1965 Vol 1
CONTENTS
Articles
“Preface”
byJ J Ross 5
“Introduction”
by D Pont 7
“Recent
Developments of Criminal Law”
by J B Thom 9
“Vubelo
v. Ndaliso - High Court of Fort Hare, case no. 2 of 1965"
by F A de Villiers 19
“Some
Remarks on the Legitimation of Adulterine Children"
by W F Mthembu 25
Notes
“Why
I decided to study law”
by M Kelembe 31
“The
Transkei Constitution - A General Survey"
by Duke M Makoba 32
“Specification"
by S M Tembeni 35
“Roman
Slaves - Res?"
by P S Mngomezulu 37
“On
Onus of Proof and period of Gestation"
by W M Mhlambi 39
Comments on Cases
“S
v. Lebone, 1965 (2) S.A. 836 (A): Cross-examination of accused
as to contents of confession”
by M Matanzima 41
“Leach
v. Secretary of Justice Transkeian Government, 1965 (2)
S.A. 1 (E)"
by B S Koyana 43
“S
v. Harris, 1965 (2) S.A. 340 (A): Quaere”
by C G Mdluli 45
“Blood
tests and disputed paternity"
by M Ganda 46
1966 Vol 2
CONTENTS
Articles
“Professor
D. Pont: A Tribute”
byJ B Thom, M Kelembe and F A de Villiers 5
“Publications
by Professor Pont”
by D Pont 8
“Power
in the Late Roman Empire”
by M T W Arnheim
10
“Some
Reflections on the Bantu Courts: Present and Future"
by G Seymour Wood 17
“The
Doctrine of "Undue Influence"
by S M Tembeni 24
Notes
“On
Culpable Homicide and "Versari" ”
by B S Koyana 31
“"Cancelled"
across a Will"
by T L Matandela 35
“May
the "Other Person" sign with his mark?"
by K Maja 38
Comments on Cases
“S
v. Outram, 1966 (3) S.A. 501 (T) and Negligence”
by V E D Zimu 42
“S
v. Ndewanana, 1966 (3) S.A. 312 (E)"
by Duke M Makoba 46
Letters Received
49
1967 Vol 3
CONTENTS
Articles
“Compersation
for expropriation in Pubic International
Law”
byJ Labuschagne 3
“Van
Vollenhoven: 'n terugblik”
by R verLoren van Themaat 16
“Law
of Procedure: a new approach”
by P van der Bank 24
Public Lecture
“The
ethics of the profession"
by J W Smalberger 46
“The
role of the registrar if the Supreme Court"
by W P van Rheede van Oudtshoorn 52
Notes
“Dionysius
Godefridus van der Keesael (1738 - 1816)”
by P N Guzana
57
“Sole
surviving grandparent as intestate heir"
by F A de Villiers 60
Cases
“R
v. Maruberera, 1968 (1) S.A. 206 (R)”
by W de Haan 68
“Eaton
and Louw v. Arcade Poperties (Pty) Ltd."
by S M Tembeni 71
“Quotes
from cases"
73
Reports
“Law
symposium"
by G S Wood 76
“Refresher
course"
by P van der Bank 78
“Juridical
society"
by S M Tembeni 79
1968 Vol 4
CONTENTS
Articles
“Terdoodbrenging
as straf - 'n perspektief”
byJ B Thom 3
“Legal
Restrictions on Freedom of Speech on Old Athenian Comedy”
by J M Els 18
“Sale
of Land by Public Auction”
by B S Koyana 27
Public Lecture
“Aspects
of the Judicial Office"
by G P C Kotzé 35
Notes
“Reflections
on the Swaziland "Bill of Rights" ”
by I M Rautenbach
44
“Sec.
28 (1)(c): Counterclaim a Proceeding Incidental?"
by P van der Bank 50
Reviews
“Gower:
Independent Africa - the Challenge to the Legal Profession”
by F A de Villiers 55
“Janssen
van Raay: The Legal Position of the Professional Football
Player - a Comparative Study"
by P J Malan 63
“Olivier:
Die privaatreg van die Suid-Afrikaanse Bantoe"
by G Seymour Wood 65
“De
Vries: De dood van Jezus van Nazareth in het licht van geschie-
denis en rechtspraak"
by F A de Villiers 75
“Ter
Heide: Kort begrip van Romeins recht"
by W de Haan 82
1969 Vol 5
CONTENTS
Articles
“On
the Ancestry of the Private Law of South Africa”
byD Pont 3
“One
More Peep behind the Corporate Veil?”
by G Seymore Wood 30
Public Lecture
“Conveyancing
and Deeds Registration: The Neglected Law Subject"
by R M Jones 39
Notes
“Ulricus
Huber (1636-1694)”
by T L Matandela 56
“Some
Aspects of Defamation"
by W J Louw 61
“Aquae
et igni interdictio en capitis deminutio media"
by H A Wessels 68
Cases
“Holmes
v. North Western Motors (Upington) (Pty.) Ltd., 1968 (4)
S.A 198 (C)”
by F A de Villiers 70
“Underwater
Construction and Salvage Co. (Pty.) Ltd. v. Bell, 1968 (4)
S.A. 190 (C)"
by I M Mdlulwa 76
Review
“Kerr:
The Law of Lease"
by F A de Villiers and W de Haan 81
1970 Vol 6
CONTENTS
Articles
“Oor
juridiese tydsberekening in derdepartyversekeringsgewysdes”
byF A de Villiers 3
“Die
droster se verdiende loon? ”
by J Labuschagne 48
“Suidwes-Afrika:
'n dominium van die Republiek?"
by F Venter 70
1971-2 Vol
7
CONTENTS
Articles
“The
Transplantation of the Roman Dutch Law onto South Africa”
byD Pont 3
“The
Ticklish Problem of the "Wits Student" ”
by M L Lupton
18
“Capital
Punishment: A Retentionist's Views"
by L Roeleveld 25
“Bantu
Civil Courts in South Africa”
by E J H Yates 42
“The
Ixhiba and Isizinda House in Bantu Law"
by K J Renene 47
“Xhosa
and Fingo Fines for Seduction followed by Pregnancy"
by C P Noah 53
1973 Vol 8
CONTENTS
Articles
“Section
29(1) of the General Law Amendment Act, No. 101 of 1969
and the Law as it was on the 30th May, 1961.”
byProf J B Thom 3
“Criminal
Intent”
by Prof E Burchell
18
“Die
Handeling by die Misdaad Roof"
by Prof J M T Labuschagne 25
“Some
Aspects of Malicious Prosecution, Wrongful Arrest and the
Right of Privacy”
by M L Lupton 42
“The
Withering of the Rule of Law"
by F Venter 47
“Faculty
News 1973” 53
1974 Vol 9
CONTENTS
Articles
“The
Legal Significance of the Ubulunga Beast”
byD S Koyana 3
“Aanhouding
Sonder Verhoor Ingevolge
Veiligheidswetgewing”
by P de Pontes
17
“Enkele
Strafregtelike Aspekte van Ontug met Jeugdige Meisies"
by J Labuschagne 40
“Oenological
Nomenclature”
by A H van Wyk 61
“The
Purpose of Criminal Law and the Criminal Sanction - A Few
Remarks"
by D W Morkel 72
“The
Construction of a Law Curriculum - with reference to a University
for Blacks”
byM L Lupton 78
“Consent
to African Marriages”
by D K Nkadimeng
84
“Some
Cases on Sentence"
by J R du Plessis 91
1975 Vol 10
CONTENTS
Articles
“Tradition,
Modernization and the Transkei Constitution”
byJ Labuschagne 3
“Aspekte
in van Laster die Bantoereg”
by J Labuschagne 21
“The
Insolvency of the Hire Purchase Seller"
by J R du Plessis 36
“Die
Regsaard van die Openbare Diensverhouding”
by J Labuschagne 45
“Delictual
Liability for Seduction in South African Law"
by Neville Cloete 84
1982 Vol 11
CONTENTS
Articles
“Regsaard
van die Openbare Diensverhouding”
byJ Labuschagne 3
“Guilty,
What Now?”
by J R du Plessis
37
“Traditional
and Modern Law of Proceedure and Evidence of the Cape
Nguni - A Re-appraisal"
by R B Mqeke 46
“Community
or ANC?..... That is the Question”
by M J Lowe 57
“The
Creation of a Locus Religiosus in Roman Law"
by Neville Cloete 65
Notes
“Rage
Reaction: A variation on the Theme of Provocation”
by J R du Plessis 74
“Negligent
Misstatement in Contract"
by M J Lowe 79
“The
Evidential Value of an Accused's Statements in Instances
where a Plea of Not Guilty has been recorded”
by J R Midgley 83
“The
Element of Wrongfulness in a Trade Boycott”
by J Pienaar 90
“Review"
by J H Hilton 95
1983 Vol 12
CONTENTS
Articles
“The
Interaction of Customary Law and Received Western Law and
Legislation in the Field of Assault”
byD S Koyana 3
“Internal
Conflict of Laws in South Africa, Transkei and Ciskei”
by R B Mqeke 21
“Claims
by South African Customary Union Widows and Foreign
Widows of Similar Unions in respect of Loss of Support on the Death
of their Husbands"
by A J Kerr 37
“Wagers
- are Natural Obligations created?”
by J R Midgley 45
“The
Protection of Human Rights: Reality or Myth?"
by P L Volpe 57
Notes
“The
Fault Principle - alive and kicking in the divorce Act”
by J R Midgley 64
“Kompensasie
aan die Slagoffer van Misdaad"
by H F Snyman 72
“The
Share Premium Account Revisited”
by T M Jordan
81
“Has
it become necessary to consider the Negligent Actio Libera
in Causa seriously?”
by J R du Plessis 84
“Vergoedingsbevele:
Resente Ontwikkelings in Bophuthatswana”
by A W G Raath 88
“The
Nature of the Claim for Pain and Suffering: Cents and Sentiments"
by A J Pienaar 93
“Section
115: Silencing the court?”
by S A Manning
99
“The
Uncut Kind”
by J R Midgley 103
1984 Vol 13
CONTENTS
Articles
“Legal
Dualism in Lesotho, Botswana and Swaziland”
byA J G M Sanders 1
“Sanctity
of Contract: Wisdom of folly?”
by P L Volpe
16
“Reform
of land tenure in the Ciskei: A synopsis and evaluation
of the report of the Swart Commision"
by R B Mqeke 29
“The
effect of the cohabitation relationship on divorce proceedings”
by J R Midgley 43
“Should
we abolish the rule against hearsay?"
by A P Paizes 63
“The
new legal status of Zulu women and traditional institutions"
by C R M Dlamin 74
Notes
“Terminating
contracts of unspecified duration”
by P L Volpe 91
“Traditional
burial, "ukuncindisa" and mourning ceremonies of the Zulus"
by A E B Dhlodhlo 96
“The
onus of proof in cases of unlawful arrest”
by B S C Martin 101
“Review:
KHUMALO, The Civil Practice of all Courts for Blacks in
Southern Africa (Third Edition) (Juta & Co., Price R63.00)”
by R B Mqeke 112
1985 Vol 14
CONTENTS
Articles
“Whither
Lay Justice in South Africa?”
byC R M Dlamini 1
“Regsakkulturasie,
die Lobolo-Kontrak en 'n Gemeenregtelike
Huwelik”
by J M T Labuschagne
12
“The
Distinct Realms: Voet's De Statutis"
by N Cloete 43
“Law
making during the Principate: Revolution in perspective”
by A St. Q Skeen
55
“Welke
Begraafplaas? - Die Kanonieke aanwysingsreg"
by N Cloete 66
Notes
“Disrespect
to a Chief - A matter of National Security?”
by R B Mqeke 79
“The
Matrimonial Property Act 1984: First Impressions"
by P L Volpe 84
“Application
of the Maxim "Omnia Praesumuntur Rite Esse Acta"
in African Customary Law”
by R B Mqeke 90
“Some
Aspects of Consent to Injury"
by S K Parmanand 95
“S.
