Browsing PER: Potchefstroom Electronic Law Journal by Title
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The regulation of acid mine drainage in South Africa: law and governance perspectives
(2014)Acid mine drainage (AMD) is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining ... -
Regulation of hydraulic fracturing in South Africa: a project life-cycle approach?
(2015)This note deals with the 2015 regulations pertaining to hydraulic fracturing in South Africa from a project life-cycle approach. A brief history of the fragmentation of the regulation of environmental and mining related ... -
The regulation of market manipulation in Australia: a historical comparative perspective
(2015)Notably, in Australia, market abuse practices like market manipulation and other market misconduct practices are expressly prohibited under the Corporations Act as amended by the Financial Services Reform Act. In the light ... -
The regulation of the possession of weapons at gatherings
(2013)The Dangerous Weapons Act 15 of 2013 provides for certain prohibitions and restrictions in respect of the possession of a dangerous weapon and it repeals the Dangerous Weapons Act 71 of 1968 as well as the different Dangerous ... -
The regulations relating to foodstuffs for infants and young children (R 991) : a formula for the promotion of breastfeeding or censorship of commercial speech?
(2014)The regulation of commercial speech in the interests of public health is an issue which recently has become the topic of numerous debates. Two examples of such governmental regulation are the subjects of discussion in this ... -
The reinstatement and compensation conundrum in South African labour law
(2016)The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications ... -
The Relationship between Restraints of Trade and Garden Leave
(2017)The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint of trade clause in employment contracts, in view of the decision in Vodacom (Pty) Ltd v ... -
The relevance of a contextualisation of the state-individual relationship for child victims of armed conflict
(2012)The relationship between the individual and the State is discussed in this contribution. The argument is put forward that both the State and the individual are legal subjects endowed with legal subjectivity. In their ... -
Relevance, Admissibility and Probative Value in a Rational System of Evidence : A South African Perspective
(PER/PELJ, 2022)In the South African legal system of fact finding and proof the relevance of an evidentiary fact is not governed by the rules of the law of evidence but by a set of extra-legal principles based on the logic of inferential ... -
The reliance on lifestyle audits for public officials to curb corruption and tax evasion in Nigeria
(PER/PELJ, 2021)Widespread corruption in the Nigerian public service is having a far-reaching detrimental effect on the economy. Public officers and other policy makers that formulate socio-economic policies are the main perpetrators ... -
Religious and cultural dress as school: a comparative perspective
(2011)This article investigates and compares the different approaches towards the dress code of learners1 in South Africa and the United States of America (US), as the US mainly base litigation concerning school dress code on ... -
Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law
(2009)This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly) eccentric claims of (assumedly) idiosyncratic 'religious Others'. Developments in this ... -
The Remedial Action of the "State of Capture" Report in Perspective
(2017)In the State of Capture report the public protector instructed the president to appoint a commission of inquiry to investigate the capture of state institutions by the Gupta family. The president and his family are personally ... -
Remedial principles and meaningful engagement in education rights disputes
(2016)This article evaluates the meaningful engagement doctrine in the education rights jurisprudence of the Constitutional Court in the light of a set of normative principles developed by Susan Sturm for evaluating participatory ... -
Rent control: a comparative analysis
(2012)Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently facing eviction orders – and consequential homelessness – on the basis that their leases have expired. In terms of the ... -
A Reply to Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests
(PER/PELJ, 2022)Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests (Pregnancy Law) aims at providing a less adversarial angle related to the pregnant woman and the unborn within her by moving ... -
The Requirement of Being a "Fit and Proper" Person for the Legal Profession
(2011)An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be "fit and proper". This ... -
The Requirements for the Inclusion of Standard Terms in International Sales Contracts
(2011)The problem dealing with the inclusion of standard terms and conditions in contracts is a problem that has engaged most legal systems. The United Nations Convention on Contracts for the International Sale of Goods, ... -
The resonance of colonial era customary codes in contemporary Uganda
(PER/PELJ, 2019)Colonial era codifications of customary law – especially those codified in indigenous first languages – have a resilient capacity to form and inform living customary law. In the context of Mukono District, Uganda, modern ...