O B I T E R
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INDEX / INDEKS VOLUME 37
(2016)
TITLES OF ARTICLES – TITELS VAN ARTIKELS
[References are to number of volume, followed by page number/
Verwysings is na nommer van volume, gevolg deur bladsynommer]
A New Category of Common Purpose Liability? by Shannon Hoctor ... 37.666 An Analysis of Professor Lourens du Plessis’ Early (Pro-life) and Later
(Pro-choice) Perspectives on Abortion by Najma Moosa ... 37.325 An Analysis of the Directors’ Decision-making Function through the Lens
of the Business-Judgment Rule by Jan-Louis van Tonder ... 37.562 Are the Rights of Business Employees Preferred more than the Rights of
Domestic Employees? - Gungudoo v Hannover Reinsurance Group (Pty) Ltd (585/11) [2012] ZASCA 83 (30 May 2012) Revisited by
Howard Chitimira ... 37.381 Assisting Foreign Insolvency Practitioners in Cross-border Insolvency:
Some Foreign Insights into South African Law – Singularis Holdings Ltd v PricewaterhouseCoopers (Bermuda) [2014] UKPC 36 (10
November 2014), [2015] 2 WLR 971 by Alastair Smith ... 37.167 Back to the Future: The Reinstatement of Deregistered Companies and
Close Corporations, Section 82(4) of the Companies Act 71 of 2008 – Missouri Trading CC v ABSA Bank Ltd 2014 (4) SA 55 (KZD) by
Darren Subramanien ... 37.187 Bargaining in Bad Faith in South African Labour Law: An Antidote? by
Fiona Leppan, Avinash Govindjee & Ben Cripps ... 37.474 Between Reasonable and Probable Cause and Malice in the Law of
Malicious Prosecution: A Commonwealth Update by Chuks Okpaluba
... 37.265 Can a Non-member Spouse Protect His or Her Interest in the Member
Spouse’s Accrued Pension Benefits before Divorce? by MC
Marumoagae ... 37.312 Challenging Old Perceptions – The Classification of Website
Advertisements According to South African Contract Law by
Lehlohonolo Ramokanate & Wian Erlank ... 37.508 Classifying Objects in Space According to South African Property Law by
W Erlank ... 37.87 Corporate Law: Mandatory Offer Regime in Need of Precise Exemptions
and Leeway by Paul Nkoane ... 37.64 Daddy’s Home: The Promotion of Paternity Leave and Family
Responsibilities in the South African Workplace by Asheelia Behari ... 37.346 Director’s Fiduciary Duties and the Common Law: The Courts Fitting the
Pieces Together – Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of South Africa (SOC) Limited (12476/2015) [2015]
ZAWCHC 113; 2015 (6) SA 338 (WCC) (4 August 2015) by Lindi
Coetzee ... 37.401 DNA Processing Contemplated in the Criminal Law (Forensic
Procedures) Amendment Act 37 of 2013 and the Constitutional Right
to Privacy by Izette Knoetze & Lilla Crouse ... 37.36 Donated Human Tissue: Is It a Medical Device or Just Tissue? by M
Slabbert ... 37.523 Gender Reassignment and the World of Work: A Comparative
Perspective on the Intersection between Transgenderism, Transsexuality and Appearance Discrimination in the South African
Employment Arena by DM Smit & D Viviers ... 37.247 Ghosts of the Municipal Debts Past: Is Mitchell Resurrencting the
Mathabathe Spectre? – Not Quite – Perregrine Joseph Mitchell v City
of Tshwane Metropolitan Municipal Authority (50816/14) [2014]
ZAGPPHC 758 by Matome M Ratiba ... 37.423 Investigating Parental Alienation as a form of Domestic Violence, Child
Abuse and Harassment: a Legal Hypothesis by Charnelle van der Bijl
... 37.121 Is Cyber Search and Seizure under the Cybercrimes and Cybersecurity
Bill Consistent with the Protection of Personal Information Act? by
Melody Musoni ... 37.683 Knowledge of the Existence of Discretionary Powers is an Implied
Precondition to the Proper Exercise of a Discretion to Arrest Without a Warrant – Motabatshindi v Minister of Police (South Gauteng High Court, Johannesburg (unreported) 2014-09-26 Case No A3017/2014
by Thulani Nkosi ... 37.147 Legislative Controls on Director and Executive Termination Payments in
the UK and Australia – Lessons for South Africa by Vela Madlela ... 37.617 Maternity, Paternity and Parental Leave and the Best Interests of the
Child – MIA v State Information Technology Agency (Pty) Ltd [2015]
