Search
Now showing items 1-10 of 187
The Legal Relevance of Nature based Solutions for Sustainable Urban Development in South African Secondary Cities
(PER/PELJ, 2022)
South Africa, like many other countries worldwide, strives for sustainable development. Increasing urbanisation and climate change are two of the main drivers of the global pursuit of sustainable development. Nature-based ...
Environmental Stewardship: Confluence of Law and Religion?
(PER/PELJ, 2022)
Why should we bear responsibility for the degradation of the environment? A wide range of responses is on offer to this question. Common to them all is that they are all rooted in one or the other ontological and epistemic ...
Strikes in essential services in Kenya : the doctors, nurses and clinical officers' strikes revisited and lessons from South Africa
(PER/PELJ, 2020)
The right to strike is one of the fundamental rights enshrined in the Kenyan Constitution, 2010. Any limitation to the right involves the danger of collective bargaining. The right to strike is derived from the Right to ...
A Reply to Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests
(PER/PELJ, 2022)
Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests (Pregnancy Law) aims at providing a less adversarial angle related to the pregnant woman and the unborn within her by moving ...
The Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers
(PER/PELJ, 2022)
As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions. The Draft National Health Insurance Bill, 2019 ...
Uncertainty About the Condonation of Formally Non Compliant Wills, and the Rectification of Cross Signed Mirror Wills : is an Act Based Model the Solution?
(PER/PELJ, 2022)
A recent contribution proposed a processual act-based approach to conceptualising wills in South African law. This approach regards a will as the product of a will-making process in which various parties perform specific ...
Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis : a Disquisition on the Legal Framework
(PER/PELJ, 2022)
The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's ʺdemocraciesʺ which, in itself, is eloquent evidence of the need for systemic arrangements to protect human ...
Debunking the Master of the High Court's Assumed Approval Authority Over a Redistribution Agreement in a Deceased Estate
(PER/PELJ, 2022)
A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the ...
Improving access to justice through law graduate post-study community service in South Africa
(PER/PELJ, 2020)
Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the Constitution of the Republic of South Africa, 1996, is necessary to realise various other fundamental rights and to improve ...
Language Discrimination in the Context of South African Workplace Discrimination Law
(PER/PELJ, 2022)
This contribution considers the role of language as a prohibited ground of unfair discrimination in the workplace in South Africa, an area of law that has been somewhat neglected in the literature to date. It starts by ...