PER: 2017 Volume 20
Contents
3 January 2017
Articles
- Competing preferent community prospecting rights : a nonchalant custodian? / Olivier, N; Williams, C & Badenhorst, P
- The legal nature of the duty of care and skill: contract or delict? / Stevens, R
- The exclusion of liability for emotional harm to passengers in the Warsaw and Montréal convention: moving away from Floyd, Siddhu and Pienaar to the Stott case? / De Gama, R
- Rights, regulation and bureaucratic impact: the impact of human rights litigation on the regulation of informal trade in Johannesburg / Pieterse, Marius
- Regulating against business "fronting" to advance black economic empowerment in Zimbabwe: lessons from South Africa / Wirikandwa, Tapiwa V; Osode, Patrick C
- A pluralist approach to the law of international sales. / Cotzee, Juana
- The myth of objectivity: implicit racial bias and the law (Part 1) / Gravett, Willem H
- The myth of objectivity: implicit racial bias and the law (Part 2) / Gravett, Willem H
- Werknemers as lasgewende ouers in surrogasie-angeleenthede: die geboorte van nuwe verlof-behoeftes in Suid-Afrika. / Botes, Anri; Fourie, Laetitia
- Post-commencement finance - domiciled resident or uneasy foreign transplant? / Stoop, Helena; Hutchison, Andrew
- Children's rights to mother-tongue education in a multilingual world: a comparative analysis between South Africa and Germany / Stoop, Chrizell
- What is the Future of Polygyny (Polygamy) in Africa? / Mwambene, Lea
- Hate Speech Provisions and Provisos: A Response to Marais and Pretorius and Proposals for Reform / Botha, J C; Govindjee, A
- The Foundational Tenets of Johannes Althusius' Constitutionalism / Malan, K
- Johannes Althusius' Grand Federalism, the Role of the Ephors and Post-Statist Constitutionalism / Malan, K
- The Battle of the Bakgatla-Ba-Kgafela Community: Access to and Control of Communal Land / Pienaar, J M
- Claiming Damages where Dividends remain Unpaid: A Contribution towards a More Balanced Approach in South Africa / Kilian, C G; Snyman van Deventer, E
- Twenty Years of Constitutional Court Judgments: What Lessons are there about Sentencing? / Terblanche, S S
- The Right to Just Administrative Action in the Context of Suspending the Payment of Disputed Tax / de Lange, S; van Wyk, D
- Examining the Application of Deterrence in Sentencing in Malawi / Gumboh, E
- Liability to Pay Retirement Benefits when Contributions were not paid to the Retirement Fund / Marumoagae, C M
- Change to a Skills-Based LLB Curriculum: A Qualitative Study of Participants in a Family Law Course / Colgan, D; Domingo, W; Papacostantis, H
- Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform / Agbor, A A
- A Critical Analysis of the New Equal Pay Provisions Relating to Atypical Employees in Sections 198A-198D of the LRA: Important Lessons from the United Kingdom / Ebrahim, S
- The Employment Status of Magistrates in South Africa and the Concept of Judicial Independence / Diedericks, L
- A Disgrace to the Master Race: Colonial Discourse Surrounding the Incarceration of "European" Prisoners within the Colony of Natal towards the End of the Nineteenth and Beginning of the 20th Centuries / Peté, S A
- Deciphering the Composition of Section 79- Assessment Panels in the Criminal Procedure Amendment Act 4 of 2017 / Pienaar, L
Notes
- An Employer's Recourse to Lock-Out and Replacement Labour: An Evaluation of Recent Case Law / Botha, M M; Lephoto, M
- South Africa's Debut into Broadcasting Criminal Trials – The Legal Arguments in Televising the Oscar Pistorius Trail / James, A
Case note
- Kerkhoff v Minister of Justice and Constitutional Development 2011 2 SACR 109 (GNP): intermediary appointment reports and a child's right to privacy versus the right of an accused to access to information / Bekink, M
- Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa / Tuba, M D
- The Law Regarding Pension Interest in South Africa has been settled! Or has It? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162 / Marumoagae, M C
- Equal Pay in Terms of the Employment Equity Act: The Role of Seniority, Collective Agreements and Good Industrial Relations: Pioneer Foods (Pty) Ltd v Workers against Regression 2016 ZALCCT 14 / Ebrahim, S
