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This study examines the shortcomings in the Community Schemes Ombud Services Act's implementation in South Africa to eradicating lawlessness. This revolutionary legislation aims to close the wealth gap between South Africans, ...
The study comparatively scrutinised creditor protection mechanisms entrenched in South African Corporate law to determine their effectiveness in advancing creditor interests in company affairs. The enquiry was triggered ...
The adoption of the new constitution in 2013 led to the constitutionalisation of public procurement in Zimbabwe. The Constitution is the principal source of law in Zimbabwe. This set in motion a series of legislative reforms ...
This mini-dissertation examines the phenomenon of parental alienation (hereinafter referred to as PA) within a family law context and conducts a comparative legal analysis of the existing legal mechanisms available in South ...
This study explores the historical treatment of pension benefits preceding the introduction of the clean break principle. It delves into the developments leading to the codification of this clean break principle concerning ...
The domestic violence phenomenon is a vexatious issue in many societies across the world today. In South Africa, it is a compelling problem that the country’s law system and communities grapple with daily. Hence, domestic ...
Although the Recognition of Customary Marriages Act 120 of 1998
(RCMA) contains provisions to ensure equality between the spouses
in a customary marriage, the RCMA has serious deficiencies that are
detrimental to the ...
The stated goals of international trade agreements have increasingly included provisions pertaining to the achievement of sustainable development. The thesis discusses the concept of sustainable development in the context ...
Whilst a signature is not a formality in our law in order for a valid and binding
transaction to be concluded, it is invariably appended to identify the signatory, affirm
the signatory's intention to append his/her ...
The Children’s Act 38 of 2005 lacks a detailed guideline that governs the local relocation of a co-parent and child, post-divorce or separation, within the borders of South Africa. Local relocation could either be relocation ...
Section 159 of the South African Companies Act 71 of 2008 regulates corporate whistleblowing in companies registered under the act. This article critically evaluates section 159 to ascertain whether it adequately protects ...
This note critically analyses the judgment in Miller v Natmed Defence (Pty) Ltd
2022 (2) SA 554 (GJ), in which the court ruled on the validity of the removal of a
director by the company’s sole shareholder. Three issues ...
Delegation by directors and reliance on third parties is an important practical issue. Directors unlawfully delegating their powers or relying on third parties could face serious consequences, such as liability for breach ...
There has been a progressive shift in shareholder activism in South Africa as shareholder demands for greater levels of accountability, reasonable executive remuneration and disclosure and transparency are increasing. ...
The Maintenance Act 99 of 1998 currently only provides for the recovery of arrear maintenance and the enforcement thereof but does not provide for an applicant to claim for future maintenance. The courts have tried to fill ...
Recognition and enforcement of foreign child support orders are characterised by persistent difficulties because, in most cases, child support orders are required to be re-evaluated over time because of changed circumstances. ...