Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 304-323 of 963
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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 ... -
The Employment Status of Magistrates in South Africa and the Concept of Judicial Independence
(2017-11-07)Protection in terms of labour law is primarily available only to persons with status as employees. In South Africa the courts have over the years developed different tests to establish who is an employee and therefore ... -
The Enforceability of Illegal Employment Contracts according to the Labour Appeal Court Comments on Kylie v CCMA 2011 4 SA 383 (LAC)
(2011)The Labour Appeal Court in Kylie v CCMA decided the vexed question as to whether or not the CCMA has jurisdiction to resolve a dispute of unfair dismissal involving a sex worker. Both the CCMA and the Labour Court had ... -
The Enforcement of Socio-Economic Rights
(2007)In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens ... -
Enhancing the value of patents as corporate assets in South Africa : how can artificial intelligence (AI) assist?
(PER/PELJ, 2021)Although the accounting definition of assets contemplates intangible, abstract assets such as those embodied in intellectual property (IP), South African company law largely views IP as a legal and not a business asset. ... -
The enigmatic but unique nature of the Israeli legal system
(2012)The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and ... -
Enkele opmerkings oor bankrot munisipaliteite
(2015)The insolvency of municipalities is no longer a rare incident; it is a reality. It is interesting to note that even in the United States of America the insolvency of municipalities is currently an equally serious concern. ... -
Ensuring the reliability of fire-arm identification evidence
(PER/PELJ, 2020)Notwithstanding the acceptance of firearm identification by courts, the scientific community has been reluctant to recognise firearm identification as a reliable method of conclusively establishing a connection between a ... -
Environmental Stewardship: Confluence of Law and Religion?
(PER/PELJ, 2022)Why should we bear responsibility for the degradation of the environment? A wide range of responses is on offer to this question. Common to them all is that they are all rooted in one or the other ontological and epistemic ... -
Equal pay for work of equal value in terms of the Employment Equity Act 55 of 1998: lessons from the International Labour Organisation and the United Kingdom
(2016)Equal pay is an area of employment law that is complex and not easily understood. This complexity is recognised by the International Labour Organisation (ILO), which notes that equal pay for work of equal value has proved ... -
Equal Pay in Terms of the Employment Equity Act: The Role of Seniority, Collective Agreements and Good Industrial Relations: Pioneer Foods (Pty) Ltd v Workers against Regression 2016 ZALCCT 14
(2017-12-05)Equal pay for equal work and work of equal value is recognised as a human right in international law. South Africa has introduced a specific provision in the EEA in the form of section 6(4) which sets out the causes of ... -
The Establishment of Kingdoms and the Identification of Kings and Queens in terms of the Traditional Leadership and Governance Framework Act 41 of 2003
(2008)The Traditional Leadership and Governance Framework Act 41 of 2003 provides, amongst others matters, for the recognition of kings and queens and the establishment of a Commission on Traditional Leadership Disputes and ... -
Estate planning and wills across borders : sometimes a quagmire in the making
(PER/PELJ, 2021)In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and ... -
Ethics, justice and the sale of kidneys for transplantation purposes
(2010)Living kidney donor transplantations are complex; add to that financial compensation to the donor and one enters an ethical maze. Debates on whether the buying and selling of kidneys should be allowed are mainly between ... -
European and American perspectives on the choice of law regarding cross-border insolvencies of multinational corporations - suggestions for South Africa
(2012)An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the ... -
An evaluation of the self-regulation of promotional competitions in South Africa
(2016)Promotional competitions are competitions in which prizes are awarded by lot or chance in order to promote goods or services. In order to protect participants and consumers against abuse, these competitions are usually ... -
Evaluering van regstellende aksie in konteks van moontlike onbillike diskriminasie teen subgroepe binne die aangewese groep
(2015)The implementation of affirmative action measures can give rise to unfair discrimination. In cases where members of the “designated groups” compete with one another for the same position, there can be allegations of unfair ... -
Ex post facto authorisation in South African environmental assessment legislation: a critical review
(2006)One of the fundamental tenets underlying environmental assessment both internationally and in South Africa is that it is anticipatory in nature in that it is essentially an evaluation of the effects likely to arise from a ... -
Examining the Application of Deterrence in Sentencing in Malawi
(2017-12-18)This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play ... -
Examining the Land Use Act of 1978 and its effects on tenure security in Nigeria : a case study of Ekiti State, Nigeria
(PER/PELJ, 2019)The Land Use Act of 1978 (LUA) has failed to achieve some of its objectives. The rural poor and the vulnerable are those most affected. The failure is ascribed to problems inherent in the Act and poor implementation. This ...