JOL 33060 (LC) by Andrea Bauling ... 37.158 Negligence “In the Air” or On the Road? – Ndlela v S 2013 (unreported,
KZP) Case no AR 630/2012 by Shannon Hoctor ... 37.392
“Pay Day” for Illegal Foreigners – Rahim v The Minister of Home Affairs
(965/2013) [2015] ZASCA 92 (29 May 2015) by Darren Subramanien .. 37.410 Peeling the Orange: A Critical Assessment of the Legality of the
European Union Sanitary and Phytosanitary Measures Regime Against Citrus Produce from South Africa by Clive Vinti & Loyiso
Makapela ... 37.449 Personal Liability of a Director in Terms of Section 424(1) of the
Companies Act 61 of 1973 in relation to Default Judgment in Terms of Rule 39 of the Uniform Rules of the High Court: An Analysis of – Minnaar v Van Rooyen NO [2015] ZASCA 114 by Simphiwe
Phungula ... 37.695 Private International Law of Contract in Angola and Mozambique by Dr
Rui Dias & Dr Carl Friedrich Nordmeier ... 37.132 Regulating the Termination of Employment of Absconding Employees in
the Public Sector and Public Education in South Africa: A Preliminary View by Adriaan van der Walt, David Abrahams & Thanduxolo Qotoyi
... 37.140
“Sanitizing” Corporate Political Expenditure in South African Corporate
Governance by Aubrey Sibanda ... 37.581 Serious Injury Claims Rejected by the Road Accident Fund: The Appeal
Process by M Slabbert & HJ Edeling ... 37.20 Some Reflections on the Presumption that Legislation applies
Prospectively, and its Significance for a Contemporary Theory of
Interpretation by George Devenish ... 37.643 The Duty to Support the Indigent Elderly in South Africa: A Public or
Private Duty? by Marita Carnelley & Mothokoa Mamashela ... 37.293 The End of the Honeymoon: Penal Discourse and the Human Rights of
Prisoners in the Aftermath of South Africa’s Second Democratic
Election – Part 1 by Stephen Allister Peté ... 37.487 The Impact of Legislation on Childhood Sexuality in South Africa by
Rushiella Songca & Michelle Karels ... 37.228 The Legal Protection of Domestic Workers in South Africa: A Square Peg
it is (Into a Round Hole) by Lux Lesley Kubjana ... 37.549 The Link between Replacement Labour and Eruption of Violence during
Industrial Action by Mlungisi Tenza ... 37.106
The Possibility of the Right to Religion Emerging as a Jus Cogens Norm
(Part 1) by David Abrahams & Tayla Dye ... 37.201 The Possibility of the Right to Religion Emerging as a Jus Cogens Norm
(Part 2) by David Abrahams & Tayla Dye ... 37.535 The Regulation of Executive Remuneration in South Africa by Vela
Madlela & Palollo Michael Lehloenya ... 37.1 The Regulation of Intercountry Adoption in South Africa by Glynis van
der Walt ... 37.674 Theories of Intellectual Property and Access to Medicines in the
Southern African Development Community (SADC) by Lonias Ndlovu
& Amos Saurombe ... 37.599 Uber vis-à-vis UTI – Onafhanklike Kontrakteurs of Werknemers:
Tempering van Artikel 200A van WAV deur Fanie van Jaarsveld ... 37.362 Unfettered, but not Unbridled: The Fiduciary Duty of the Trustee – Wiid v
Wiid NCHC (unreported) 13-01-2012 Case no 1571/2006 by Eben
Nel ... 37.436 Vultures before the Constitutional Court: The Cheque is in the Mail –
Khohliso v S [2014] ZACC 33 by Eugene van der Berg & Avinash
Govindjee ... 37.369 Women Mining and the Law by Willemien du Plessis ... 37.652
CONTRIBUTORS – MEDEWERKERS
ABRAHAMS, DAVID; VAN DER WALT, ADRIAAN & QOTOYI, THANDUXOLO: Regulating the Termination of Employment of Absconding Employees in the Public Sector and Public Education in
South Africa: A Preliminary View ... 37.140 ABRAHAMS, DAVID & DYE, TAYLA: The Possibility of the Right to
Religion Emerging as a Jus Cogens Norm (Part 1) ... 37.201 ABRAHAMS, DAVID & DYE, TAYLA: The Possibility of the Right to
Religion Emerging as a Jus Cogens Norm (Part 2) ... 37.535 BAULING, ANDREA: Maternity, Paternity and Parental Leave and the
Best Interests of the Child – MIA v State Information Technology
Agency (Pty) Ltd [2015] JOL 33060 (LC) ... 37.158 BEHARI, ASHEELIA: Daddy’s Home: The Promotion of Paternity Leave
and Family Responsibilities in the South African Workplace ... 37.346 CARNELLEY, MARITA & MAMASHELA, MOTHOKOA: The Duty to
Support the Indigent Elderly in South Africa: A Public or Private Duty?
