Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 469-488 of 963
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Kerkhoff v Minister of Justice and Constitutional Development 2011 2 SACR 109 (GNP): intermediary appointment reports and a child's right to privacy versus the right of an accused to access to information
(2017)General consensus exists that the adversarial nature of the South African criminal procedure with its often aggressive cross-examination of a witness, sometimes by an accused himself, will in most cases expose a child to ... -
Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille.
(2009)A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is ... -
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 ... -
King v De Jager : Implications for Religion Based Discrimination in Wills
(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 ... -
Knowledge is the key to riches. Is the law (or anything else) protecting it adequately?
(2008)Information has brought about a new way of thinking and trading and a new concept of what is really valuable. In the present article the author explores whether efforts to catch up in various areas of law have kept pace ... -
Konstitusionele voorskrifte rakende regspersone
(1998)The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights ... -
Korporatiewe Identiteit as die Basis van Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels
(2011)The different models for the criminal liability of juristic persons reveal a tension between individualist and realistic approaches. For individualists a corporation is the product of a union of individuals. This means ... -
Korporatiewe Identiteit as Grondslag van die Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels
(2011)The different models for the criminal liability of juristic persons reveal a tension between individualist and realistic approaches. For individualists a corporation is the product of a union of individuals. This ... -
Kuwali, D. and Viljoen, F. (eds).2017. By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa (PULP Pretoria 2017) ISBN 978 1 920538 66 8 [Book review]
(PER/PELJ, 2020)This contribution provides a review of the collective volume "By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa" edited by Dan Kuwali and Frans Viljoen. -
Land as a "national asset" under the constitution: the system change envisaged by the 2011 Green Paper on land policy and what this means for property law under the constitution
(2014)This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new ... -
Land restitution through the lens of environmental law: some comments on the South African vista
(2006)Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well ... -
Langer, L. 2014. Religious Offence and Human Rights: The Implications of Defamations of Religions (Cambridge University Press 2014) ISBN 9781139600460 [Book review]
(PER/PELJ, 2020)This contribution is a review of a book on actions which may offend religious feelings even if it was not the intention of the offender to do so. This book illustrates how, drawings (amongst others) on the face of it, may ... -
Language Discrimination in the Context of South African Workplace Discrimination Law
(PER/PELJ, 2022)This contribution considers the role of language as a prohibited ground of unfair discrimination in the workplace in South Africa, an area of law that has been somewhat neglected in the literature to date. It starts by ... -
The law and practice of criminal asset forfeiture in South African criminal procedure: a constitutional dilemma
(2014)The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a ... -
The law faculty of the NWU Potchefstroom campus celebrates its half centenary
(2015)The Law Faculty of the North-West University, Potchefstroom Campus, is celebrating its half centenary in 2015, having been founded in 1965. Law subjects were first introduced in 1932 after the Senate had decided on 11 ... -
The Law Regarding Pension Interest in South Africa has been settled! Or has It? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162
(2017-03-31)This article reflects on the law relating to pension interest in South Africa. In particular, it assesses whether the Supreme Court of Appeal in Ndaba v Ndaba (600/2015) [2016] ZASCA 162 adequately clarified how this area ... -
Law's Poverty
(2015)This article adopts an analysis that explicitly politicises poverty and relates it to the concrete history of racialised capitalism and structural inequality that defined colonialism and apartheid and continues to persist ... -
Law, the laws of nature and ecosystem energy services: a case of wilful blindness
(2013)Ecosystems services include the collection, concentration, and storage of solar energy as fossil fuels (e.g., coal, petroleum, and natural gas). These concentrated forms of energy were produced by ancient ecosystem ... -
Laws against strikes – The South African experience in an international and comparative perspective
(PER, 2018)This contribution reviews the book entitled Laws against Strikes – The South African Experience in an International and Comparative Perspective edited by Bob Hepple, Rochelle le Roux and Silvana Sciarra.