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Top 100 articles by number of accesses

article	html	pdf	abstract	total
Section 174 of the Criminal Procedure Act: Is it time for its abolition?	1752	422	1	2175
Legislation and policies: Progress towards the right to inclusive education	1035	82	0	1117
The termination of the bank-client relationship in South African banking law	892	73	11	976
The consequences of pleading a non-admission	851	103	0	954
What is wrong with modern unjustified enrichment law in South Africa?	750	135	9	894
Access to justice for all: a reality or unfulfilled expectations?	650	105	85	840
The implementation of customary law of succession and common law of succession respectively: With a specific focus on the eradication of the rule of male primogeniture	710	72	19	801
The 'law of general application' requirement in expropriation law and the impact of the Expropriation Bill of 2015	716	40	0	756
An analysis of spousal competence and non-compellability in terms of section 198 of the Criminal Procedure Act	551	22	11	584
The nursing profession in South Africa - Are nurses adequately informed about the law and their legal responsibilities when administering health care?	519	40	2	561
The dissolution of universal partnerships in South African law: Lessons to be learnt from Botswana, Zimbabwe and Namibia	473	18	15	506
Search and seizure of learners in schools in a constitutional democracy: A comparative analysis between South Africa and the United States	488	9	1	498
The auditor's liability for audited financial statements	435	31	14	480
Share issues and shareholder protection	385	86	0	471
Responsible unionism during collective bargaining and industrial action: Are we ready yet?	403	44	2	449
Applying the CISG via the rules of private international law: Articles 1(1)(b) and 95 of the CISG - analysing CISG Advisory Council Opinion 15	397	41	0	438
The role of a curator ad litem and children's access to the courts	344	68	1	413
The indigenisation of customary law: Creating an indigenous legal pluralism within the South African dispensation: possible or not?	363	26	20	409
The admissibility of criminal findings in civil matters: Re-evaluating the Hollington judgment	361	38	7	406
Dawn of a new era for permanent life partners: from Volks v Robinson to Bwanya v Master of the High Court	372	24	4	400
The requirements for validity and proprietary consequences of monogamous and polygynous customary marriages in South Africa: Some observations	366	24	9	399
Constitutional interpretation in the so-called 'hard cases': Revisiting S v Makwanyane	348	46	1	395
Extension of collective agreements in terms of section 23 (1) (d) of the LRA and the "knock on effect" on the right to strike: AMCU v Chamber of Mines of South Africa CCT87/16 [2017]	363	32	0	395
Dividends in specie, the granting of services or the right of use of assets	348	21	0	369
The regime of forfeiture of patrimonial benefits in South Africa and a critical analysis of the concept of unduly benefited	335	27	1	363
The protection of stakeholders: The South African social and ethics committee and the United Kingdom's enlightened shareholder value approach: Part 1	259	50	0	309
Banda v Van der Spuy 2013 4 SA 77 (SCA) Quantifying a claim with the actio quanti minoris	216	89	0	305
Evidence by means of closed circuit television or similar electronic media in South Africa: Does section 158 of the Criminal Procedure Act have extraterritorial application?	274	28	3	305
Debt capitalisation: An analysis of the application of section 24BA of the Income Tax Act	284	20	1	305
Too much of a good thing? Best interests of the child in South African jurisprudence	263	41	0	304
Are fixed-term school governing body employment contracts for educators the best model for schools?	279	14	0	293
Making the case for mental health expertise in crimen iniuria cases: An issue awakened by the Vicki Momberg sentence	267	13	5	285
Unpacking "progressive realisation", its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance	247	35	2	284
When does an application for business rescue proceedings suspend liquidation proceedings?	267	17	0	284
The express power to amend a trust deed where the trust beneficiaries have accepted the benefits reserved for them	244	26	1	271
Recent case law	143	5	0	148
Giant leaps or baby steps? A preliminary review of the development of children's rights jurisprudence in Zimbabwe	224	20	15	259
A critical analysis of legislation on the financial management of public schools: A South African perspective	190	66	0	256
Examining the 'objects of property rights' - lessons from the Roman, Germanic and Dutch legal history	198	48	0	246
The judicial application of the "interest" requirement for standing in constitutional cases: "A radical and deliberate departure from common law"	229	13	1	243
An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession	220	4	15	239
The continued relevance of the mandament van spolie: recent developments relating to dispossession and eviction	164	70	2	236
Rethinking the interface between customary law and constitutionalism in sub-Saharan Africa	204	26	6	236
The open society: What does it really mean?	219	16	0	235
The labour rights of educators in South Africa and Germany and quality education: An exploratory comparison	224	10	0	234
Is the requirement of integration of the bride optional in customary marriages?	212	8	12	232
Fairness a slippery concept: The common law of contract and the Consumer Protection Act 68 of 2008	195	31	5	231