... 37.293 CHITIMIRA, HOWARD: Are the Rights of Business Employees Preferred
more than the Rights of Domestic Employees? - Gungudoo v Hannover Reinsurance Group (Pty) Ltd (585/11) [2012] ZASCA 83
(30 May 2012) Revisited ... 37.381 COETZEE, LINDI: Director’s Fiduciary Duties and the Common Law: The
Courts Fitting the Pieces Together – Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of South Africa (SOC) Limited (12476/2015)
[2015] ZAWCHC 113; 2015 (6) SA 338 (WCC) (4 August 2015) ... 37.401 CRIPPS, BEN; LEPPAN, FIONA & GOVINDJEE, AVINASH: Bargaining
in Bad Faith in South African Labour Law: An Antidote? ... 37.474 CROUSE, LILLA & KNOETZE, IZETTE: DNA Processing Contemplated
in the Criminal Law (Forensic Procedures) Amendment Act 37 of
2013 and the Constitutional Right to Privacy ... 37.36 DEVENISH, GEORGE: Some Reflections on the Presumption that
Legislation applies Prospectively, and its Significance for a
Contemporary Theory of Interpretation ... 37.643 DIAS, DR RUI & NORDMEIER, DR CARL: Private International Law of
Contract in Angola and Mozambique ... 37.132 DU PLESSIS, WILLEMIEN: Women Mining and the Law ... 37.652 DYE, TAYLA & ABRAHAMS, DAVID: The Possibility of the Right to
Religion Emerging as a Jus Cogens Norm (Part 1) ... 37.201 DYE, TAYLA & ABRAHAMS, DAVID: The Possibility of the Right to
Religion Emerging as a Jus Cogens Norm (Part 2) ... 37.535 EDELING, HJ & SLABBERT, M: Serious Injury Claims Rejected by the
Road Accident Fund: The Appeal Process ... 37.20 ERLANK, WIAN: Classifying Objects in Space According to South
African Property Law ... 37.87 ERLANK, WIAN & RAMOKANATE. LEHLOHONOLO: Challenging Old
Perceptions – The Classification of Website Advertisements
According to South African Contract Law ... 37.508 GOVINDJEE, AVINASH & VAN DER BERG, EUGENE: Vultures before
the Constitutional Court: The Cheque is in the Mail – Khohliso v S
[2014] ZACC 33 ... 37.369 GOVINDJEE, AVINASH, CRIPPS, BEN & LEPPAN, FIONA: Bargaining
in Bad Faith in South African Labour Law: An Antidote? ... 37.474
HOCTOR, SHANNON: Negligence “In the Air” or On the Road? – Ndlela
v S 2013 (unreported, KZP) Case no AR 630/2012 ... 37.392 HOCTOR, SHANNON: A New Category of Common Purpose Liability? .... 37.666 KARELS, MICHELLE & SONGCA, RUSHIELLA: The Impact of
Legislation on Childhood Sexuality in South Africa ... 37.226 KNOETZE, IZETTE & CROUSE, LILLA: DNA Processing Contemplated
in the Criminal Law (Forensic Procedures) Amendment Act 37 of
2013 and the Constitutional Right to Privacy ... 37.36 KUBJANA, LUX LESLEY: The Legal Protection of Domestic Workers in
South Africa: A Square Peg it is (Into a Round Hole) ... 37.549 LEHLOENYA, PALOLLO & MADLELA, VELA: The Regulation of
Executive Remuneration in South Africa ... 37.1 LEPPAN, FIONA; GOVINDJEE, AVINASH & CRIPPS, BEN: Bargaining
in Bad Faith in South African Labour Law: An Antidote? ... 37.474 MADLELA, VELA & LEHLOENYA, PALOLLO: The Regulation of
Executive Remuneration in South Africa ... 37.1 MADLELA, VELA: Legislative Controls on Director and Executive
Termination Payments in the UK and Australia – Lessons for South
Africa ... 37.617 MAKAPELA, LOYISO & VINTI, CLIVE: Peeling the Orange: A Critical
Assessment of the Legality of the European Union Sanitary and Phytosanitary Measures Regime against Citrus Produce from South
Africa ... 37.449 MAMASHELA, MOTHOKOA & CARNELLEY, MARITA: The Duty to
Support the Indigent Elderly in South Africa: A Public or Private Duty?
