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The traditional sources of the law of property in South Africa are common law, precedent and legislation. [24] Roman-Dutch principles have always provided the backbone, but they have lately been filled out considerably by statute, [ 25 ] as well as by the courts, among whose functions is to interpret and develop the common law.
The Expropriation Act, 2024 (Act No. 13 of 2024) is an act of the Parliament of South Africa that establishes the framework for compulsory property acquisition by South African government entities. The Act envisages the repeal of the apartheid-era Expropriation Act, 1975 and will come into operation on a date determined by the President by ...
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995, which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa.
Non-Binding Arbitration is a process which is conducted as if it were a conventional arbitration, except that the award issued by the tribunal is not binding on the parties, and they retain their rights to bring a claim before the courts or other arbitration tribunal; the award is in the form of an independent assessment of the merits of the ...
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
Arbitration is particularly popular as a means of dispute resolution in the commercial sphere (for a summary of the various arenas in which arbitration is usually chosen, see the specific article on "arbitration"). One of the reasons for doing so is that, in international trade, it is often easier to enforce an arbitration award in a foreign ...
Due to the extremely slow judicial process, there has been a large emphasis on alternate dispute resolution mechanisms in India. While the Arbitration and Conciliation Act of 1996 is a fairly standard Western approach towards ADR, the Lok Adalat system constituted under the National Legal Services Authority Act, 1987 is a uniquely Indian approach.
As of 27 July 2012, 246 of 390 registered arbitration cases were concluded, as of 30 June 2012, ICSID tribunals had resolved nearly two thirds (62%) of disputes while the remainder (38%) were settled or discontinued. [14]: 13 As of 14 May 2016, 362 of 574 (62%) registered arbitration cases were concluded. [15]