PER: 2017 Volume 20: Recent submissions
Now showing items 21-40 of 68
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Water Security and Climate Change: The Need for Adaptive Governance
(2017-01-05)Climate change will bring about unprecedented economic, social and environmental effects, which require both the mitigation of greenhouse gas emissions and adaptation to its adverse effects. Water is the main element through ... -
Water Security and International Law
(2017-01-17)The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even ... -
Should the Alienation of Land Act 68 of 1981 be amended to Address Homelessness? Sarrahwitz v Maritz 2015 8 BCLR 925 (CC)
(2017-12-05)This case note evaluates the judgment of the Constitutional Court in Sarrahwitz v Maritz 2015 8 BCLR 925 (CC). The authors evaluate the decision of the Constitutional Court to resort to the amendment of the Alienation of ... -
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)
(2017-12-19)This note explores the powers of the Labour Court as envisaged in the Labour Relations Act 66 of 1995 (LRA), where a protected strike disintegrates into violent riotous conduct. The legal status of protected strikes raises ... -
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 ... -
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 ... -
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 ... -
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 ... -
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
(2017-12-19)The Employment Equity Act 55 of 1998 (EEA) is the main piece of legislation which seeks to achieve equity in the workplace by redressing unfair discrimination. Unequal pay for equal work and work of equal value are specific ... -
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 ... -
Change to a Skills-Based LLB Curriculum: A Qualitative Study of Participants in a Family Law Course
(2017-12-08)The transformation of educational institutions in South Africa led to institutions of higher learning rethinking their role in the new democratic era. This changed context called for wide-ranging curriculum reform within ... -
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 ... -
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 Right to Just Administrative Action in the Context of Suspending the Payment of Disputed Tax
(2017-12-08)Section 164(3) of the Tax Administration Act 28 of 2011 (hereafter TAA) provides a senior South African Revenue Service official (hereafter, respectively, SARS and senior SARS official) with discretionary powers to suspend ... -
Twenty Years of Constitutional Court Judgments: What Lessons are there about Sentencing?
(2017-12-05)This contribution considers the Constitutional Court of South Africa’s judgments regarding aspects of sentencing. It starts with an overview of relevant judgments, before attending in more detail to judgments on the minimum ... -
Claiming Damages where Dividends remain Unpaid: A Contribution towards a More Balanced Approach in South Africa
(2017-11-02)In the matter between Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd 2013 NSWSC 235 (25 Mar 2013) the Supreme Court of New South Wales had to decide on the legal difficulty arising from unpaid dividends. The Court was ... -
The Battle of the Bakgatla-Ba-Kgafela Community: Access to and Control of Communal Land
(2017-11-07)Like numerous other traditional communities in South Africa, the Bakgatla-Ba-Kgafela community lost portions of their ancestral land in the pre-constitutional era. Under an all-encompassing land reform programme, which ... -
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 ... -
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 ... -
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, ...