private law south african mineral law theory

Law of South Africa - Wikipedia

As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim ...

South African Mineral Law: Theory, Context and Reform ...

In enabling study of the theory and practice of mineral law, this course focuses on building understanding of the complexities of South African mineral law in …

Foundations of South African Law | Department of Private Law

In the second semester, students engage in a review of the development of the culture of public law, through the fluctuating fortunes of the rule of law, followed by a section on the role of law in the transformation from Apartheid to constitutional democracy, transformative constitutionalism, and transformative legal culture.

Chapter 7 Theoretical foundations of data protection in ...

In South African law, the question of delictual liability is governed by a generalising approach, 19 allowing for the recognition and protection of personality interests, such as …

Law - Wits University

School of Law Located in Johannesburg, South Africa, the School of Law is a premier institution for legal studies on the African continent. Students can expect to be stimulated and challenged by a rigorous academic programme, delivered by some of South Africa's most prominent legal academics.

Juta - Private International Law

The growing sophistication of South African private international law has become more evident in the years since the last edition. The Supreme Court of Appeal has delivered several important judgments which have had significant impacts on the law.

Does Privilege Theory Boost South Africa-Style ...

The South African parliament is considering an amendment to their constitution to allow for "expropriation without compensation" of private property for the purpose of "land reform ...

Southern Cross: Civil Law and Common Law in South Africa ...

This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental civil law came about in that jurisdiction.

The status of international law in Namibian national law ...

The Republic of Namibia, formerly South West Africa, attained independence in 1990.1 Thereupon Namibia adopted a national Constitution that not only embraces general international law – or, rather, is international-law-positive 2 – but also regulates the

South African mineral law: A historical overview of the ...

South African mineral law has always been based on the Roman and Roman- Dutch law premise that the landowner is also the owner of the minerals embedded in and under the soil of the land he owned. 4 The underlying basis

Nationalisation of mineral rights in South Africa - SAFLII

Nationalisation of mineral rights in South Africa 127 minerals. The right granted to the third person could apply in general or only in respect of a particular category of minerals.

Unjustified enrichment: South Africa ... - Private Law Theory

Unjustified enrichment: South Africa and Europe Steve Hedley on 8 February 2014 — Leave a Comment "A workshop took place in the famous Raeburn Room at Edinburgh University on Friday 24 January on the theme of New Directions in Unjustified Enrichment: Learning from South Africa .

Roman-Dutch Law in its South African Historical Context ...

Keywords: South African law, Roman-Dutch law, legal system, South Africa Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Fairness and Natural Justice in English and South African Law

FAIRNESS AND NATURAL JUSTICE IN ENGLISH AND SOUTH AFRICAN LAW* PART I 1 INTRODUCTION Since the landmark decision in Ridge v Baldwin' the notion of pro-

LLM Courses | Mineral Law in Africa

The Chair currently offers three courses at Masters level. These are RDL5632F: Oil and Gas Law in South Africa, RDL5631S: Negotiation of mining contracts and RDL5630S: Comparative Mineral Law in Africa.

South African property law - Wikipedia

South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection ...

MLiA UCT - HOME | Mineral Law in Africa

The DST/NRF South African Research Chair: Mineral Law hereby invites applications for postgraduate research positions for 2019.

A humanistic approach to divorce and family mediation in ...

A humanistic approach to divorce and family mediation in the South African context ... local realities and existing mechanisms into account. 32 Traditional humanistic mediation principles could be included in divorce and family mediation in South Africa in private mediation practice, ... Journal of South African Law (TSAR), 25 (4), ...

socialsciences.exeter.ac.uk

THE CONTRIBUTION OF ENGLISH LAW TO SOUTH AFRICAN LAW; AND THE RULE OF LAW IN SOUTH AFRICA BY The Hon. O. D SCHREINER. M.C,, LL.D. Formerly of the Appellate Division of

Sampling in the South African minerals industry - SAIMM

Gy's Theory of Sampling in South Africa can be attributed to a number of factors, chief amongst them being the development of a ... presented many in-house courses to private mining companies. In a number of cases this led to the identification ... South Africa's mineral diversity and abundance is demonstrated by the fact that 53 different ...

The History of South African Law and its Roman-Dutch Roots

laws to a specific South African law. Up to today, the legal systems of South Africa, Lesotho, Swaziland, Zimbabwe, Botswana and Namibia are based on Roman-Dutch

Minerals and Mining Policy of South Africa: Green Paper ...

State ownership based in a system of administrative law offers less security than a system of private ownership based in the law of property, and is susceptible to inefficiency and corruption. ... All measures which restrict the sale of South African minerals on foreign markets will be opposed.

UNDERSTANDING THE BASIC PRINCIPLES OF PROPERTY LAW …

THE SOUTH AFRICAN COUNCIL for the QUANTITY SURVEYING PROFESSION SACQSP PSM 8 - Basic Principles of Property Law in SA 3 of 50 6.9 NATIONAL …

Self-defence as a ground of justification in cases of ...

justification in cases of battered women who kill their abusive partners . ... 3.3 THE THEORY OF TRAUMATIC BONDING, PSYCHOLOGICAL ENTRAPMENT, AND ... CHAPTER FOUR THE LAW OF SELF-DEFENCE IN SOUTH AFRICA . 83 . 4.1 INTRODUCTION 83 . 4.2 REQUIREMENTS OF SELF-DEFENCE 85 . 4.2.1 Conditions Relating to the . Attack. 4.2.1.1 ...

Department of Public Law

In order to address this problem, the DGRU and AfricanLII have developed a cellphone app for South African community based paralegals paralegals. It contains the 2015 Black Sash paralegal manual, relevant case law and legislation and news about relevant legal developments.

LEGAL THEORY 1 - Rhodes University

LEGAL THEORY 1 2015 FOUNDATIONS OF LAW AND INTRODUCTION TO THE STUDY OF LAW 1. INTRODUCTION ... Divisions of law and an outline of selected branches of public and private law [criminal law, contract, delict (wrongs)] 5. RESOURCES ... WJ Hosten et al Introduction to South African Law and Legal Theory 2nd edition, (1995) Butterworths: Durban ...

LLB | Bachelor of Laws | Monash South Africa

Monash South Africa Limited incorporated in Australia External Profit Company is registered with the Department of Education as a private higher education institution under the Higher Education Act of …

The Rule of Law (Stanford Encyclopedia of Philosophy)

The phrase "the Rule of Law" has to be distinguished from the phrase "a rule of law". The latter phrase is used to designate some particular legal rule like the rule against perpetuities or the rule that says we have to file our taxes by a certain date.

Cheri-Leigh Young – The Conversation

She is an admitted attorney of the High Court of South Africa. Her interests include natural resources law, including water, minerals and land, property theory and law.

Mineral Law - attorney in South Africa | Research the law

South Africa has developed to a dual system of mineral rights where some of these rights are owned by the State and others by private owners. Under previous legislation and the common law if ownership was obtained of a piece of land or property the ownership would have included the minerals within the land.