The National Credit Act 34 of 2005 and the requirement of ‘E-signing in the physical presence of each contracting party’: Firstrand Bank Limited v Molamugae (24558/2016) [2018] ZAGPPHC 762; Firstrand Bank Limited v Silver Solutions 3138 CC (8400/2022P) [2023] ZAKZPHC 26 (7 March 2023); and Firstrand Bank Limited v Govender (2021/25131) [2023] ZAGPJHC 610 (1 June 2023)

by | Mar 9, 2025 | SAMLJ, SAMLJ V36 I2

CASE NOTES

The National Credit Act 34 of 2005 and the requirement of ‘E-signing in the physical presence of each contracting party’: Firstrand Bank Limited v Molamugae (24558/2016) [2018] ZAGPPHC 762; Firstrand Bank Limited v Silver Solutions 3138 CC (8400/2022P) [2023] ZAKZPHC 26 (7 March 2023); and Firstrand Bank Limited v Govender (2021/25131) [2023] ZAGPJHC 610 (1 June 2023)

Author: Ciresh Singh

ISSN: 1996-2185
Affiliations: Associate Professor, Department of Mercantile Law
University of South Africa
Source: South African Mercantile Law Journal, Volume 36 Issue 2, 2024, p. 319 – 332
https://doi.org/10.47348/SAMLJ/v36/i2a9

 Abstract

None

Navigating double jeopardy in Tax Law Motloung v Commissioner for the South African Revenue Service

by | Mar 9, 2025 | SAMLJ, SAMLJ V36 I2

CASE NOTES

Navigating double jeopardy in Tax Law Motloung v Commissioner for the South African Revenue Service

Author: Carika Keulder

ISSN: 1996-2185
Affiliations: Associate Professor, University of the Witwatersrand, School of Law
Source: South African Mercantile Law Journal, Volume 36 Issue 2, 2024, p. 346 – 360
https://doi.org/10.47348/SAMLJ/v36/i2a10

 Abstract

None

The role of consumer courts and the Motor Industry Ombudsman of South Africa in the realisation of rights for consumers: A critical analysis of KwaZulu-Natal Consumer Protector v Jatru Trading (Pty) Ltd t/a Trucking Traders [2023] ZANCT 14

by | Mar 9, 2025 | SAMLJ, SAMLJ V36 I2

CASE NOTES

The role of consumer courts and the Motor Industry Ombudsman of South Africa in the realisation of rights for consumers: A critical analysis of KwaZulu-Natal Consumer Protector v Jatru Trading (Pty) Ltd t/a Trucking Traders [2023] ZANCT 14

Author: Tshepiso Scott-Ngoepe

ISSN: 1996-2185
Affiliations: Senior Lecturer, Department of Mercantile Law, University of Pretoria
Source: South African Mercantile Law Journal, Volume 36 Issue 2, 2024, p. 346 – 360
https://doi.org/10.47348/SAMLJ/v36/i2a11

 Abstract

None

The Procurement, Removal and Use of Human Tissue and Organs in South African Law: a Legal-Historical Analysis

by | Mar 1, 2025 | FUND, FUND V30I2

The Procurement, Removal and Use of Human Tissue and Organs in South African Law: a Legal-Historical Analysis

Authors Melodie Labuschaigne and Magda Slabbert

ISSN: 2411-7870
Affiliations: BA BA(Hons) MA DLitt (UP) LLB LLD (Unisa). Professor, Department of Jurisprudence, School of Law, University of South Africa; BA (UFS) BA(Hons) (US) HED (UFS) LLB (Unisa) LLD (UFS). Professor, Department of Jurisprudence, School of Law, University of South Africa
Source: Fundamina, Volume 30 Issue 2, p. 1-32
https://doi.org/10.47348/FUND/v30/i2a1

Abstract

The current legal framework regulating human tissue and organ procurement, removal and use is inconsistent, inadequate and often ambiguous. By tracing the legal developments relating to the regulation of human tissue and organs since the inception of the first South African regulatory framework in 1952, this contribution seeks to determine the origin of existing limitations and challenges pertaining to this field. Case law is also discussed to illustrate the lack of understanding and complexity regarding the application of the relevant provisions in a practical context. The study concludes with a number of recommendations aimed at closing the identified gaps, based on past best practice emerging from the legal-historical analysis conducted.

The Historical Relation of English Common Law and Classical Islamic Law: a Critical Examination

by | Mar 1, 2025 | FUND, FUND V30I2

The Historical Relation of English Common Law and Classical Islamic Law: a Critical Examination

Authors Nehaluddin Ahmad and Zheimie H Zamri

ISSN: 2411-7870
Affiliations: Law Professor at Sultan Haji Hassanal Bolkiah Faculty of Law, Sultan Sharif Ali Islamic University, Brunei Darussalam. LLB (Hons) MA (Composite History) LLM (Constitutional Law and Administrative Law) (Lucknow University) LLM (IT and Telecom Law) (University of Strathclyde) LLD (Meerut University); PhD Law candidate at Sultan Haji Hassanal Bolkiah Faculty of Law, Sultan Sharif Ali Islamic University, Brunei Darussalam. HND (Islamic criminal justice system) (Sultan Sharif Ali Islamic University) BA (Sharīʻah law) (Hons) (Sultan Sharif Ali Islamic University) LLB (Hons) (Sultan Sharif Ali Islamic University) LLM (International law) (Sultan Sharif Ali Islamic University)
Source: Fundamina, Volume 30 Issue 2, p. 33-63
https://doi.org/10.47348/FUND/v30/i2a2

Abstract

In the twelfth century, the establishment of common law under Henry II, king of England, marked a pivotal moment in the evolution of the English legal system. While the roots of this legal framework are traditionally traced back to Roman and canon law traditions, there is ongoing debate among historians regarding potential direct influences from Islamic legal institutions. Arab civilisation significantly influenced the identity of Sicily, ruling the island for more than two centuries until its conquest by Norman knights in 1061. This contribution seeks to examine critically the historical connections between classical Islamic law, as practised in Arab Sicily, and specific legal principles evident in the common law of England. The analysis delves into the origins of concepts, such as trust (waqf), the primacy of law over the state, individual freedoms, contractual freedom, judicial impartiality and the doctrine of res judicata. It conducts a comparative study to highlight the similarities and differences between these two legal systems. This study clearly indicates that the interaction between Islamic and common law traditions left a lasting imprint on legal systems worldwide, underscoring the significance of cultural exchange, but also emphasises the dynamic nature of legal evolution through cross-cultural influences.