Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 210-229 of 963
-
Deciphering dangerousness: a critical analysis of section 286A and B of the Criminal Procedure Act 51 of 1977
(PER/PELJ, 2019)The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks ... -
Deciphering the Composition of Section 79- Assessment Panels in the Criminal Procedure Amendment Act 4 of 2017
(2017-12-08)Section 79 of the Criminal Procedure Act 51 of 1977 provides for the appointment of mental health professionals to assess an accused’s fitness to stand trial and/or criminal capacity if the court orders such an enquiry in ... -
Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law
(2017-10-26)The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and ... -
Defending the absurd: the Iconoclast's guide to section 47(1) of the Superior Courts Act 10 of 2013
(2014)This contribution was intended as a defence of section 25(1) of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the ... -
Deference and diffèrance: judicial review and the perfect gift
(2006)The highest courts in both Canada and South Africa have expressed themselves in favour of an approach of deference as respect in the review of administrative action. The notion of deference as respect derives from ... -
Defining fairness in dismissals of unauthorised foreign nationals
(PER/PELJ, 2020)It is trite that if a person's employment is prohibited by law it is not possible for such a person to perform his or her work lawfully. However, people are employed despite failing to comply with statutory requirements. ... -
Defining the Urban Edge - A Guide to its Implementation for Sustainable Development
(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 ... -
Deliberating the rule of law and constitutional supremacy from the perspective of the factual dimension of law
(2015)Positive law is two-dimensional: it has a justice (or ideal) dimension (and requisite) and a factual (or real) dimension (and requisite). Both are essential. Hence positive law lapses when either of the two is absent. In ... -
Deliktuele aanspreeklikheid van die afrigter in skolesport - 'n sekuriteitsaangeleentheid
(2011)Sports law can be regarded as one of the latest developments in law. As applied to the school setting, and with special reference to sport coaching, this article deals with the five fundamental elements of the law of ... -
Delinquent directors under the companies act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35
(2016)The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 ... -
Delivery of the Compulsory Section 129(1) Notice as required by the National Credit Act of 2005*
(PER/PELJ, 2018)In terms of section 129(1) of the National Credit Act 34 of 2005 (NCA), a credit provider first needs to provide a consumer with notice of his default and a list of possible remedies to overcome the default, before enforcing ... -
Demographic and social factors influencing public opinion on prostitution: an exploratory study in Kwazulu-Natal province, South Africa
(2012)This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors which might influence these attitudes. It also investigates the complex relationship ... -
Demystification of the Inquisitorial System
(2011)Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Procedure Act requires a revamp. Lessons can be learnt from the inquisitorial systems but local lawyers have preconceived ... -
Demystifying hate speech under the PEPUDA
(PER/PELJ, 2020)The factual matrix that is considered in each hate speech case differs from that in the next. However, certain factors always remain key in the process of balancing the different constitutional rights at play: who the ... -
Demystifying the role of copyright as a tool for economic development in Africa : tackling the harsh effects of the transferability principle in copyright law
(2014)In the English common law tradition copyright is seen as being in the nature of a property right and thus alienable and transmissible from one person to the other. In contrast, the droit d’auteur system of Continental ... -
Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten
(2008)Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The ... -
Derivative misconduct and forms thereof: Western Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC)
(2016)Western Platinum Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC) ("Hlebela") required the Labour Appeal Court to grapple with difficult questions presented by a generic dilemma which confronts an employer who is faced with ... -
Determining the content of indigenous law with special reference to recording of the law - continental views
(PER/PELJ, 2019)This special edition comprises a selection of contributions delivered at a conference hosted by the Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town in collaboration with its research ... -
Determining the effect (the social costs) of exclusion under the South African exclusionary rule: should factual guilt tilt the scales in favour of the admission of unconstitutionally obtained evidence?
(2012)Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of unconstitutionally obtained evidence in criminal trials. Three groups of factors must be considered to assess whether ...