Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 647-666 of 963
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The price of sadness : comparison between the Netherlands and South Africa
(PER/PELJ, 2019)Bereavement can be a precipitating and perpetuating factor for various psychiatric injuries. However, the normal experience of bereavement also causes significant disruption and stress in an individual's psychosocial ... -
Prioritising Command-and-Control Over Collaborative Governance : The Role of the Information Regulator Under the Protection of Personal Information Act
(PER/PELJ, 2022)Although the Protection of Personal Information Act 4 of 2013 (POPIA) wholeheartedly adopts the command-and-control features of the EU General Data Protection Regulation (GDPR), POPIA does not include many of the ... -
Prisoner transfer to South Africa: some of the likely challenges ahead
(2013)Official and unofficial reports indicate that the South African government is in the process of entering into prisoner transfer agreements or making prisoner transfer arrangements. This comes after many years of reluctance ... -
The problematic practical application of Section 1(6) and 1(7) of the Intestate Succession Act under a new dispensation
(2014)In recent years many developments have taken place in the field of the law of succession. Du Toit aptly states that "despite the static image that the law of succession often projects, it is a vibrant area of the law that ... -
The problems of proving actual or apparent bias: an analysis of contemporary developments in South Africa
(2011)This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator ... -
Procurement adjudication and the rights of children: Freedom Stationary (PTY) LTD v MEC for Education, Eastern Cape 2011 JOL 26927 (E)
(2012)Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty) Ltd v ... -
Procurement under the uncitral model law: a Southern Africa perspective
(2015)In Africa, economic integration, realised through regional integration, is seen as one of the driving factors that will improve the lives of its people. To enable regionalisation, economic growth and to unlock the potential ... -
Progressive realisation of Muslim family law : the case of Tunisia
(PER/PELJ, 2019)From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven ... -
Promoting Access to Justice through the Broadcasting of Legal Proceedings
(PER/PELJ, 2022)This article considers a lack of legal literacy as a barrier to access to justice. The article then considers the potential effectiveness of introducing media-based teaching tools to South African society in an attempt ... -
Promoting constitutional democracy : regulating political parties in the Central African Republic and Senegal
(PER/PELJ, 2020)Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In this respect, the regulation of political parties is a global phenomenon, which ... -
Promoting public participation in the energy transition: The case of France's national debate
(PER/PELJ, 2019)In an energy transitions era, the citizens tend to be increasingly considered as actors of the energy system. This situation reinforces in turn the importance of public participation processes into energy policy or legislation ... -
Property and "Human Flourishing": A Reassessment in the Housing Framework
(PER/PELJ, 2019)In South Africa, land/housing is a finite non-shareable type of property that must yield to stringent constitutional control to meet land reform and housing objectives, which is high on our constitutional ... -
Property rights and traditional knowledge
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)For the past several decades, there has been a push to provide some sort of right akin to an intellectual property right in traditional knowledge and traditional cultural expression. This push has encountered staunch ... -
Property rights in space: moving the goal posts so the players don't notice
(2016)Elsewhere in "Rethinking Terra Nullius and Property in Space", I have argued that due to the changing circumstances of access to space by private entities rather than governments, the current legal situation with regard ... -
Property rights of Nigerian women at divorce : a case for a redistribution order
(PER/PELJ, 2020)In Nigeria, marriage is hardly conceived as a partnership of equals in relation to the property rights of spouses during marriage and at divorce. This is because the Nigerian courts do not redistribute property at divorce. ... -
Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis : a Disquisition on the Legal Framework
(PER/PELJ, 2022)The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's ʺdemocraciesʺ which, in itself, is eloquent evidence of the need for systemic arrangements to protect human ... -
Prosecuting the Offence of Misappropriation of Public Funds: An Insight into Cameroon's Special Criminal Court
(2017)The fight against the misappropriation of public funds for private gain perpetrated by individuals, especially public servants, enjoys different degrees of commitment by different countries. The enactment of laws and ... -
The prosecution of incitement to genocide in South Africa
(2013)The inchoate crime of direct and public incitement to commit genocide was first recognised under the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The creation of the crime was a direct result ... -
Proselytising the regulation of religious bodies in South Africa: Suppressing religious freedom?
(PER/PELJ, 2019)In democratic pluralistic and secular societies, freedom of religion is a fundamental right to be enjoyed by all individuals and religious organisations. A unique feature of this human right is the extent to which it is ... -
Proselytism and the right to freedom from improper irreligious influence: the example of public school education
(2014)Jurisprudentially speaking, "proselytism" is a concept within the larger genus of the protection of religious rights and freedoms. The word lends itself to differing opinions. However, there is a popular school of thought ...