Browsing PER: 2017 Volume 20 by Issue Date
Now showing items 1-20 of 68
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Rights, regulation and bureaucratic impact: the impact of human rights litigation on the regulation of informal trade in Johannesburg
(2017)In contemplating the extent to which rights-based litigation is conducive to positive social change, attention ought to be paid to the bureaucratic impact of court judgments that vindicate rights against the State. As a ... -
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. -
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 ... -
Balancing Responsibilities – Financial Literacy
(2017)In Australia there is an obligation to promote the informed participation of financial consumers while in South Africa there is an obligation to educate consumers. The Australian obligation is concerned with the financial ... -
Assisted Reproductive Technologies and the Right to Reproduce under South African Law
(2017)Reproductive rights in South Africa have traditionally focused on the rights of individuals to avoid reproduction. However, with an increase in the use of assisted reproductive technologies (ART), there has been a shift ... -
Using the Law to Combat Public Procurement Corruption in South Africa: Lessons from Hong Kong
(2017)Since South Africa’s political transition in 1994, corruption has been a major feature of the country’s politics. However, the complexity of post-apartheid South African politics has sometimes prevented allegations and ... -
The changing public policy and automatic termination of fixed-term employment contracts in South Africa
(2017)Automatic termination is an accepted means of terminating fixed-term employment relationships. The use of "automatic termination" clauses in employment contracts has become commonplace. Awareness of the potential for abuse ... -
Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme
(2017)The LLB degree programme (Bachelor of Laws) should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal ... -
Selected Developments in South African Labour Legislation related to Persons with Disabilities
(2017)In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups ... -
A Comparison with Analysis of the SADC FIP before and after Its Amendment
(2017)Discourses on rights, duties and obligations predominantly take place within the context of constitutional, administrative and human rights law. In the last decade these debates have also begun to take place in international ... -
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 ... -
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 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 ... -
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 ... -
Children's rights to mother-tongue education in a multilingual world: a comparative analysis between South Africa and Germany
(2017)The importance of the mother tongue, and, more specifically, of mother-tongue education, is recognised globally. Use of the mother tongue is regarded as one of the most effective ways of acting and performing cognitively, ... -
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 ... -
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, ... -
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 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 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 ...
