ISSN: 1996-2177
Affiliations: North West University (Potchefstroom Campus)
Source: South African Law Journal, Volume 139 Issue 2, p. 471-474
https://doi.org/10.47348/SALJ/v139/i2a9
None
ISSN: 1996-2177
Affiliations: University of Cape Town
Source: South African Law Journal, Volume 139 Issue 2, p. 475-480
https://doi.org/10.47348/SALJ/v139/i2a10
None
ISSN: 1996-2177
Affiliations: Member of the Cape Bar
Source: South African Law Journal, Volume 139 Issue 2, p. 481-489
https://doi.org/10.47348/SALJ/v139/i2a11
None
ISSN: 1996-2177
Affiliations: Independent Researcher
Source: South African Law Journal, Volume 139 Issue 1, p. 1-31
https://doi.org/10.47348/SALJ/v139/i1a1
A pernicious strand of legal proceedings, instituted by affluent parties to cow their critics into silence, is sweeping through the world, discouraging engagement on issues of public interest. These proceedings, termed strategic litigation against public participation (SLAPP) suits, have had deleterious effects on a range of rights, prompting civil society to push for targeted legislative protection against these lawsuits. After examining the phenomenon of SLAPP suits in South Africa and the inefficacy of existing protections, this article acknowledges that the enactment of anti-SLAPP legislation is necessary, and considers what this legislation should look like in South Africa. However, since the experience of other jurisdictions reveals that anti-SLAPP laws have occasionally been ineffective or have been subverted to create further injustice, this article recommends a range of civil society initiatives that could be employed concomitantly with legislation to curb SLAPP suits.
ISSN: 1996-2177
Affiliations: Consolidoc Fellow in Private Law, Stellenbosch University
Source: South African Law Journal, Volume 139 Issue 1, p. 32-77
https://doi.org/10.47348/SALJ/v139/i1a2
The formation of online contracts has enjoyed considerable judicial and academic attention in American law. Generally, American courts are of the view that the rise of online contracts has not necessitated any changes to the fundamental principles of the law of contract, although commentators argue that the enforcement of online contracts has stretched the requirement of mutual assent beyond recognition. This article engages in a comparative evaluation of these arguments, as well as some proposals contained in the American Law Institute’s Draft Restatement of the Law, Consumer Contracts. Ultimately, the aim is to identify whether the principles regarding the formation of contracts in South African law ought to be adapted or supplemented to accommodate online contracts. It is found that both legal systems subscribe to fairly lenient formation requirements. The possibility of recognising more stringent assent-related requirements, such as imposing specific disclosure requirements, is investigated. It is concluded that there is little to be gained by insisting on stricter formation requirements for online contracts in general, because consumers rationally choose not to read these contracts. Instead, recognising these concerns may provide the impetus for increased reliance on other forms of control, most notably regulating the use of certain problematic standard terms.
ISSN: 1996-2177
Affiliations: Lecturer, University of Pretoria
Source: South African Law Journal, Volume 139 Issue 1, p. 78-113
https://doi.org/10.47348/SALJ/v139/i1a3
This article examines the recent adoption of the Twin Peaks model by the United Kingdom and South Africa. An international and comparative analysis is provided. It observes that there is a gradual paradigm shift across the world towards the Twin Peaks model of financial regulation. There are slight variations in the design of the two countries’ Twin Peaks models. The variations in regulatory design indicate the flexibility of the Twin Peaks model and its adaptability to suit local conditions, regulatory culture, and the country’s specific needs. Therefore, while the South African model has drawn significantly from the experiences of other Twin Peaks jurisdictions, particularly the UK, South Africa has adopted the model to accommodate its own needs and unique characteristics. It is imperative for the success of the Twin Peaks model that it clearly delineates the objectives and functions of each regulator, and achieves effective co-ordination between them. This article warns that, given the potential overlaps and high levels of co-operation required between the different regulatory bodies in South Africa, there could be detrimental consequences if this complicated financial regulation regime is not properly managed.