PER: 2016 Volume 19
25 April 2016
- Remedial principles and meaningful engagement in education rights disputes / Liebenberg, S
- Constitutional values, therapeutic jurisprudence and legal education in South Africa: shaping our legal order / Fourie, E
- Investigating the reasons behind the increase in medical negligence claims / Pienaar, L
- Recent developments in sexual offences against children – a constitutional perspective / Stevens, P
- Understanding the limitations to the right to strike in essential and public services in the SADC region / Le Roux, R & Cohen, T
- Protection of the African lion: a critical analysis of the current international legal regime / Watts, S
- The reinstatement and compensation conundrum in South African labour law / Geldenhuys, J
- Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study / Sloth-Nielsen, J & Ackermann, M
- The commission as a party before the court – reflections on the complementarity arrangement / Rudman, A
- An evaluation of the self-regulation of promotional competitions in South Africa / Strachan, DP
- Strengthening locus standi in human rights litigation in Zimbabwe: an analysis of the provisions in the new Zimbabwean constitution / Chiduza, L & Makiwane, PN
- Employers' statutory vicarious liability in terms of the protection of Personal Information Act / Millard, D & Bascerano, EG
- Judicial understanding of the reliability of eyewitness evidence: a tale of two cases / Meintjes-Van der Walt, L
- The core meaning of human dignity / Steinmann, R
- The admission and enrolment of foreign legal practitioners in South Africa under the Legal Practice Act: international trade law and constitutional perspectives / Hagenmeier, C; Shumba, T & Mireku, O
- The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women? / Booley, A
- Reforming the South African social security adjudication system: innovative experiences from South African non-social security jurisdictions / Nyenti, MAT
- At the intersection between expropriation law and administrative law: two critical views on the constitutional court's arun judgment / Marais, EJ & Maree, PJH
- The legal status of evidence obtained through human rights violations in Uganda / Nanima, RD
- Included or excluded: an analysis of the application of the free, prior and informed consent principle in land grabbing cases in Cameroon / Ashukem, JN
- Realising the child's best interests: lessons from the Child Justice Act to Improve the South African Schools Act / Reyneke, M
- A spring without water: the conundrum of anti-dumping duties in South African law / Vinti, C
- Equal pay for work of equal value in terms of the Employment Equity Act 55 of 1998: lessons from the International Labour Organisation and the United Kingdom / Ebrahim, S
- Setting aside transactions from pyramid schemes as impeachable dispositions under South African insolvency legislation / Mabe, Z
- Organic food certification in South Africa: a private sector mechanism in need of state regulation? / Tung, OJL
- Judicial law-making: unlocking the creative powers of judges in terms of Section 39(2) of the constitution / Singh, A & Bhero, MZ
- Property rights in space: moving the goal posts so the players don't notice / Erlank, W
- The impact of the Twin peaks model on the insurance industry / Millard, D
- Exploring universal partnerships and putative marriages as tools for awarding partnership property in contemporary family law / Bonthuys, El
- Impact of the Boko Haram insurgency on the child's right to education in Nigeria / Isokpan, AJ & Durojaye, E
- Public procurement as a tool to drive innovation in South Africa / Bolton, P
- Regional integration and pacta sunt servanda: reflections on South African trans-border higher education policies / Mwanawina, I
- Automatically unfair and operational requirement dismissals: making sense of the 2014 amendments / Newaj, K & Van Eck, S
- Re-positioning the law of theft in view of recent developments in ICTS - the case of South Africa / Njotini, MN
- The functions of selected human rights institutions and related role-players in the protection of human rights in Zimbabwe / Chitimira, H & Mokone, P
- Legal ethics, rules of conduct and the moral compass – considerations from a law student's perspective / Van Zyl IV, CH & Visser, J
- Concern regarding the "debt" created by rule 14.10.9 of the government employees' pension fund rules / Marumoagae, MC
- Publisiteitsbevele as vonnisopsie vir regspersone – publicity orders as sentencing option for juristic persons / Du Toit, P
