Customary marriages are essentially polygamous. Courts were of the opinion that the nature of customary marriages are against public policy and natural justice. The Interim Constitution, 1993 gave effect to the consequences of customary marriages in principle XIII, while section 15(3) of the Constitution of the Republic of South Africa, 1996 allows for the recognition of marriages concluded in terms of custom. These marriages may, however not be in conflict with the Bill of Rights. Recognition was given to lobolo as the courts could not find it to be against public policy as is reflected initially in section 11 (1) of the Black Administration Act 38 of 1927 and subsequently in section 54A of the Magistrate's Court Act 32 of 1944 and section 1 of the Law of Evidence Amendment Act 45 of 1988. In 1998 the Recognition of Customary Marriages Act 120 of 1998 was promulgated to give recognition to customary marriages. In this study, the question to what extent customary marriages and the Recognition of Customary Marriages Act 120 of 1998 are consistent with the Constitution within a democratic society based on equality, freedom and human dignity is addressed. It was found that the purpose of the Recognition of Customary Marriages Act 120 of 1998 is not only to give recognition to customary marriages, but to amend the traditional customary rules which may be inconsistent with the Bill of Rights. The Act succeeds in this. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2006.

Customary marriages are essentially polygamous. Courts were of the opinion that the nature of customary marriages are against public policy and natural justice. The Interim Constitution, 1993 gave effect to the consequences of customary marriages in principle XIII, while section 15(3) of the Constitution of the Republic of South Africa, 1996 allows for the recognition of marriages concluded in terms of custom. These marriages may, however not be in conflict with the Bill of Rights. Recognition was given to lobolo as the courts could not find it to be against public policy as is reflected initially in section 11 (1) of the Black Administration Act 38 of 1927 and subsequently in section 54A of the Magistrate's Court Act 32 of 1944 and section 1 of the Law of Evidence Amendment Act 45 of 1988. In 1998 the Recognition of Customary Marriages Act 120 of 1998 was promulgated to give recognition to customary marriages. In this study, the question to what extent customary marriages and the Recognition of Customary Marriages Act 120 of 1998 are consistent with the Constitution within a democratic society based on equality, freedom and human dignity is addressed. It was found that the purpose of the Recognition of Customary Marriages Act 120 of 1998 is not only to give recognition to customary marriages, but to amend the traditional customary rules which may be inconsistent with the Bill of Rights. The Act succeeds in this. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2006.

Die hoeksteen vir die sluiting van 'n koopkontrak is die bedoeling van een party om te koop en die ander om te verkoop. Dit is belangrik om die aard van die ooreenkoms vas te stel om te bepaal watter remedies effektiewelik tot die beskikking van die benadeelde party is. Die vraag wat beantwoord moes word is of die actio quanti minoris tot die beskikking is van 'n benadeelde party waar die ooreenkoms gesien is as 'n inruiltransaksie. Dit is van belang omdat die actio quanti minoris net van toepassing was by koopkontrakte. Die uitgangspunt in Janse van Rensburg v Grieve Trust is dat gelyke regte gegee moet word aan beide koper en verkoper en dat die actio quanti minoris toepassing vind op beide inruiltransaksies en koopkontrakte. Dit is tot op datum ons howe se benadering tot toepassing van die aedilisiese aksies. Copyright / Dissertation (LLM)--University of Pretoria, 2010. / Mercantile Law / unrestricted

The purpose of this study is to investigate the transformation process that has taken place in the local government sphere over the past sixteen years. This process is based on the Constitution, Act 108 of 1996. Transformation applies to all areas of society, including the disabled – the focus point of this study. More specifically the focus of the study is on the effect of the transformation process on the disabled. The study was done within Ekurhuleni Metropolitan Municipality, taking into consideration the Constitution of 1996, as well as internal policies. The main focus during this study is to emphasize the position of the disabled, focusing on recognition, basic needs, funding, promotion, careers, and the incorporation of the disabled into the Municipality. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2011.