v Kwinana”
by R B Mqeke 99
1986 Vol 15
“A
Comparative Synopsis of the Internal Conflict Rules in Botswana,
Lesotho and Swaziland”
by A J G M Sanders 1
“Die
Ius Inferendi: 'n Scaevoliaanse Anakronisme”
by N Cloete 20
“Notice
of Applications for Provisional Sequestration"
by P A du Plessis and H M P Visser 76
Notes
“Another
look at S5 of the Divorce Act, 1979”
by P L Volpe 101
“The
Envolving Duties of Company Directors"
by P L Volpe 108
2002 Vol 16
(1) - June
“Customary law at the beginning of the twenty-first century: More
systems of law than one in a single court structure”
by AJ Kerr
1
“The clash between customary caw
and universal human rights”
by CRM Dlamini 26
“Legal pluralism and family Law in
the new constitutional dispensation
by RB
Mqeke 47
“The impact of the Constitution of
the Republic of South Africa on
certain selected aspects of customary law of succession”
by Matshilane Mokotong 58
“Culture and the South African
Constitution: An overview
by Obeng Mireku 91
“The grave of a family member: A
family asset in some communities”
by AEB Dhlodhlo 116
“Reasoning the wording of property
rights in the Constitution of South
Africa: Perspectives and predicaments”
by Khunou Samuelson
Freddie 123
“Chieftanship and headmanship are
not hereditary”
by DS Koyana 144
2002 Vol
16 (2) - December
CONTENTS
Articles
“Law teaching as a vocation”
by William
Twining 161
“Administrative justice and women’s
rights”
by Clive Plasket 181
“Standing to challenge governmental
acts: Current case law from
South Africa’s constitutional experiment”
by Chuks Okpaluba
208
“The place of customary law in the
general law of South Africa”
by DD Ndima
233
“Administration of justice by
traditional leaders in post-apartheid South
Africa”
by JC Bekker
240
“A false start: Evaluating spousal
immigration into South Africa against
an Australian backdrop”
by E Odhambio-Abuya
248
“Examples of judicial supervision
in the integration process in the
European Union: Lessons for Africa?”
by Joaquim de Gama 268
“Prosecuting crime in the South
African Constitutional state”
by AM Anderson
281
CASES AND COMMENTS
“State liability for wasted costs
in criminal matters: S v Campos”
by DJL Kotzé
286
“The scope of interested parties’
rights to procedural fairness in the
enforcement of South African anti-dumping law: Board on Tariffs
and Trade and others v Brenco Inc and others”
by Patrick C Osode
290
“Validity of polygamous marriages
and jurisdiction to supervise the estate
of deceased blacks: Nkonki v Nkonki
by Gugu Nkosi
301
“A note on the practical
implications of the Walters decision”
by Stephen de la Harpe
and Tharien van der Walt 304
“Judicial restraint and the
enforcement of socio-economic rights in the
Constitutional Court”
by Dieter Welz
313
BOOK REVIEW
SJ Cornelius Principles of the
Interpretation of Contracts in South Africa
by Derrick B Ross
318
2003 Vol 17
(1) - June
CONTENTS
Articles
“Enforcing judgments against the
state”
by Clive Plasket 1
“Indigenous land rights in South
Africa and Australia: A case comparison
by John Oxland 14
“Reclaiming the heritage of
freedom: A legal/historical perspective”
by Richman
Mqeke 24
“Constitutionalisation of standing
in South African public adjudication:
Some sundry issues”
by Chuks Okpaluba 31
“Credit with a conscience:
Liability of banks for complicity in human
rights violations”
by Shaun D Browne and
Vincent O Nmehielle 57
“Corporate theories and their
implications for the structure, form,
and operations of public enterprises in Lesotho”
by Wanyama
Kulundu-Bitonye 76
“The influence of European
Community Law on civil law with special
regard to the actual civil law reform in Germany”
by Gerhard
Ring 100
“Traditional authorities as organs
of state”
by JC Bekker 121
CASES AND COMMENTS
“The role of justice and equity in
the determination of African burial
