Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 707-726 of 963
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Realisation of a child's right to a basic education in the South African school system: some lessons from Germany
(2015)Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human ... -
Realising equality in access to HIV treatment for vulnerable and marginalised groups in Africa
(2012)This article examines the relevance of the concept of equality in improving access to HIV treatment for vulnerable and marginalised groups in Africa. The article argues that though modest achievements have been made in ... -
Realising the child's best interests: lessons from the Child Justice Act to Improve the South African Schools Act
(2016)Although the contexts of school discipline and child justice differ considerably there are a number of contact points and points that overlap. Since the South African Schools Act 84 of 1996 came into operation in 1996, the ... -
Reasonable and probable cause in the law of malicious prosecution: a review of South African and commonwealth decisions
(2013)The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor ... -
The reasonable accommodation of employees with cancer and their right to privacy in the workplace
(PER/PELJ, 2018)The duty of employers to reasonably accommodate employees living with disabilities is fundamental and is invoked on a daily basis in response to various health conditions which employees experience, such as cancer. While ... -
Reasons for prosecutorial decisions
(2015)In terms of the prosecuting policy of the National Prosecuting Authority reasons for the exercise of prosecutorial discretions should be furnished on request of persons with a legitimate interest in the decisions. In general ... -
Reassessing judicial independence and impartiality against the backdrop of judicial appointments in South Africa
(2014)The South African Judicial Service Commission (JSC), considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately ... -
Recalibrating everyday space : using Section 24 of the South African Constitution to resolve contestation in the urban and spatial environment
(PER/PELJ, 2021)Positioned as existing predominantly within a green agenda, the right to an environment (section 24 of the Constitution of the Republic of South Africa, 1996) presents numerous opportunities for rights-based interpretation ... -
Recent developments in sexual offences against children – a constitutional perspective
(2016)This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. This Act is addressed ... -
Recent developments in the provision of pro bono legal services by attorneys in South Africa
(2013)This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps ... -
Recent developments regarding South African common and customary law of succession
(2006)This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant ... -
Reconceptualising the standard of care in Sport: the case of youth rugby in England and South Africa
(2015)Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby ... -
Reconciling the "Bittersweet Chemistry" between technology and corporate takeovers through reinforcing national security interests in merger control
(PER/PELJ, 2021)This article argues that company takeover regulation regimes must carefully balance two opposing notions. On the one hand, the regime must be designed to enable or facilitate the initiation and successful implementation ... -
Rectification and party misdescription: to what extent is rectification competent or useful?
(2014)The decision in Osborne v West Dunes Properties 176 2013 6 SA 105 (WCC) raises some interesting issues regarding the competence or usefulness of rectifying an incorrect party description in a contract required by law to ... -
Reflecting on the role and impact of the Constitutional Value of uBuntu on the concept of Contractual Freedom and Autonomy in South Africa
(PER/PELJ, 2021)Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter ... -
Reflections on how to address the violations of human rights by extractive industries in Africa : a comparative analysis of Nigeria and South Africa
(2014)Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating ... -
Reflections on judicial views of Ubuntu
(2013)Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has ... -
Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation
(2009)Using as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional fundamental rules on costs in the light of the needs of constitutional and a fortiori public ... -
Reformation from criminal to lawyer: is such redemption possible?
(2014)If a person with a criminal record were to apply for admission to the legal profession, the applicant would naturally harbour the hope that his or her application would succeed. However, in the absence of a reformation of ... -
Reforming the multilateral decision-making mechanism of the WTO: what is the role of emerging economies?
(2013)The paper focuses on the future of global economic governance in the light of the current state of multilateral trade negotiations. The aim is to analyse identified key historical issues at the heart of the decision-making ...