South Africa's move away from international investor-state dispute: a breakthrough or bad omen for investment in the developing world?	196	32	3	231
The Supreme Court of Appeal and the handing over of the bride in customary marriages	203	19	8	230
Children seeking justice: safeguarding the rights of child offenders in South African criminal courts	193	31	1	225
Children's rights of access to health care services and to basic health care services: a critical analysis of case law, legislation and policy	198	26	0	224
Infringement of the right to goodwill; the basic legal principles in relation to South African case law	158	61	0	219
Legal implementation of the UNCRC: lessons to be learned from the constitutional experience of South Africa	170	33	13	216
Traditional "juju oath" and human trafficking in Nigeria: A human rights perspective	171	38	6	215
The use of impact statements, minimum sentences and victims' privacy interests: a therapeutic exploration	184	16	15	215
Incoterms® variants: greater precision or more uncertainty?	177	21	0	198
Some thoughts on state regulation of South African insolvency law	113	79	2	194
A critique of the Swazi Constitutional rules on succession to kingship	174	20	0	194
Understatement penalty in terms of the Tax Administration Act - a critical analysis of the interpretation of a bona fide inadvertent error	177	4	11	192
The corruption race in Africa: Nigeria versus South Africa, who cleans the mess first?	161	11	18	190
The legal character of ancillary customary marriages	170	15	1	186
Direct marketing and spam via electronic communications: An analysis of the regulatory framework in South Africa	170	9	6	185
Cancer employees and the right to fair labour practices in terms of the Labour Relations Act 66 of 1995	178	4	0	182
MM v MN 2010 (4) SA 286 (GNP)	5	176	0	181
A double-edged sword: The role of insurable interest in non-indemnity insurance in the light of the COVID-19 pandemic in Zimbabwe	166	5	7	178
The effect of section 43 of the BCEA on employment contracts and legislative protection of minors	172	3	0	175
Access to justice in the South African social security system: Towards a conceptual approach	159	15	0	174
Comparative analysis of commorientes - a South African perspective: Part 1	110	60	0	170
Taking the incidence of false child sexual abuse allegations more seriously	152	12	0	164
Children's rights jurisprudence in South Africa — a 20 year retrospective	128	28	2	158
Re-visiting the powers of the King under the Constitution of Lesotho: Does he still have any discretion?	145	4	9	158
Intrusion into the autonomy of South African local government: Advancing the minority judgment in the Merafong City case	124	32	1	157
Defeating the anomaly of the cautionary rule and children's testimony - S v Haupt 2018 (1) SACR 12 (GP)	139	18	0	157
South Africa's jurisdictional challenge with the under-development of cross-border commercial litigation: Litigation v Arbitration	119	23	12	154
Opening Pandora's box: A legal analysis of the right to food in South Africa	130	21	2	153
Trade mark law: Can an unregistered mark be protected prior to the acquisition of a reputation?	136	15	0	151
Tax Administration Act: Fulfilling human rights through efficient and effective tax administration	130	20	1	151
Investigating the extraterritorial application of the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social and Cultural Rights	130	4	15	149
Lessons from history predicting a possible tax revolt in South Africa	126	6	16	148
The constitutionality of section 16A of the South African Schools Act 84 of 1996	136	7	3	146
"Affirmative" (measures in) action? Revising the lawfulness of racial quotas (in South African (professional) team sports)	113	29	3	145
Burial or cremation - who decides?	136	4	1	141
Minister of Police v M 2017 38 IJL 402 (LC)	41	100	0	141
Therapeutic jurisprudence and restorative justice: healing crime victims, restoring the offenders	122	18	1	141
The South African International Co-operation in Criminal Matters Act and the issue of evidence	114	15	7	136
How do you determine a fair sanction? Dismissal as appropriate sanction in cases of dismissal for (mis)conduct	43	86	6	135
Autonomy in organ donations v family consent: A South African legislative context	114	18	0	132
The human rights paradox of lesbian, gay, bisexual and transgender students in South African education	118	8	5	131
Surrogate motherhood agreements and their confirmation: A new challenge for practitioners?	117	12	1	130
Opening address: Powerful tool of persuasion or a waste of time?	92	38	0	130
The role of the courts in ensuring the right to a basic education in a democratic South Africa: a critical evaluation of recent education case law	114	14	1	129
Social security 'benefits' and the collateral source rule - an analysis of the three Coughlan decisions	113	14	0	127
Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations	114	5	7	126
Race, history, irresolution: Reflections on City of Tshwane Metropolitan Municipality v Afriforum and the limits of "post"-apartheid constitutionalism	92	31	2	125
Onderhoudstoekenning vir gades of vennote pendente lite en by egskeiding: Het ons ‘n nuwe benadering?	121	3	0	124
The role of clinical legal education in developing ethical legal professionals	112	6	6	124
The role of the judiciary in balancing flexibility and security	113	10	0	123
Note on the use of the public nuisance doctrine in 21st century South African law	101	21	0	122
"Dumping" and the Competition Act of South Africa	96	20	5	121
The impact of the COVID-19 regulations on rent obligations	105	14	2	121

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