... 37.293 MARUMOAGAE, MC: Can a Non-member Spouse Protect His or Her
Interest in the Member Spouse’s Accrued Pension Benefits before
Divorce? ... 37.312 MOOSA, NAJMA: An Analysis of Professor Lourens du Plessis’ Early
(Pro-life) and Later (Pro-choice) Perspectives on Abortion ... 37.325 MUSONI, MELODY: Is Cyber Search and Seizure under the
Cybercrimes and Cybersecurity Bill Consistent with the Protection of
Personal Information Act? ... 37.683 NDLOVU, LONIAS & SAUROMBE, AMOS: Theories of Intellectual
Property and Access to Medicines in the Southern African
Development Community (SADC) ... 37.599 NEL, EBEN: Unfettered, but not Unbridled: The Fiduciary Duty of the
Trustee – Wiid v Wiid NCHC (unreported) 13-01-2012 Case no
1571/2006 ... 37.436 NKOANE, PAUL: Corporate Law: Mandatory Offer Regime in Need of
Precise Exemptions and Leeway ... 37.64 NKOSI, THULANI: Knowledge of the Existence of Discretionary Powers
is an Implied Precondition to the Proper Exercise of a Discretion to Arrest Without a Warrant – Motabatshindi v Minister of Police (South Gauteng High Court, Johannesburg (unreported) 2014-09-26 Case
No A3017/2014 ... 37.147 NORDMEIER, DR CARL & DIAS, DR RUI: Private International Law of
Contract in Angola and Mozambique ... 37.132 OKPALUBA, CHUKS: Between Reasonable and Probable Cause and
Malice in the Law of Malicious Prosecution: A Commonwealth Update
... 37.265 PETÉ, STEPHEN ALLISTER: The End of the Honeymoon: Penal
Discourse and the Human Rights of Prisoners in the Aftermath of
South Africa’s Second Democratic Election – Part 1 ... 37.487
PHUNGULA, SIMPHIWE: Personal Liability of a Director in Terms of Section 424(1) of the Companies Act 61 of 1973 in relation to Default Judgment in Terms of Rule 39 of the Uniform Rules of the High Court: An Analysis of – Minnaar v Van Rooyen NO [2015] ZASCA
114 ... 37.695 QOTOYI, THANDUXOLO; VAN DER WALT, ADRIAAN & ABRAHAMS,
DAVID: Regulating the Termination of Employment of Absconding Employees in the Public Sector and Public Education in South Africa:
A Preliminary View ... 37.140 RAMOKANATE, LEHLOHONOLO & ERLANK, WIAN: Challenging Old
Perceptions – The Classification of Website Advertisements
According to South African Contract Law ... 37.508 RATIBA, MATOME M: Ghosts of the Municipal Debts Past: Is Mitchell
Resurrencting the Mathabathe Spectre? – Not Quite – Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority
(50816/14) [2014] ZAGPPHC 758 ... 37.423 SAUROMBE, AMOS & NDLOVU, LONIAS: Theories of Intellectual
Property and Access to Medicines in the Southern African
Development Community (SADC) ... 37.599 SIBANDA, AUBREY: “Sanitizing” Corporate Political Expenditure in
South African Corporate Governance ... 37.581 SLABBERT, M & EDELING, HJ: Serious Injury Claims Rejected by the
Road Accident Fund: The Appeal Process ... 37.20 SLABBERT, M: Donated Human Tissue: Is It a Medical Device or Just
Tissue? ... 37.523 SMIT, DM & VIVIERS, D: Gender Reassignment and the World of Work:
A Comparative Perspective on the Intersection between Transgenderism, Transsexuality and Appearance Discrimination in
the South African Employment Arena ... 37.247 SMITH, ALASTAIR: Assisting Foreign Insolvency Practitioners in Cross-
border Insolvency: Some Foreign Insights into South African Law – Singularis Holdings Ltd v PricewaterhouseCoopers (Bermuda) [2014]
UKPC 36 (10 November 2014), [2015] 2 WLR 971 ... 37.167 SONGCA, RUSHIELLA & KARELS, MICHELLE: The Impact of
Legislation on Childhood Sexuality in South Africa ... 37.226 SUBRAMANIEN, DARREN: Back to the Future: The Reinstatement of
Deregistered Companies and Close Corporations, Section 82(4) of the Companies Act 71 of 2008 – Missouri Trading CC v ABSA Bank
Ltd 2014 (4) SA 55 (KZD) ... 37.187 SUBRAMANIEN, DARREN: “Pay Day” for Illegal Foreigners – Rahim v
The Minister of Home Affairs (965/2013) [2015] ZASCA 92 (29 May
2015) ... 37.410 TENZA, MLUNGISI: The Link between Replacement Labour and
Eruption of Violence during Industrial Action ... 37.106 VAN DER BIJL, CHARNELLE: Investigating Parental Alienation as a
form of Domestic Violence, Child Abuse and Harassment: a Legal
Hypothesis ... 37.121 VAN DER BERG, EUGENE & GOVINDJEE, AVINASH: Vultures before
the Constitutional Court: The Cheque is in the Mail – Khohliso v S
[2014] ZACC 33 ... 37.369 VAN DER WALT, ADRIAAN; ABRAHAMS, DAVID & QOTOYI,
THANDUXOLO: Regulating the Termination of Employment of Absconding Employees in the Public Sector and Public Education in
South Africa: A Preliminary View ... 37.140 VAN DER WALT, GLYNIS: The Regulation of Intercountry Adoption in
South Africa ... 37.674
