Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 270-289 of 926
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A duty of support for all South African unmarried intimate partners Part 2: Developing customary and common law and circumventing the volks judgment
(PER / PELJ, 2018)Part I of this two-part article argued that post-constitutional developments of the right to support have excluded the largest and most vulnerable sector of South African women – African women in invalid customary marriages ... -
A duty of support for all South African unmarried intimate partners Part I: The limits of the cohabitation and marriage based models
(PER / PELJ, 2018)The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had ... -
A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
The duty to effect an appropriate mode of payment to minor pension beneficiaries under scrutiny in death claims
(2009)This note focuses on the payment into a trust arrangement in favour of a minor beneficiary as contemplated in terms of section 37C (2) of the Pension Funds Act 24 of 1956. The aim is to examine the criteria under which the ... -
The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?
(PER/PELJ, 2018)The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to ensuring a fair trial. The purpose of the right to remain silent is to ensure that the state bears the ... -
Ecosystem services and international water law: towards a more effective determination and implementation of equity?
(2013)Interest in an ecological- or an ecosystem-centred approach to natural resource management is not new, and in the case of water management has been very well emphasised for many decades. Recently however, a new focus has ... -
EDITORIAL: Legal Interpretation after Endumeni: Clarification, contestation, application
(PER/PELJ, 2019)This special edition consists of a selection of contributions delivered during a conference "Towards an integrated approach to the interpretation of legal documents: contracts, wills and statutes", hosted by the University ... -
Editorial: Special Edition Engaging with African Customary Law: Legal History in Contemporary South Africa
(2017)This special edition consists of a selection of contributions delivered an event on "Custom, Oral History and Law: Writing South African Legal History", co-hosted by the Law School, University of Edinburgh and the Faculty ... -
Editorial: Special Edition on corporate and financial markets law: embracing technology in corporate, securities and financial markets law and the combating of financial crimes in the 4th Industrial Revolution
(PER/PELJ, 2021)This special edition consists of a selection of contemporary and well thought out academic contributions that were developed into full journal articles by presenters who delivered their key findings at the 2nd Annual ... -
EDITORIAL: Special Edition The Universal Declaration of Human Rights at 70 : African Perspectives on Progress and Prospects
(PER/PELJ, 2020)This special edition comprises selected papers on critical reflections on the 70th anniversary of the Universal Declaration of Human Rights (UDHR). The authors critique the contextual relevance of the UDHR to the implementation ... -
Educator sexual misconduct: exposing or causing learners to be exposed to child pornography or pornography
(2015)The law recognises that non-contact sexual offences can cause harm and several offences were created to regulate non-contact sexual child abuse offences. Several of these offences deal with the exposure or causing exposure ... -
The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ... -
The effectiveness of plea and sentence agreements in environmental enforcement in South Africa
(PER/PELJ, 2019)A recent development in South African environmental law is the use of plea and sentencing agreements. The main objective of environmental law is to promote the sustainable use of natural resources while preventing pollution ... -
An embarrassment of riches or a profusion of confusion? An evaluation of the continued existence of the Civil Union Act 17 of 2006 in the light of prospective domestic partnerships legislation in South Africa
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while samesex couples have no choice but to formalise their ... -
The emerging international constitutional order: the implications of hierarchy in international law for the coherence and legitimacy of international decision-making
(2007)The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates to the fact that it contains certain fundamental substantive and ... -
The employee's right to freedom of religion versus the employer's workplace needs: an ongoing battle: TDF network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
(PER/PELJ, 2021)The right to religion is well protected in the Constitution of the Republic of South Africa, 1996 (the Constitution) as well as attendant legislation. Section 15(1) of the Constitution provides that all persons have the ... -
An Employer's Recourse to Lock-Out and Replacement Labour: An Evaluation of Recent Case Law
(2017-12-07)South African labour affairs are in a volatile state. Conflicting rights and interests as well as the balancing of these rights and interests are contributing to this state of affairs. In recent years, the contentious ... -
Employers' statutory vicarious liability in terms of the protection of Personal Information Act
(2016)A person whose privacy has been infringed upon through the unlawful, culpable processing of his or her personal information can sue the infringer's employer based on vicarious liability or institute action based on the ... -
The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 1)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ... -
The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 2)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ...
