Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 509-528 of 963
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The legal status of evidence obtained through human rights violations in Uganda
(2016)The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only ... -
The legal status of the Spanish Imperial Eagle in Spain and thoughts on environmental law and policy as contributing factors in the conservation of species
(2014)This contribution reflects on the contributory role of environmental law and policy in the successful conservation interventions on behalf of the rare Spanish Imperial Eagle (Aquila Adalberti), with the aim of gaining ... -
Legislation as a critical tool in addressing social change in South Africa: lessons from Mayelane v Ngwenyama
(2015)Several changes have occurred in South Africa within the customary law system to ensure gender justice, including the enactment of the Recognition of Customary Marriages Act 120 of 1998. The purpose of the Recognition Act ... -
Legislative and other measures taken by government to realise the right of children to shelter
(2004)The Constitution of the Republic of South Africa , 1996 entrenches numerous socio-economic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate ... -
The legislative authority of the local sphere of government to conserve and protect the environment : a critical analysis of Le Sueur v eThekwini Municipality [2013] ZAKZPHC 6 (30 January 2013)
(2014)Legislative authority in South Africa is divided among the national, provincial and local spheres of government. Section 43 of the Constitution provides in this respect that the legislative authority of the national sphere ... -
Legislative Exclusions or Exemptions of Property from the Insolvent Estate
(2011)The general policy in South African insolvency law is that assets must be recovered and included in the insolvent estate, and that this action must be to the advantage of the creditors of the insolvent estate. But there ... -
Legislative prohibitions on wearing a headscarf: are they justified?
(2014)A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, ... -
Lessons for the SADC from the Indian case of Novartis AG v Union of India
(2015)In the pharmaceutical context, many Southern African Development Community (SADC) members grant patents on drugs without substantially reviewing applications first, thus routinely granting patents for new versions of old ... -
Lessons from UNCITRAL for Reforming the South African Legal Framework Concerning Security Rights in Movable Property
(PER/PELJ, 2022)This article analyses the South African legal framework governing security rights in movable property with a view to inspire law reform. The analysis is based on a comparison of the current South African framework with the ... -
Leveraging Traditional Knowledge on the Medicinal Uses of Plants within the Patent System: The Digitisation and Disclosure of Knowledge in South Africa
(2015)Traditional knowledge (TK) plays an important role in the global economy and is valuable not only to those who traditionally depend on it in their daily lives, but also to modern industry, especially the global biotechnology, ... -
Lewyn M Government intervention and suburban sprawl: The case for market urbanism (Palgrave MacMillan 2017)
(PER/PELJ, 2019)The writer is of the opinion that government intervention is the probable cause of suburban sprawl in American cities. Two types of sprawl are discussed, namely, sprawl which results due to the creation of suburbs and ... -
Liability for the payment of public school fees
(2011)The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL ... -
Liability to Pay Retirement Benefits when Contributions were not paid to the Retirement Fund
(2017-12-18)This article addresses the conduct of employers who are associated with retirement funds, who have failed to pay their employees' contributions into such retirement funds. In particular, the article responds to the critique ... -
A Liberal Actor in a Realist World the European Union Regulatory State and the Global Political Economy of Energy (Oxford University Press Oxford 2015)
(2017-03-08)This contribution reviews the book entitled "A Liberal Actor in a Realist World The European Union Regulatory State and the Global Political Economy of Energy" authored by Andreas Goldthau and Nick Sitter. It was published ... -
The life and times of textualism in South Africa
(PER/PELJ, 2019)This paper analyses the dominant approaches to statutory interpretation through a historical lens. It argues that for most of South Africa's history the methods of interpretation were twisted in order to give effect to the ... -
Limitation of socio-economic rights in the 2010 Kenyan constitution: a proposal for the adoption of a proportionality approach in the judicial adjudication of socio-economic rights disputes
(2013)On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 ... -
Limiting organisational rights of minority unions: Popcru v Ledwaba 2013 11 BLLR 1137 (LC)
(2014)The Labour Relations Act 66 of 1995 unequivocally promotes the policy choice of majoritarianism, in furtherance of orderly collective bargaining and the democratisation of the workplace. The majoritarian model aims to ... -
Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution
(PER/PELJ, 2021)The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, ... -
Localising environmental governance: the Le Sueur case
(2014)In the matter of Le Sueur v Ethekwini Municipality the KwaZulu-Natal High Court decided that municipalities had the power to legislate on environmental issues such as biodiversity and conservation. This note argues that ...