VAN JAARSVELD, FANIE: Uber vis-à-vis UTI – Onafhanklike
Kontrakteurs of Werknemers: Tempering van Artikel 200A van WAV ... 37.362 VAN TONDER, JAN-LOUIS: An Analysis of the Directors’ Decision-
making Function through the Lens of the Business-Judgment Rule ... 37.562 VINTI, CLIVE & MAKAPELA, LOYISO: Peeling the Orange: A Critical
Assessment of the Legality of the European Union Sanitary and Phytosanitary Measures Regime against Citrus Produce from South
Africa ... 37.449 VIVIERS, D & SMIT, DM: Gender Reassignment and the World of Work:
A Comparative Perspective on the Intersection between Transgenderism, Transsexuality and Appearance Discrimination in
the South African Employment Arena ... 37.247
SUBJECT INDEX – ONDERWERPREGISTER
CHILDREN’S RIGHTS
Investigating Parental Alienation as a form of Domestic Violence, Child Abuse and Harassment: a Legal Hypothesis by Charnelle van der Bijl
... 37.121 Maternity, Paternity and Parental Leave and the Best Interests of the
Child – MIA v State Information Technology Agency (Pty) Ltd [2015]
JOL 33060 (LC) by Andrea Bauling ... 37.158 The Impact of Legislation on Childhood Sexuality in South Africa by
Rushiella Songca & Michelle Karels ... 37.228 The Regulation of Intercountry Adoption in South Africa by Glynis van
der Walt ... 37.674 CIVIL PROCEDURE
Personal Liability of a Director in Terms of Section 424(1) of the Companies Act 61 of 1973 in relation to Default Judgment in Terms of Rule 39 of the Uniform Rules of the High Court: An Analysis of – Minnaar v Van Rooyen NO [2015] ZASCA 114 by Simphiwe
Phungula ... 37.695 COMMON LAW
Assisting Foreign Insolvency Practitioners in Cross-border Insolvency:
Some Foreign Insights into South African Law – Singularis Holdings Ltd v PricewaterhouseCoopers (Bermuda) [2014] UKPC 36 (10
November 2014), [2015] 2 WLR 971 by Alastair Smith ... 37.167 Director’s Fiduciary Duties and the Common Law: The Courts Fitting the
Pieces Together – Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of South Africa (SOC) Limited (12476/2015) [2015]
ZAWCHC 113; 2015 (6) SA 338 (WCC) (4 August 2015) by Lindi
Coetzee ... 37.401 Some Reflections on the Presumption that Legislation applies
Prospectively, and its Significance for a Contemporary Theory of
Interpretation by George Devenish ... 37.643 The Duty to Support the Indigent Elderly in South Africa: A Public or
Private Duty? by Marita Carnelley & Mothokoa Mamashela ... 37.293 COMPANY LAW
An Analysis of the Directors’ Decision-making Function through the Lens
of the Business-Judgment Rule by Jan-Louis van Tonder ... 37.562 Back to the Future: The Reinstatement of Deregistered Companies and
Close Corporations, Section 82(4) of the Companies Act 71 of 2008 – Missouri Trading CC v ABSA Bank Ltd 2014 (4) SA 55 (KZD) by
Darren Subramanien ... 37.187 Corporate Law: Mandatory Offer Regime in Need of Precise Exemptions
and Leeway by Paul Nkoane ... 37.64 Director’s Fiduciary Duties and the Common Law: The Courts Fitting the
Pieces Together – Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of South Africa (SOC) Limited (12476/2015) [2015]
ZAWCHC 113; 2015 (6) SA 338 (WCC) (4 August 2015) by Lindi
Coetzee ... 37.401 Legislative Controls on Director and Executive Termination Payments in
the UK and Australia – Lessons for South Africa by Vela Madlela ... 37.617 Personal Liability of a Director in Terms of Section 424(1) of the
Companies Act 61 of 1973 in relation to Default Judgment in Terms of Rule 39 of the Uniform Rules of the High Court: An Analysis of –
Minnaar v Van Rooyen NO [2015] ZASCA 114 by Simphiwe
Phungula ... 37.695
“Sanitizing” Corporate Political Expenditure in South African Corporate
Governance by Aubrey Sibanda ... 37.581 The Regulation of Executive Remuneration in South Africa by Vela
Madlela & Palollo Michael Lehloenya ... 37.1 COMPARATIVE STUDIES
Assisting Foreign Insolvency Practitioners in Cross-border Insolvency:
Some Foreign Insights into South African Law – Singularis Holdings Ltd v PricewaterhouseCoopers (Bermuda) [2014] UKPC 36 (10
November 2014), [2015] 2 WLR 971 by Alastair Smith ... 37.167 Bargaining in Bad Faith in South African Labour Law: An Antidote? by
Fiona Leppan, Avinash Govindjee & Ben Cripps ... 37.474 Between Reasonable and Probable Cause and Malice in the Law of
Malicious Prosecution: A Commonwealth Update by Chuks Okpaluba
... 37.265 DNA Processing Contemplated in the Criminal Law (Forensic
Procedures) Amendment Act 37 of 2013 and the Constitutional Right
to Privacy by Izette Knoetze & Lilla Crouse ... 37.36 Donated Human Tissue: Is It a Medical Device or Just Tissue? by M
Slabbert ... 37.523 Gender Reassignment and the World of Work: A Comparative
