De Jure最新文献

{"title":"Historical Development of the Contestation of Administrative Acts by Administrative Order in the Context of Emerging Administrative Justice","authors":"","doi":"10.54664/ppvx4637","DOIUrl":"https://doi.org/10.54664/ppvx4637","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"26 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138947215","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":"Murder Committed by an Official, a Representative of the Public or a Police Authority during or in Connection with the Performance of Their Duty or Function (Art. 116, Para. 1, Item 2 of the Criminal Code)","authors":"","doi":"10.54664/gbgg8464","DOIUrl":"https://doi.org/10.54664/gbgg8464","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"46 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138945811","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":"A Critical Analysis of the Changes in Legislation upon the Application of Some Development Plans","authors":"","doi":"10.54664/jhkc3001","DOIUrl":"https://doi.org/10.54664/jhkc3001","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"30 36","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138946921","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":"Capital Appreciation Ltd v First National Nominees (Pty) Ltd 2022 ZASCA 85 - The connection between share re-acquisitions, schemes of arrangement, and appraisal rights under the Companies Act 71 of 2008","authors":"Vela Madlela","doi":"10.17159/2225-7160/2023/v56a28","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a28","url":null,"abstract":"This note analyses the judgment of the Supreme Court of Appeal in Capital Appreciation Ltd v First National Nominees (Pty) Ltd 2022 ZASCA 85 pertaining to the issue of whether the appraisal rights in section 164 of the Companies Act 71 of 2008 (the Companies Act) apply to a share re-acquisition of more than 5% of a company's issued shares in terms of section 48(8) of the Companies Ac. This judgement is significant in that it highlights the connection between, and the proper interpretation of the statutory regime created by, sections 48, 114, 115, and 164 of the Companies Act as well as the rationale underpinning this statutory regime. The note examines the main issues raised by the judgement as well as the impact that the amendments proposed by the Companies Amendment Bill [B27-2023] will have on this area of company law if this Bill is passed into law.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139271754","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":"Effects of the eradication of the rule of male primogeniture on the customary law of succession","authors":"Kgopotso Maunatlala","doi":"10.17159/2225-7160/2023/v56a24","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a24","url":null,"abstract":"This article discusses the consequences of the abolition of the rule of male primogeniture by closely and critically discussing the outcome of the Bhe v Magistrate Khayelitsha case. Therefore, exposing the effect of implementing and extending common law solutions as a means of bringing customary law in line with the Constitution to achieve the right of equality. Thus, the author advises that courts and the legislature should have employed a different method rather than one of extending the application of the Intestate Succession Act 81 of 1987, which subsequently led to the promulgation of the Reform of Customary Law of Succession and Regulation of Related Matters Act11 of 2009, to customary law of succession. Summarily, this article cautions against imposing common law solutions, directly or indirectly, on customary law challenges and advises on utilising customary law institutions, mechanisms and/or remedies to bring customary law in line with the Constitution.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"7 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139275071","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":"Death benefit provisions in the Pension Funds Act 5 of 2019 of Lesotho: Contradictions or deliberate policy choices?","authors":"Mtendeweka Mhango","doi":"10.17159/2225-7160/2023/v56a25","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a25","url":null,"abstract":"This article discusses the provisions in the Pension Funds Act 5 of 2019 (PFA 2019) that regulate the payment of death benefits after a member of a pension fund has died. While the article welcomes the death benefit provisions in the PFA 2019, it discusses two potential problems that will likely confront Lesotho as it implements those provisions. The first problem is the possible contradiction between sections 32 and 35(1) of the PFA 2019. The article suggests ways to avoid this potential contradiction short of amending the PFA 2019. The second problem is the absence of a definition of a \"dependant\" in the PFA 2019 and the constitutional implications of this. The article recommends reliance on the common-law definition of dependency or the inclusion of such a definition in the regulations to the PFA 2019.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"68 5-6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139273852","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":"Big data in insurance contracts - a tool for good, or bad?","authors":"Michele van Eck, S. Huneberg","doi":"10.17159/2225-7160/2023/v56a27","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a27","url":null,"abstract":"Big data is changing the way many companies conduct business on a day-to-day basis. Insurers are notorious for utilising data in the risk assessment of prospective and current policyholders. The use of such risk assessment mechanisms in insurance has resulted in some discrimination between various policyholders but this has been held to be justifiable due to the fact that it is based on actuarial science and is therefore viewed as fair. However, the advent of big data, data analytics, algorithms, and artificial intelligence is providing insurers with far more sophisticated data about potential policyholders. This may prove to be beneficial to insurers in many ways, but it also brings about additional possibilities of exclusion within the industry. This use of big data has the potential to increase social injustices within our country, which is something that needs to be avoided as much as possible. Discrimination, through