Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 326-345 of 963
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Exemption clauses and the Consumer Protection Act 68 of 2008: an assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)
(2014)Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom ... -
The Experience of Face Veil Wearers in Europe and the Law (Cambridge University Press United Kingdom 2014).
(2017-03-08)This contribution published by Cambridge University Press provides a short overview of the book by Eva Brems "The Experience of Face Veil Wearers in Europe and the Law" published by Cambridge University Press, United ... -
Experiences and challenges of evidence leaders ("prosecutors") in learner disciplinary hearings in public schools
(2015)After the abolition of corporal punishment at schools, teachers have been faced with an increase in unacceptable learner behaviour and threatening situations in their classrooms. An urgent need arose to address learner ... -
Exploring childhood statelessness in South Africa
(PER/PELJ, 2020)The United Nations High Commissioner for Refugees set a 10-year timeline in 2014 to prevent childhood statelessness and believes this is possible if the following four steps are taken. First, it urges all states to allow ... -
Exploring the cultural dimensions of the right to the highest attainable standard of health
(2015)The right to enjoying the highest attainable standard of health is incorporated in many international and regional human rights instruments. This right contains both freedoms and entitlements, including the freedom to ... -
Exploring universal partnerships and putative marriages as tools for awarding partnership property in contemporary family law
(2016)Following upon the Supreme Court of Appeal's judgment in Butters v Mncora 2012 4 SA 1 (SCA), which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates ... -
Extending recognition of indigenous burial practices in Selomo v Doman 2014 JDR 0780 (LCC)
(2016)Burying deceased family members in familial gravesites close to the homestead of the living has been a well-established practice in Southern Africa for many centuries. In terms of indigenous cultural and religious norms ... -
Facing the challenge of improving the legal writing skills of educationally disadvantaged law students in a South African law school
(PER, 2018)Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of ... -
Facing the Music through Environmental Administrative Penalties : Lessons to be Learned from the Implementation and Impact of Section 24G?
(PER/PELJ, 2022)Section 24G was inserted into the National Environmental Management Act 107 of 1998 to provide a mechanism for authorising activities that commence unlawfully. It contains South Africa's only environmental administrative ... -
"Fair" Mathematics in Assessing Delictual Damages
(2011)In assessing delictual damages the plaintiff is burdened with the duty to prove loss with a preponderance of probability, including uncertain future loss. In quantifying such a claim an actuary is often used to make actuarial ... -
Family conferencing : responsibility at grassroots level – a comparative analysis between the Netherlands and South Africa
(PER/PELJ, 2021)As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to ... -
A few South African cents' worth on bitcoin
(2015)This article is aimed at augmenting current awareness of virtual currencies ("VCs") in the South African legal community. To this end, it introduces the reader to VCs in general and decentralised convertible VCs ("DCVCs") ... -
Financial Services and Arrangements to Facilitate the (Ex)Portability of Social Security Benefits in the Southern African Development Community
(PER/PELJ, 2022)This contribution reviews the financial services and arrangements to facilitate the (ex)portability of social security benefits in the Southern African Development Community (the SADC). It commences by providing a general ... -
Finding NEMA: the National Environmental Management Act, the De Hoop dam, conflict resolution and alternative dispute resolution in environmental disputes
(2006)This article considers the proposed De Hoop Dam on the Olifants River, Water Management Agencies, conflict between government departments and other organs of state, the involvement of NGOs and conflict-breaching ... -
Finding property in new places – property in cyber and outer space
(2015)The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located ... -
First Do No Harm : Legal Principles Regulating the Future of Artificial Intelligence in Health Care in South Africa
(PER/PELJ, 2022)What sets AI systems and AI-powered medical robots apart from all other forms of advanced medical technology is their ability to operate at least to some degree autonomously from the human health care practitioner and to ... -
"For the Sake of the Children": South African Family Relocation Disputes
(2011)Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non–primary caregivers’ right of contact with children or, where both parents have joint care, the denial of the other’s parental ... -
Forceful arrests: an overview of section 49 of the criminal procedure act 51 of 1977 and its recent amendments
(2012)The debate concerning the use of violence by the police force is an endless one. Section 49 of the Criminal Procedure Act 51 of 1977 serves as a framework for the use of violence by police officers during arrests in South ... -
Foreword
(2011)