Search
Now showing items 11-20 of 71
Notes on the proposed amendment of section 21 of the Children's Act38 of 2005
(PER/PELJ, 2019)
In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership ...
The value of the persistent objector doctrine in international human rights law
(PER/PELJ, 2019)
This article critically analyses the use of the persistent objector doctrine in unilaterally challenging the validity of Sexual Orientation and Gender Identity (SOGI) rights and the related state obligations. The persistent ...
Judicial mandate in safeguarding environmental rights from the adverse effects of mining activities in Zambia
(PER/PELJ, 2019)
The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. A polluted environment affects the rights of those who depend on a clean one for their survival. ...
Gender inequality and land rights: The situation of indigenous women in Cameroon
(PER/PELJ, 2019)
Land is an essential resource that serves as a means of subsistence for millions of people in the world and indigenous communities and women in particular. Most indigenous societies' survival is closely tied to land. In ...
A legal perspective on social media use and employment: Lessons for South African educators
(PER/PELJ, 2019)
In this article, the author provides a legal perspective on the interplay between social media use and employment. The unique characteristics of social media are identified in order to frame the article before a number of ...
The right to be granted access over the property of others in order to enter prospecting or mining areas : revisiting Joubert v Maranda Mining Company (Pty) Ltd 2009 4 All SA 127 (SCA)
(PER/PELJ, 2019)
A new mineral law regime was introduced when the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) commenced. Common law mineral rights were abolished and replaced by statutorily created rights to minerals. ...
Did i break it? recording indigenous (Customary) Law
(PER/PELJ, 2019)
In this paper, I explore several issues emerging in the discourse about the recording of indigenous law by drawing on several examples of my research and work with indigenous law in Canada. This is an important inquiry ...
The question is "should insurers continuously update policyholder records"? insurance law requires the principles of administrative law to settle disputes between the policyholder and the insurer
(PER/PELJ, 2019)
It is possible to argue that the Financial Advisory Intermediary Services Ombud (hereafter FAIS Ombud) has jurisdiction to consider insurer's decisions not to update their internal administrative systems. The FAIS Ombud ...
Orocowewin Notcimik Itatcihowin : the Atikamekw Nehirowisiw Code of practice and the issues involved in its writing
(PER/PELJ, 2019)
The Atikamekw Nehirowisiw Nation has for several years been developing a code of practice (orocowewin notcimik itatcihowin) to regulate hunting, fishing and plant harvesting activities in Nitaskinan, its ancestral territory. ...
Interpretation before and after Natal joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA)
(PER/PELJ, 2019)
This article explores the background to the decision in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA), some of its conceptual content and its broader implications for future jurisprudence ...