North-West University Journals: Recent submissions
Now showing items 281-300 of 4606
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The right of child offenders to intermediary assistance in the Criminal Justice System : a South African perspective
(PER/PELJ, 2021)The right of a child offender to participate effectively in criminal proceedings is a fundamental aspect of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as ... -
Fraus Legis in Constitutional Law : the case of Expropriation "Without" or for "Nil" compensation
(PER/PELJ, 2021)Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To ... -
DNA evidence as the basis for conviction
(PER/PELJ, 2021)The sufficiency of DNA evidence alone, with regard to convicting accused persons, has been interrogated and challenged in criminal cases. The availability of offender databases and the increasing sophistication of crime ... -
The Consumer Protection Act 68 of 2008 and Parol Evidence
(PER/PELJ, 2021)The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic ... -
Data commercialisation in the South African Health Care Context
(PER/PELJ, 2021)Realisation of the value and the commercialisation potential of data is gaining exponential momentum. The combination of historical data exploitations and the use of technologies that allow for the triangulation of data ... -
The taxation of company distributions in respect of hybrid instruments in South Africa : lessons from Australia and Canada
(PER/PELJ, 2021)Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while ... -
Compensating landowners? The state's (Limited) duty toward landowners in delayed eviction matters
(PER/PELJ, 2021)The unlawful occupation of private land creates a tension between the interests of the unlawful occupiers to avoid homelessness and the landowner to regain control of its property. To balance the interests and rights ... -
Revoking a decision to suspend payment of disputed tax "on further consideration": an Administrative Law Perspective
(PER/PELJ, 2021)The "pay now, argue later" rule entails that the obligation to pay tax and the right of the South African Revenue Service (SARS) to receive and recover tax are not suspended by objection or appeal. However, in terms of ... -
Interpretation of wills - does Endumeni case apply
(PER/PELJ, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
The legal operation of liens : theory and practice
(PER/PELJ, 2021)The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an ... -
Innovative regulation of meat consumption in South Africa : an Environmental Rights perspective
(PER/PELJ, 2021)Meat production is a human activity driven by meat consumption, a human behaviour normalised in today's society. Human activity stems from particular psychological patterns (manifesting as human behaviour). It is argued ... -
Challenges to the prohibition on sovereignty in Outer Space - A new frontier for space governance
(PER/PELJ, 2021)The current space arena has changed significantly since the 1950s, when outer space activities commenced. At the time of the adoption of the Outer Space Treaty (and the related General Assembly Resolutions), the outer ... -
Reflecting on the role and impact of the Constitutional Value of uBuntu on the concept of Contractual Freedom and Autonomy in South Africa
(PER/PELJ, 2021)Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter ... -
The leave of court requirement for instituting derivative actions in the UK : a ten-year jurisprudential excursion
(PER/PELJ, 2021)The judiciary-exclusive role to allow or deny the commencement or continuation of contemporary derivative litigation is one of the critical aspects of such proceedings. Before the 2006 codification, derivative actions ... -
What about the child? Preventing the publication of children's name after the age of 18
(PER/PELJ, 2021)Children are afforded a number of different protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position they occupy in society. When children form part ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
Should South Africa criminalise Ukuthwala leading to forced marriages and child marriages?
(PER/PELJ, 2021)In 2014 the South African Law Reform Commission (SALRC) released a Discussion Paper on the practice of ukuthwala. The Discussion paper was revised and released again in 2015 to include public consultations and the proposed ... -
Estate planning and wills across borders : sometimes a quagmire in the making
(PER/PELJ, 2021)In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and ... -
Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution
(PER/PELJ, 2021)The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, ... -
Key considerations for traditional residential Universities intending to offer Bachelor of Laws (LLB) through the distance mode of tuition : a case study
(PER/PELJ, 2021)This case study aims to provide key considerations that traditional residential universities should consider when deciding to offer a distance tuition programme alongside an existing contact tuition programme. The University ...