Perspective on the Intersection between Transgenderism, Transsexuality and Appearance Discrimination in the South African
Employment Arena by DM Smit & D Viviers ... 37.247 Investigating Parental Alienation as a form of Domestic Violence, Child
Abuse and Harassment: a Legal Hypothesis by Charnelle van der Bijl
... 37.121 Legislative Controls on Director and Executive Termination Payments in
the UK and Australia – Lessons for South Africa by Vela Madlela ... 37.617 Private International Law of Contract in Angola and Mozambique by Dr
Rui Dias & Dr Carl Friedrich Nordmeier ... 37.132
“Sanitizing” Corporate Political Expenditure in South African Corporate
Governance by Aubrey Sibanda ... 37.581 The Regulation of Executive Remuneration in South Africa by Vela
Madlela & Palollo Michael Lehloenya ... 37.1 CONSTITUTIONAL LAW
An Analysis of Professor Lourens du Plessis’ Early (Pro-life) and Later
(Pro-choice) Perspectives on Abortion by Najma Moosa ... 37.325 DNA Processing Contemplated in the Criminal Law (Forensic
Procedures) Amendment Act 37 of 2013 and the Constitutional Right
to Privacy by Izette Knoetze & Lilla Crouse ... 37.36 Ghosts of the Municipal Debts Past: Is Mitchell Resurrencting the
Mathabathe Spectre? – Not Quite – Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority (50816/14) [2014]
ZAGPPHC 758 by Matome M Ratiba ... 37.423 Vultures before the Constitutional Court: The Cheque is in the Mail –
Khohliso v S [2014] ZACC 33 by Eugene van der Berg & Avinash
Govindjee ... 37.369 CONTRACT
Challenging Old Perceptions – The Classification of Website Advertisements According to South African Contract Law by
Lehlohonolo Ramokanate & Wian Erlank ... 37.508
Private International Law of Contract in Angola and Mozambique by Dr
Rui Dias & Dr Carl Friedrich Nordmeier ... 37.132 CRIMINAL LAW
A New Category of Common Purpose Liability? by Shannon Hoctor ... 37.666 Between Reasonable and Probable Cause and Malice in the Law of
Malicious Prosecution: A Commonwealth Update by Chuks Okpaluba
... 37.265 DNA Processing Contemplated in the Criminal Law (Forensic
Procedures) Amendment Act 37 of 2013 and the Constitutional Right
to Privacy by Izette Knoetze & Lilla Crouse ... 37.36 Is Cyber Search and Seizure under the Cybercrimes and Cybersecurity
Bill Consistent with the Protection of Personal Information Act? by
Melody Musoni ... 37.683 Negligence “In the Air” or On the Road? – Ndlela v S 2013 (unreported,
KZP) Case no AR 630/2012 by Shannon Hoctor ... 37.392 The Impact of Legislation on Childhood Sexuality in South Africa by
Rushiella Songca & Michelle Karels ... 37.228 CRIMINAL PROCEDURE
Between Reasonable and Probable Cause and Malice in the Law of Malicious Prosecution: A Commonwealth Update by Chuks Okpaluba
... 37.265 DNA Processing Contemplated in the Criminal Law (Forensic
Procedures) Amendment Act 37 of 2013 and the Constitutional Right
to Privacy by Izette Knoetze & Lilla Crouse ... 37.36 Is Cyber Search and Seizure under the Cybercrimes and Cybersecurity
Bill Consistent with the Protection of Personal Information Act? by
Melody Musoni ... 37.683 Knowledge of the Existence of Discretionary Powers is an Implied
Precondition to the Proper Exercise of a Discretion to Arrest Without a Warrant – Motabatshindi v Minister of Police (South Gauteng High Court, Johannesburg (unreported) 2014-09-26 Case No A3017/2014
by Thulani Nkosi ... 37.147 DELICT
Serious Injury Claims Rejected by the Road Accident Fund: The Appeal
Process by M Slabbert & HJ Edeling ... 37.20 EDUCATION LAW
Regulating the Termination of Employment of Absconding Employees in the Public Sector and Public Education in South Africa: A Preliminary View by Adriaan van der Walt, David Abrahams & Thanduxolo Qotoyi
... 37.140 ETHICS
An Analysis of Professor Lourens du Plessis’ Early (Pro-life) and Later
(Pro-choice) Perspectives on Abortion by Najma Moosa ... 37.325 EVIDENCE
Is Cyber Search and Seizure under the Cybercrimes and Cybersecurity Bill Consistent with the Protection of Personal Information Act? by
Melody Musoni ... 37.683 FAMILY LAW
Can a Non-member Spouse Protect His or Her Interest in the Member Spouse’s Accrued Pension Benefits before Divorce? by MC
Marumoagae ... 37.312
Investigating Parental Alienation as a form of Domestic Violence, Child Abuse and Harassment: a Legal Hypothesis by Charnelle van der Bijl
... 37.121 Maternity, Paternity and Parental Leave and the Best Interests of the
Child – MIA v State Information Technology Agency (Pty) Ltd [2015]
JOL 33060 (LC) by Andrea Bauling ... 37.158 The Duty to Support the Indigent Elderly in South Africa: A Public or
