ISSN: 2521-2621
Affiliations: Associate Professor, University of Sharjah
Source: African Yearbook on International Humanitarian Law, 2023, p. 147 – 150
https://doi.org/10.47348/AYIH/2023/a7
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ISSN: 2521-2621
Affiliations: Former legal adviser, South African Department of International Relations and Cooperation, Senior Research Associate, University of Johannesburg.
Source: African Yearbook on International Humanitarian Law, 2023, p. 151 – 155
https://doi.org/10.47348/AYIH/2023/a8
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ISSN: 1996-2177
Affiliations: Lecturer, Department of Private Law, University of Cape Town
Source: South African Law Journal, Volume 142 Issue 2, p. 207-223
https://doi.org/10.47348/SALJ/v142/i2a1
The Constitutional Court’s confirmation that former President Jacob Zuma was disqualified from standing as a candidate in South Africa’s general election on 29 May 2024 created waves throughout political and legal circles. In this case note, I assess the treatment of one particular legal issue on which a unanimous Electoral Court and a unanimous Constitutional Court reached opposite conclusions, namely whether Zuma’s sentence for contempt of court fell within the ambit of the disqualification provision contained in s 47(1)(e) of the Constitution. Through the prism of the practical, inclusive method of constitutional interpretation, I criticise the Electoral Court for its handling of the issue and deem its conclusion, namely that Zuma’s sentence fell outside the provision, to be manifestly wrong. By contrast, I commend the Constitutional Court for its handling of the issue and find its conclusion, namely that Zuma’s sentence fell within the provision, to be patently correct.
ISSN: 1996-2177
Affiliations: Professor in Private Law, University of Johannesburg
Source: South African Law Journal, Volume 142 Issue 2, p. 224-247
https://doi.org/10.47348/SALJ/v142/i2a2
An executor’s remuneration for the administration of the estate is determined according to a prescribed tariff in the absence of an explicit clause in the will, and the Master taxes it according to the gross value of assets in the estate. The executor is entitled to receive the appropriate remuneration out of the estate’s assets. If the gross value includes the value, for example, of the joint estate where the deceased was married in community of property or of a fideicommissary asset that formed part of the deceased’s estate as fiduciary assets, this inflated value translates into an enhanced calculated remuneration that the executor could receive out of the residue of the assets of the estate. This, in turn, results in the unjustified impoverishment of all other beneficiaries and is to the unjustified benefit of the fideicommissary.
ISSN: 1996-2177
Affiliations: Associate Professor, School of Law, University of KwaZulu-Natal; Honorary Visiting Researcher, Oxford Brookes University; Retired Justice of the Supreme Court of Appeal of South Africa
Source: South African Law Journal, Volume 142 Issue 2, p. 247-259
https://doi.org/10.47348/SALJ/v142/i2a3
Unmarried permanent life partnerships have become a common phenomenon in South Africa. In EW v VH 2023 (4) SA 123 (WCC), the Western Cape High Court had to deal with an application for maintenance pendente lite and a contribution towards costs following the termination of a ‘permanent romantic relationship’. Part of the application was a prayer for developing the common law to recognise a claim for ongoing maintenance for life partners. An interim and constitutionally sound remedy for such couples upon the breakdown of their relationship needed to be found in the interests of justice. We examine the court’s constitutional duty to promote the spirit, purport and objects of the Bill of Rights when developing the common law and conclude that the lack of maintenance pendente lite protection for life partners undoubtedly constitutes unfair discrimination against a traditionally disadvantaged group: unmarried, cohabiting women.