Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 565-584 of 926
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The nexus between the rights to life and to a basic education in South Africa
(2015)This article aims at exploring the nexus between the fundamental rights to life and to a basic education within the ambit of the legal framework created by both the Constitution of the Republic of South Africa, 1996 and ... -
No longer in suspense: clarifying the human rights jurisdiction of the SADC tribunal
(2015)The Southern African Development Community Tribunal's (SADC Tribunal) decision in the matter of Mike Campbell (Pvt) Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008) demonstrated its ability to utilise the principles ... -
Nobody can really afford Legal Services : the price of justice in Namibia
(PER/PELJ, 2021)Nobody (except for the privileged few) can afford legal services in Namibia. In the light of this dawning awareness, how should the government and other stakeholders design the legal profession so that the greatest ... -
Non-Standard Workers: The South African Context, International Law and Regulation by The European Union
(2008)The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, ... -
A note on sentencing practices for the offence of the unlawful possession of semi-automatic firearms
(PER/PELJ, 2020)Violent crimes in South Africa are often accompanied by the possession or use of semi-automatic firearms. The Criminal Law Amendment Act 105 of 1997 (the CLA) provides for the imposition of minimum sentences for certain ... -
A note on the ninth amendment to the Constitution of Lesotho
(PER/PELJ, 2021)The Constitution of Lesotho has been amended nine times since its adoption in 1993. The latest amendment, styled the Ninth Amendment to the Constitution, was assented into law in May 2020 amidst great controversy. The ... -
Notes on the proposed amendment of section 21 of the Children's Act38 of 2005
(PER/PELJ, 2019)In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership ... -
The obligation to provide free basic education in South Africa: an international law perspective
(2011)In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free ... -
The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures
(2000)Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will and consent of the governed, which is determined by regular multi-party elections ... -
Once more uBuntu : a reply to Radebe and Phooko
(PER/PELJ, 2020)This article is a critical engagement with the most recent contribution to the debate on the nature and content of ubuntu. The contribution (by Radebe and Phooko) attempts to provide the concept of ubuntu with substantive ... -
Ontwikkeling van die gemenereg in die lig van artikel 39(2) en 173 van die Grondwet
(2004)The point of departure in the Constitution is that the existing legal order should largely be kept intact, despite the fact that this is disliked by some. The common (or non-statutory) law has also retained its position, ... -
Oordrag van eiendomsreg en die vulgêre reg in die Wes-Romeinse ryk
(2000)It is generally accepted that an abstract system is applied in South Africa with regard to the transfer of ownership. It is a characteristic of the abstract system that the different legal acts which form part of the ... -
Oral Law in Litigation in South Africa: An Evidential Nightmare?
(2017-10-26)In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with ... -
Organic food certification in South Africa: a private sector mechanism in need of state regulation?
(2016)Organic production targets the development of a sustainable cultivation system and a variety of high-quality products with an emphasis on environmental protection and high standards of animal protection. In South Africa ... -
The origin of arbitration law in South Africa
(PER/PELJ, 2020)This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of ... -
"Originality" and "reproduction" in copyright law with special reference to photographs
(2013)Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number ... -
Orocowewin Notcimik Itatcihowin : the Atikamekw Nehirowisiw Code of practice and the issues involved in its writing
(PER/PELJ, 2019)The Atikamekw Nehirowisiw Nation has for several years been developing a code of practice (orocowewin notcimik itatcihowin) to regulate hunting, fishing and plant harvesting activities in Nitaskinan, its ancestral territory. ... -
An Overview of fixed-term contracts of employment as a form of A-typical Employment in South Africa
(PER/PELJ, 2019)A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, ...