Private Duty? by Marita Carnelley & Mothokoa Mamashela ... 37.293 The Regulation of Intercountry Adoption in South Africa by Glynis van
der Walt ... 37.674 HUMAN RIGHTS
An Analysis of Professor Lourens du Plessis’ Early (Pro-life) and Later
(Pro-choice) Perspectives on Abortion by Najma Moosa ... 37.325 DNA Processing Contemplated in the Criminal Law (Forensic
Procedures) Amendment Act 37 of 2013 and the Constitutional Right
to Privacy by Izette Knoetze & Lilla Crouse ... 37.36 Gender Reassignment and the World of Work: A Comparative
Perspective on the Intersection between Transgenderism, Transsexuality and Appearance Discrimination in the South African
Employment Arena by DM Smit & D Viviers ... 37.247 Investigating Parental Alienation as a form of Domestic Violence, Child
Abuse and Harassment: a Legal Hypothesis by Charnelle van der Bijl
... 37.121 Maternity, Paternity and Parental Leave and the Best Interests of the
Child – MIA v State Information Technology Agency (Pty) Ltd [2015]
JOL 33060 (LC) by Andrea Bauling ... 37.158 The End of the Honeymoon: Penal Discourse and the Human Rights of
Prisoners in the Aftermath of South Africa’s Second Democratic
Election – Part 1 by Stephen Allister Peté ... 37.487 The Impact of Legislation on Childhood Sexuality in South Africa by
Rushiella Songca & Michelle Karels ... 37.228 The Legal Protection of Domestic Workers in South Africa: A Square Peg
it is (Into a Round Hole) by Lux Lesley Kubjana ... 37.549 The Possibility of the Right to Religion Emerging as a Jus Cogens Norm
(Part 1) by David Abrahams & Tayla Dye ... 37.201 The Possibility of the Right to Religion Emerging as a Jus Cogens Norm
(Part 2) by David Abrahams & Tayla Dye ... 37.535 The Regulation of Intercountry Adoption in South Africa by Glynis van
der Walt ... 37.674 Women Mining and the Law by Willemien du Plessis ... 37.652 INFORMATION TECHNOLOGY LAW
Challenging Old Perceptions – The Classification of Website Advertisements According to South African Contract Law by
Lehlohonolo Ramokanate & Wian Erlank ... 37.508 Is Cyber Search and Seizure under the Cybercrimes and Cybersecurity
Bill Consistent with the Protection of Personal Information Act? by
Melody Musoni ... 37.683 INSOLVENCY LAW
Are the Rights of Business Employees Preferred more than the Rights of Domestic Employees? - Gungudoo v Hannover Reinsurance Group (Pty) Ltd (585/11) [2012] ZASCA 83 (30 May 2012) Revisited by
Howard Chitimira ... 37.381 Assisting Foreign Insolvency Practitioners in Cross-border Insolvency:
Some Foreign Insights into South African Law – Singularis Holdings
Ltd v PricewaterhouseCoopers (Bermuda) [2014] UKPC 36 (10
November 2014), [2015] 2 WLR 971 by Alastair Smith ... 37.167 INTELLECTUAL PROPERTY LAW
Theories of Intellectual Property and Access to Medicines in the Southern African Development Community (SADC) by Lonias Ndlovu
& Amos Saurombe ... 37.599 INTERNATIONAL LAW
Classifying Objects in Space According to South African Property Law by
W Erlank ... 37.87 Daddy’s Home: The Promotion of Paternity Leave and Family
Responsibilities in the South African Workplace by Asheelia Behari ... 37.346
“Pay Day” for Illegal Foreigners – Rahim v The Minister of Home Affairs
(965/2013) [2015] ZASCA 92 (29 May 2015) by Darren Subramanien .. 37.410 Peeling the Orange: A Critical Assessment of the Legality of the
European Union Sanitary and Phytosanitary Measures Regime Against Citrus Produce from South Africa by Clive Vinti & Loyiso
Makapela ... 37.449 The Possibility of the Right to Religion Emerging as a Jus Cogens Norm
(Part 1) by David Abrahams & Tayla Dye ... 37.201 The Possibility of the Right to Religion Emerging as a Jus Cogens Norm
(Part 2) by David Abrahams & Tayla Dye ... 37.535 The Regulation of Intercountry Adoption in South Africa by Glynis van
der Walt ... 37.674 Uber vis-à-vis UTI – Onafhanklike Kontrakteurs of Werknemers:
Tempering van Artikel 200A van WAV deur Fanie van Jaarsveld ... 37.362 INTERNATIONAL TRADE LAW
Peeling the Orange: A Critical Assessment of the Legality of the European Union Sanitary and Phytosanitary Measures Regime Against Citrus Produce from South Africa by Clive Vinti & Loyiso
Makapela ... 37.449 LABOUR LAW
Are the Rights of Business Employees Preferred more than the Rights of Domestic Employees? - Gungudoo v Hannover Reinsurance Group (Pty) Ltd (585/11) [2012] ZASCA 83 (30 May 2012) Revisited by
Howard Chitimira ... 37.381 Bargaining in Bad Faith in South African Labour Law: An Antidote? by
Fiona Leppan, Avinash Govindjee & Ben Cripps ... 37.474 Daddy’s Home: The Promotion of Paternity Leave and Family
