PER: Potchefstroom Electronic Law Journal
Potchefstroom Electronic Law Journal (PELJ)
Potchefstroomse Elektroniese Regsblad (PER)
ISSN 1727-3781 (online)
Focus and Scope
PELJ/PER publishes contributions relevant to development in the South African constitutional state. This means that most contributions will concern some aspect of constitutionalism or legal development. The fact that the South African constitutional state is the focus, does not limit the content of PELJ/PER to the South African legal system, since development law and constitutionalism are excellent themes for comparative work. Contributions on any aspect or discipline of the law are welcomed, as long as the main themes are addressed.
The scholarly rigour and the contribution that a manuscript makes to the development of legal scholarship serve as primary criteria for acceptance for publication. Contributions submitted are reviewed in two steps.
Step 1 is an internal evaluation where the editorial team ensures that:
- the contribution falls within the focus and scope of PELJ/PER;
- the quality and clarity of the language is good;
- the guidelines and referencing style have been complied with; and
- the contribution is on the face of it of an adequate level of scholarly quality.
Step 2 is an external evaluation where contributions accepted for review are subjected to anonymous blind reviews by at least two reviewers who will be selected according to availability and subject matter of the contribution.
Both international and national reviewers are invited to participate in the peer review of manuscripts submitted for possible publication. The average period for feedback to authors is four (4) months but longer periods have been experienced in certain cases.
Contributions which do not comply with the guidelines and referencing style will be rejected outright.
From 2016, PELJ/PER publishes continuously and contributions will be published as they become available.
PELJ/PER uses a digital object identifier (DOI), which is a unique alphanumeric string assigned by a registration agency (CrossRef) to identify content and provide a persistent link to its location on the Internet. The publisher assigns a DOI when an article is published and made available electronically
Copyright remains with the author/s of the article/s.
All articles published in PELJ/PER can be re-used under the following CC license: CC BY-SA Creative Commons Attribution-ShareAlike 4.0 International License.
Article Processing Charge
PELJ/PER charges an article processing fee for articles that are published. Currently, this fee is ZAR90 per page. Visit the website of the journal for any updates in this regard.
How to submit a contribution
Register and submit online at http://journals.assaf.org.za/per/index after you have read and complied with the requirements of PELJ/PER.
Editor-in-Chief: Prof Christa Rautenbach
- Prof Klaus D Beiter
- Prof Wian Erlank
- Prof Anél du Plessis
- Prof Sarel Francois du Toit
- Dr Oliver Fuo
- Dr Anél Gildenhuys
Collections in this community
Frankenberg G comparative constitutional studies – Between magic and deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook) (PER / PELJ, 2018)This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward Elgar Publishing in 2018
Moosa IA publish or perish. Perceived benefits versus unintended consequences (2018 Edward Elgar Publishing UK) (PER / PELJ, 2018)This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by Edward Elgar Publishing in 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 (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 ...
Modderklip revisited: Can courts compel the state to expropriate property where the eviction of unlawful occupiers is not Just and equitable? (PER / PELJ, 2018)This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to ...
The constitutionalisation of the test for statutory illegality in South African contract law: Cool ideas v Hubbard 2014 4 SA 474 (CC) (PER / PELJ, 2018)This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) ...
A duty of support for all South African unmarried intimate partners Part I: The limits of the cohabitation and marriage based models (PER / PELJ, 2018)The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had ...
(PER / PELJ, 2018)This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East ...
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 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. ...
A duty of support for all South African unmarried intimate partners Part 2: Developing customary and common law and circumventing the volks judgment (PER / PELJ, 2018)Part I of this two-part article argued that post-constitutional developments of the right to support have excluded the largest and most vulnerable sector of South African women – African women in invalid customary marriages ...
(PER/PELJ, 2018)In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with regard to non-lawyers. This article is based on research conducted to determine whether regulating ...
(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 ...
(PER/PELJ, 2018)Organic agriculture is a sustainable agricultural system with high environmental protection and animal welfare. In 2015, the world organic agriculture covered 50.9 million hectares with Oceania as the biggest regional ...
(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 ...
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  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 ...
Some drastic measures to close a loophole: the case of pienaar brothers (PTY) LTD v commissioner for the South African Revenue Service(87760/2014)  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 ...
(PER /PELJ, 2018)A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in ...
Does albinism fit within the legal definition of disability in the employment context? A comparative analysis of the judicial interpretation of disability under the SA and the US non-discrimination laws (PER / PELJ, 2018)South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by ...
(PER / PELJ, 2018)Significant advances in cryogenic technology render it possible to freeze and store human gametes. Under appropriate laboratory conditions frozen gametes can remain viable for long periods of time. In consequence, it is ...
(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, ...