Constitutional rationalisation of legislation dealing with traditional justice system by Ngema, Phumelele O P

“…I argue that the Constitution envisages recognition and application of the indigenous system within the existing courts of law and subject to the Constitution. Traditional leaders must be recognised in line with the injunction that customary law must be developed and applied by courts. …”
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Advancing the best interests of the child in South African family-related legal disputes by Clarke, Sharna-Lee

“…The thesis finds that, in general, South Africa's legal framework aligns strongly with substantive elements and procedural safeguards of the best interests principle as developed by international child rights law. The analysis of the practice of the best interests principle in international child abduction decision-making reveals that South African courts generally succeed in incorporating substantive elements into the decision-making process. …”
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Advancing the best interests of the child in South African family-related legal disputes by Clarke, Sharna-Lee

“…The thesis finds that, in general, South Africa's legal framework aligns strongly with substantive elements and procedural safeguards of the best interests principle as developed by international child rights law. The analysis of the practice of the best interests principle in international child abduction decision-making reveals that South African courts generally succeed in incorporating substantive elements into the decision-making process. …”
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The poverty of Law : a critical analysis of hate speech Jurisprudence in South Africa

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Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination by Stiebel, Mark

“…Under South African Admiralty law the Courts are to apply two different systems of law depending upon whether the matter could have been heard under the old jurisdiction held by the Colonial Courts of Admiralty as at 1890. …”
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The effects of the processes of domesticating and applying international law in Malawi by Kondowe, Alexander Justice

“…It will be argued that the reason why the courts have developed a principle of avoiding a conflict between international law and domestic law is that the court as an arm of government is part of the government's efforts to fulfill its international obligations. …”
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Assessing land administration systems with their legal frameworks: the case of peri-urban land in Ekiti State, Nigeria by Babalola, Kehinde Hassan

“…The study findings revealed conflicting pressure exerted on customary courts and the Customary Court Appeal of a State (CCAS). …”
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An analysis of the process of ascertainment and application of customary law in the formal institutions of adjudication: Nigeria and South Africa by Badejogbin, Rebecca Emiene

“…The thesis states that these factors contribute in varying degrees, to enhance or impede the ascertainment and application of living customary law by these formal courts. It therefore proposes the consideration of these factors in the policies that seek to develop measures that would enhance the ascertainment and application of living customary law by the formal courts in Nigeria and South Africa.…”
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An assessment of the suitability of the criminal cartel offence in South African competition law by Ramalohlanye, Zandile

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The unconstitutional criminalisation of adult sex work

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The legal status of African women in Zimbabwe Rhodesia by Bennett, T W

“…Yet, in this forum, there is a lack of direction in the overall development of the law. The full implications of legal change do not always appear to have been considered, and the courts have not adhered to a consistent policy. …”
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Emergency-Use Vaccine Mandates and Bodily Integrity: Assessing the Validity of Proportionality Test in Legal Frameworks by Khalil, Eman Hussien

“…Courts confronting emergency-use vaccine mandates during pandemics have revealed that existing legal frameworks are not equipped to handle the emergency context, as seen in their inconsistent description of government measures and their limited capacity to integrate evolving scientific developments on EUA vaccines into proportionality analysis. …”
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Piercing of the corporate veil in terms of Gore: Section 20(9) of the new Companies Act 17 of 2008 by Zindoga, Washington Tawanda

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Determining the consequences of illegal contracts by Botha, Ferdinand Marthinus

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Die gelding van die volkereg in die Suid-Afrikaanse reg by Bezuidenhout, A. E. M. (Anna Elizabeth Martha)

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Domestic deeming provisions and double tax treaties: lessons from Tradehold and Fowler by Davidson, Bronwyn

“…Particular attention is paid to purposive interpretation as applied by the courts, assessing whether South Africa's approach aligns with international best practices. …”
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Compromise and arrangement between a company and its creditors and/or members in terms of Section 311 of the Companies Act no. 61 of 1973, as amended by Truter, Hendrik Christiaan

“…The procedure to obtain the sanctioning thereof, is laid down in the Companies Act (4), and is to be seen in conjunction with the Rules concerning procedural conduct in the courts, as well as procedural precedent. -2 - A standard scheme was developed in our practice for the achievement of an arrangement or compromise in terms of Section 311, (5) and applications for the sanctioning of such schemes were granted for a number of years as a matter of routine. …”
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The problematic nature of unregistered trademarks: an insight of Zambian law with comparative lessons from the South African jurisdiction by Mukuka, Rodrick Chisala

“…Considering this development, the initial trademark protection was provided by the Common law courts. …”
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The role of international law in the interpretation of socio-economic rights in South Africa by Petherbridge, Demichelle

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