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
- 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
- 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
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
The admission and enrolment of foreign legal practitioners in South Africa under the Legal Practice Act: international trade law and constitutional perspectives (2016)Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among ...
(2016)The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult ...
(2016)One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it ...
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 (2016)Scholarship on the protection of religious rights and freedoms in the context of religious associations in South Africa has gained in momentum since the decision by the Equality Court in Johan Daniel Strydom v Nederduitse ...
The impact of minority status in the application of affirmative action: NAIDOO v MINISTER of SAFETY and SECURITY 2013 5 BLLR 490 (LC) (2016)Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive ...
(2016)Step-parent adoption happens where a child is adopted by the spouse or civil union partner of a biological parent. This is a drastic invasion into the life of a child because (except if provided for otherwise) an adoption ...
(2016)Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other ...
Compensation for what? An analysis of the outcome in Arun Property Development (PTY) LTD v Cape Town City (2016)In Arun Property Development (Pty) Ltd v Cape Town City the Constitutional Court awarded compensation for land that vested in the City of Cape Town in terms of a regulatory framework. The regulatory framework, sections 25 ...
Publisiteitsbevele as vonnisopsie vir regspersone - publicity orders as sentencing option for juristic persons (2016)This contribution addresses the issue of adverse publicity orders as a possible supplementary sentencing option for corporate offenders. In South Africa fines are the primary sentencing option available to courts when ...
Concern regarding the "debt" created by rule 14.10.9 of the government employees' pension fund rules (2016)This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that ...
Legal ethics, rules of conduct and the moral compass – considerations from a law student's perspective (2016)When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ...
Strengthening locus standi in human rights litigation in Zimbabwe: an analysis of the provisions in the new Zimbabwean constitution (2016)Zimbabweans have been both victims of and witnesses to serious human rights violations over the years. Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, ...
(2016)Promotional competitions are competitions in which prizes are awarded by lot or chance in order to promote goods or services. In order to protect participants and consumers against abuse, these competitions are usually ...
(2016)The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the ...
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study (2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ...
(2016)The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications ...
(2016)This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes ...
Understanding the limitations to the right to strike in essential and public services in the SADC region (2016)The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia ...
(2016)This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. This Act is addressed ...
(2016)Medical negligence claims have increased significantly over the last number of years. The trend is still ongoing and concerns have been raised about the impact of this increase on the medical industry. Medical practitioners ...