Browsing PER: 2014 Volume 17 No 4 by Title
Now showing items 2-15 of 15
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The incorporation of Public International Law into Municipal Law and Regional Law against the background of the dichotomy between monism and dualism
(2014)Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, ... -
Is law science?
(2014)The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an ... -
Legislative prohibitions on wearing a headscarf: are they justified?
(2014)A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, ... -
Localising environmental governance: the Le Sueur case
(2014)In the matter of Le Sueur v Ethekwini Municipality the KwaZulu-Natal High Court decided that municipalities had the power to legislate on environmental issues such as biodiversity and conservation. This note argues that ... -
Managing the trade-public health linkage in defence of trade liberalisation and national sovereignty: an appraisal of United States-measures affecting the production and sale of clove cigarettes
(2014)Under the legal framework of the World Trade Organisation (WTO), countries have great flexibility to unilaterally adopt environmental regulations that have effect within their territories only. However, the same discretion ... -
A panoramic view of the social security and social protection provisioning in Lesotho
(2014)Social security is one of the most important areas of social policy.As part of its social policy, the government of Lesotho has promulgated various pieces of legislation and introduced an assortment of public assistance ... -
Peel v Hamon J&C Engineering (PTY) Ltd: ignoring the result-requirement of Section 163(1)(a) of the companies act and extending the oppression remedy beyond its statutorily intended reach
(2014)This case note provides a concise and understandable version of the confusing facts in Peel v Hamon J&C Engineering (Pty) Ltd, and deals with the remedy provided for in section 163 of the Companies Act (the oppression ... -
The potential of capstone learning experiences in addressing perceived shortcomings in LLB training in South Africa
(2014)Current debates about legal education in South Africa have revealed the perception that the LLB curriculum does not adequately integrate various outcomes, in particular outcomes relating to the development of skills in ... -
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. ... -
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 ... -
Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill
(2014)Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal ... -
Sailing between Scylla and Charybdis: Mayelane v Ngwenyama
(2014)Mayelane v Ngwenyama 2013 4 SA 415 (CC) is arguably the most important judgment concerning the recognition of customary marriages in recent times. This article attempts to unpack some of the many issues that arise from the ... -
Shaken baby syndrome: a South African medico-legal perspective
(2014)Shaken Baby Syndrome refers to the violent and repetitive shaking of an infant, and is a form of abusive head trauma. It was first described in 1974, and has since been the topic of intensive study and discussion. The ... -
Unlawful occupation of inner-city buildings: a constitutional analysis of the rights and obligations involved
(2014)The unlawful occupation of inner-city buildings in South Africa has led to a number of legal disputes between vulnerable occupiers and individual landowners that highlight the conflict between individuals' constitutional ...
