Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 343-362 of 963
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"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) -
Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death : Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May
(PER/PELJ, 2022)Section 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage. This case note discusses the ... -
Formal regulation of third party litigation funding agreements? A South African perspective
(PER/PELJ, 2018)In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with regard to non-lawyers. This article is based on research conducted to determine whether regulating ... -
Formulating specialised Legislation to address the Growing Spectre of Cybercrime: A Comparative Study
(2009)The article looks at cyber legislation formulated to address cybercrime in the United States of America, the United Kingdom, Australia, India, the Gulf States and South Africa. The study reveals that the inability of ... -
The Foundational Tenets of Johannes Althusius' Constitutionalism
(2017-11-02)In his Politica: Politics Methodically set Forth and Illustrated with Sacred and Profane Examples published in 1603 Johannes Althusius’ sets out his grand scheme of republican federalism. Soon, however, the final establishment ... -
Frankenberg G comparative constitutional studies – Between magic and deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook)
(PER / PELJ, 2018)This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward Elgar Publishing in 2018 -
Fraus Legis in Constitutional Law : the case of Expropriation "Without" or for "Nil" compensation
(PER/PELJ, 2021)Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To ... -
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
(2017-12-18)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ... -
The functions of selected human rights institutions and related role-players in the protection of human rights in Zimbabwe
(2016)Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the ... -
Fundamental consumer rights under the Consumer Protection Act 68 of 2008: A critical overview and analysis
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President ... -
A Future for the Doctrine of Substantive Legitimate Expectation? The Implications of Kwazulu-Natal Joint Liaison Committee v Mec for Education, Kwazulu Natal
(2015)In this paper I briefly discuss the development of the doctrine of legitimate expectation in South African law, which had left the way open for the Constitutional Court to develop a doctrine of substantive legitimate ... -
A future perspective on Constitutional stability
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
Fuzzy law and the boundaries of secularism
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
Gebeurlikhede en die bewyslas in die deliktuele skadevergoedingsreg
(2007)Contingencies can be described as uncertain circumstances of a positive or negative nature which, independent of the defendant’s conduct and if they should realise, would probably influence a person’s health, income, ... -
Gender inequality and land rights: The situation of indigenous women in Cameroon
(PER/PELJ, 2019)Land is an essential resource that serves as a means of subsistence for millions of people in the world and indigenous communities and women in particular. Most indigenous societies' survival is closely tied to land. In ... -
A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe
(2017)Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation ... -
Genetically Modified Mosquitoes to Fight Malaria in Nigeria, Burkina Faso, Mali and Uganda : What Legal Response?
(PER/PELJ, 2022)Advanced applied research on genetically modified (hereafter GM) insects is being undertaken to control insect vectors of human diseases such as mosquitoes. GM insect technologies are being developed in countries where ... -
Gesinspolitiek en die ouer-kind verhouding
(1998)The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit was to sire children and to provide for them until they reached maturity. To realise this provisional aim, a ...