the use of big data, is a reality that needs to be addressed by insurers and regulators alike. Achieving social justice as far as possible in the insurance industry is crucial and also requires considerations in the areas of morality and ethics. The reason for this is that the very nature of big data is integrally linked to the assessment of the policyholder's moral risks and hazards for the benefit of the insurer is often linked to personal circumstances and, sometimes, the financial circumstances of the policyholder, and may even speak to the policyholder's integrity. Although potentially beneficial for the insurers from a risk assessment perspective, the use of big data has ethical and moral considerations within the insurance context. After all, the insurance industry's collection, storage, and use of big data raises ethical and moral concerns and casts a shadow on the manner it is used to assess policyholders. This discussion highlights the need for regulatory oversight of big data, an aspect that is notably missing in the South African legislative framework.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"92 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139272383","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":"Chetty v Perumaul (AR313/2020) [2021] ZAKZPHC 66 (21 September 2021) - A cautionary note on the self-inflicted injury of disastrous and careless cross-examination","authors":"Arthur van Coller","doi":"10.17159/2225-7160/2023/v56a26","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a26","url":null,"abstract":"The Deputy Judge President of the Gauteng Local Division of the High Court recently commented on the functional interrelationship between judicial and legal professional ethics (Sutherland \"The Dependence of Judges on Ethical Conduct by Legal Practitioners: The Ethical Duties of Disclosure and Non-Disclosure\" 2021 SAJEJ Vol 4, Issue 1 47-64). Sutherland appropriately states that a culture of ethical conduct by legal practitioners is critical to ensure expeditious litigation and just outcomes (Sutherland 2021 SAJEJ 48). Many others also stress the general importance of professional ethics in legal education, practical legal training, and practice. Nonetheless, unprofessional, dishonourable, and unworthy conduct occurs with sufficient regularity to evoke widespread criticism of the legal profession. The Legal Practice Council listed the names of 123 legal practitioners who were either struck off the roll or suspended in 2022 for unethical conduct. The majority of reported violations were variations on well-known themes. Here some legal practitioners neglected to carry out legal work in a competent and timely manner, while others practiced and appeared in court without obtaining a practice management certificate or a Fidelity Fund Certificate. An advocate accepted instructions and payments directly from clients without a brief from an attorney and later used the details of attorneys without their consent. Some reported judgments, however, describe less common or novel examples of unethical conduct, such as defeating or obstructing the course of justice, misleading the court and forgery. In one instance, a legal practitioner placed a matter on an unopposed roll to secure a default judgment by intentionally removing the notice to oppose and the answering affidavit from the court file. This same legal practitioner assaulted and intimidated members of the South African Police Service (\"SAPS\") and was later interdicted from intimidating, threatening, victimising and harassing members of the SAPS and State attorney's offices.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"103 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139274263","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":"Does the treatment of arrear maintenance claims of children under the Insolvency Act 24 of 1936 constitute a violation of their constitutionally protected rights to social welfare and human dignity? An exposition","authors":"Legodi Thutse","doi":"10.17159/2225-7160/2023/v56a21","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a21","url":null,"abstract":"The time and space for the reformation of the Insolvency Act 24 of 1936 has presented itself through the introduction of a constitutional order in 1996. However, the legislature has thus far proven to fail in its responsibility to align consumer insolvency legislation with the values and rights that are contained in the Constitution of the Republic of South Africa, 1996. The Constitution appreciates the vulnerability of children and thus affords special protection to the rights of children, including their rights to social welfare. It further guarantees children that their best interest reign supreme in every matter concerning them. The Constitution also guarantees children the right to human dignity, which right is also a value underlying South African constitutional jurisprudence. These constitutionally guaranteed rights of children to social welfare and human dignity do not enjoy protection under South African consumer insolvency law, particularly in the treatment of arrear maintenance claims of children against the estate of an insolvent debtor. Children's maintenance arrear claims do not enjoy any preference as they are treated as concurrent claims. This also burdens them with the liability to contribute towards the costs of sequestration if they have successfully proven claims and where there are insufficient funds in the free residue account. Children's maintenance arrear debts are not exempt from the discharge of pre-sequestration debt under South African consumer insolvency jurisprudence. The overall approach to the treatment of children's arrear maintenance claims compromises the rights of children to social welfare and human dignity as guaranteed in the Constitution.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88223149","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":"Monareng v Dr JS Moroka Municipality 2022 43 ILJ 1855 (LC) - Affirmation that resignation by an employee constitutes a point of no return: or does it?","authors":"Khodani Sengwane, Stefan van Eck","doi":"10.17159/2225-7160/2023/v56a23","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a23","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81517289","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}