Browsing PER: 2015 Volume 18 No 5 by Title
Now showing items 1-20 of 26
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Anti-money laundering regulations and the effective use of mobile money in South Africa – Part 1
(2015)Mobile financial services, specifically mobile money, has the potential to expand access to financial services to millions of unbanked people in South Africa. As such, it looks very promising in terms of financial inclusion. ... -
Anti-money laundering regulations and the effective use of mobile money in South Africa – Part 2
(2015)Mobile financial services, specifically mobile money, has the potential to expand access to financial services to millions of unbanked people in South Africa. As such, it looks very promising in terms of financial inclusion. ... -
The "brown" environmental agenda and the constitutional duties of local government in South Africa: a conceptual introduction
(2015)This note explores the interrelationship between ecologically sustainable development (the green environmental agenda) and pro-poor urban development and environmental health (the brown environmental agenda) in relation ... -
Cloete Murray and another v Firstrand Bank Ltd t/a Wesbank [2015] ZASCA 39
(2015)The approach to the interpretation of statutes once again received attention in the recent case Cloete Murray and another v FirstRand Bank Ltd which was decided in the Supreme Court of Appeal. The court , in this matter, ... -
"Corrective rape" of lesbians in the era of transformative constitutionalism in South Africa
(2015)There have been numerous incidents of “corrective” rape of lesbians in recent years. This article examines the adequacy of the existing South African legal framework to deal with incidents of “corrective” rape against the ... -
The development of international law through the unauthorised conduct of international institutions
(2015)The law, including international law, is subject to continuous change. It can be adapted to changing circumstances through formal amendments of or additions to existing norms and practices. It can also be changed through ... -
Die adversatiewe stelsel van bewyslewering en die beste belang van die kind in egskeidingsaangeleenthede: enkele gedagtes oor “collaborative law” ter beslegting van ouerlike geskille
(2015)In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means ... -
Die effek van 'n voorlopige sekwestrasiebevel – word my reg om 'n lid van die parlement te wees ingeperk?
(2015)The question asked in this article is inspired by the recent case of Mr Julius Malema. Why the matter is so important and has enjoyed so much attention, is the fact that it was widely suggested that a final order of ... -
Die geldigheidsvereistes van 'n trust opnuut ondersoek : Khabola v Ralithabo [2011] ZAFSHC 62
(2015)The trust is universally recognised and used. It is generally accepted that trust deeds meet the basic requirements. However, it is not always that simple and the courts are repeatedly forced to take deeds of trust under ... -
The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ... -
Enkele opmerkings oor bankrot munisipaliteite
(2015)The insolvency of municipalities is no longer a rare incident; it is a reality. It is interesting to note that even in the United States of America the insolvency of municipalities is currently an equally serious concern. ... -
Evaluering van regstellende aksie in konteks van moontlike onbillike diskriminasie teen subgroepe binne die aangewese groep
(2015)The implementation of affirmative action measures can give rise to unfair discrimination. In cases where members of the “designated groups” compete with one another for the same position, there can be allegations of unfair ... -
A few South African cents' worth on bitcoin
(2015)This article is aimed at augmenting current awareness of virtual currencies ("VCs") in the South African legal community. To this end, it introduces the reader to VCs in general and decentralised convertible VCs ("DCVCs") ... -
Finding property in new places – property in cyber and outer space
(2015)The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located ... -
In search of alternatives or enhancements to collective bargaining in South Africa: are workplace forums a viable option?
(2015)Collective bargaining (coupled with the right to strike) has become a primary means to force employers through negotiation to achieve the improvement of standards and conditions of employment. The South African labour ... -
The law faculty of the NWU Potchefstroom campus celebrates its half centenary
(2015)The Law Faculty of the North-West University, Potchefstroom Campus, is celebrating its half centenary in 2015, having been founded in 1965. Law subjects were first introduced in 1932 after the Senate had decided on 11 ... -
Procurement under the uncitral model law: a Southern Africa perspective
(2015)In Africa, economic integration, realised through regional integration, is seen as one of the driving factors that will improve the lives of its people. To enable regionalisation, economic growth and to unlock the potential ... -
Public litigation and the concept of "deference" in judicial review
(2015)The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the ... -
The pursuit of sustainable development through cultural law and governance frameworks: a South African perspective
(2015)The idea of including a cultural dimension in development policies has become the focus of international scholarly and policy debates. Analysing and conceptualising the role of culture in the sustainable development context ... -
Reasons for prosecutorial decisions
(2015)In terms of the prosecuting policy of the National Prosecuting Authority reasons for the exercise of prosecutorial discretions should be furnished on request of persons with a legitimate interest in the decisions. In general ...