Browsing PER: 2017 Volume 20 by Title
Now showing items 15-34 of 68
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Deciphering the Composition of Section 79- Assessment Panels in the Criminal Procedure Amendment Act 4 of 2017
(2017-12-08)Section 79 of the Criminal Procedure Act 51 of 1977 provides for the appointment of mental health professionals to assess an accused’s fitness to stand trial and/or criminal capacity if the court orders such an enquiry in ... -
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 ... -
Disclosure in Centre for Child Law v the Governing Body of Hoërskool Fochville
(2017-12-18)When a party refers to evidentiary material in the course of litigation, ordinarily this party is under an obligation to make this evidence available to his opponent, particularly when called upon to do so. However, over ... -
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
(2017-12-08)The discourse surrounding the punishment of offenders within a society reveals much about the particular ideological underpinnings of power within that society. Penal discourse within colonial societies is particularly ... -
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 ... -
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 ... -
The Employment Status of Magistrates in South Africa and the Concept of Judicial Independence
(2017-11-07)Protection in terms of labour law is primarily available only to persons with status as employees. In South Africa the courts have over the years developed different tests to establish who is an employee and therefore ... -
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 ... -
Examining the Application of Deterrence in Sentencing in Malawi
(2017-12-18)This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play ... -
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?
(2017)This contribution focuses on the transport of passengers on international routes and the legal regime set down by the Warsaw Convention of 1929 and reinforced by the Montréal Convention of 1999. These Conventions regulate ... -
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 ... -
The Foundational Tenets of Johannes Althusius' Constitutionalism
(2017-11-02)In his Politica: Politics Methodically set Forth and Illustrated with Sacred and Profane Examples published in 1603 Johannes Althusius’ sets out his grand scheme of republican federalism. Soon, however, the final establishment ... -
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 ... -
A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe
(2017)Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation ... -
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. -
Hate Speech Provisions and Provisos: A Response to Marais and Pretorius and Proposals for Reform
(2017-11-06)This article responds to some of the issues raised by Marais and Pretorius in their 2015 article titled "A Contextual Analysis of the Hate Speech Provisions of the Equality Act" published in 2015(18)4 PER 901. In particular, ... -
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. -
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 ...