South African Law Journal - AZ
- Judicial intervention and the call to transformative constitutionalism in the context of consumer law, debt collection and the National Credit Act: Bayport Securitisation Ltd v University of Stellenbosch Law Clinic
- Can a trust be regarded as a person for purposes of a double-taxation agreement to which South Africa is a party?
- Which transactions trigger a right of first refusal or preferential right to contract?
- Blind justice? Forensic science and the use of Closed Circuit Television images as identification evidence in South Africa
- Evicting Unlawful Occupiers for Health and Safety Reasons in Post-Apartheid South Africa
- Notes: State privilege, protection of information and legal proceedings
- Breaking the tie: Evictions from private land, homelessness and a new normality
- The role of public policy in the law of contract, revisited
- Contesting the Removal of a Director by The Board of Directors Under the Companies Act
- Judicial discretion in derivative actions under the Companies Act of 2008
- 'Unexpected terms' and caveat subscriptor
- Customary international law is law in South Africa — Now what? Analysing the courts’ identification and application of customary international law over the last decade
- Arbitrary deprivation of property: An argument for the payment of compensation by the state in certain cases of unlawful occupation
- Rooftop Solar Panels: Movable or Immovable?
- On the Legal Effects of Unlawful Administrative Action
- Evangeline's search: A critical analysis and comparison of Mareva injunctions, security arrests and Rule B attachments
- The use of black and grey lists in unfair contract terms legislation in comparative perspective
- Notes: The balance between certainty and flexibility in horizontal and vertical stare decisis: Bosch v Commissioner for the South African Revenue Service
- Using eviction to combat housing-related crime and anti-social behaviour in South Africa and the Netherlands
- The realization of children's rights to participate in selected medical decisions in South Africa
- Notes: Reconciling the state's duties to promote land reform and to pay 'just and equitable' compensation for expropriation
- Delict, contract, and the Bill of Rights: A perspective from the United Kingdom
- Intellectual property and the abuse of dominant position in South African Competition law
- Whose decisis must we stare?
- Breach of Contract, Enrichment Liability and the Double Sale
- Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act
- Computer programs and copyright: The South African perspective
- Suing anonymously: When is the personal price to pay for justice too high?
- Notes: 'Whatever I acquire will be mine and mine alone': Marital agreements not to share in constitutional South Africa
- Notes: Issues relating to the regulation of 'distributions' by the 2008 Companies Act
- Enforcement procedures in respect of the consumer's right to fair, reasonable and just contract terms under the Consumer Protection Act in comparative perspective
- The Blue Moonlight Remedy: Formulating the voucher scheme into a new emergency housing remedy in South Africa
- Notes: Striking a balance between the will of the people and the supremacy of the Constitution
- Feasibility constraints and the South African Bill of Rights: Fulfilling the constitution's promise in conditions of scarce resources
- Notes: Open justice and beyond: Independent Newspapers v Minister for Intelligence services: In re Masetlha
- Notes: Furnishing security for costs by an incola company — At last some legal certainty, or more confusion? Boost Sports Africa (Pty) Ltd v South African Breweries (Pty) Ltd (SCA)
- Notes: The Constitutional Court loses its (and our) sense of humour: Le Roux v Dey
- Notes: Should the doctrines of the 'undisclosed principal' or 'piercing the corporate veil' determine the locus standi of a party to sue in terms of a contract? The conundrum of Botha v Giyose t/a Paragon Fisheries
- Engaged citizenship and the enabling state as factors determining the interference parameter of property: A comparison of German and South African law
- The meaning of 'prescribed officers' under the Companies Act 71 of 2008
- Notes: From crude environmentalism to sustainable development: Fuel Retailers
- What’s Good for the Goose is Good for the Gander — Warrantless Searches in Terms of Fiscal Legislation
- Notes: Accountability, contextualisation and the standard of judicial review of affirmative action: Solidarity obo Barnard v South African Police Services
- Mental capacity as an element of testamentary capacity
- Protecting the vulnerable from 'property grabbing': The reality of administering small estates
- The Trade Requirement Is Obsolete For Tax Purposes
- Notes: Misrepresentation in Consumer Insurance: The United Kingdom legislature opts for a 'reasonable consumer' standard
- Notes: 'Taxi! Taxi!' — the protection of car shapes in intellectual property law
- The abandonment of landownership in South African and Swiss law
- Workplace bullying in the legal profession
- On equating ‘mays’ with ‘musts’: When can a discretionary power be interpreted as a mandatory one?
