South African Law Journal - AZ
- The South African Constitution and the human-rights obligations of juristic persons
- Forfeiting proceeds: Civil forfeiture, the right to property and the Constitution
- A critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd
- Sources of legal indeterminacy
- On equating ‘mays’ with ‘musts’: When can a discretionary power be interpreted as a mandatory one?
- Form and substance in the Constitutional Court: Whither contract law’s policy after apartheid?
- Intervention in South African municipalities: Dangers and remedies
- Problems relating to the formation of online contracts: A South African perspective
- The quest for ‘reasonable certainty’: Refining the justice and equity remedial framework in public procurement cases
- Disclosure of corporate political donations and expenditure to shareholders: Why South Africa should follow the United Kingdom’s legislative approach
- A legal fallacy? Testing the ordinariness of ‘ordinary meaning’
- Slapping down SLAPP suits in South Africa: The need for legislative protection and civil society action
- Empowering rural women crafters in KwaZulu-Natal: The dynamics of intellectual property, traditional cultural expressions, innovation and social entrepreneurship
- 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 importance of a legislative framework for co-operation and collaboration in the Twin Peaks model of financial regulation
- On equating ‘mays’ with ‘musts’: When can a discretionary power be interpreted as a mandatory one?
- Time for Cinderella to go to the ball: Reflections on the right to freedom of scientific research
- A decolonial legal method
- A Hohfeldian analysis of the Bill of Rights
- Problems relating to the formation of online contracts: A comparative perspective
- Taxation of legal costs: Is a cost creditor shielded by legal professional privilege?
- The development, successes and shortcomings of the South African legal system
- The legal status of human biological material used for research
- What are the duties (if any) of retirement funds boards which are requested by employers to withhold members’ retirement benefits?
- ‘Why can’t I discipline my child properly?’ Banning corporal punishment and its consequences
- The intersection between taxation and insolvency — The South African Revenue Service’s preference
- Tax and transfer pricing: Determining the meaning of ‘associated enterprises’ in South African domestic law
- Where do we belong? The plight of plaintiffs with small maritime claims
- Section 45 of the Tax Administration Act: An unconstitutional limitation on taxpayer privacy?
- Reflecting on the tension between the development of the common law and the doctrine of separation of powers in Paulsen v Slip Knot Investments 777 (Pty) Ltd
- Mater semper (in)certus est: A South African perspective on McConnell v Registrar General for England and Wales
- Civil prospectus liability under the laws of Germany and South Africa
- Guilty of being deaf. Kruse v S — paying lip service to the fair-trial rights of hearing-impaired accused persons
- Summary judgment — Quo vadis?
- The Insolvency Act’s deviation from the common law: Juristic ghost or aggregate approach?
- Evidentiary and procedural issues relating to the Prevention of Organised Crime Act
- Procedural fairness, executive decision-making and the rule of law
- Let the people speak! Resisting the erosion of the right to public participation in the wake of The Federation of Fly Fishers v The Minister of Environmental Affairs
- International best practice and a revised Code for Responsible Investing in South Africa
- Shape up or ship out! — On establishing that a shape has ‘acquired distinctiveness’ for trade mark purposes
- 'Miserable, laborious, and short': The lives of animals
- Affording post-relationship rights to unmarried intimate life partners in South Africa — A comparative analysis of the legal position
- Third time lucky? Provincial intervention in the Makana Local Municipality
- A decolonial legal method
- Property and access: Inequality of land relations and the continued vulnerability of women
- The application of the doctrine of informed consent in South African medical law: Reflections on significant developments in the case law
- The classification of a ‘maritime claim’ in South Africa under the Admiralty Jurisdiction Regulation Act
- Exploring the idea that increasing profits is a legitimate operational requirement: Revisiting a twenty-year-old impulse
- Re-asserting the doctrinal legal research methodology in the South African academy: Navigating the maze
- The regulation of health-related direct-to-consumer genetic tests in South Africa by the Medicines and Related Substances Act
- A legislative framework for shareholder approval of political donations and expenditure by companies in South Africa
- Footing the (wage) bill: Reasoning, remedies, and National Education, Health and Allied Workers Union v Minister of Public Service and Administration (CC)
- Lawful act duress
- The right of ‘interested parties’ to be heard during an anti-dumping investigation conducted by the National Treasury on behalf of the Minister of Finance
- Blood and breath alcohol test results: Uncertainty at the interface of science and law
- Wrongfulness in the South African law of defamation
- Opposing cynical evictions: The possessory action
- ‘I beg to differ’: Are our courts too agreeable?
- The appealability of decisions to certify class actions: Where are we now? A proposed approach after Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd (WCC)
- When is discrimination unfair? A relational reconstruction of the Constitutional Court’s dignity-based approach
- Clarifying the constitutional status of the National Prosecuting Authority
- The rights of municipalities under section 118 of the Local Government: Municipal Systems Act in the case of land expropriation
- Dolus eventualis: An endangered colonial species
- 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
- Clearing the CRISPR patent landscape: Towards a solution for South Africa
- Practical implications for the electoral system: New Nation Movement NPC v President of the Republic of South Africa
- Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act
- The many shades of intolerability in the workplace
- A comparative analysis of the Twin Peaks model of financial regulation in South Africa and the United Kingdom
- Common-law avoidance
- The legal nature of performance reconsidered
- Hyperlinking and copyright
- Workplace bullying in the legal profession
- The evidentiary value of an accused’s invocation of the pre-trial and trial right to silence through Anglo-American case law
- Should the Electronic Communications and Transactions Act be amended to include electronic signatures for the sale of immovable property in South Africa?
- Sexual abuse of pupils by teachers in South African schools: The vicarious liability of education authorities
- What are the duties (if any) of retirement funds boards which are requested by employers to withhold members’ retirement benefits?
- A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa
- Reconceptualising redistribution of land in South Africa: A possible legal framework
- The legal status of human biological material used for research
- Reimagining the right to engage in commercial activity on another's land as a positive trading servitude
- Identification parades in South Africa — Time for a change?
- Form and substance in the Constitutional Court: Whither contract law’s policy after apartheid?
- An introduction to proof in South Africa
- Staring into voidness — Courts grapple with arbitration clauses in tainted contracts
- Constitutional futures and the South African demos: Time for some univocal sovereignty?
- Bolstering creditor and shareholder protection under the South African and Zimbabwean amalgamation or merger regulatory regimes: Suggestions for company-law reform
- The crisis of criminal justice in South Africa
- The nature and features of ‘unused old order rights’ under the MPRDA revisited: The story of Gouws’ farm
- Coercive and controlling behaviour in the Domestic Violence Act
- Geographical indications: The cuckoo in the IP nest
- A critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd
- When the legal pathways for sound financial management and spatial justice collide: The case of South African cities
- A superfluous concept? The inherent jurisdiction of the South African superior courts as upper guardians of children
- Blood and breath alcohol test results: Uncertainty at the interface of science and law
- ‘Privacy by design’ in the EU General Data Protection Regulation: A new privacy standard or the Emperor’s new clothes?
- Procedural justice as a feature of transformative substantive equality: Critical notes on Social Justice Coalition v Minister of Police (CC)
- Transforming age-related capacity for fault in delict
- The oath in labour arbitrations: Critiquing an arbitrator’s prerogative to swear in witnesses
- Do Islamic-law wills contravene the common-law prohibitions against delegation of testamentary powers and incorporation by reference?
- Opposing cynical evictions: A framework of appropriate remedies
- The intersection between taxation and insolvency — The South African Revenue Service’s preference
- Conservation of traditional values vis-à-vis the dependant’s action for loss of support in customary law — ‘go tsoša/tsosa hlogo’
- The oath in labour arbitrations: Critiquing an arbitrator’s prerogative to swear in witnesses
- The shareholder’s appraisal remedy under the Companies Act: How should the courts gauge ‘fair value’?