Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 260-279 of 963
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Digital financial services : prospects and challenges
(PER/PELJ, 2021)Digital financial services (DFSs), being financial services accessed and delivered through digital channels, have grown rapidly in South Africa as well as globally. The adoption of the technology for DFSs has led to an ... -
Digitalisation in the Health Sector : A South African Public Law Perspective
(PER/PELJ, 2022)The landscape of the health sector in South Africa as seen from a regulatory perspective is rapidly changing under the disruptive impact of digitalisation. Drawing on a paradigm of "strong rights" protection, particularly ... -
Dilemma of Muslim women regarding divorce in South Africa
(2004)On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married ... -
The direct applicability of SADC community law in South Africa and Zimbabwe: a call for supranationality and the uniform application of SADC community law
(PER, 2018)The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them ... -
Direct-to-Consumer Genetic Testing in South Africa : Stumbling Over the First Legal Hurdle?
(PER/PELJ, 2022)Despite the growing popularity of direct-to-consumer genetic testing, there is minimal South African literature on the topic. The limited available research suggests that direct-to-consumer genetic testing is unregulated. ... -
Director and Officer Liability in the Zone of Insolvency; A Comparative Analysis
(2008)It is the duty of the directors of a company to run the business of the company in the best interests of the company and its shareholders. In principle, the company, alone, is responsible for the debts incurred in the ... -
Director's Duty to Act for a Proper Purpose in the Context of Distribution under the Companies Act71 of 2008
(PER/PELJ, 2019)This paper seeks to critically analyse the requirements of the duty imposed on directors to act for a proper purpose as provided in section 76(3)(a) of the 2008 Act (Companies Act71 of 2008)whenever ... -
Disability discrimination and the right of disabled persons to access the labour market
(2012)Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. Key among such challenges has also been employers' ability to ensure that ... -
Disclosure in Centre for Child Law v the Governing Body of Hoërskool Fochville
(2017-12-18)When a party refers to evidentiary material in the course of litigation, ordinarily this party is under an obligation to make this evidence available to his opponent, particularly when called upon to do so. However, over ... -
Discovering the value of liberty in intellectual property adjudication: a methodological critique of the reasoning in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ)
(PER/PELJ, 2021)This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 ... -
A Disgrace to the Master Race: Colonial Discourse Surrounding the Incarceration of "European" Prisoners within the Colony of Natal towards the End of the Nineteenth and Beginning of the 20th Centuries
(2017-12-08)The discourse surrounding the punishment of offenders within a society reveals much about the particular ideological underpinnings of power within that society. Penal discourse within colonial societies is particularly ... -
Disposing of bodies, semantically: notes on the meaning of "disposal" in S v Molefe
(PER, 2018-05-17)In S v Molefe the presiding officer determines the meaning of the word "disposal" at the hand of two criteria, namely visibility and permanence; this means a body has to be permanently out of sight to be considered ... -
Distinguishing Between Private Law and Social–Security Law in Deducting Social Grants from Claims for Loss of Support
(2011)This article attempts to highlight the potential danger in applying private–law principles to social–security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue ... -
DNA evidence as the basis for conviction
(PER/PELJ, 2021)The sufficiency of DNA evidence alone, with regard to convicting accused persons, has been interrogated and challenged in criminal cases. The availability of offender databases and the increasing sophistication of crime ... -
DNA Profiling and the Law in South Africa
(2011)DNA evidence is currently at the forefront of the arsenal of evidence employed in criminal trials. To ensure its optimum use in criminal proceedings, it is imperative that the legal fraternity is properly conversant with ... -
Do boards of trustees of South African retirement funds owe fiduciary duties to both the funds and fund members? The debate continues
(2012)Over the years, the South African retirement fund industry has experienced major regulatory changes. These changes were aimed at imposing a higher standard of governance on the boards of trustees governing various pension ... -
Do the SALINI criteria apply to the definition of an investment provided in annex 1 of the 2006 and 2016 SADC protocol on finance and investment? An assessment
(PER/PELJ, 2020)An investment is the subject matter in an investor-state dispute settlement (ISDS or international arbitration) or litigation case. Therefore, there can be no such dispute if there is no investment to which the dispute ... -
Doctrinal sanction and the protection of the rights of religious associations: Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13) [2014] ZASCA 151
(2016)Scholarship on the protection of religious rights and freedoms in the context of religious associations in South Africa has gained in momentum since the decision by the Equality Court in Johan Daniel Strydom v Nederduitse ... -
The doctrine of quasi-mutual assent - has it become the general rule for the formation of contracts? The case of Pillay v Shaik 2009 4 SA 74 (SCA)
(2012)The doctrine of quasi-mutual assent is undoubtedly part of our South African law and has been affirmed and applied in a number of leading decisions. The purpose of this note is to offer a critical analysis of the application ... -
Does albinism fit within the legal definition of disability in the employment context? A comparative analysis of the judicial interpretation of disability under the SA and the US non-discrimination laws
(PER / PELJ, 2018)South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by ...