disputes particularly where the deceased was a polygamist:
A comment on Thembisile and another v Thembisile and another”
by Richman
Mqeke 125
“Bail appeals from the High Court
and related procedures: S v Viljoen”
by DJL Kotzé 129
“No right to die as yet: A note on
the legal findings of the European
Court of Human Rights on euthanasia and assisted suicide”
by Dieter Welz 131
“A tribute to the Honourable Mr
Justice Plasket on his appointment to
the bench”
by Richman
Mqeke 141
2003 Vol 17
(2) - December
CONTENTS
Articles
“Justiciability, constitutional
adjudication and the law-making process:
A Commonwealth reflection (1)”
by Chuks Okpaluba
146
“Regulation of genetically modified
foods: The American experience”
by Joaquim de Gama
170
“Primogeniture and illegitimacy in
African customary law: The battle for
survival of culture”
by Jelili A Omotola
181
“Making sense of ‘arbitrariness’ in
the constitutional property clause”
by Kevin
Hopkins 204
“The treatment of foreign
polygamous marriages in private international
law”
by John Kiggundu
214
“Freedom of association in
contemporary International and South
African labour law”
by Mpfariseni Budeli
229
“Origin and Development of the
domain name system in South Africa”
by Pasno N Nyachowe 252
“Disclosure of sexual history
evidence in the wake of S v M”
by Tumo Charles Maloka 264
CASES AND COMMENTS
“Minimum sentences – what
constitutes substantial and compelling
circumstances: S v Kgafela
by DJL Kotzé
287
“Transferable ‘Not Transferable’
cheques again”
by David Matlala
293
“Presentation of evidence in
criminal trials through the use of
intermediaries: S v Majalati”
by DJL Kotzé and NM
Gardener
299
2004 Vol 18 (1) - June
CONTENTS
Articles
“Selected themes from Plato’s Laws and Aristotle’s Ethics and
Politics and their bearing on the South African Constitution”
by Derrick B Ross
1
“African family law and statutory
developments affecting the legal rights
of women in the new South Africa”
by Richman Mqeke
26
“Inheemse erfopvolgingsreg:
Opvolging in leierskapsposisies”
by Elmarie Knoetze
36
“Justiciability, constitutional
adjudication and the law-making process:
A Commonwealth reflection (2)”
by Chuks Okpaluba
57
“The South African Law Commission’s
Report on Unreasonable
Stipulations in Contracts and its potential effect on procedural
unfairness in the common law”
by Graham Glover
79
“Gender differentiation within
religious communities”
by Rolien Roos
96
“The new Broad-Based Black Economic
Empowerment Act: A critical
evaluation”
by Patrick C Osode
107
“The extent of justiciability of
socio-economic rights of children and
the courts’ application of these rights”
by Debra Horsten and
Linda Jansen van Resnburg 121
CASES AND COMMENTS
“A note on some aspects of
prospective damage and factual causation”
by PJ Visser 137
“Sexual harassment as a form of
unfair discrimination: Ntsabo v
Real Security”
by Liezel Ristow and
Avinash Govindjee 146
“Outcome based balancing:
Euthanasia in the context of separation
surgery on conjoined twins”
by Dieter Welz
153
“Ministerial interface in the
regulation of the private security industry”
by PJ Visser
162
2004 Vol 18 (2) - December
CONTENTS
Articles
“The preferential right of the
Local Government or the Body Corporate
above that of the mortgage boldholder during insolvency proceedings”
by Michelle Kelly-Louw
168
“Voorstelle ter hervorming van die
inheemse erfopvolgingsreg”
by Elmarie Knoetze
188
“Geldigheid van regulasie 2
uitgevaardig ingevolge artikel 26 van die
Padongelukfondswet 56 van 1996”
by Loma Steynberg and
Pieter Bakker 211
“Towards a characterisation of
contemporary South African law in
juridico-philosophical terms: A conspectus of selected perspectives”
by Derrick B Ross
226
“The relationship between the
environment and trade in the WTO:
Prolonging the conflict between North and South?”
