Browsing PER: 2017 Volume 20 by Title
Now showing items 32-51 of 68
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Johannes Althusius' Grand Federalism, the Role of the Ephors and Post-Statist Constitutionalism
(2017-12-05)This article discusses the primary structures Johannes Althusius’ constitutionalism, as explained in his Politica: Politics Methodically Set Forth and Illustrated with Sacred and Profane Examples published in 1603. The ... -
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
(2017)General consensus exists that the adversarial nature of the South African criminal procedure with its often aggressive cross-examination of a witness, sometimes by an accused himself, will in most cases expose a child to ... -
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 ... -
The legal nature of the duty of care and skill: contract or delict?
(2017)This article evaluates the legal nature of the duty of care and skill of directors. In terms of the Companies Act 71 of 2008 this duty is essentially delictual in nature. This article evaluates whether the duty is in fact ... -
Liability to Pay Retirement Benefits when Contributions were not paid to the Retirement Fund
(2017-12-18)This article addresses the conduct of employers who are associated with retirement funds, who have failed to pay their employees' contributions into such retirement funds. In particular, the article responds to the critique ... -
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 ... -
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 ... -
Martin, P., Bigdeli, S.Z. & Daya-Winterbottom, T. 2015. The Search for Environmental Justice. [Book review]
(2017)This contribution provides a short overview of the book by Martin P, Bigdeli SZ, Daya-Winterbottom T, Du Plessis W and Kennedy K (eds) The Search for Environmental Justice (Edward Elgar UK 2015) ISBN 978-1-78471-941-8. -
The myth of objectivity: implicit racial bias and the law (Part 1)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
The myth of objectivity: implicit racial bias and the law (Part 2)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
The Myth of Objectivity: Implicit Racial Bias and the Law (Part 2)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
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 ... -
A pluralist approach to the law of international sales
(2017)International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff ... -
Post-commencement finance – domiciled resident or uneasy foreign transplant?
(2017)The 2008 Companies Act 71 of 2008 introduced a new business rescue regime into South African company law, bringing it into line with trends in developed countries, particularly the United States. Indeed, it appears that ... -
Prosecuting the Offence of Misappropriation of Public Funds: An Insight into Cameroon's Special Criminal Court
(2017)The fight against the misappropriation of public funds for private gain perpetrated by individuals, especially public servants, enjoys different degrees of commitment by different countries. The enactment of laws and ... -
The Public Protector as a Mechanism of Political Accountability: The Extent of its Contribution to the Realisation of the Right to Access Adequate Housing in South Africa
(2017)This paper is premised on the concept of political accountability which aims to hold accountable government for its action and or omission. Political accountability encompasses a number of mechanisms such as the judiciary ... -
Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform
(2017-12-19)Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the ... -
Regulating against business "fronting" to advance black economic empowerment in Zimbabwe: lessons from South Africa
(2017)This article examines Zimbabwe's indigenisation legislation, points out some of its inadequacies and draws lessons from South Africa's experiences in implementing its own indigenisation legislation. Both countries have ... -
The Relationship between Restraints of Trade and Garden Leave
(2017)The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint of trade clause in employment contracts, in view of the decision in Vodacom (Pty) Ltd v ... -
The Remedial Action of the "State of Capture" Report in Perspective
(2017)In the State of Capture report the public protector instructed the president to appoint a commission of inquiry to investigate the capture of state institutions by the Gupta family. The president and his family are personally ...