This study begins with the question: "Is there a place for a Christian ethical code of conduct in the diverse and complex business world of today?" In chapter 2 I explain the context wherein one should understand this question. If you look at the history of South Africa you will see that there was discrimination that took place over a long period of time on the basis of race, religion and gender and that makes this issue a very sensitive one. The reason why it is so sensitive is if there were to be a Christian ethical code of conduct in the workplace could it lead to discrimination again? That is not allowed to happen under the current Constitution of South Africa. But the other side is also true, if you don?t have a Christian ethical code won?t you loose the beautiful things Scripture gives us on how to treat all people equally and fairly within the workplace? This study will show that according to the Constitution of South Africa it is possible to have a Christian ethical code of conduct as long it does not exclude any employee. In chapter 3 we have a look at Scripture that gives us guidelines on how to treat all people and also people in the workplace. Here are some examples: * the way employees should be handled; * the number of working hours the employees should be working; * the remuneration of the employees – is it fair; * how the Shareholders? / Stakeholders? interests are looked after; * the manner in which the business is being managed; * the Constitutional business environment; * the international law that transcends borders where macrobusinesses do business. In chapter 4 we look at the Christian ethical perspective in the business. We look at the role of the economy and the core values to manage a business. In chapter 5 we end with an example of a workable Christian ethical code of conduct and we compare two large business codes of conduct. / Thesis (Th.M. (Ethics))--North-West University, Potchefstroom Campus, 2011.

The degree to which the SABC as public broadcaster gives shape to its language policy and language mandate, against the background of an investigation of language rights, establishes the central problem statement of this research. It is widely acknowledged that it is difficult to define the concept of language rights. 14khough the language-sociological literature associates this concept with minority and cultural rights, it can also be seen as individual rights. According to the Constitution of the Republic of South Africa,1996,it is clear that language rights should be seen as individual rights that can be exercised within a particular community. Although this dissertation provides an extensive juridical and language sociological explanation of the concept of language rights, the description by Judge Able Sachs will be used as a working definition for this research. His division between the following four fundamental language rights, viz.: (i) the right to use your language; (ii) the right to develop your language; (iii) the right to be understood and to understand other languages as well as (iv) the right not to be discriminated against because of your language, provides a useful investigation instrument with which the degree to which the SABC-TV acknowledges and protects language rights can be measured. It is found that despite the policy documents on national and corporate level that has equal consideration and treatment of the diverse South African languages in mind, it still happens that the SABC-TV fails to give form to the language rights of individuals that belong to indigenous minority language groups in South Africa. Due to this, the research suggests that the extensive implementation of subtitles, as a form of screen translation that differs from lip synchronised dubbing, can make a significant contribution to the acknowledgement and protection of language rights by the SABC-TV. In addition to a discussion on what subtitles entail, the technical nature and specific parameters thereof, a feasibility study is included within which the affordability of this project for the SABC-TV is indicated. It is found that this form of screen translation is ideal for the South African situation because it is cheaper than both lip synchronised dubbing and the creation of new television programmes, but also because it can effectively be employed in regional broadcasts. Furthermore, the use of bilingual subtitles and pivot subtitles are also alternatives that may be considered. It is essential though that subtitles can indeed contribute to the way in which the SABC, as a public broadcaster, acknowledges and protects the fundamental language rights of the multitude of South Africans that belong to different language communities in South Africa. / Thesis (M.A. (Afrikaans))--North-West University, Vaal Triangle Campus, 2004.

The degree to which the SABC as public broadcaster gives shape to its language policy and language mandate, against the background of an investigation of language rights, establishes the central problem statement of this research. It is widely acknowledged that it is difficult to define the concept of language rights. 14khough the language-sociological literature associates this concept with minority and cultural rights, it can also be seen as individual rights. According to the Constitution of the Republic of South Africa,1996,it is clear that language rights should be seen as individual rights that can be exercised within a particular community. Although this dissertation provides an extensive juridical and language sociological explanation of the concept of language rights, the description by Judge Able Sachs will be used as a working definition for this research. His division between the following four fundamental language rights, viz.: (i) the right to use your language; (ii) the right to develop your language; (iii) the right to be understood and to understand other languages as well as (iv) the right not to be discriminated against because of your language, provides a useful investigation instrument with which the degree to which the SABC-TV acknowledges and protects language rights can be measured. It is found that despite the policy documents on national and corporate level that has equal consideration and treatment of the diverse South African languages in mind, it still happens that the SABC-TV fails to give form to the language rights of individuals that belong to indigenous minority language groups in South Africa. Due to this, the research suggests that the extensive implementation of subtitles, as a form of screen translation that differs from lip synchronised dubbing, can make a significant contribution to the acknowledgement and protection of language rights by the SABC-TV. In addition to a discussion on what subtitles entail, the technical nature and specific parameters thereof, a feasibility study is included within which the affordability of this project for the SABC-TV is indicated. It is found that this form of screen translation is ideal for the South African situation because it is cheaper than both lip synchronised dubbing and the creation of new television programmes, but also because it can effectively be employed in regional broadcasts. Furthermore, the use of bilingual subtitles and pivot subtitles are also alternatives that may be considered. It is essential though that subtitles can indeed contribute to the way in which the SABC, as a public broadcaster, acknowledges and protects the fundamental language rights of the multitude of South Africans that belong to different language communities in South Africa. / Thesis (M.A. (Afrikaans))--North-West University, Vaal Triangle Campus, 2004.

