PER: 2016 Volume 19: Recent submissions
Now showing items 1-20 of 55
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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. -
"Brexit": a constitutional, diplomatic and democratic crisis. A view from the trenches
(2016)A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave. -
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 ... -
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 ... -
Extending recognition of indigenous burial practices in Selomo v Doman 2014 JDR 0780 (LCC)
(2016)Burying deceased family members in familial gravesites close to the homestead of the living has been a well-established practice in Southern Africa for many centuries. In terms of indigenous cultural and religious norms ... -
Authority by representation – a new form of authority?
(2016)The majority decision in Makate v Vodacom (Pty) Ltd [2016] ZACC 13 recognises a new form of actual authority – authority by representation. However, the decision is based on a misinterpretation of English law and is ... -
Delinquent directors under the companies act 71 of 2008: Gihwala v Grancy Property Limited 2016 ZASCA 35
(2016)The Companies Act 71 of 2008 has introduced into our company law an innovative provision which permits a wide range of persons to apply to court to declare a director delinquent. This provision is contained in section 162 ... -
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, ... -
Derivative misconduct and forms thereof: Western Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC)
(2016)Western Platinum Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC) ("Hlebela") required the Labour Appeal Court to grapple with difficult questions presented by a generic dilemma which confronts an employer who is faced with ... -
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 ... -
The deadlock principle as a ground for the Just and equitable winding up of a solvent company: Thunder Cats Investments 92 (Pty) Ltd v Nkonjane Economic Prospecting Investment (Pty) Ltd 2014 5 SA 1 (SCA)
(2016)The question addressed by the Supreme Court of Appeal in Thunder Cats Investment 92 (Pty) Ltd v Nkonjane Economic Prospecting & Investments (Pty) Ltd 2014 5 SA 1 (SCA) (hereafter the "Thunder Cats") provides much-needed ... -
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 ... -
The functions of selected human rights institutions and related role-players in the protection of human rights in Zimbabwe
(2016)Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the ... -
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 ... -
Automatically unfair and operational requirement dismissals: making sense of the 2014 amendments
(2016)This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), where the reason for the dismissal is to "compel the employee to accept a ... -
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 ... -
Public procurement as a tool to drive innovation in South Africa
(2016)This article is an analysis of the use of public procurement as a tool to drive innovation. It explores the meaning of innovative procurement or public procurement of innovation, as well as the rationale for using public ... -
Impact of the Boko Haram insurgency on the child's right to education in Nigeria
(2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ... -
Exploring universal partnerships and putative marriages as tools for awarding partnership property in contemporary family law
(2016)Following upon the Supreme Court of Appeal's judgment in Butters v Mncora 2012 4 SA 1 (SCA), which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates ... -
The impact of the Twin peaks model on the insurance industry
(2016)Financial regulation in South Africa changes constantly. In the quest to find the ideal regulatory framework for optimal consumer protection, rules change all the time and international trends have an important influence ...