Responsibilities in the South African Workplace by Asheelia Behari ... 37.346 Gender Reassignment and the World of Work: A Comparative
Perspective on the Intersection between Transgenderism, Transsexuality and Appearance Discrimination in the South African
Employment Arena by DM Smit & D Viviers ... 37.247 Maternity, Paternity and Parental Leave and the Best Interests of the
Child – MIA v State Information Technology Agency (Pty) Ltd [2015]
JOL 33060 (LC) by Andrea Bauling ... 37.158 Regulating the Termination of Employment of Absconding Employees in
the Public Sector and Public Education in South Africa: A Preliminary View by Adriaan van der Walt, David Abrahams & Thanduxolo Qotoyi
... 37.140 The Legal Protection of Domestic Workers in South Africa: A Square Peg
it is (Into a Round Hole) by Lux Lesley Kubjana ... 37.549
The Link between Replacement Labour and Eruption of Violence during
Industrial Action by Mlungisi Tenza ... 37.106 Uber vis-à-vis UTI – Onafhanklike Kontrakteurs of Werknemers:
Tempering van Artikel 200A van WAV deur Fanie van Jaarsveld ... 37.362 LEGAL INTERPRETATION
Are the Rights of Business Employees Preferred more than the Rights of Domestic Employees? - Gungudoo v Hannover Reinsurance Group (Pty) Ltd (585/11) [2012] ZASCA 83 (30 May 2012) Revisited by
Howard Chitimira ... 37.381 Back to the Future: The Reinstatement of Deregistered Companies and
Close Corporations, Section 82(4) of the Companies Act 71 of 2008 – Missouri Trading CC v ABSA Bank Ltd 2014 (4) SA 55 (KZD) by
Darren Subramanien ... 37.187 Can a Non-member Spouse Protect His or Her Interest in the Member
Spouse’s Accrued Pension Benefits before Divorce? by MC
Marumoagae ... 37.312 Director’s Fiduciary Duties and the Common Law: The Courts Fitting the
Pieces Together – Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of South Africa (SOC) Limited (12476/2015) [2015]
ZAWCHC 113; 2015 (6) SA 338 (WCC) (4 August 2015) by Lindi
Coetzee ... 37.401 Ghosts of the Municipal Debts Past: Is Mitchell Resurrencting the
Mathabathe Spectre? – Not Quite – Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority (50816/14) [2014]
ZAGPPHC 758 by Matome M Ratiba ... 37.423 Knowledge of the Existence of Discretionary Powers is an Implied
Precondition to the Proper Exercise of a Discretion to Arrest Without a Warrant – Motabatshindi v Minister of Police (South Gauteng High Court, Johannesburg (unreported) 2014-09-26 Case No A3017/2014
by Thulani Nkosi ... 37.147
“Pay Day” for Illegal Foreigners – Rahim v The Minister of Home Affairs
(965/2013) [2015] ZASCA 92 (29 May 2015) by Darren Subramanien .. 37.410 Personal Liability of a Director in Terms of Section 424(1) of the
Companies Act 61 of 1973 in relation to Default Judgment in Terms of Rule 39 of the Uniform Rules of the High Court: An Analysis of – Minnaar v Van Rooyen NO [2015] ZASCA 114 by Simphiwe
Phungula ... 37.695 Private International Law of Contract in Angola and Mozambique by Dr
Rui Dias & Dr Carl Friedrich Nordmeier ... 37.132 Regulating the Termination of Employment of Absconding Employees in
the Public Sector and Public Education in South Africa: A Preliminary View by Adriaan van der Walt, David Abrahams & Thanduxolo Qotoyi
... 37.140 Some Reflections on the Presumption that Legislation applies
Prospectively, and its Significance for a Contemporary Theory of
Interpretation by George Devenish ... 37.643 The Link between Replacement Labour and Eruption of Violence during
Industrial Action by Mlungisi Tenza ... 37.106 Vultures before the Constitutional Court: The Cheque is in the Mail –
Khohliso v S [2014] ZACC 33 by Eugene van der Berg & Avinash
Govindjee ... 37.369 MEDICAL LAW
Donated Human Tissue: Is It a Medical Device or Just Tissue? by M
Slabbert ... 37.523
Theories of Intellectual Property and Access to Medicines in the Southern African Development Community (SADC) by Lonias Ndlovu
& Amos Saurombe ... 37.599 MINING LAW
Women Mining and the Law by Willemien du Plessis ... 37.652 PRIVATE INTERNATIONAL LAW
Private International Law of Contract in Angola and Mozambique by Dr
Rui Dias & Dr Carl Friedrich Nordmeier ... 37.132 PROPERTY LAW
Classifying Objects in Space According to South African Property Law by
W Erlank ... 37.87 Ghosts of the Municipal Debts Past: Is Mitchell Resurrencting the
Mathabathe Spectre? – Not Quite – Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority (50816/14) [2014]
ZAGPPHC 758 by Matome M Ratiba ... 37.423 TRUST LAW
Unfettered, but not Unbridled: The Fiduciary Duty of the Trustee – Wiid v Wiid NCHC (unreported) 13-01-2012 Case no 1571/2006 by Eben
Nel ... 37.436