- Section 27 of the insolvency act 24 of 1936 as a violation of the equality clause of the constitution of South Africa: a critical analysis / Mabe, Z
- Compensation for what? An analysis of the outcome in Arun Property Development (PTY) LTD v Cape Town City / Slade, BV
- Planning and Arun's (not so straight and narrow) roads / Van Wyk, J
- Step-parent adoption gone wrong: GT v CT  3 ALL SA 631 (GJ) / Skosana, T & Ferreira, S
- The impact of minority status in the application of affirmative action: NAIDOO v MINISTER of SAFETY and SECURITY 2013 5 BLLR 490 (LC) / Papacostantis, H & Mushariwa, M
- Doctrinal sanction and the protection of the rights of religious associations: Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13)  ZASCA 151 / De Freitas, S
- The deadlock principle as a ground for the Just and equitable winding up of a solvent company: Thunder Cats Investments 92 (Pty) Ltd v Nkonjane Economic Prospecting Investment (Pty) Ltd 2014 5 SA 1 (SCA) / Maloka, TC & Muthugulu-Ugoda, S
- A targeted outsider's right to challenge local winding-up oroceedings PricewaterhouseCoopers v Saad Investments Co Ltd 2014 UKPC 35 (10 November 2014), 2014 1 WLR 4482 (PC) / Smith, AD
- Derivative misconduct and forms thereof: Western Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC) / Maloka, TC
- Taking a second bite at the appeal cherry: Molaudzi v S / Jordaan, DW
- Delinquent directors under the companies act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35 / Cassim, R
- Authority by representation - a new form of authority? / Sharrock, R
- Extending recognition of indigenous burial practices in Selomo v Doman 2014 JDR 0780 (LCC) / Parker, J & Zaal, FN
- The Rules of an Occupational Retirement Fund and the problem of defaulting employers: a reconsideration of Orion Money Purchase Pension Fund (SA) v Pension Funds Adjudicator / Nkosi, T
- Some aspects of South African cross-border insolvency relief: the Lehane Matter A / Smith, A
- Rohe, M. 2015. Islamic Law in Past and Present Rohe M Islamic Law in Past and Present. [Book review] / Matthee, JL
When PER (acronym for the Afrikaans journal title Potchefstroomse Elektroniese Regstydskrif, but also suggesting the Latin connotations of causation, durability and facilitation) first appeared in November 1998, there was an awareness of the incongruity of the notion of a law journal not being published in tangible form by an established law publisher on the one hand, and on the other of the inevitability of things to come. The editorial stated:
"In this era of an unstoppable increase in information on offer and improved means of communication, it is inevitable that the exchange of juristic ideas should develop and escalate electronically, by internet. A problem already challenging the time starved legal user of the electronic medium, is to separate the wheat from the chaff. For many people it is relatively easy to publish something on the Web. It is, however, just as demanding to produce quality in this manner as through any other medium, be it primitive or avant garde."
From the outset the Potchefstroomse Elektroniese Regstydskrif (PER) / Potchefstroom Electronic Law Journal (PELJ) was focused on maintaining high editorial standards, producing material for legal scholars worth reading. Probably still the most widely cited contribution to PER/PELJ (on Ubuntu by Justice Yvonne Mokgoro) appeared in the first volume. Papers delivered (referred to as orationes) by prominent scholars and judges are often published in PER/PELJ, and double-blind peer review practices are maintained throughout, except for the orationes.
From time to time guest editors are invited to produce single or special editions. Renowned South African and foreign scholars are regularly approached to review submissions to PER/PELJ, and the editorial board is composed of prominent internationally recognised academics and judges.
Since 2003, PER/PELJ has taken its place among a range of renowned internationally accredited journals, currently listed and indexed inter alia by IBSS, DOAJ, SSRN, AJOL, Boloka, SciELO, HeinOnline, and Web of Knowledge.
In 2016, PER/PELJ migrated to this online journal system, and contributions accepted for publication are now published continuously as soon as the finally edited version becomes available.
We are entirely grateful to our authors, reviewers and readers who have always believed in the scholarly quality of the contributions. You have been instrumental in the phenomenal growth of the journal over the last 18 years.