by Werner Scholtz
250
“Making the documentary game a
paperless game: A legal
perspective on electronic transport documents in the context of
international sales”
by Juana Coetzee
266
“The Land Bank’s decision whether
or not to join in the insolvency
proceedings”
by Michelle Kelly-Louw 281
CASES AND COMMENTS
“Africa confronts cybercrime”
by Caroline B Ncube
312
“Legal pluralism in the Eastern
Cape from a historical and contemporary
perspective”
by Richman Mqeke
318
“The extent of recognition of
customs in indigenous law of marriage:
Mabuza v Mbatha”
by Gugulethu Mbatha
325
“Sexual harassment and employer
vicarious liability: Grobler v
Naspers Bpk en Samuels”
by Patrick Osode and
Lonias Ndlovu 330
2005 Vol 19 (1) - June
CONTENTS
Articles
“Enlarged legal theory and the
philosophy of delinquency: Upgrading
Walter Cade Reckless in integral terms, and practical implications”
by Derrick B
Ross 1
“Restorative justice, the African
philosophy of ubuntu and the diversion
of criminal prosecution”
by AM
Anderson 26
“The International Criminal Court:
Defining Core Crimes”
by Lirieka Meintjes-van
der Walt 39
“The link between Corporate Law
and Corporate Governance”
by Eddie Maluleke 63
“Genetically Modified Organisms: A
survey of the position in the
European Union”
by MM de Gama 78
“Corporate social responsibility”
by Stella Vettori 89
CASES AND COMMENTS
“Permanent Residents and
Eligibility for Social Grants: Khosa v
Minister of Social Development; Mahlaule v Minister of Social
Development”
by Avinash Govindjee and Liezel Ristow 107
“The Legal Regulation of Identity
Theft in South Africa”
by Caroline B Ncube
119
“Notes on some aspects and
implications of the use of private security
businesses to render guarding services to the South African Police”
by PJ Visser 124
2005 Vol 19 (2) - December
CONTENTS
Articles
“Legal pluralism in South Africa:
The resilience of Transkei’s separate
legal status in the field of private law”
by DS Koyana
131
“Rights-based Theory,
Postmodernism, and the Challenge of Juridical
Scholarship”
by Kemi Odujirin 143
“Defending the constitutionality of
the Land Bank’s exclusion from the
insolvency legislation”
by Michelle Kelly-Louw 164
“The Constitution, the Bill of
Rights, and the Law of Succession (1)”
by AJ
Kerr 181
“Gender discrimination in South
African jurisprudence: an exercise in
confusion”
by Irma J Kroeze 202
“The Truth and Reconciliation
Commission’s concept of restorative justice,
ubuntu, forgiveness and reconciliation”
by Melodie Slabbert 214
CASES AND COMMENTS
“Nolle prosequi! Corruption in the
political sphere and the decision not
to prosecute: a note on the Arms Deal matter”
by Dieter Welz 223
“The appointment of an unqualified
person as a temporary magistrate
in terms of section 9(3) of the Magistrates’ Courts Act 32 of 1944:
Piedt v The State”
by Morné
Olivier 233
“Research and publishing at Rhodes”
by AJ
Kerr 244
“Punching beyond its weight: the
first hundred years of Rhodes
University’s Law Faculty”
by JR
Midgley 247
2006 Vol 20 (1) - April
CONTENTS
Articles
“The Constitution, the Bill of Rights, and the Law of Succession (2)”
by AJ
Kerr 1
“Duress and enrichment claims: A
review article”
by Graham Glover
17
“The inclusion of trade measures in
MEAs: Necessary evil or dues ex
machina?”
by Werner Scholtz
36
“Comparative method: Comparing
legal systems and/or legal cultures?
by Lirieka Meintjes-van
der Walt
51
“Ownership most foul: The Achilles
heel of anti-money laundering
legislation?
by IL van Jaarsveld
65
“Childhood sexual abuse narratives:
Taking their place in a long line of
‘gendered harms’ and ‘mirrored silence’”
by Tumo Charles Maloka 78
CASES AND COMMENTS
“Westernization or promotion of
African women’s rights”
by Elmarie Knoetze
105
“Notes on the intended reform of
the law relating to public school fees”
by PJ Visser
112
“Free Speech, participation and
deliberation at municipal council level:
Swartbooi v Brink (2) 2003 5 BCLR 502 (CC)”
by Chuks Okpaluba
118
