Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 422-441 of 963
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The inforcement of the payment of lobolo and its impact on children's rights in South Africa
(2013)Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary ... -
Information and Knowledge Management at South African Law Firms
(2011)Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets is increasingly viewed as a key factor in efficient legal service delivery. In ... -
Inheritance rights for posthumously procreated children: a growing challenge for the law
(PER / PELJ, 2018)Significant advances in cryogenic technology render it possible to freeze and store human gametes. Under appropriate laboratory conditions frozen gametes can remain viable for long periods of time. In consequence, it is ... -
Innovation in a hybrid system: the example of Nepal
(2012)The Nepali legal tradition is a legal hybrid in many regards. Nepal was not colonised by a Western state, and the Hindu legal tradition therefore dominated all areas of law until the middle of the 20th century. Since the ... -
"Innovative Orders" under the South African consumer protection Act 68 of 2008
(PER/PELJ, 2019)This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give ... -
Innovative regulation of meat consumption in South Africa : an Environmental Rights perspective
(PER/PELJ, 2021)Meat production is a human activity driven by meat consumption, a human behaviour normalised in today's society. Human activity stems from particular psychological patterns (manifesting as human behaviour). It is argued ... -
The integration and reliance on technology to enhance the independence and accountability of company directors in South Africa
(PER/PELJ, 2021)The most indispensable means of change in contemporary business society is technology because it offers convenience to both businesses and their clients. Almost every business has been influenced by technology. Traditional ... -
Integration of the Bride and the Courts : Is Integration as a Living Customary Law Requirement Still Required?
(PER/PELJ, 2022)After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into ... -
Integration of the bride as a requirement for a valid customary marriage: Mkabe v minister of home affairs [2016] ZAGPPHC 460
(PER, 2018)Since the Recognition of Customary Marriages Act 120 of 1996 was promulgated in 15 November 2000 the courts are faced with the daunting task to determine whether a customary marriage is valid under the Act. The courts find ... -
The Interaction between the Debt Relief Measures in the National Credit Act 24 of 2005 and Aspects of Insolvency Law
(2009)The National Credit Act 34 of 2005 (the 'NCA') aims at promoting responsibility in the credit market by encouraging responsible borrowing, avoidance of over-indebtedness and the fulfilment of financial obligations by ... -
Intermediaries and the international obligation to protect child witnesses in South Africa
(PER, 2018)This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South ... -
International Commercial Law Emerging in Africa
(PER/PELJ, 2022)This article provides an overview of the history of international commercial law in Africa with reference to instruments of the three sister organisations of private international law (in a wide sense): UNCITRAL (the United ... -
The International Humanitarian Law notion of direct participation in hostilities – a review of the ICRC interpretive guide and subsequent debate
(2014)The phrase "direct participation in hostilities" has a very specific meaning in international humanitarian law (IHL). Those individuals who are clothed with combatant status are authorised to participate directly in ... -
Interpretation before and after Natal joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA)
(PER/PELJ, 2019)This article explores the background to the decision in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA), some of its conceptual content and its broader implications for future jurisprudence ... -
The interpretation of the amended RAF act 56 of 1996 and the regulations thereto by the courts with regard to "serious injury" claims
(2012)The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008 and sections 17(1) and 17(1A) introduced the concept of “serious injury”. This entails that a third-party claimant who wishes to claim compensation for ... -
Interpretation of wills - does Endumeni case apply
(PER/PELJ, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
The interpretation to be accorded to the term "benefits" in section 186(2)(a) of the LRA continues : Apollo Tyres South Africa (pty) Limited v CCMA (DA1/11) [2013] ZALAC 3
(2014)The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any ...