We are proud to announce the first contribution of 2016 entitled "Remedial Principles and Meaningful Engagement in Education Rights Disputes" by the renowned author, Sandy Liebenberg, who is a distinguished professor and HF Oppenheimer Chair in Human Rights Law, University of Stellenbosch, South Africa.
Editor-in-Chief: Professor Christa Rautenbach / Founding Editor: Francois Venter
Rohe, M. 2015. Islamic Law in Past and Present Rohe M Islamic Law in Past and Present. [Book review] (2016)This contribution provides a review of the book entitled "Islamic Law in Past and Present" authored by Matthias Rohe, and published by Brill in 2015.
(2016)A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave.
(2016)The Lehane matter wound its way through the Cape Provincial Division of the High Court and reached the Supreme Court of Appeal. Mr Dunne, the Irish debtor who had taken up residence in the United States of America, ran ...
The Rules of an Occupational Retirement Fund and the problem of defaulting employers: a reconsideration of Orion Money Purchase Pension Fund (SA) v Pension Funds Adjudicator (2016)This paper reflects on the ongoing challenges presented by certain employers who, whilst deducting occupational retirement fund contributions from their employees' salaries, fail to pay over those contributions to the ...
(2016)Burying deceased family members in familial gravesites close to the homestead of the living has been a well-established practice in Southern Africa for many centuries. In terms of indigenous cultural and religious norms ...
(2016)The majority decision in Makate v Vodacom (Pty) Ltd  ZACC 13 recognises a new form of actual authority – authority by representation. However, the decision is based on a misinterpretation of English law and is ...
Delinquent directors under the companies act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35 (2016)The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 ...
(2016)The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, ...
(2016)Western Platinum Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC) ("Hlebela") required the Labour Appeal Court to grapple with difficult questions presented by a generic dilemma which confronts an employer who is faced with ...
A targeted outsider's right to challenge local winding-up oroceedings PricewaterhouseCoopers v Saad Investments Co Ltd 2014 UKPC 35 (10 November 2014), 2014 1 WLR 4482 (PC) (2016)The problem in PricewaterhouseCoopers v Saad Investments Co Ltd 2014 UKPC 35 (10 November 2014), 2014 1 WLR 4482 (PC) was that the Cayman liquidators, frustrated by the unhelpfulness of the company's previous auditors in ...
The deadlock principle as a ground for the Just and equitable winding up of a solvent company: Thunder Cats Investments 92 (Pty) Ltd v Nkonjane Economic Prospecting Investment (Pty) Ltd 2014 5 SA 1 (SCA) (2016)The question addressed by the Supreme Court of Appeal in Thunder Cats Investment 92 (Pty) Ltd v Nkonjane Economic Prospecting & Investments (Pty) Ltd 2014 5 SA 1 (SCA) (hereafter the "Thunder Cats") provides much-needed ...
Section 27 of the insolvency act 24 of 1936 as a violation of the equality clause of the constitution of South Africa: a critical analysis (2016)This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the ...
The functions of selected human rights institutions and related role-players in the protection of human rights in Zimbabwe (2016)Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the ...
(2016)This article examines the impact of information and communication technologies (ICTs) on the development of the principles of theft. The Roman and South African law of theft forms the basis of such a study. This investigation ...
(2016)This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), where the reason for the dismissal is to "compel the employee to accept a ...
Regional integration and pacta sunt servanda: reflections on South African trans-border higher education policies (2016)The underpinning essence of being part of a regional organisation such as the Southern African Development Community (SADC) is to achieve development through integration. Regional integration thus becomes the bedrock from ...
(2016)This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ...
(2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ...
Exploring universal partnerships and putative marriages as tools for awarding partnership property in contemporary family law (2016)Following upon the Supreme Court of Appeal's judgment in Butters v Mncora 2012 4 SA 1 (SCA), which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates ...
(2016)Financial regulation in South Africa changes constantly. In the quest to find the ideal regulatory framework for optimal consumer protection, rules change all the time and international trends have an important influence ...