Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 542-561 of 963
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Martin, P., Bigdeli, S.Z. & Daya-Winterbottom, T. 2015. The Search for Environmental Justice. [Book review]
(2017)This contribution provides a short overview of the book by Martin P, Bigdeli SZ, Daya-Winterbottom T, Du Plessis W and Kennedy K (eds) The Search for Environmental Justice (Edward Elgar UK 2015) ISBN 978-1-78471-941-8. -
Matrimonial Property Regimes and Damages: The Far Reaches of the South African Constitution
(2007)Section 18(b) of the Matrimonial Property Act 88 of 1984 allows for non-patrimonial damages to be claimed by a spouse married in community of property against his/her spouse. In Van der Merwe v Road Accident Fund 2006 4 ... -
The mechanics of intervention and the Green Paper on Land Reform
(2014)The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse ... -
Mediese Sertifikate ingevolge die Traditional Health Practitioners Act: Die Kwessie van Geldigheid en Betroubaarheid
(PER/PELJ, 2019)On 1 May 2014, various provisions of the Traditional Health Practitioners Act22 of 2007, came into effect. This resulted in the establishment of the Interim Council for Traditional Health Practitioners ... -
Menswaardigheid na tien jaar van regstaatlikheid in Suid-Afrika
(2004)Human dignity has been the marrow of our Constitution and our constitutional state since 1994. The inherent dignity of man is also a key principle of the Universal Declaration of Human Rights of 1948. The Kantian categorical ... -
Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights
(PER/PELJ, 2018)This article undertakes a critical analysis of subjectivity and exposes the metaphysical and anthropocentric quasi-transcendental conditions that give rise to the construct(ion) of the Subject. I locate a critical moment ... -
The methodology used to interpret customary land tenure
(2012)Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, ... -
The mélange of innovation and tradition in Maltese law: the essence of the Maltese mix?
(2012)Aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the byproduct of the "mixing" of innovation and tradition, ... -
The million rand question: Does a civil marriage automatically dissolve the parties' customary marriage?
(PER/PELJ, 2019)In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, her customary marriage to former President Nelson Mandela continued to exist until his death, ... -
Misplacing nema? A consideration of some problematic aspects of South Africa's new EIA regulations
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In mid-2006, new Regulations governing environmental impact assessment were published in terms of the National Environmental Management Act 107 of 1998. It is argued in this article that the old Regulations under the ... -
Modderklip revisited: Can courts compel the state to expropriate property where the eviction of unlawful occupiers is not Just and equitable?
(PER / PELJ, 2018)This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to ... -
The modern-day impact of cultural and religious diversity : "managing family justice in diverse societies"
(2014)This contribution deals with the modern-day impact of cultural and religious diversity and comments on some of the viewpoints to be found in Managing Family Justice in Diverse Societies.1 The topics dealt with in this ... -
Monitoring, interception and Big Boss in the workplace: is the devil in the details?
(2009)This article discusses the opposing dynamics in the modern workplace environment, specifically employees’ expectations of e-privacy and employers’ interception and monitoring of electronic communications. In terms of the ... -
Monkey selfie and authorship in aopyright law: The Nigerian and South African perspectives
(PER/PELJ, 2018)A photograph taken by a monkey is in the centre of a copyright claim in the famous monkey selfie case in the United States of America. Suing as next friend of the monkey, named Naruto, the People for the Ethical Treatment ... -
Moosa IA publish or perish. Perceived benefits versus unintended consequences (2018 Edward Elgar Publishing UK)
(PER / PELJ, 2018)This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by Edward Elgar Publishing in 2018 -
Moseneke, D. 2020. All Rise: A Judicial Memoir [Book review]
(PER/PELJ, 2021)The contribution is the review of the book published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book ...