Codicillus - Volume 48, Issue 1, 2007
Volume 48, Issue 1, 2007
Author Imo J. UdofaSource: Codicillus 48, pp 1 –10 (2007)More Less
Freedom of expression is one of the fundamental human rights that is universally recognised and protected. Indeed the Constitutions of most countries of the world, including Nigeria, have expressly provided for the protection of this right because of its importance and relevance to the enhancement of personal liberty and democracy. The right to freedom of expression is also protected under the Universal Declaration of Human Rights and the various regional Instruments and Conventions on human rights, including the African Charter on Human and Peoples Rights. However, the right to freedom of expression, like most other rights, is not absolute. There are recognised restrictions and exceptions to this right; one of which is to be found in the law of defamation. Thus the enjoyment of the right to the freedom of expression must take into consideration the right of other citizens to the protection of their reputation. The duty of the Court in this regard, is to strike an acceptable balance between these two conflicting rights; namely the right of the defendant to freedom of expression and the right of the plaintiff to the protection of his reputation.
This Article therefore sets out to examine these two conflicting rights as provided for and protected by law and the role of courts in Nigeria in resolving the conflict so as to do justice between the parties and maintain social equilibrium and harmony.
Author Weidong ZhuSource: Codicillus 48, pp 11 –30 (2007)More Less
The author makes a brief retrospective of legislative history of private internationallaw in China in Part II, and then examines the background, prospect and content ofthe Draft Civil Code as well as the reason why Book Nine is contained in the draft inPart III. In Part IV the author discusses the structure and contents of Book Nine andmakes a general observation of it. Part V addresses some important changes of BookNine for foreign companies dealing with Chinese market. Finally the author concludesthat the provisions of Book Nine should further be improved, and an improvedcodification will eventually come out in the near future.
Author Herman ConradieSource: Codicillus 48, pp 31 –54 (2007)More Less
The research for this article was conducted during August 2005 and involved 15 paedophiles who had been convicted of sexual crimes against children. This article addresses the following issues: the management programme of PedoStop and the analysis capabilities of LVA-technology regarding sexual arousal. A definition and understanding of paedophilia is, however, needed as background for these issues.
Author Omphemetse SibandaSource: Codicillus 48, pp 55 –69 (2007)More Less
This article covers a selection of procedural and substantive aspects in the litigation of anti-dumping disputes. In particular, Part 2 provides the reader with a background to the WTO dispute settlement system by briefly discussing the dispute settlement body (DSB); outlining the scope of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU); and the application of the DSU to antidumping disputes.
Source: Codicillus 48, pp 69 –70 (2007)More Less
The Department of Private Law has developed a new LLB elective module, Notarial Practice (LPL417G), with inception January 2008. The study material was written by Mr Paul Brink assisted by Mrs Dalita Ramwell and in consultation with Mr Allen West (the Head of Deeds Training at Justice College)
Author Anthony MinnaarSource: Codicillus 48, pp 70 –82 (2007)More Less
Source: Codicillus 48 (2007)More Less
The South African branch of the International Law Association (Sabila), in conjunction with the Verloren van Themaat Centre (represented by Professor Neville Botha), will host the International Law Association's 2007 regional conference on Good governance and non-state actors in international law: an African perspective.
Author Gareth MaritzSource: Codicillus 48, pp 84 –87 (2007)More Less
A large sector of the South African workforce is employed in the private security industry. It is however fascinating to note that there is an underlying ambiguity pertaining to the actual semantics of promotion and demotion in this industry. The semantics pertaining to the validity and applicability of previous obiter dictum and ratio decidendi, as well as the arguments for both sides will be critically analyzed herein.
Author Hanneretha KrugerSource: Codicillus 48, pp 87 –92 (2007)More Less
Non-South African citizens who wish to adopt a South African child are required to make use of the adoption machinery provided for in international instruments, together with existing South African adoption law and procedures, as contained in the Child Care Act 74 of 1983 and provided for by the children's court. In this case an application was brought in terms of the Guardianship Act 192 of 1993 for the sole guardianship and sole custody of a South African child by non-South African citizens. Proceedings were instituted in the Witwatersrand Local Division of the High Court of South Africa, where the application was dismissed. The appellants then appealed.