PER: 2014 Volume 17 No 3
Contents
28 August 2014
Articles
- Proselytism and the right to freedom from improper irreligious influence: the example of public school education / De Freitas, SA
- To be or not to be? The role of private enquiries in the South African insolvency law / Joubert, Y & Calitz, J
- A historical overview of the regulation of market abuse in South Africa / Chitimira, H
- The problematic practical application of Section 1(6) and 1(7) of the Intestate Succession Act under a new dispensation / Jamneck, J
- The International Humanitarian Law notion of direct participation in hostilities - a review of the ICRC interpretive guide and subsequent debate / Bosch, S
- The law and practice of criminal asset forfeiture in South African criminal procedure: a constitutional dilemma / Basdeo, V
- The new .Africa top level domain: an African initiative in ensuring Africa's rightful place on the global network / Hurter, E & Pistorius, T
- The role of quality in the adjudication of public tenders / Quinot, G
- Die moontlike regshervorming van die integrasiereël in die Suid-Afrikaanse kontraktereg deur middel van die leerstuk van rektifikasie / Bekker, T
- Exemption clauses and the Consumer Protection Act 68 of 2008: an assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) / Mupangavanhu, Y
Note
Editorial
The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or not section 417 of the Insolvency Act 24 of 1936 is adequately and effectively framed in order to fulfil its intended purpose in South African law. Howard Chitimira gives a historical overview of the regulation of market abuse in South Africa. He concludes his contribution with a discussion by isolating certain flaws in the previous market abuse laws that were re-incorporated into the current South African market abuse legislation and makes recommendations in that regard. Juanita Jamneck discusses the contemporary meaning of the word "spouse" and the recognition of the family as an important social institution in the light of the provisions of the Intestate Succession Act 81 of 1987. Shannon Bosch reviews the scope and nature of "direct participation in hostilities" in international humanitarian law in the light of the Interpretive Guide on the Notion of Direct Participation in Hostilities issued by the International Committee for the Red Cross. The primary objective of the article by Vinesh Basdeo is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. Eddie Hurter and Tana Pistorius examine the new .Africa Top Level Domain - an Africa initiative to ensure that Africa gets its rightful place in the global network. Geo Quinot tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. Thino Bekker discusses the scope and application of the integration rule in the South African law of contract and deals with the question if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. Yeukai Mupangavanhu discusses the case of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) in the light of the exemption clauses in the Consumer Protection Act 68 of 2008 (CPA). The case note, which is also the final contribution, by Martha Radebe evaluates the unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation as they came to the fore in the case of the Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC).
Editor: Professor Christa Rautenbach / Edition Editor: Doctor Wian Erlank
Recent Submissions
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The unconstitutional practices of the Judicial Service Commission under the guise of Judicial Transformation: Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC)
(2014)This contribution aims to point out valuable lessons from the shortcomings of the Judicial Service Commission as highlighted in the case of The Cape Bar Council v The Judicial Service Commission. The case involved the ... -
Exemption clauses and the Consumer Protection Act 68 of 2008: an assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)
(2014)Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom ... -
Die moontlike regshervorming van die integrasiereël in die Suid-Afrikaanse kontraktereg deur middel van die leerstuk van rektifikasie
(2014)As far back as the early twentieth century the Appellate Division in Cassiem v Standard Bank of SA Ltd, held that: “We are bound by the English rules of evidence and the question has therefore to be decided according to ... -
The role of quality in the adjudication of public tenders
(2014)The quality of the goods or services that government procures is obviously a very important consideration in deciding which supplier should be awarded a particular public tender. It follows that in the regulation of public ... -
The new .Africa top level domain: an African initiative in ensuring Africa's rightful place on the global network
(2014)The new gTLD programme of the Internet Corporation for Assigned Names and Numbers (ICANN) is the single most important development since the privatisation of the DNS in 1998. The management of the Domain Name System (DNS) ... -
The law and practice of criminal asset forfeiture in South African criminal procedure: a constitutional dilemma
(2014)The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a ... -
The International Humanitarian Law notion of direct participation in hostilities – a review of the ICRC interpretive guide and subsequent debate
(2014)The phrase "direct participation in hostilities" has a very specific meaning in international humanitarian law (IHL). Those individuals who are clothed with combatant status are authorised to participate directly in ... -
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 ... -
To be or not to be? The role of private enquiries in the South African insolvency law
(2014)This article analyses the role of the so-called private examinations in our South African insolvency law and deals with the question of whether or not section 417 of the Insolvency Act (Act 24 of 1936) is adequately and ... -
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 ... -
A historical overview of the regulation of market abuse in South Africa
(2014)In an early attempt to combat market abuse in the South African financial markets, legislation such as the Companies Act, the Financial Markets Control Act and the Stock Exchanges Control Act were enacted. However, these ...