Browsing by Author "Manie, Latiefa"

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    The limiting effect of Daffy v Daffy 2013 1 SACR 42 (SCA)
    (Juta, 2020) Manie, Latiefa
    The preamble of the Domestic Violence Act 116 of 1998 recognises, inter alia: “that domestic violence is a serious social evil; that there is a high incidence of domestic violence within South African society; that victims of domestic violence are among the most vulnerable members of society; that domestic violence takes on many forms; that acts of domestic violence may be committed in a wide range of domestic relationships; and that the remedies currently available to the victims of domestic violence have proved to be ineffective.” Domestic violence is a social evil that often occurs behind closed doors. In S v Baloyi the constitutional court indicated that: “All crime has harsh effects on society. What distinguishes domestic violence is its hidden, repetitive character and its immeasurable ripple effects on our society and, in particular, on family life. It cuts across class, race, culture and geography, and is all the more pernicious because it is so often concealed and so frequently goes unpunished” (2000 2 SA 425 (CC) 431C).
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    The South African law of trusts with a view to legislative reform
    (University of the Western Cape., 2016) Manie, Latiefa; Du Toit, Francois
    More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there exists a pressing need to develop statutorily the law of trusts more extensively. To this end, the research has a dual objective: Firstly, to identify those areas of South African trust law that are not currently regulated statutorily but for which, by reason of extensive and, at times, controversial jurisprudential development, such regulation is now essential. Secondly, to analyse critically the Trust Property Control Act in its current form in order to determine the utility of its provisions, particularly in light of jurisprudential development since the Act’s commencement. The purpose of the study is to formulate comprehensive recommendations for legislative reform in the area of South African trust law.