The purpose of this study is to investigate the transformation process that has taken place in the local government sphere over the past sixteen years. This process is based on the Constitution, Act 108 of 1996. Transformation applies to all areas of society, including the disabled – the focus point of this study. More specifically the focus of the study is on the effect of the transformation process on the disabled. The study was done within Ekurhuleni Metropolitan Municipality, taking into consideration the Constitution of 1996, as well as internal policies. The main focus during this study is to emphasize the position of the disabled, focusing on recognition, basic needs, funding, promotion, careers, and the incorporation of the disabled into the Municipality. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2011.

This study begins with the question: "Is there a place for a Christian ethical code of conduct in the diverse and complex business world of today?" In chapter 2 I explain the context wherein one should understand this question. If you look at the history of South Africa you will see that there was discrimination that took place over a long period of time on the basis of race, religion and gender and that makes this issue a very sensitive one. The reason why it is so sensitive is if there were to be a Christian ethical code of conduct in the workplace could it lead to discrimination again? That is not allowed to happen under the current Constitution of South Africa. But the other side is also true, if you don?t have a Christian ethical code won?t you loose the beautiful things Scripture gives us on how to treat all people equally and fairly within the workplace? This study will show that according to the Constitution of South Africa it is possible to have a Christian ethical code of conduct as long it does not exclude any employee. In chapter 3 we have a look at Scripture that gives us guidelines on how to treat all people and also people in the workplace. Here are some examples: * the way employees should be handled; * the number of working hours the employees should be working; * the remuneration of the employees – is it fair; * how the Shareholders? / Stakeholders? interests are looked after; * the manner in which the business is being managed; * the Constitutional business environment; * the international law that transcends borders where macrobusinesses do business. In chapter 4 we look at the Christian ethical perspective in the business. We look at the role of the economy and the core values to manage a business. In chapter 5 we end with an example of a workable Christian ethical code of conduct and we compare two large business codes of conduct. / Thesis (Th.M. (Ethics))--North-West University, Potchefstroom Campus, 2011.

