Browsing PER: 2019 Volume 22 by Issue Date
Now showing items 21-40 of 71
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Gongqose v Minister of Agriculture, Forestry and Fisheries–a tale of customary rituals and practices in Marine Protected Areas
(PER/PELJ, 2019)The correct application of customary law post constitutionalism continues to be the subject of much judicial and academic deliberation. This is especially true where the existence and/or scope of customary rights and ... -
The "Necessity Test" as expressed by the Enigmatic Article XX(j) of the general agreement on Tariffs and Trade (1994) : appellate body report, India - certain measures relating to solar cells and solar modules
(PER/PELJ, 2019)The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. ... -
The protection of conscientious objection against euthanasia in health care
(PER/PELJ, 2019)In 2015 the South African judiciary was confronted with the issue of the so-called "right to die", when Robin Stransham-Ford applied to the High Court of South Africa (the North Gauteng Division) for an order to have his ... -
Prêt-à-Porter Procreation : contemplating the ban on preimplantation sex selection
(PER/PELJ, 2019)Preimplantation genetic testing makes it possible to genetically test in vitro embryos for the presence of genetic disease. It also identifies the sex of the embryo. Preimplantation sex selection is prohibited in a number ... -
The application and interpretation by South African courts of General Renvoi Clauses in South African double taxation agreements
(PER/PELJ, 2019)General renvoi clauses in DTAs based on article 3(2) of the OECD MTC provide that an undefined term in a DTA shall have the meaning that it has in the domestic law of the contracting state applying the DTA unless the context ... -
Judicial review of the legislative process in Lesotho : lessons from South Africa
(PER/PELJ, 2019)The Constitution of Lesotho, 1993 has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process ... -
Property and "Human Flourishing": A Reassessment in the Housing Framework
(PER/PELJ, 2019)In South Africa, land/housing is a finite non-shareable type of property that must yield to stringent constitutional control to meet land reform and housing objectives, which is high on our constitutional ... -
Director's Duty to Act for a Proper Purpose in the Context of Distribution under the Companies Act71 of 2008
(PER/PELJ, 2019)This paper seeks to critically analyse the requirements of the duty imposed on directors to act for a proper purpose as provided in section 76(3)(a) of the 2008 Act (Companies Act71 of 2008)whenever ... -
An Overview of fixed-term contracts of employment as a form of A-typical Employment in South Africa
(PER/PELJ, 2019)A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, ... -
Deciphering dangerousness: a critical analysis of section 286A and B of the Criminal Procedure Act 51 of 1977
(PER/PELJ, 2019)The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks ... -
The influence of "reasonableness" on the element of conduct in delictual or tort liability - comparative conclusions
(PER/PELJ, 2019)In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American ... -
The price of sadness : comparison between the Netherlands and South Africa
(PER/PELJ, 2019)Bereavement can be a precipitating and perpetuating factor for various psychiatric injuries. However, the normal experience of bereavement also causes significant disruption and stress in an individual's psychosocial ... -
Curriculum decolonisation and Revisionist Pedagogy of African Customary Law
(PER/PELJ, 2019)Fees-related protests in South African universities have pushed the decolonisation of the law curriculum to the front burner of academic discourse. As part of the curriculum, African customary law was marginalised in the ... -
The suspension and setting aside of delinquency and probation orders under the Companies Act 71 of 2008
(PER/PELJ, 2019)A significant innovation of the Companies Act 71 of 2008 is contained in section 162. This provision empowers a court to declare a director delinquent or under probation on various grounds. The effect of a delinquency order ... -
The Prevention of Organised Crime Act 1998: the need for extraterritorial jurisdiction to prosecute the higher echelons of those involved in rhino poaching
(PER/PELJ, 2019)The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves ... -
The effectiveness of plea and sentence agreements in environmental enforcement in South Africa
(PER/PELJ, 2019)A recent development in South African environmental law is the use of plea and sentencing agreements. The main objective of environmental law is to promote the sustainable use of natural resources while preventing pollution ... -
Legal Pluralism, uBuntu and the use of open norms in the South African Common Law of Contract
(PER/PELJ, 2019)In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how ... -
Progressive realisation of Muslim family law : the case of Tunisia
(PER/PELJ, 2019)From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven ... -
Judicial defence of constitutionalism in the assessment of South Africa's international obligations
(PER/PELJ, 2019)The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The ... -
The Application of International Human Rights Instruments in Outer Space Settlements: Today's Science Fiction, Tomorrow's Reality
(2019)The military and commercial exploitation of outer space has received increasing international attention since the United States of America announced its intention to establish an outer space military force ...