Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 684-703 of 963
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Public participation in African constitutionalism (Routledge Abingdon and New York 2018)
(PER/PELJ, 2019)This review explores why public participation in constitution-making matters for cultivating responsible governance and for fine-tuning justice, focused on immensely rich African evidence within a broader comparative ... -
Public participation, good environmental governance and fulfilment of environmental rights
(North-West University (Potchefstroom Campus), Faculty of Law, 2008)This article succinctly, albeit critically, assesses with reference to some international developments the role that public participation is expected to play in state governments’ fulfilment of citizens’ environmental ... -
Public procurement as a tool to drive innovation in South Africa
(2016)This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ... -
The Public Protector as a Mechanism of Political Accountability: The Extent of its Contribution to the Realisation of the Right to Access Adequate Housing in South Africa
(2017)This paper is premised on the concept of political accountability which aims to hold accountable government for its action and or omission. Political accountability encompasses a number of mechanisms such as the judiciary ... -
"Public purpose or public interest" and third party transfers
(2014)In this article the difference between public purpose and public interest in section 25(2) of the 1996 Constitution is considered. It is generally accepted that public purpose is a narrower category than public interest ... -
Public servants' right to strike in Lesotho, Botswana and South Africa – a comparative study
(2014)Restrictions on the rights of public officers to strike are permitted by the Constitutions of Lesotho, Botswana and South Africa, where such limitations are reasonable, necessary and justifiable in a democratic society. ... -
Public-private partnerships in local disaster management: a panacea to all local disaster management ILLS?
(2015)It is anticipated that the occurrence and intensity of disasters will increase globally and in South Africa where typical disasters include droughts, floods, extreme hailstorms, gales, fires and earthquakes, as well as ... -
Publisiteitsbevele as vonnisopsie vir regspersone - publicity orders as sentencing option for juristic persons
(2016)This contribution addresses the issue of adverse publicity orders as a possible supplementary sentencing option for corporate offenders. In South Africa fines are the primary sentencing option available to courts when ... -
Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform
(2017-12-19)Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the ... -
The pursuit of sustainable development through cultural law and governance frameworks: a South African perspective
(2015)The idea of including a cultural dimension in development policies has become the focus of international scholarly and policy debates. Analysing and conceptualising the role of culture in the sustainable development context ... -
The quest for a supranational entity in West Africa: can the economic community of West African states attain the status?
(2013)To reflect the growing trends in the international scene and in furtherance of the objective of its Revised 1993 Treaty, the Economic Community of West African States (ECOWAS) summit in December 2006 revolutionised the ... -
The question is "should insurers continuously update policyholder records"? insurance law requires the principles of administrative law to settle disputes between the policyholder and the insurer
(PER/PELJ, 2019)It is possible to argue that the Financial Advisory Intermediary Services Ombud (hereafter FAIS Ombud) has jurisdiction to consider insurer's decisions not to update their internal administrative systems. The FAIS Ombud ... -
Questioning the use of the Mandament Van Spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC)
(2015)This cursory note reflects on the outcome of the Constitutional Court judgment of Ngqukumba v Minister of Safety and Security. The decision presented the Court with the opportunity to consider what happens to existing ... -
Quo Vadis Patent Litigation : Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - in search of the bigger picture on Patent Validity
(PER/PELJ, 2021)In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the ... -
Raamwerkwetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(2012)Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain ... -
Race as/and the trace of the ghost: jurisprudential escapism, horizontal anxiety and the right to be racist in BoE trust limited
(2013)This contribution draws on critical race theory and critical legal theory in order to read and critique the Supreme Court of Appeal judgment of Erasmus AJA in BoE Trust Limited 2013 3 SA 236 (SCA). It will specifically ... -
RAF v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) A simple illustration of the SCA's statutory misinterpretation of section 17(4)(c) of the road accident fund act 56 of 1998
(2015)In Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) (hereafter Sweatman) the Supreme Court of Appeal was faced with the interpretation of section 17(4)(c) of the Road Accident Fund Act 56 of 1998 ... -
The ratification of inadequate surrogate motherhood agreements and the best interest of the child
(PER/PELJ, 2019)South Africa has developed domestic legislation governing all surrogacy matters within the country. These provisions are contained in Chapter 19 of the Children's Act 38 of 2005. In Ex parte MS; In re: Confirmation of ... -
Re-Categorising public procurement in South Africa: Construction works as a special case
(PER/PELJ, 2019)Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. Construction works are considered to constitute services and as such are not specifically referred ... -
Re-examining the Constitutional Court's Approach to the Property Question Since First National Bank of SA Ltd T/A Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd T/A Wesbank v Minister of Finance 2002 4 SA 768 (CC)
(PER/PELJ, 2022)The First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC) (FNB) decision led to the development of ...