- A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA) / Nortje, W; du Toit, P
- Disclosure in Centre for Child Law v the Governing Body of Hoërskool Fochville / Tsele, M
- The Role of the Labour Court in Collective Bargaining: Altering the Protected Status of Strikes on Grounds of Violence in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd (2016) 37 ILJ 476 (LC) / van Eck, S; Kujinga, T
- Should the Alienation of Land Act 68 of 1981 be amended to Address Homelessness? Sarrahwitz v Maritz 2015 8 BCLR 925 (CC) / Heyns, A; Mmusinyane, B
Special Edition: Water Security
- Water Security and International Law / Kuokkanen, T
- Water Security and Climate Change: The Need for Adaptive Governance / Honkonen, T
- Water Security and Judicial and Administrative Confusion in South Africa: The Trustees of the Time Being of the Lucas Scheepers Trust, IT 633/96 v MEC for the Department of Water Affairs, Gauteng 2015 ZAGPPHC 211 (17 April 2015) / Couzens, E; Maduramuthu, D & Bellengère, A
- Water Security and the Right to Water in Southern Africa: An Overview / Soyapi, W B
Special Edition: Engaging with Customary Law
- Editorial: Special Edition Engaging with African Customary Law: Legal History in Contemporary South Africa /du Plessis, P
- Broadening the Legal Academy, the Study of Customary Law: The Case for Social-Scientific and Anthropological Perspectives / Griffiths, A
- Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law /Himonga, C; Diallo, F
- The Customary Anatomy of the Traditional Governance of the Bafokeng Traditional Community: The Implications of the Constitutional Recognition of Hereditary Headmanship / Khunou, S F
- Oral Law in Litigation in South Africa: An Evidential Nightmare? / Rautenbach, C
- Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines / du Plessis, E
Book reviews
- Martin, P., Bigdeli, S.Z. & Daya-Winterbottom, T. 2015. The Search for Environmental Justice. [Book review] / Geduld, AJN
- A Liberal Actor in a Realist World the European Union Regulatory State and the Global Political Economy of Energy (Oxford University Press Oxford 2015) / du Plessis, W
- The Experience of Face Veil Wearers in Europe and the Law (Cambridge University Press United Kingdom 2014). / Matthee, J L
- Responsible Mining: Key Principles for Industry Integrity by Sara Bice(Routledge Earthscan London 2016) / du Plessis, W
- Climate Justice: Case Studies in Global and Regional Governance Challenges (Environmental Law Institute Washington DC 2016) / Calzadilla, P V
- Against the New Constitutionalism (Edward Elgar Publishing Cheltenham, UK 2016) / Venter, F
- Ireland-Piper D Accountability in Extraterritoriality, a Comparative and International Law Perspective (2017 Edward Elgar, UK) / Klaasen, A
Editor-in-Chief: Professor Christa Rautenbach
Recent Submissions
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Ireland-Piper D Accountability in Extraterritoriality, a Comparative and International Law Perspective (2017 Edward Elgar, UK)
(2017-07-14)This contribution provides a short overview of the book by Danielle Ireland-Piper on accountability in extraterritoriality in a comparative and international law context. -
Gyorfi T Against the New Constitutionalism (Edward Elgar Publishing Cheltenham, UK 2016)
(2017-05-16)This contribution reviews the book entitled Against the New Constitutionalism authored by Tamas Gyorfi. He challenges the pivotal role given to judges in constitutional adjudication. -
Climate Justice: Case Studies in Global and Regional Governance Challenges (Environmental Law Institute Washington DC 2016)
(2017-04-24)Climate Justice: Case Studies in Global and Regional Governance Challenges edited by Randall S Abate, addresses a diverse set of topics related to climate justice, explores the meaning and challenges of this critical issue, ... -
Responsible Mining: Key Principles for Industry Integrity by Sara Bice(Routledge Earthscan London 2016)
(2017-03-08)This contribution reviews the book entitled "Responsible Mining: Key Principles for Industry Integrity" authored by Sara Bice and published by Routledge in 2016 -
The Experience of Face Veil Wearers in Europe and the Law (Cambridge University Press United Kingdom 2014).
