Browsing PER: 2018 Volume 21 by Title
Now showing items 41-60 of 61
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Parental criminal responsibility for the misconduct of their children: a consideration
(PER, 2018)This contribution examines the criminal responsibility that is imposed upon parents for the delinquent acts of their children. As South African law has been swayed by the legal philosophy of Anglo-American jurisprudence, ... -
Pathological corporate governance deficiencies in South Africa's state-owned companies: a critical reflection
(PER, 2018)Globally, states use state-owned companies (SOCs) or public corporations to provide public goods, limit private and foreign control of the domestic economy, generate public funds for the fiscus, increase service delivery ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 1)
(PER, 2018)It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 2)
(PER, 2018)The inescapable reality is that most law school graduates are headed for professional life. This means that law schools have some accountability for the competence of their graduates, and thus an educational responsibility ... -
Pre-agreement assessment as a responsible lending tool in South-Africa, the EU and belgium: part 1
(PER, 2018)Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" ... -
Pre-agreement assessment as a responsible lending tool in South-Africa, the EU and Belgium: part 2
(PER, 2018)Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" ... -
Preserving the integrity of medical-related Information – How "Informed" is consent?
(PER/PELJ, 2018)Health care services are recognised as a right. These services are available to "everyone" who needs them. This availability ensures that users, that is, persons who receive treatment in a health establishment or who are ... -
The protection of children's right to self-determination in South African law with specific reference to medical treatment and operations
(PER / PELJ, 2018)The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity ... -
The reasonable accommodation of employees with cancer and their right to privacy in the workplace
(PER/PELJ, 2018)The duty of employers to reasonably accommodate employees living with disabilities is fundamental and is invoked on a daily basis in response to various health conditions which employees experience, such as cancer. While ... -
The registration of special notarial bonds under the security by means of movable property act and the publicity principle: lessons from developments in Belgium
(PER, 2018-01-08)Many people do not own immovable property to offer as security but do have movable property which can be offered as security for the repayment of a debt. In today's world, where the costs of a motor car can exceed that of ... -
Reviewing the suitability of affirmative action and the inherent requirements of the job as grounds of justification to equal pay claims in terms of the employment equity act 55 of 1998
(PER, 2018)The Employment Equity Act 55 of 1998 ("EEA") has been amended to include a specific provision dealing with equal pay claims in the form of section 6(4). Section 6(4) of the EEA prohibits unfair discrimination in terms and ... -
The right to strike and replacement labour: South African practice viewed from an international law perspective
(PER / PELJ, 2018)South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. ... -
The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise Act 91 of 1964: An appraisal of recent developments in case law
(Vinti, C. 2018. The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise act 91 of 1964: An appraisal of recent developments in case law. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2018(21):1-25. [http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4268], 2018)This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of Trade and Industry to amend Schedule 1 to the Customs and Excise Act 91 of 1964 (hereafter, CEA) in respect of ... -
Some drastic measures to close a loophole: the case of pienaar brothers (PTY) LTD v commissioner for the South African Revenue Service(87760/2014) [2017] ZAGPPHC 231 (29 May 2017) and the targeted retroactive Amendment of Section 44 of the income tax Act58 of 1962
(PER / PELJ, 2018)A taxpayer has the right to arrange his tax affairs within the constraints of the law to his best advantage to pay the least amount of tax. Coupled with this right is the taxpayer's right ... -
Sounding the alarm: government of the republic of Namibia v LM and Women's Rights during childbirth in South Africa
(PER/PELJ, 2018)Government of the Republic of Namibia v LM [2014] NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the ... -
South Africans offering foreign military assistance abroad: how real is the risk of domestic prosecution?
(PER, 2018)This article discusses the efficacy of the existing Regulation of Foreign Military Assistance Act 15 of 1998, and the proposed Prohibition of Mercenary Activities and Regulation of Certain Activities in the Country of Armed ... -
The testamentary trust: is it a trust or a will? Hanekom v Voigt 2016 1 SA 416 (WCC)
(PER, 2018)The recent judgment in Hanekom v Voigt 2016 1 SA 416 (WCC) is evaluated in the light of the traditional understanding of the testamentary trust. It is evaluated from both a testamentary disposition and a trust law perspective, ... -
The testimonial competence of children: a need for law reform in South Africa
(PER, 2018)Modern-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime and consequently represent a ... -
Untitled: Securing land tenure in urban and rural South Africa (2017 University of KwaZulu-Natal Press)
(PER, 2018-01-16)This contribution provides a review of the book edited by Donna Hornby, Rosalie Kingwill, Lauren Royston and Ben Cousins, Untitled: Securing Land Tenure in Urban and Rural South Africa. It deals with the topic of land ... -
Values and the rule of law: foundations of the European Union – an inside perspective from the ECJ
(PER, 2018)Let us remember what has been written, ratified and set into force with the Treaty of Lisbon. The preamble of the Charter of Fundamental Rights starts out by stating: "The peoples of Europe, in creating an ever closer union ...