- Price Reduction as a Generalised Remedy for Breach of Contract
- Administrative law in public-sector employment relationships
- Employees' rights to discretionary benefits
- Notes: University protests, specific performance, and the public/private-law divide
- Notes: Jail house rocks — The courts strum different tunes for incarcerated employees
- The interdependence of rights to health and autonomy in South Africa
- Customary international law is law in South Africa — Now what? Analysing the courts’ identification and application of customary international law over the last decade
- The consumer's 'right to fair, reasonable and just terms' under the new Consumer Protection Act in comparative perspective
- Notes: The issue of shares is not 'expenditure' for the purposes of the Income Tax Act: Commissioner, South African Revenue Service v Labat Africa Ltd
- Private ordering and dispute resolution
- 'In the beginning was the word': The role of text in the interpretation of statutes
- The Common Law’s Cool Ideas for Dealing with MS Hubbard
- South Africanizing company law for a modern competitive global economy
- Judicial intervention and the call to transformative constitutionalism in the context of consumer law, debt collection and the National Credit Act: Bayport Securitisation Ltd v University of Stellenbosch Law Clinic
- Compulsory debt reorganisation in South African mortgage law: A 'sharing' remedy
- Property on the line: Is an expropriation-centered land reform constitutionally permissible?
- Taxpayer insolvent estates: Constitutional juristic persons?
- In defence of affirmative action in South Africa
- Towards a rational structure of liability for unjustified enrichment: thoughts from two mixed jurisdictions
- Conservation of traditional values vis-à-vis the dependant’s action for loss of support in customary law — ‘go tsoša/tsosa hlogo’
- Administrative justice and social assistance
- Notes: Adjudicating Affirmative Action Within a Normative Framework of Substantive Equality and the Employment Equity Act — An Opportunity Missed? South African Police Service v Solidarity obo Barnard
- Notes: Observations on the impact of the 2008 Companies Act on the doctrine of constructive notice and the Turquand rule
- The nature of new order prospecting rights and mining rights: A can of worms?
- Notes: Pie in the sky: Where is the constitutional framework in high court eviction proceedings? Marlboro Crisis Committee & others v City of Johannesburg
- Notes: Three keys to defamation: Media 24 in a comparative perspective
- Can reasonableness protect the poor? A review of South Africa's socio-economic rights jurisprudence
- Notes: You're fired! The removal of directors under the Companies Act 71 of 2008
- Big brother and the holding company: Ministerial consent to dispose of indirect controlling interests in mining companies
- 'Delinquent directors' and 'directors under probation': A unique South African approach regarding disqualification of company directors
- The Distinction Between the Governing Law and the Incorporation By Reference of Contractual Terms in International Contracts
- Staring into voidness — Courts grapple with arbitration clauses in tainted contracts
- Judicial review, administrative power and deference: A view from the bench
- The requirement of excusable mistake in the context of the condictio indebiti: Scottish and South African law compared
- Ten-year anniversary of the Maintenance Act 99 of 1998 — A time to reflect on improvements, shortcomings and the way forward
- A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa
- Development, the right to the city and the legal and constitutional responsibilities of local government in South Africa
- The legal nature of the trust for debenture-holders in South African law: An efficacy-based approach
- Ensuring proportionate state resource allocation in socio-economic-rights cases
- An Analysis of Security Rights To Secure the Repayment of Loans In South African Law
- Notes: The overcomplicated interpretation of the word ‘may’ in sections 129 and 123 of the National Credit Act
- State liability in South Africa: A more direct approach
- Notes: Pre-incorporation contracts: Statutory reform
- Agreements to agree: Can there ever be an enforceable duty to negotiate in good faith?
- Bricks in the wall or the spice of ‘good life’? Independent schools in South African law
- Illegal Contracts and the Burden of Proof
- Negotiating social change in the shadow of the law
- Simulated transactions and the fraus legis doctrine
- Notes: That 'devilish little point' — The impact of section 6(1) of the Trust Property Control Act 57 of 1988 on the capacity of trustees to contract, sue, and be sued: Lupacchini No & Another v Minister of Safety and Security