Jaftha v […]

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A critical evaluation of the RABS Bill and the common law right to delictual claims

By Prof Hennie Klopper In April 2017 the Minister of Transport gave notice in the Government Gazette (GenN 302 GG40788/18-4-2017) of the intention to introduce the Road Accident Benefit Scheme […]

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Access denied: Spoliation as remedy to director denied access to workplace

By Nicholas Mgedeza Legal disputes are cropping up everywhere all the time. This is discernible by the many matters on our court rolls. Let me hasten to say one needs […]

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Organs of state seeking a review of own decision: A question of legality or PAJA?

By Thenjiwe Vilakazi On 14 November 2017, the Constitutional Court (CC) determined for the first time whether the Promotion of Administrative Justice Act 3 of 2000 (PAJA) applies when an […]

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Excessive pricing to the detriment of consumers

By Mfundo Ngobese The definition of ‘excessive price’ in s 1 of the Competition Act 89 of 1998, as amended (the Act), is a price that ‘bears no reasonable relation […]

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The genesis of the ‘Gupta clause’ within the financial regulatory framework of South Africa

By Nkateko Nkhwashu It is a trite principle of law in South Africa (SA) that banks are not legally compelled to give reasons for terminating relationships or closing customers’ accounts. […]

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The impasse of reserved costs – the winning party does not take it all

By Beverly Shiells There seems to be a misconception among colleagues that the winning party is ultimately entitled to all costs incurred in an action or application and that such […]

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Navigating the digital divide: Internet access a human right?

By Martin van Staden Since the inception of the ‘#DataMustFall’ movement in 2016, the notion that Internet access is a human right that must be guaranteed by government has become […]

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