South African law journal最新文献_第4页

Book Review: Lynda Collins The Ecological Constitution: Reframing Environmental Law (2021) 《生态宪法:重塑环境法》(2021)

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i2a8

C. Soyapi

引用次数: 0

Coercive and controlling behaviour in the Domestic Violence Act 《家庭暴力法》中的强制和控制行为

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i4a4

Dakalo Singo

{"title":"Coercive and controlling behaviour in the Domestic Violence Act","authors":"Dakalo Singo","doi":"10.47348/salj/v140/i4a4","DOIUrl":"https://doi.org/10.47348/salj/v140/i4a4","url":null,"abstract":"This article focuses on two definitions of domestic violence — ‘coercive behaviour’ and ‘controlling behaviour’ — which were formally introduced into South African law by the Domestic Violence Amendment Act 14 of 2021. It tracks the legislative process, including an overview of the different iterations of the definitions as they appeared in the preceding Bills. This is followed by an analysis of the definitions’ grammatical, conceptual and legal meanings (including considering applicable foreign case law), after which various indicators are formulated. The article then examines whether the definitions are fit for purpose by analysing whether they are constitutional. This investigation reveals that the definitions suffer from numerous deficiencies: they are vague, overbroad and ambiguous, rendering them potentially unconstitutional. However, despite these deficiencies, the importance of the definitions — informed by the legislature’s intentions and the prevailing societal context, amongst other things — is likely to deter any potential constitutional challenges disputing their validity. The article concludes by proposing alternative definitional formulations that, if implemented, may circumvent any potential constitutional challenges.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135447225","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}

引用次数: 0

Notes: The Krugersdorp gang rapes — Another Tshabalala v S; Ntuli v S? 注:克鲁格斯多普轮奸案——另一起查巴拉拉诉S案;nuli vs S?

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i1a1

J. le Roux-Bouwer

引用次数: 0

Book Review: David Cluxton Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions (2022) 华沙和蒙特利尔公约中的航空法诉因排他性(2022)

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i2a9

William Kiema, P. Salazar

引用次数: 0

Notes: Can ownership of reproductive material be transferred? 注:生殖材料的所有权可以转让吗?

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i3a3

D. Thaldar

引用次数: 0

A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa 对南非国家抓捕委员会保护举报人建议的批判性分析

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i4a8

Rehana Cassim

{"title":"A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa","authors":"Rehana Cassim","doi":"10.47348/salj/v140/i4a8","DOIUrl":"https://doi.org/10.47348/salj/v140/i4a8","url":null,"abstract":"This article critically analyses the whistleblower recommendations of the State Capture Commission and the President of the Republic of South Africa’s response to implementing these recommendations. Three recommendations are made: ensuring that whistleblowers receive the protections afforded by art 32(2) of the United Nations Convention against Corruption; possibly awarding whistleblowers a proportion of funds recovered, provided the information disclosed has been material to recovering funds; and affording whistleblowers immunity from criminal or civil action arising from their honest disclosures. This article argues that, although these whistleblower recommendations are laudable and will both protect and incentivise whistleblowers to disclose wrongdoing, South Africa should have a consolidated legislative framework to govern whistleblowing in the various sectors rather than the current approach, which scatters the regulation of whistleblowing across many statutes. The article recommends enhancing the protection of whistleblowers and suggests how to structure South Africa’s whistleblower award programme so that it is clear, fair, transparent and efficient. It also argues that to avoid abuse, whistleblowers should not receive blanket immunity from criminal and civil proceedings but that this should be determined on a case-by-case basis.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135447020","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}

引用次数: 0

Notes: Do retirement funds have a right to transfer accrued retirement benefits without non-member spouses’ consent? An analysis of the Collatz matter 注:退休基金是否有权在未经非成员配偶同意的情况下转移累算退休权益?Collatz事件的分析

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i1a2

Motseotsile Clement Marumoagae

引用次数: 0

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) 证明集体诉讼的决定的可上诉性:我们现在在哪里?斯泰伦博斯大学法律诊所诉Lifestyle Direct Group International (Pty) Ltd (WCC)案的建议处理方法

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i2a2

Theo Broodryk

引用次数: 0

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 在消费者法、债务催收和国家信用法的背景下，司法干预和对变革宪政主义的呼吁:Bayport证券化有限公司诉Stellenbosch法律诊所大学

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i2a4

S. van der Merwe

{"title":"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","authors":"S. van der Merwe","doi":"10.47348/salj/v140/i2a4","DOIUrl":"https://doi.org/10.47348/salj/v140/i2a4","url":null,"abstract":"As a result of various socio-economic factors, South Africans are some of the most indebted consumers in the world. Bad debt collection has escalated to a significant industry, with billions of rands at stake. The effects of private over-indebtedness and resulting collections are profound and have various negative consequences at household and macro-economic levels. These consequences are exacerbated when vulnerable debtors face unscrupulous debt collectors emboldened by a fragile legislative framework. Debtors depend on judicial intervention and effective access to courts to combat abusive lending and debt-collection practices. Courts are called on to protect vulnerable consumers by enforcing constitutional guarantees and values. Recently, the Supreme Court of Appeal was presented with the opportunity to demonstrate its commitment to transformative constitutionalism in consumer law and debt collection in the case of Bayport Securitisation Ltd v University of Stellenbosch Law Clinic. This judgment is significant as it attempted to address a serious and impactful concern with the interpretation of the National Credit Act. It will be demonstrated that the judgment is susceptible to serious criticism, particularly in its regrettable indifference to the constitutional values pertinent to the matter.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70823942","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}

引用次数: 0

Workplace bullying in the legal profession 法律职业中的职场欺凌

South African law journal Pub Date : 2023-01-01 DOI: 10.47348/salj/v140/i3a9

M. Van Eck, Marthinus van Staden

{"title":"Workplace bullying in the legal profession","authors":"M. Van Eck, Marthinus van Staden","doi":"10.47348/salj/v140/i3a9","DOIUrl":"https://doi.org/10.47348/salj/v140/i3a9","url":null,"abstract":"The International Bar Association (‘IBA’) highlighted a disturbing trend of bullying within the legal profession in its 2019 report on bullying and sexual harassment in the legal profession, both internationally and in South Africa. The substantive forms of bullying (often described as victimisation, discrimination, or harassment) may overlap in the manner, mode or way in which bullying is perpetrated, and how bullying occurs may be grouped into several distinct categories: overt (or direct) forms, covert (or indirect) forms and, finally, so-called ‘mobbing’. This article investigates the current South African legislative framework addressing workplace bullying, including the indirect remedies available to victims in terms of (i) a claim of harassment as a form of unfair discrimination under s 6(3) of the Employment Equity Act; (ii) a claim for constructive dismissal under s 193 of the Labour Relations Act; and (iii) unfair labour practices as a remedy for workplace bullying or a claim of harassment in terms of the Compensation for Occupational Injuries and Diseases Act. After finding that these indirect remedies are inadequate to address workplace bullying in the legal profession, the article explores the conduct rules of the legal profession to establish how bullying is addressed in the legal sector and conducts a comparative analysis of the way in which bullying is addressed in the Australian and New Zealand jurisdictions to identify possible solutions to curb the scourge of workplace bullying in the South African legal profession.","PeriodicalId":39313,"journal":{"name":"South African law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70824850","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}

引用次数: 0