Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 549-568 of 963
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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 ... -
Mthembu v Letsela: The non-decision
(2001) -
Municipal courts and environmental justice in South African Local Government
(PER/PELJ, 2021)South African law establishes environmental justice (EJ) as among the environmental management principles to direct decision-making. EJ's inclusion as a guiding principle in the National Environmental Management Act 107 ... -
Municipal instruments in law for Cultural Heritage Protection : a case study of the City of Cape Town Metropolitan Municipality
(PER/PELJ, 2021)The premise of this article is that local government can add to the protection effort of cultural heritage resources in South Africa by way of instruments such as by -laws, planning instruments and local policies. Cultural ... -
Municipal law making under SPLUMA: A survey of fifteen "First Generation" municipal planning by-laws
(PER/PELJ, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
Municipal tender awards and internal appeals by unsuccessful bidders
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In recent years, bidders aggrieved by municipal tender awards are increasingly resorting to Section 62 of the Local Government: Municipal Systems Act1 for relief. The application of this provision to tender processes is ... -
Muslim personal law and the meaning of "law" in the South African and Indian constitutions
(1999)The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and ... -
The myth of objectivity: implicit racial bias and the law (Part 1)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ...