Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 652-671 of 963
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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 ... -
Protecting critical databases - towards a risk based assessment of critical information infrastructures (CIIS) in South Africa
(2013)South Africa has made great strides towards protecting critical information infrastructures (CIIs). For example, South Africa recognises the significance of safeguarding places or areas that are essential to the national ... -
Protecting ecosystems by way of biological control: cursory reflections on the main regulatory instruments for biological control agents, present and future
(2013)Although there are numerous threats to ecosystems and the resultant ecosystem services, alien and invasive plants (AIP) have been identified as being one of the major causes of ecosystem destruction. In addressing the ... -
Protecting expressions of folklore within the right to culture in Africa
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and ... -
Protecting personal information in the era of identity theft: just how safe is our personal information from identity thieves?
(2015)Identity theft has become one of the fastest growing white collar crimes in the world. It occurs when an individual's personal information such as inter alia his or her name, date of birth or credit card details is used ... -
Protecting the foundation and magnificent edifice of the legal profession: reflections on Thukwane v Law Society of the Northern Provinces 2014 5 SA 513 (GP) and Mtshabe v Law Society of the Cape of Good Hope 2014 5 SA 376 (ECM)
(2015)The High Court decisions in Thukwane v Law Society of the Northern Provinces 2014 5 SA 513 (GP) and Mtshabe v Law Society of the Cape of Good Hope 2014 5 SA 376 (ECM) dealing with the question whether a parolee could be ...