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Constitutional Law of South Africa (2nd Edition, OS, 2008) Chapter 63 at 63–64. 6 C Hoexter ‘The Enforcement of an Official Promise: Form, Substance and the Constitutional Court’ (2015) 132 South African Law Journal 207 (‘Enforcement’), 219.
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Some features of this site may not work without it. The rule of law, the principle of legality and the test for rationality: a critical analysis of the South African jurisprudence in the light of the separation of powers. View/ Open. Mzolo_Nkosinathi_2016.pdf (824.7Kb) Date 2016.
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The principle of Ubuntu has helped the peace process to work out effectively to meet the target of promoting peace and reconciliation after the several years of Apartheid regime (ibid).Seen in this light, Mani (2002) reiterates that, Ubuntu principle and the Bible teachings of Jesus Christ, which talk about “love and forgiveness”, helped to
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OS 02-05, ch11-p1 11.1 Introduction* (a) The common law doctrine of legality If a country has working legal and political orders, then somewhere within its corpus juris will be found its constitutional law, the law that structures and arranges political and legal institutions, their workings, and their interactions.1 To that generalization, South Africa during the years preceding the recent
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The largest criminal penalty imposed for environmental offences in South Africa to date was recently handed down by a South African Court. Golfview''s offences included illegally mining in a wetland, the diversion of water resources, inadequate pollution control, and the unauthorized transformation of three hectares of indigenous vegetation.
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The ‘no work no pay’ principle has been highly topical during this Covid-19 lockdown period with much confusion surrounding the legalities when it comes to employers having to continue to pay, or not pay, their employees. To add to this, two recent Labour Court judgments offer differing decisions that might not offer greater clarity but do
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The Capital maintenance concept rnrnThe South African Companies Act 61 of 1973 adopts a strange and a curios ambivalence towards the nineteenth-century common law concept of the maintenance of the share capital of a company.
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Constitutional Law of South Africa (2nd Edition, OS, 2008) Chapter 63 at 63–64. 6 C Hoexter ‘The Enforcement of an Official Promise: Form, Substance and the Constitutional Court’ (2015) 132 South African Law Journal 207 (‘Enforcement’), 219.
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Legal Recognition of the "Polluter Pays Principle" in South Asia: A Comparative Legal Study April 2020 Test Engineering and Management 83(March-April 2020):16876-16887
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The South African Constitution,6 in section 35(3)(l) and (n), contains indi-cations that South Africa adheres to the doctrine of strict legality.7 The most important facets of the nullum crimen sine lege principle are as follows: “An accused may not be found guilty of a crime and sentenced unless the type of conduct with which he is charged:
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The precautionary principle, South Africa’s position44: Proportional to risk, non-discriminatory, consistent, based on cost-effect assessment, subject to review, capable of assigning
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The ‘no work no pay’ principle has been highly topical during this Covid-19 lockdown period with much confusion surrounding the legalities when it comes to employers having to continue to pay, or not pay, their employees. To add to this, two recent Labour Court judgments offer differing decisions that might not offer greater clarity but do set out the Court’s reasoning behind each which
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In South Africa the principle has found a tentative foothold in legislation and case law but generally has had limited practical application. Much needed economic development in the country has seen, amongst other things the enactment of the Infrastructure Development Act 23 of 2014 to promote large infrastructural developments.
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Transformative Constitutionalism of South Africa has the purpose of transforming. the society from one w hich discrimination and inequality deep ly entrenched on. grounds of rac e, , color e.t
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The leading component of the study is criticising the method of the application of the ''best interests'' of the child principle in South Africa. The author will specifically focus of section 7 of the Children''s Act and prove why the courts should be applying this provision in child-related cases.
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Students also viewed. Standard-Vacuum v Durban Municipality. 2. Ex parte Geldenhuys 1926 OPD 155; 03.27. What is a thing. Part 1. Corporeal things
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This article uses two case law examples (New Zealand and South Africa), to illustrate how a questionnaire could be developed in practice as a method to identify a breach of ethics with reference to King IV, the FMA handbook and the NZX code. These two cases use terminology as found in relevant corporate governance codes and illustrate how to interpret those terminologies correctly, i.e. in
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The Pension Funds Amendment Act, 2007 introduced the so called clean-break principle effective from 13th of September 2007, for the treatment of retirement fund benefits on divorce. In terms of section 37D (4) (d) of the Pension Funds Act 24 of 1956, you can now immediately claim your share of your ex-spouse’s Pension Fund, Provident Fund
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Working principle and feature of belt conveyor animals.Jun 12, 2012 working principle belt conveyor is composed by two endpoint pulleys and a closed conveyor belt.The pulley that drives conveyor belt rotating is called drive pulley or transmission drum the other oneonly used to change conveyor belt movement directionis called bend.
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