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
(PER/PELJ, 2022)Why should we bear responsibility for the degradation of the environment? A wide range of responses is on offer to this question. Common to them all is that they are all rooted in one or the other ontological and epistemic ...
The Legal Relevance of Nature based Solutions for Sustainable Urban Development in South African Secondary Cities (PER/PELJ, 2022)South Africa, like many other countries worldwide, strives for sustainable development. Increasing urbanisation and climate change are two of the main drivers of the global pursuit of sustainable development. Nature-based ...
Judging the Holy Cow : Examining the Role of Implicit Bias in Judicial Rulings An Analysis of the Decision in Mbena v Minister of Justice and Correctional Services 2015 4 All SA 361 (ECP) (PER/PELJ, 2022)This contribution is an investigation into the role of implicit (as opposed to explicit) biases in judicial rulings by examining the judgment of Chetty J in Mbena v Minister of Justice and Correctional Services 2015 4 All ...
"In Which the Partners Undertook Reciprocal Duties of Support" A Discussion of the Phrase as Used in Bwanya v Master of the High Court, Cape Town (PER/PELJ, 2022)In December 2021 the Constitutional Court delivered judgment in Bwanya v Master of the High Court, Cape Town. The court ruled that survivors of life-partnerships "in which the partners undertook reciprocal duties of support" ...
The Supreme Court of Zimbabwe's Chigwada Decision and Its Implications for Testamentary Dispositions and Enforcement of Section 26 of the Constitution of Zimbabwe (PER/PELJ, 2022)The Supreme Court of Zimbabwe recently handed down a judgment on the determination of whether the law that governs testamentary dispositions of estates binds a testator to bequeath his or her share of property to the ...
Independent Candidacy and Electoral Reform : New Nation Movement NPC v President of the Republic of South Africa (PER/PELJ, 2022)In the New Nation case, the Constitutional Court declared the provisions of the Electoral Act that prevent independent candidates from competing in provincial and national elections unconstitutional. It ruled that the ...
The Payout of a Life Insurance Policy into an Unrehabilitated Insolvent's Estate : Malcolm Wentzel v Discovery Life Limited : In Re Botha v Wentzel (1001/19)  ZASCA 121 (2 October 2020) (PER/PELJ, 2022)One of the consequences of sequestration is the vesting of the property of an insolvent person in the trustee of the insolvent estate. However, not all the property of the insolvent person vests in the trustee as there ...
(PER/PELJ, 2022)In King v De Jager 2021 5 BCLR 449 (CC), the Constitutional Court held that a clause in a private will that unfairly discriminated against beneficiaries based on gender was unlawful and unenforceable. This note considers ...
Facing the Music through Environmental Administrative Penalties : Lessons to be Learned from the Implementation and Impact of Section 24G? (PER/PELJ, 2022)Section 24G was inserted into the National Environmental Management Act 107 of 1998 to provide a mechanism for authorising activities that commence unlawfully. It contains South Africa's only environmental administrative ...
(PER/PELJ, 2022)As relics of the legacy of apartheid, the boundaries of cities have expanded exponentially. The notion of the urban edge has therefore been introduced as a planning tool to prevent further sprawl and has become an ...
(PER/PELJ, 2022)This article is concerned with the extent to which corporations involved in governing South African cities and towns are bound to the developmental objectives and socio-economic rights that urban governance efforts are ...
(PER/PELJ, 2022)In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While ...
(PER/PELJ, 2022)Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms ...
(PER/PELJ, 2022)This article discusses the prevalence of bullying in South African workplaces as well as the causes and symptoms thereof and the shortcomings in the current protection available to victims. Jurisprudence indicates that in ...
Genetically Modified Mosquitoes to Fight Malaria in Nigeria, Burkina Faso, Mali and Uganda : What Legal Response? (PER/PELJ, 2022)Advanced applied research on genetically modified (hereafter GM) insects is being undertaken to control insect vectors of human diseases such as mosquitoes. GM insect technologies are being developed in countries where ...
(PER/PELJ, 2022)This article considers a lack of legal literacy as a barrier to access to justice. The article then considers the potential effectiveness of introducing media-based teaching tools to South African society in an attempt ...
Re-examining the Constitutional Court's Approach to the Property Question Since First National Bank of SA Ltd T/A Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd T/A Wesbank v Minister of Finance 2002 4 SA 768 (CC) (PER/PELJ, 2022)The First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC) (FNB) decision led to the development of ...
Appraisal of Selected Themes on the Impact of International Standards on Labour and Social Security Law in South Africa (PER/PELJ, 2022)For many years, South African courts have relied on International Labour Organisation conventions to interpret and give meaning to the fundamental social security and labour law rights enshrined in the Constitution, 1996. ...
(PER/PELJ, 2022)The re-enactment of the context and the purposes of past laws obviates the resort to "principled forgetfulness", since South African law is recalled in a manner that is connected to its morality. The discussion of officially ...
First Do No Harm : Legal Principles Regulating the Future of Artificial Intelligence in Health Care in South Africa (PER/PELJ, 2022)What sets AI systems and AI-powered medical robots apart from all other forms of advanced medical technology is their ability to operate at least to some degree autonomously from the human health care practitioner and to ...