{"title":"The nature and extent of the landlord’s tacit hypothec in insolvency law as differentiated from the position under common law","authors":"R. Brits, A. Boraine","doi":"10.18820/24150517/jjs47.i1.2","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i1.2","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121723409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Re-theorising international agricultural trade regulation to realise the human right to food in developing countries","authors":"S. Makore, PC Osode, N. Lubisi","doi":"10.18820/24150517/jjs47.i2.4","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i2.4","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116108326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reconsidering corruption as a violation of the rights to equality and non-discrimination based on poverty in South Africa","authors":"A. De Man","doi":"10.18820/24150517/jjs47.i1.3","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i1.3","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127557163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Considering the boundaries of possessory protection in the context of incorporeals – Should the mandament van spolie protect access to an email address? Critical reflections on Blendrite (Pty) Ltd and Another v Moonisami and Another 2021 5 SA 61 (SCA)","authors":"E. Marais","doi":"10.18820/24150517/jjs47.i2.2","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i2.2","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127349782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Prioritising Socio-Economic Rights in Sovereign Debt Governance: The Obligations of Private Creditors","authors":"","doi":"10.18820/24150517/jjs46.i1.3","DOIUrl":"https://doi.org/10.18820/24150517/jjs46.i1.3","url":null,"abstract":"SUMMARY Over the past few decades, sovereign debt crises have become recurring phenomena across the world. Studies have shown the devastating impacts of these crises on the realisation of socio- economic rights. Sovereign debtors constantly face an “obligatory dilemma” of simultaneously satisfying multiple contractual and treaty obligations owed to different constituencies, including to their citizens and private creditors. Unfortunately, there is currently no binding legal framework to deal with sovereign debt crises and, consequently, creditors are unwilling to compromise. Therefore, using Waldron’s theory of socio-economic rights, this article argues for the prioritisation of socio-economic rights considerations during debt crises. It observes a convergence between the areas of business and human rights and sovereign debt restructuring regimes and suggests the employment of the former to achieve this prioritisation. This can be done by taking advantage of the efforts to develop a binding instrument on business and human rights.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125128291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Duties of the contract drafter","authors":"M. Van Eck","doi":"10.18820/24150517/jjs47.i1.1","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i1.1","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131740133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The dimensional elements of the right to freedom of religion or belief in the South African Constitution – an evaluation in light of relevant core international human rights instruments","authors":"","doi":"10.18820/24150517/jjs46.i1.2","DOIUrl":"https://doi.org/10.18820/24150517/jjs46.i1.2","url":null,"abstract":"(or an and to a balance on the of conflicting rights (with of them each This by the judicial interpretation of religious freedom and individual, collective, and this distinct approach to the codification and limitation of the right to religious freedom raises several important in comparison to the current dominant approach taken in the international human rights documents (where the two dimensions are currently being distinguished, resulting in the consequences regarding limitation). Most significantly, to what dimensions of the right? What is the difference in effect of the general limitation clause on the limitation of the two dimensions of religious freedom?","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131407532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The invisible children – Protecting the right to birth registration in South Africa","authors":"H. Kruger","doi":"10.18820/24150517/jjs47.i2.3","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i2.3","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132543593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Disposing of property upon death: Contemplating the act of testation performed with animus testandi versus a contractual disposition in terms of a valid pactum successorium","authors":"J. Faber","doi":"10.18820/24150517/jjs47.i2.1","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i2.1","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126323373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PATRIARCHY AND UNPAID WORK AS BARRIERS TO TOP-LEVEL FEMALE APPOINTMENTS: ARE SOUTH AFRICA’S LABOUR LAWS ENOUGH NOT TO KEEP A GOOD WOMAN DOWN?","authors":"","doi":"10.18820/24150517/jjs46.i1.5","DOIUrl":"https://doi.org/10.18820/24150517/jjs46.i1.5","url":null,"abstract":"SUMMARY The South African legal framework includes multiple laws and instruments aimed at promoting gender equality, providing for females to be sufficiently represented at all levels of the labour force. Some progress has been made. The country’s female labour force has grown exponentially over the past twenty years, the position of chief executive officer (CEO) of the Johannesburg Stock Exchange (JSE) is held by a female, and women constitute 46 per cent of members of Parliament. More broadly, however, true gender equality is still far off in terms of female representation in top-level positions. In 2019, females represented only 3.31 per cent of CEOs nationwide, despite making up 51 per cent of the South African population. The country has produced only one (now retired) female CEO among the top-40 JSE-listed companies. This article explores the state of gender equality in the South African workplace by first examining the international and regional instruments and national laws adopted to steer the country towards a gender-equal labour force. Upon establishing that the root of the problem does not appear to be a lack of legislative provision, the focus shifts to patriarchy and unpaid work as ongoing barriers to female employment, as well as their potential causes. Despite the extensive legal framework advocating for gender equality, these two barriers are found to persist and are closely intertwined. As females continue to be subjected to male domination in the form of patriarchy, they are automatically relegated to the realm of unpaid work, carrying a disproportionately heavy Policy Framework for Women’s Empowerment and Gender Equality to achieve genuine equal female employment. This could include earmarking funds to allow more females to stay in school and educate society on the value of female employment and advancement at work and the need to break away from entrenched social norms.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"85 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127431775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}