Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 22-41 of 963
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Alternatives to bankruptcy in South Africa that provides for a discharge of debts: Lessons from Kenya
(PER/PELJ, 2019)The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which ... -
Analysing and comparing warrantless Tax inspections and searches
(PER/PELJ, 2019)Sections 45 and 63 of the Tax Administration Act 28 of 2011 (TAA) confer drastic information gathering powers on officials of the South African Revenue Service (SARS). On the one hand, section 45 permits warrantless routine ... -
Analysing the onus issue in dismissals emanating from the enforcement of unilateral changes to conditions of employment
(2011)The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court ... -
An Analysis of South Africa's Provision of Emergency Water Supply During the Covid 19 Pandemic : Accountability and Expiration
(PER/PELJ, 2022)The COVID-19 pandemic has illuminated the widespread lack of access to adequate water and sanitation in South African informal settlements and rural areas. While the full complexities of the relationship between inequality, ... -
An analysis of the "National Security Interest" provision in terms of section 18A of the Competition Act 89 of 1998
(PER/PELJ, 2021)This contribution examines the implications of the "national security provision" in terms of section 18A of the Competition Act 89 of 1998 as inserted by section 14 of the Competition Amendment Act 18 of 2018. The effect ... -
An analysis of the dispute settlement mechanism under the consumer protection act 68 of 2008
(2012)This article critically analyses the provisions of the Consumer Protection Act 68 of 2008, which deals with the enforcement of consumer rights. The Act provides for various forums where consumers can seek redress in cases ... -
An analysis of the implementation of the caselines system in South African courts in the light of the provisions of section 27 of the electronic communications and transactions act 25 of 2002 : a beautiful dream to come true in civil procedure
(PER/PELJ, 2021)The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been ... -
An Analysis of the Public Protector's Investigatory and Decision-Making Procedural Powers
(PER/PELJ, 2019)This article critically analyses the Draft Rules to the Public Protector Act23 of 1994 and examines the efficacy of the Public Protector's decision-making procedural powers. Several procedural lacunae ... -
An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: suggestions for reform – part one
(PER, 2018)The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa – with a view to providing clear, practical suggestions for regulatory reform in the context ... -
An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: suggestions for reform – part two
(PER, 2018)The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa with a view to suggesting law reform in the light of the most recent proposals put forward ... -
Anti-money laundering regulations and the effective use of mobile money in South Africa – Part 1
(2015)Mobile financial services, specifically mobile money, has the potential to expand access to financial services to millions of unbanked people in South Africa. As such, it looks very promising in terms of financial inclusion. ... -
Anti-money laundering regulations and the effective use of mobile money in South Africa – Part 2
(2015)Mobile financial services, specifically mobile money, has the potential to expand access to financial services to millions of unbanked people in South Africa. As such, it looks very promising in terms of financial inclusion. ... -
Apartheid's Alcatraz: the Barberton Prison Complex during the early 1980s - Part one
(2015)The purpose of this two-part article is to examine in detail the public discourse surrounding the Barberton Prison Complex during the early 1980s, at the height of the apartheid era. The prisons within the Barberton Prison ... -
Apartheid's Alcatraz: the Barberton Prison Complex during the early 1980s - Part two
(2015)The purpose of this two-part article is to examine in detail the public discourse surrounding the Barberton Prison Complex during the early 1980s, at the height of the apartheid era. The prisons within the Barberton Prison ... -
The Appellate Division has spoken - Sequestration Proceedings do not Qualify as Proceedings to Enforce a Credit Agreement under The National Credit Act 34 of 2005: Naidoo v ABSA Bank 2010 4 SA 597 (SCA)
(2011)This case note aims to analyse the decision of the Supreme Court of Appeal in Naidoo v ABSA Bank 2010 4 SA 597 (SCA) and to spark some debate as to whether being under debt review in terms of the National Credit Act (NCA) ... -
The application and interpretation by South African courts of General Renvoi Clauses in South African double taxation agreements
(PER/PELJ, 2019)General renvoi clauses in DTAs based on article 3(2) of the OECD MTC provide that an undefined term in a DTA shall have the meaning that it has in the domestic law of the contracting state applying the DTA unless the context ... -
The Application of International Human Rights Instruments in Outer Space Settlements: Today's Science Fiction, Tomorrow's Reality
(2019)The military and commercial exploitation of outer space has received increasing international attention since the United States of America announced its intention to establish an outer space military force ... -
Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines
(2017-10-17)In terms of section 30 of the Restitution of Land Rights Act 22 of 1994, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether ... -
The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation
(2012)The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was ...