The Little Karroo
TABLE OF CONTENTS DECLARATION......................................................................................................................................... 3 ACKNOWLEDGEMENTS ....................................................................................................................... 4 DEDICATION............................................................................................................................................. 5 CHAPTER 1: INTRODUCTION ..............
ABSTRACT The research question central to the thesis is stated as follows: what are the implications of new technological phenomena in South African law to the existing legal frameworks in relation to (i) investigatory powers of law enforcement and security and intelligence agencies to obtain electronic evidence, and (ii) its subsequent admissibility in criminal proceedings? Written with an emphasis on South African law, but also taking into account aspects of foreign and international law, ...
ABSTRACT Violent crime in South Africa has reached epidemic levels, and something needs to be done about it as a matter of urgency. While the huge socio-economic inequalities in South Africa remain the main cause of crime in South Africa, the focus of this dissertation is on the inefficient, ineffective and unaccountable South African Police Service (SAPS), and how its failings have contributed to the public safety crisis South Africa is faced with presently. In this dissertation I suggest th...
ABSTRACT OF THESIS Judges of formal courts in Nigeria and South Africa do not easily have access to the contents of customary law they are required to apply in the course of adjudication and this has been a major challenge. This thesis examines the processes that courts adopt in the ascertainment and application of living customary law in Nigeria and South Africa in order to discover factors that influence the ascertainment and application of customary law. This research is qualitative in na...
TABLE OF CONTENTS Introduction 3 Objective 6 Chapter 1: The trust concept 10 1.1 A brief history of the origins of trust 10 1.2 Development through legislation 11 1.3 What is a trust? 13 1.4 Development through case law 14 Chapter 2: The elements of a valid trust 20 2.1 The essential elements for creation of a valid trust 20 2.2 Intention to create a trust 23 2.2.1 Intention manifested by the deed – form 24 2.2.2 Intention manifested by administration – substance 25 Chapter 3: The courts�...
ABSTRACT The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to ...
Abstract This paper examined the conditions for the grant of Order of Injunction Pending Appeal by Nigerian Courts. The paper traced the origin of the Order from the English authorities, and the adoption into the Nigerian judicial system. The author examined the High Court of Lagos State Rules and the Federal High Court Rules to establish the procedural source of the application of the Injunction Pending Appeal by the Courts and concluded that the rules do not support the Order. The confus...
ABSTRACT War is gradually taking the front burner in international politics. In some case peaceful resolution of a crisis is possible and fully exploited to achieve peace and order in a state. However, where such attempt to resolve crisis fails, skirmishes and clashes may snowball into war. The impact of war on human population has invariably been sanguinary, devastating and catastrophic. Sometimes, the population of a nation is completely extirpated through bloody massacre geared towards th...
Criminal prosecution is an essential and integral part of the criminal justice system. Criminal justice deliver prosecution service that should bring offenders to justice, help reduce both crime and the fear of crime thereby promoting public confidence. Awaiting trial is a general trend in all the prisons in Nigeria with over 65% of Nigeria prisoners still awaiting trial. It therefore becomes a phenomenon with the criminal justice system and it seemingly impinge inmates their right to fair pr...
ABSTRACT The escalation of criminal activities in recent times in Nigeria has necessitated the invention of a new approach to crime control and prevention. Ordinarily, the police are saddled with the responsibility of crime prevention and control. However, the high rate of violent crimes, political thuggery, kidnapping, bombing, vandalism, prostitution and corruption has led to the adoption of community policing strategy in most localities to supplement the efforts of the Nigerian Police in ...
ABSTRACT Considering the importance of arbitration in the settlement of commercial disputes world over, this work has its focus on the effect of time limitation in the enforcement of foreign arbitral awards in Nigeria being that the current legal position in Nigeria on the limitation period for enforcement of arbitral awards appears to be narrow and too limited compared to what obtains in other parts of the world especially in jurisdictions like England, China and Hong Kong which in our view...
INTRODUCTION As the capacity of the government in Africa to address development problems dwindle, the negative effects of globalization became more glaring. There is therefore need for increased emphasis on the role of civil society in African States to fill in the gaps. With the fast approach of the 21st century, ways of enhancing the role of civil society should be the focus of developing African States. The specialized features of civil society to the development challenge in Africa, in th...
ABSTRACT Since 1996 approximately 5.4 million citizens of the Democratic Republic of the Congo (DRC) have lost their lives as a result of the humanitarian crisis currently going on. Various warring ethnic groups have been committing terrible crimes against international law. War crimes and crimes against humanity such as rape, murder, recruitment of child soldiers and indiscriminate attacks on the civilian population have caused unspeakable suffering to civilians, especially in the eastern ...
ABSTRACT This study aimed at examining critically the legal machinery for creating debenture by companies, rights of the debentures holders and methods of enforcement of the debenture in Nigeria. The machinery for raising capital through debenture is not well articulated in the Companies and Allied Matters Act (CAMA) 1990. The position of the law on the rights and duties of the parties to a floating charge is inadequate and reforms are urgently required as current edition of the law allo...