(2017-03-08)This contribution published by Cambridge University Press provides a short overview of the book by Eva Brems "The Experience of Face Veil Wearers in Europe and the Law" published by Cambridge University Press, United ... -
A Liberal Actor in a Realist World the European Union Regulatory State and the Global Political Economy of Energy (Oxford University Press Oxford 2015)
(2017-03-08)This contribution reviews the book entitled "A Liberal Actor in a Realist World The European Union Regulatory State and the Global Political Economy of Energy" authored by Andreas Goldthau and Nick Sitter. It was published ... -
Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines
(2017-10-17)In terms of section 30 of the Restitution of Land Rights Act 22 of 1994, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether ... -
Oral Law in Litigation in South Africa: An Evidential Nightmare?
(2017-10-26)In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with ... -
The Customary Anatomy of the Traditional Governance of the Bafokeng Traditional Community: The Implications of the Constitutional Recognition of Hereditary Headmanship
(2017-10-18)The institution of the hereditary headmanship of the Bafokeng traditional community in the North West Province, South Africa has been in existence from time immemorial. It survived the calamities and vicissitudes of both ... -
Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law
(2017-10-26)The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and ... -
Broadening the Legal Academy, the Study of Customary Law: The Case for Social-Scientific and Anthropological Perspectives
(2017-10-26)This article explores the need for a more broadly based understanding of law, especially in the context of undertaking research in customary law. It examines the limitations of doctrinal legal scholarship involving a "black ... -
Editorial: Special Edition Engaging with African Customary Law: Legal History in Contemporary South Africa
(2017)This special edition consists of a selection of contributions delivered an event on "Custom, Oral History and Law: Writing South African Legal History", co-hosted by the Law School, University of Edinburgh and the Faculty ... -
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
(2017-12-18)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ... -
Equal Pay in Terms of the Employment Equity Act: The Role of Seniority, Collective Agreements and Good Industrial Relations: Pioneer Foods (Pty) Ltd v Workers against Regression 2016 ZALCCT 14
(2017-12-05)Equal pay for equal work and work of equal value is recognised as a human right in international law. South Africa has introduced a specific provision in the EEA in the form of section 6(4) which sets out the causes of ... -
The Law Regarding Pension Interest in South Africa has been settled! Or has It? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162
(2017-03-31)This article reflects on the law relating to pension interest in South Africa. In particular, it assesses whether the Supreme Court of Appeal in Ndaba v Ndaba (600/2015) [2016] ZASCA 162 adequately clarified how this area ... -
Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa
(2017-03-17)On 22 May 2015, the Supreme Court of Appeal (SCA) handed down a judgment in the matter of Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition ... -
South Africa's Debut into Broadcasting Criminal Trials – The Legal Arguments in Televising the Oscar Pistorius Trail
(2017-12-05)The televising and/or any other form of broadcasting of judicial hearings and of criminal trials in particular is a controversial topic that has not only provoked debate and been argued about by academics, the media and ... -
An Employer's Recourse to Lock-Out and Replacement Labour: An Evaluation of Recent Case Law
(2017-12-07)South African labour affairs are in a volatile state. Conflicting rights and interests as well as the balancing of these rights and interests are contributing to this state of affairs. In recent years, the contentious ... -
Water Security and the Right to Water in Southern Africa: An Overview
(2017-01-05)The Southern African region's water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing ... -
Water Security and Judicial and Administrative Confusion in South Africa: The Trustees of the Time Being of the Lucas Scheepers Trust, IT 633/96 v MEC for the Department of Water Affairs, Gauteng 2015 ZAGPPHC 211 (17 April 2015)
(2017-01-18)One of the gravest constraints which South Africa faces in its efforts to promote development and to lift much of its population out of poverty is the relative scarcity of its water. Significant changes were made to South ...
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