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Jason Manyenyeni argues that the learned Judge erred in some principal and crucial respects in the case of De Beer and Another v Minister of Cooperative Governance and Traditional Affairs. A view which he contends is consistent with most of the views expressed by early commentators, and that the judgment is unlikely to pass the scrutiny of an appeal court.
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In this second of a six-part series showcasing champions of the rule of law in Africa, Vlad Movshovich of Webber Wentzel talks to Craig Sisterson about the ability of the rule of law to withstand threats.
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In the first of a six-part series, Abidjan-based Jamal Fofana of Asafo & Co. in Côte d'Ivoire talks to Craig Sisterson about educating people on the rule of law concept and thus making an impact on society.
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A comprehensive analysis by Professor Hennie Klopper of the problem of medical negligence claims in the public sector, and a discussion of proposed solutions to address the issue. It is one which has rapidly escalated to crisis proportions and needs to be addressed.
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The issue of legal privilege is discussed in the context of the fact that the public has a constitutional right to of access to information - a right which can be accessed for an array of reasons.
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In Ndlovu and Others v S [2021] 1 All SA 538 (ECG) whether the trial court, acting in terms of s 35(5) of the Constitution, correctly allowed physical evidence found as a result of the unlawful search of a premises to become part of the evidential material placed before it by the state.
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Effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. It is the foundation for communities of justice, opportunity, and peace - underpinning development, accountable government, and respect for fundamental rights.
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Trudon claimed R3,5 million from the prosecuting authority (NPA) but the NPA pleaded that the agreements for advertising were unlawful and constitutionally invalid.
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The criminal justice system and crime prevention strategies must take note of the contribution that the sociology of law can make in developing a “humane” criminal justice system to effectively contribute towards crime prevention.
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The South African Human Rights Commission has begun its national investigative hearing into the July unrest in Gauteng and KwaZulu-Natal.