Acta Universitatis Danubius. Juridica

The Evolution of Freedom of Testation in Post-Constitutional South Africa

Mpho Bapela — 2024-04-09

In South Africa, freedom of testation has been an enjoyed practice from ancient times. It gave testators comfort in knowing that when they depart, their legacies and property would be looked after by those they had chosen to survive their estates. Before the advent of the Constitution, testators used to abuse this freedom. There existed a tendency to exercise this freedom without limitations. However, the Constitutional epoch brought about changes in the manner the testators exercised their freedom of testation. Amongst other things, was the limitation to freedom of testation. Legislation and Common Law also contributed to restricting or limiting this freedom. Against this backdrop, this article investigates the impact of the Constitution on freedom of testation in South Africa under the current constitutional dispensation. The paper is predicated on the assumption that freedom of testation gave testators leeway to promote discrimination and unfairness. Therefore, this paper will show that freedom of testation has evolved and no longer absolute in South Africa, with the Courts playing an important role in the process.

The Impact Of Digitalization (AI) On Administrative Decision-Making Processes And Access To Justice– A Nordic Perspective.

Junaid Butt — 2024-04-09

Good administration is the foundation for fair and effective government action. In recent years, the digitalization of administrative processes has become increasingly prevalent, promising efficiency, transparency, and enhanced accessibility. The Nordic countries, known for their advanced digital societies, provide a unique perspective to study the effects of digitalization on administrative decision-making processes and access to justice, particularly in the context of advanced welfare states and robust legal systems. This study investigates the multifaceted impact of digitalization on administrative decision-making processes and access to justice with a particular focus on Denmark, Finland, Norway, Sweden, and Iceland. It delves into how digitalization has transformed administrative decision-making processes, analyzing the potential for increased efficiency, streamlined workflows, and enhanced data-driven decision-making. Through a comprehensive analysis of policy frameworks, legal structures, and empirical data, this research seeks to elucidate the ways in which digital technologies are reshaping administrative practices and influencing the delivery of justice. The study begins by examining the evolution of digitalization in Nordic administrative laws, focusing on e-government initiatives and digital technology integration. It explores its implications for administrative decision-making processes, including procedural fairness, administrative discretion, and automated decision-making algorithms. By adopting a comparative approach, this study aims to identify common trends, challenges, and opportunities presented by digitalization in Nordic administrative systems, offering insights that are pertinent to both regional policymakers and global stakeholders navigating the complexities of digital governance. Ultimately, this research contributes to a deeper understanding of the complex relationship between digitalization, administrative decision-making, and access to justice in Nordic States, offering insights that are pertinent to ongoing debates surrounding administrative modernization and legal innovation in the digital age.

Overview of the Role of Selected Consumer Protection Bodies in the Regulation of Prices and Access to Redress Under the Consumer Protection Act 68 of 2008

Howard Chitimira — 2024-04-09

The Consumer Protection Act 68 of 2008 (CPA) seeks to promote the achievement and maintenance of a fair, accessible, efficient, sustainable and responsible market place for consumer products and services in South Africa. Moreover, the CPA seeks to provide an accessible, consistent, harmonised, effective and efficient system of redress for consumers. Notably, the CPA provides that the supplier should not supply or enter into an agreement to supply any goods or services at a price that is unfair, unreasonable, or unjust. This is generally aimed at combating any problems that are suffered by consumers when accessing goods and services in South Africa. Accordingly, various regulatory bodies and related role-players were established to enforce consumer rights and provide redress mechanisms to vulnerable and affected consumers. These consumer protection bodies and related role-players include the National Consumer Commission (NCC), the National Consumer Tribunal (NCT), provincial consumer courts, ordinary courts and other alternative dispute resolution agencies. These bodies and role-players are statutorily obliged to resolve consumer disputes in South Africa. However, there are some uncertainty challenges regarding the jurisdiction of ordinary courts and consumer protection regulatory bodies in relation to disputes that relate to the consumers’ right to fair, just and reasonable prices, terms and conditions of goods and services. This article discusses the role of the NCC, the NCT, provincial consumer courts, ordinary courts and other alternative dispute resolution agencies in the regulation of prices for goods, services and access to redress for affected consumers under the CPA. This is done to provide some recommendations that could resolve jurisdictional and regulatory challenges in relation to the price and access to goods and services under the CPA.

Enforcement on movable objects and rights against the state and its authorities in the Republic of North Macedonia

Bukurije Etemi-Ademi — 2024-04-09

The application of enforcement actions varies between countries, mostly considering the subject that applies enforcement actions. In this context, we say that there are differences between the subjects and the stages of enforcement. In the countries where the permission phase is applied, the court decides on the merits of the proposal for enforcement, analysing whether the creditor had the right to request compulsory enforcement against the debtor specified in that document. Unlike the Western Balkan countries, RNM applies one-stage enforcement, where the bailiff determines the means and implements the enforcement. Based on preliminary research in the field of enforcement and the means that can be subjected to enforcement, and those that were excluded from enforcement, article 218 is a problematic point. For years there have been discussion in the professional literature, but also in the Supreme Court and the Constitutional Court of RNM.

This research deals with the approach of restricting enforcement on state-owned objects and rights, creating a line of comparison between RNM and the countries of the Western Balkans. In the legislative aspect of the situation, it turns out to be similar in many states in the region. In most countries, there is a specific subject that allows the decision of implementation or non-implementation of enforcement, with the exception of the Republic of Kosovo, as a state with fewer legal rules dedicated to the limitation of enforcement. In the RNM, the President of the Court decides whether enforcement will be carried out or not. In Serbia and Montenegro, the judge of the case decides also for allowance, while in Bosnia and Herzegovina, applied restriction is at least within 0.3 percent of the total income planned in the budget of the debtors.