South African Law Of Persons
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South African Law Of Persons
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity (''aka'' legal personality) in South Africa, and the rights and responsibilities that attach to it. Objective and subjective law As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects',Kruger & Skelton 12. and which deals with rights,Davel & Jordaan 2. or 'the claim that a legal subject has on a legal object'. These relationships may be divided into two broad types: # The subject-subject relationship, between the bearer of the right and other legal subjects. This comprises both a right and an obligation: 'The legal subject's right exists against all other lega ...
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Private Law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priva ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Stillbirth
Stillbirth is typically defined as fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without signs of life. A stillbirth can result in the feeling of guilt or grief in the mother. The term is in contrast to miscarriage, which is an early pregnancy loss, and Sudden Infant Death Syndrome, where the baby dies a short time after being born alive. Often the cause is unknown. Causes may include pregnancy complications such as pre-eclampsia and birth complications, problems with the placenta or umbilical cord, birth defects, infections such as malaria and syphilis, and poor health in the mother. Risk factors include a mother's age over 35, smoking, drug use, use of assisted reproductive technology, and first pregnancy. Stillbirth may be suspected when no fetal movement is felt. Confirmation is by ultrasound. Worldwide prevention of most stillbirths is possible with improved health systems. Around half of stillbirths occur durin ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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South African Broadcasting Corporation
The South African Broadcasting Corporation (SABC) is the public broadcaster in South Africa, and provides 19 radio stations ( AM/ FM) as well as six television broadcasts to the general public. It is one of the largest of South Africa's state-owned enterprises. Opposition politicians and civil society often criticise the SABC, accusing it of being a mouthpiece for whichever political party is in majority power, thus currently the ruling African National Congress; during the apartheid era it was accused of playing the same role for the National Party government. Company history Early years Radio broadcasting in South Africa began in 1923, under the auspices of South African Railways, before three radio services were licensed: the Association of Scientific and Technical Societies (AS&TS) in Johannesburg, the Cape Peninsular Publicity Association in Cape Town and the Durban Corporation, which began broadcasting in 1924. These merged into the African Broadcasting Company in 19 ...
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Eskom
Eskom Hld SOC Ltd or Eskom is a South African electricity public utility. It was established in 1923 as the Electricity Supply Commission (ESCOM) and was also known by its Afrikaans name Elektrisiteitsvoorsieningskommissie (EVKOM). Eskom represents South Africa in the Southern African Power Pool. The utility is the largest producer of electricity in Africa, and was among the top utilities in the world in terms of generation capacity and sales, but due to the ANC and incompetence has since slipped in both categories. It is the largest of South Africa's state owned enterprises. Eskom operates a number of notable power stations, including Matimba Power Station and Medupi Power Station in Lephalale, Kusile Power Station in Witbank, Kendal Power Station, and Koeberg Nuclear Power Station in the Western Cape Province, the only nuclear power plant in Africa. The company is divided into Generation, Transmission and Distribution divisions, and together Eskom generates approximately ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Supreme Court Of Appeal Of South Africa
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdi ...
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Prisoners Of War
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and Repatriation, repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes, exploitation of labour, exploiting them for their labour, recruiting or even Conscription, conscripting them as their own combatants, collecting military and political intelligence from them, or Indoctrination, indoctrinating them in new political or religious beliefs. Ancient times For most of human history, depending on the culture of the victors, enemy fighters on the losing side in a battle who had surrendered and been taken as ...
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Slavery Abolition Act 1833
The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) was an Act of the Parliament of the United Kingdom which provided for the gradual abolition of slavery in most parts of the British Empire. It was passed by Earl Grey's reforming administration and expanded the jurisdiction of the Slave Trade Act 1807 and made the purchase or ownership of slaves illegal within the British Empire, with the exception of "the Territories in the Possession of the East India Company", Ceylon (now Sri Lanka), and Saint Helena. The Act was repealed in 1998 as a part of wider rationalisation of English statute law; however, later anti-slavery legislation remains in force. Background It is important to note the long history of efforts to end or limit the practice of slavery. In 1080, William the Conqueror banned the slave trade between Bristol and Ireland upon the urging of Bishop Wulfstan of Worcester. In 1102, the ecclesiastical Council of London condemned the slave trade within England, decreeing â ...
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Cape Colony
The Cape Colony ( nl, Kaapkolonie), also known as the Cape of Good Hope, was a British Empire, British colony in present-day South Africa named after the Cape of Good Hope, which existed from 1795 to 1802, and again from 1806 to 1910, when it united with three other colonies to form the Union of South Africa. The British colony was preceded by an earlier corporate colony that became an Dutch Cape Colony, original Dutch colony of the same name, which was established in 1652 by the Dutch East India Company, Dutch East India Company (VOC). The Cape was under VOC rule from 1652 to 1795 and under rule of the Napoleonic Batavian Republic, Batavia Republic from 1803 to 1806. The VOC lost the colony to Kingdom of Great Britain, Great Britain following the 1795 Invasion of the Cape Colony, Battle of Muizenberg, but it was acceded to the Batavian Republic, Batavia Republic following the 1802 Treaty of Amiens. It was re-occupied by the British following the Battle of Blaauwberg in 1806 ...
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Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the w ...
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