The South African legal system is dualistic in nature with the one part consisting of the Western common law and the other consisting of African customary law. Although these two legal systems enjoy equal recognition, they regularly come into conflict with each other due to their divergent value systems. It is especially within the context of the South African criminal law that this conflict becomes apparent, because an accused's conduct can be viewed as lawful in terms of African customary law, but unlawful in terms of the South African common law. In such cases the accused may attempt to raise a cultural defence by putting forth evidence of his cultural background or values to convince the court that his prima facie unlawful conduct is actually lawful and that he should escape criminal liability. Alternatively, an accused may put forth evidence of his cultural background or values in an attempt to receive a lighter sentence. The question which therefore arises is whether a so-called "cultural defence" exists in the South African criminal law, and if so, what the influence of such a defence on the South African criminal law is. The conflict between African Customary law and the South African common law in the context of the criminal law arises due to the fact that the indigenous belief in witchcraft, (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the phenomenon of "necklacing" and the custom of ukuthwala can result in the commission of various common law crimes. In the case of witch-killings, the perpetrators can be charged with the common law crimes of murder or, if the victim survives, attempted murder, common assault or assault with intent to do grievous bodily harm. Similarly, necklacing, as a method used for killing witches, can also result in the commission of these common law crimes. What is more, the perpetrators of witch-killings can also be charged with the statutory crimes of accusing someone of witchcraft, pointing the victim out as being a witch or wizard or injuring a person based on information received from a traditional healer, or similar person. The indigenous belief in the tokoloshe can lead to the commission of the common law crimes of murder or, if the victim survives, common assault or assault with intent to do grievous bodily harm. The perpetrators of mutimurders can also face charges of murder or attempted murder, if the victim survives. The indigenous custom of ukuthwala can result in the commission of common law crimes such as abduction, kidnapping and common assault, as well as the statutory crime of rape. A perusal of South African case law dealing with the indigenous beliefs and customs above reveals that the accused in such cases have indeed attempted to put forth evidence of their indigenous beliefs or customs to persuade the criminal courts that they should escape criminal liability for a particular crime. In fact, these arguments were raised within the context of the existing common law defences such as private defence, necessity, involuntary conduct and a lack of criminal capacity. However, the South African criminal courts have up till now in general been unwilling to accept arguments of indigenous beliefs and customs to serve as a defence, either alone or within the context of the existing defences above, for the commission of a common law or statutory crime. They have, however, been more willing to accept evidence of an accused's indigenous belief or custom to serve as a mitigating factor during sentencing. The extent to which an accused's cultural background will serve as a mitigating factor will, of course, depend on the facts and circumstances of each case. As a result an accused who is charged with the commission of a culturally motivated crime has no guarantee that his cultural background and values will in fact be considered as a mitigating factor during his criminal trial. It is thus ultimately concluded that a so-called "cultural defence" does not exist in the South African Criminal law. The indigenous beliefs and customs above not only result in the commission of common law or statutory crimes, but also in the infringement of various fundamental human rights in the Constitution. Witch-killings result in the infringement of the constitutional right to life and the right to freedom and security of the person. However, witches and wizards who are persecuted for practising witchcraft are also denied their right to a fair trial entrenched in the Constitution. Similarly, muti-murders and necklacing also result in the infringement of the right to life and the right to freedom and security of the person entrenched in the Constitution. The custom of ukuthwala results in the infringement of the right to equality, the right to freedom and security of the person, the right to live in an environment that is not harmful to health or well-being, the right not to be subjected to slavery, servitude or forced labour, the right to basic education and other constitutional safeguards aimed at protecting children. In light of the constitutional right to freedom of culture and the right to freely participate in a cultural life of one's choosing the question can be asked whether the time has come to formally recognise a cultural defence in the South African criminal law. In this study it is argued that these constitutional rights do not warrant the formal recognition of a cultural defence. Instead, it is recommended that the conflict between African customary law and the South African common law can be resolved by bringing indigenous beliefs and customs in line with the values that underpin the Constitution as the supreme law of South Africa. Of course, this does not mean that the courts should ignore cultural considerations during a criminal trial if and when they arise. In fact, as pointed out in this study, the courts have a constitutional duty to apply African customary law when that law is applicable. It goes without saying that, when an accused attempts to escape criminal liability for his unlawful conduct by raising arguments of his cultural background, African customary law will be applicable and must be considered by the court. This in turn raises the question as to how the criminal courts can ensure that they give enough consideration to the possibility that an accused's criminal conduct was culturally motivated so as to comply with their constitutional mandate referred to above. Although it would be nearly impossible to formulate a perfect or flawless approach according to which a judicial officer can adjudicate criminal matters involving culturally motivated crimes, the author suggests the following practical approach which may provide some guidance to judicial officers in dealing with cases involving culturally motivated crimes: • Step 1: Consider whether the commission of the crime was culturally motivated or not. If it seems as though the accused did not commit a culturally motivated crime, the trial can continue on that basis. If, however, it is evident that the accused indeed committed a culturally motivated crime, step 2 follows. • Step 2: Once it has been determined that the commission of the crime was culturally motivated, the next step is to determine which indigenous belief or custom led to the commission of the crime. Once the relevant indigenous belief or custom has been identified, step 3 follows. • Step 3: When it is clear which indigenous belief or custom led to the accused's commission of the crime, the next step is to determine whether arguments pertaining to that particular indigenous belief or custom may be raised within the context of the existing defences in the South African Criminal law in order to exclude the accused's criminal liability. If an accused relies on one of the existing defences in the South African criminal law, he will have to lay a proper evidential foundation for his defence before the court. In assessing the evidence put forth by the accused, the judicial officer must consider the judgment and reasoning in previous cases dealing with the particular indigenous belief or custom. A judicial officer must also consider the values underpinning the Constitution when conducting such an assessment. If a judicial officer upholds an accused's defence, the accused is acquitted. However, if the judicial officer rejects an accused's defence, the accused must be convicted and step 4 follows. • Step 4: Once an accused has been convicted, a court should consider whether arguments of his cultural background can serve as an extenuating circumstance, mitigating the punishment to be imposed on him. However, the practical approach above merely serves as a suggestion to judicial officers in dealing with culturally motivated crimes and ultimately it will be up to the judiciary to develop both the Western common law and African customary law to resolve the criminal law conflicts between these two legal systems. The research for this study was concluded in November 2013. / LLD, North-West University, Potchefstroom Campus, 2014