Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 156-175 of 963
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The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights
(2015)Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights ... -
The constitutional protection afforded to child victims and child witnesses while testifying in criminal proceedings in South Africa
(PER/PELJ, 2019)The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children ... -
The Constitutional Rules of Succession to the Institution of Monarch in Lesotho
(PER/PELJ, 2019)The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the ... -
The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure
(2009)An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution Summary 1 At the outset it should be pointed out that this article ... -
Constitutional values, therapeutic jurisprudence and legal education in South Africa: shaping our legal order
(2016)Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest ... -
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) ... -
Constitutionalising the right legal representation at CCMA Arbitration Proceedings: law society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
(2013)Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common ... -
The constitutionality of biological father's recognition as a parent
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act1 still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities ... -
The Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers
(PER/PELJ, 2022)As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions. The Draft National Health Insurance Bill, 2019 ... -
The constitutionality of the prohibition of hate speech in terms of section 10(1) of the equality act: A reply to Botha and Govindjee
(PER/PELJ, 2019)This is a reply to a critique by Botha and Govindjee (2017 PELJ 1-32) of our interpretation of the hate speech provisions of the Equality Act (Promotion of Equality and Prevention of UnfairDiscrimination Act 4 of 2000) in ... -
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 ... -
The consumer protection act 68 of 2008 and procedural fairness in consumer contracts
(2015)In general, the concept "contractual fairness" can be narrowed down, described and analysed with reference to the two interdependent types of fairness – substantive and procedural fairness. Measures aimed at procedural ... -
Contemporary Legal Issues in Electronic Commerce in Nigeria
(2008)The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions ... -
Contentious Issues Arising from Payments made in Full and Final Settlement
(2008)Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion: Be Bop A Lula Manufacturing & Printing v ... -
A contextual analysis of the hate speech provisions of the equality act
(2015)The article presents a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Equality Act. It is argued that this provision is not primarily intended to describe and ... -
"Contributory intent" as a defence limiting delictual liability
(2014)In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may ... -
The Control and Eradication of Invasive Species in Urban Areas in terms of South African Law : The City of Cape Town and Polyphagous Shot Hole Borer Beetles
(PER/PELJ, 2022)The introduction and prevalence of invasive species is an alarming reality in South Africa. The emergence of invasive species has resulted in harmful consequences on various levels and has adverse impacts on the environment ... -
The conundrum of judicial notice as a means of ascertaining customary law in Nigerian and South african courts amid the convergence of positivism and legal pluralism
(PER/PELJ, 2019)The roles of the courts have become an inevitable social reality in adjudicating customary law disputes in Nigeria and South Africa. Because these courts are established and validated along positivist practice, they ... -
Copyright Reform in South Africa : Two Joint Academic Opinions on the Copyright Amendment Bill [B13B 2017]
(PER/PELJ, 2022)South Africa is in the process of reforming its copyright law, attempting to update and align it with constitutional rights and existing and prospective international treaty obligations. With the adoption of the Copyright ...