Browsing PER: 2014 Volume 17 No 5 by Title
Now showing items 1-10 of 10
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Barriers to advocacy and litigation in the equality courts for persons with disabilities
(2014)The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) and the fulfilment of the South African state's obligations in terms of the Convention on the Rights ... -
Defending the absurd: the Iconoclast's guide to section 47(1) of the Superior Courts Act 10 of 2013
(2014)This contribution was intended as a defence of section 25(1) of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the ... -
The different worlds of labour and company law: truth or myth?
(2014)Recently the South African company law landscape underwent a dramatic overhaul with the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance. It is clear that companies ... -
The legal status of the Spanish Imperial Eagle in Spain and thoughts on environmental law and policy as contributing factors in the conservation of species
(2014)This contribution reflects on the contributory role of environmental law and policy in the successful conservation interventions on behalf of the rare Spanish Imperial Eagle (Aquila Adalberti), with the aim of gaining ... -
Limiting organisational rights of minority unions: Popcru v Ledwaba 2013 11 BLLR 1137 (LC)
(2014)The Labour Relations Act 66 of 1995 unequivocally promotes the policy choice of majoritarianism, in furtherance of orderly collective bargaining and the democratisation of the workplace. The majoritarian model aims to ... -
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 ... -
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 ... -
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 ... -
Spatial practices in Lowliebenhof: the case of Maphango v Aengus Lifestyle Properties (Pty) Ltd
(2014)In Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 5 BCLR 449 (CC) the question before the Constitutional Court was when a landlord may legally cancel contracts of lease and evict tenants. In answering this question ... -
Transboundary movements of genetically modified organisms and the Cartagena protocol: key issues and concerns
(2014)Biotechnology or the engineering of the genetic material of species can give way to avenues of possibilities for the benefit of people, fauna and flora but also has the potential of posing untold and undiscovered threats ...
