Browsing PER: 2016 Volume 19 by Title
Now showing items 36-55 of 55
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Re-positioning the law of theft in view of recent developments in ICTS – the case of South Africa
(2016)This article examines the impact of information and communication technologies (ICTs) on the development of the principles of theft. The Roman and South African law of theft forms the basis of such a study. This investigation ... -
Realising the child's best interests: lessons from the Child Justice Act to Improve the South African Schools Act
(2016)Although the contexts of school discipline and child justice differ considerably there are a number of contact points and points that overlap. Since the South African Schools Act 84 of 1996 came into operation in 1996, the ... -
Recent developments in sexual offences against children – a constitutional perspective
(2016)This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. This Act is addressed ... -
Reforming the South African social security adjudication system: innovative experiences from South African non-social security jurisdictions
(2016)There is currently no uniform social security dispute resolution system in South Africa due to the piecemeal fashion in which schemes were established or protection against individual risks regulated. The result is that ... -
Regional integration and pacta sunt servanda: reflections on South African trans-border higher education policies
(2016)The underpinning essence of being part of a regional organisation such as the Southern African Development Community (SADC) is to achieve development through integration. Regional integration thus becomes the bedrock from ... -
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 ... -
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 ... -
The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
(2016)Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred ... -
Rohe, M. 2015. Islamic Law in Past and Present Rohe M Islamic Law in Past and Present. [Book review]
(2016)This contribution provides a review of the book entitled "Islamic Law in Past and Present" authored by Matthias Rohe, and published by Brill in 2015. -
The Rules of an Occupational Retirement Fund and the problem of defaulting employers: a reconsideration of Orion Money Purchase Pension Fund (SA) v Pension Funds Adjudicator
(2016)This paper reflects on the ongoing challenges presented by certain employers who, whilst deducting occupational retirement fund contributions from their employees' salaries, fail to pay over those contributions to the ... -
Section 27 of the insolvency act 24 of 1936 as a violation of the equality clause of the constitution of South Africa: a critical analysis
(2016)This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the ... -
Setting aside transactions from pyramid schemes as impeachable dispositions under South African insolvency legislation
(2016)South African courts have experienced a rise in the number of cases involving schemes that promise a return on investment with interest rates which are considerably above the maximum amount allowed by law, or schemes which ... -
Some aspects of South African cross-border insolvency relief: the Lehane Matter A
(2016)The Lehane matter wound its way through the Cape Provincial Division of the High Court and reached the Supreme Court of Appeal. Mr Dunne, the Irish debtor who had taken up residence in the United States of America, ran ... -
A spring without water: the conundrum of anti-dumping duties in South African law
(2016)The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (1994) (Anti-Dumping Agreement) permits the imposition of anti-dumping duties for as long and to the extent necessary to ... -
Step-parent adoption gone wrong: GT v CT [2015] 3 ALL SA 631 (GJ)
(2016)Step-parent adoption happens where a child is adopted by the spouse or civil union partner of a biological parent. This is a drastic invasion into the life of a child because (except if provided for otherwise) an adoption ... -
Strengthening locus standi in human rights litigation in Zimbabwe: an analysis of the provisions in the new Zimbabwean constitution
(2016)Zimbabweans have been both victims of and witnesses to serious human rights violations over the years. Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, ... -
Taking a second bite at the appeal cherry: Molaudzi v S
(2016)The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, ... -
A targeted outsider's right to challenge local winding-up oroceedings PricewaterhouseCoopers v Saad Investments Co Ltd 2014 UKPC 35 (10 November 2014), 2014 1 WLR 4482 (PC)
(2016)The problem in PricewaterhouseCoopers v Saad Investments Co Ltd 2014 UKPC 35 (10 November 2014), 2014 1 WLR 4482 (PC) was that the Cayman liquidators, frustrated by the unhelpfulness of the company's previous auditors in ... -
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ... -
Understanding the limitations to the right to strike in essential and public services in the SADC region
(2016)The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia ...