Browsing PER: 2015 Volume 18 No 5 by Issue Date
Now showing items 1-20 of 26
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The pursuit of sustainable development through cultural law and governance frameworks: a South African perspective
(2015)The idea of including a cultural dimension in development policies has become the focus of international scholarly and policy debates. Analysing and conceptualising the role of culture in the sustainable development context ... -
The effect of the original acquisition of ownership of immovable property on existing limited real rights
(2015)It is an accepted principle in South African law that movable property acquired in an original way (by operation of law) is not burdened by any limited real rights, as previous limited real rights are extinguished on the ... -
The South African constitutional court's use of foreign precedent in matters of religion: without fear or favour?
(2015)Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the ... -
Die adversatiewe stelsel van bewyslewering en die beste belang van die kind in egskeidingsaangeleenthede: enkele gedagtes oor “collaborative law” ter beslegting van ouerlike geskille
(2015)In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means ... -
Enkele opmerkings oor bankrot munisipaliteite
(2015)The insolvency of municipalities is no longer a rare incident; it is a reality. It is interesting to note that even in the United States of America the insolvency of municipalities is currently an equally serious concern. ... -
Evaluering van regstellende aksie in konteks van moontlike onbillike diskriminasie teen subgroepe binne die aangewese groep
(2015)The implementation of affirmative action measures can give rise to unfair discrimination. In cases where members of the “designated groups” compete with one another for the same position, there can be allegations of unfair ... -
Theoretical (dis-) position and strategic leitmotivs in constitutional interpretation in South Africa
(2015)This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an ... -
Valuation in the constitutional era
(2015)The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central ... -
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 ... -
In search of alternatives or enhancements to collective bargaining in South Africa: are workplace forums a viable option?
(2015)Collective bargaining (coupled with the right to strike) has become a primary means to force employers through negotiation to achieve the improvement of standards and conditions of employment. The South African labour ... -
Die geldigheidsvereistes van 'n trust opnuut ondersoek : Khabola v Ralithabo [2011] ZAFSHC 62
(2015)The trust is universally recognised and used. It is generally accepted that trust deeds meet the basic requirements. However, it is not always that simple and the courts are repeatedly forced to take deeds of trust under ... -
Procurement under the uncitral model law: a Southern Africa perspective
(2015)In Africa, economic integration, realised through regional integration, is seen as one of the driving factors that will improve the lives of its people. To enable regionalisation, economic growth and to unlock the potential ... -
The right of the child to care and constitutional damages for the loss of parental care: some thoughts on M v Minister of Police and Minister of Police v Mboweni
(2015)In the a quo judgment in M v Minister of Police a radical new approach was followed in respect of claims for loss of parental care. The issue before court was whether a child whose parent has died as a result of the wrongful ... -
Cloete Murray and another v Firstrand Bank Ltd t/a Wesbank [2015] ZASCA 39
(2015)The approach to the interpretation of statutes once again received attention in the recent case Cloete Murray and another v FirstRand Bank Ltd which was decided in the Supreme Court of Appeal. The court , in this matter, ... -
Finding property in new places – property in cyber and outer space
(2015)The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located ... -
The law faculty of the NWU Potchefstroom campus celebrates its half centenary
(2015)The Law Faculty of the North-West University, Potchefstroom Campus, is celebrating its half centenary in 2015, having been founded in 1965. Law subjects were first introduced in 1932 after the Senate had decided on 11 ... -
A few South African cents' worth on bitcoin
(2015)This article is aimed at augmenting current awareness of virtual currencies ("VCs") in the South African legal community. To this end, it introduces the reader to VCs in general and decentralised convertible VCs ("DCVCs") ... -
"Corrective rape" of lesbians in the era of transformative constitutionalism in South Africa
(2015)There have been numerous incidents of “corrective” rape of lesbians in recent years. This article examines the adequacy of the existing South African legal framework to deal with incidents of “corrective” rape against the ... -
The "brown" environmental agenda and the constitutional duties of local government in South Africa: a conceptual introduction
(2015)This note explores the interrelationship between ecologically sustainable development (the green environmental agenda) and pro-poor urban development and environmental health (the brown environmental agenda) in relation ... -
Riglyne vir die hersiening van omgewingsverwante wetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(2015)The development of legislation for the progressive realisation of the right to access to sufficient food is labelled as an international and national objective. Section 27(2) of the Constitution of the Republic of South ...
