Browsing PER: 2018 Volume 21 by Title
Now showing items 14-33 of 61
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Delivery of the Compulsory Section 129(1) Notice as required by the National Credit Act of 2005*
(PER/PELJ, 2018)In terms of section 129(1) of the National Credit Act 34 of 2005 (NCA), a credit provider first needs to provide a consumer with notice of his default and a list of possible remedies to overcome the default, before enforcing ... -
The direct applicability of SADC community law in South Africa and Zimbabwe: a call for supranationality and the uniform application of SADC community law
(PER, 2018)The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them ... -
Disposing of bodies, semantically: notes on the meaning of "disposal" in S v Molefe
(PER, 2018-05-17)In S v Molefe the presiding officer determines the meaning of the word "disposal" at the hand of two criteria, namely visibility and permanence; this means a body has to be permanently out of sight to be considered ... -
Does albinism fit within the legal definition of disability in the employment context? A comparative analysis of the judicial interpretation of disability under the SA and the US non-discrimination laws
(PER / PELJ, 2018)South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by ... -
A duty of support for all South African unmarried intimate partners Part 2: Developing customary and common law and circumventing the volks judgment
(PER / PELJ, 2018)Part I of this two-part article argued that post-constitutional developments of the right to support have excluded the largest and most vulnerable sector of South African women – African women in invalid customary marriages ... -
A duty of support for all South African unmarried intimate partners Part I: The limits of the cohabitation and marriage based models
(PER / PELJ, 2018)The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had ... -
The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?
(PER/PELJ, 2018)The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to ensuring a fair trial. The purpose of the right to remain silent is to ensure that the state bears the ... -
Facing the challenge of improving the legal writing skills of educationally disadvantaged law students in a South African law school
(PER, 2018)Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of ... -
Formal regulation of third party litigation funding agreements? A South African perspective
(PER/PELJ, 2018)In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with regard to non-lawyers. This article is based on research conducted to determine whether regulating ... -
Frankenberg G comparative constitutional studies – Between magic and deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook)
(PER / PELJ, 2018)This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward Elgar Publishing in 2018 -
Human rights and the new sustainable mechanism of the Paris agreement: A new opportunity to promote climate justice
(PER, 2018)In the light of the new era of climate action under the Paris Agreement (PA) and the rights and justice issues raised by climate change-related policies and measures, this paper discusses the integration of a human rights ... -
In search of the perceived quality and impact of accredited South African law journals: exploring the possibility of a ranking system. A baseline study: 2009 – 2014
(PER, 2018)The DHET Research Output Policy (2015) indicates that there has been a change in the government’s approach to research funding. Previously all research published in any accredited journal was rewarded equally. A decision ... -
Inheritance rights for posthumously procreated children: a growing challenge for the law
(PER / PELJ, 2018)Significant advances in cryogenic technology render it possible to freeze and store human gametes. Under appropriate laboratory conditions frozen gametes can remain viable for long periods of time. In consequence, it is ... -
Integration of the bride as a requirement for a valid customary marriage: Mkabe v minister of home affairs [2016] ZAGPPHC 460
(PER, 2018)Since the Recognition of Customary Marriages Act 120 of 1996 was promulgated in 15 November 2000 the courts are faced with the daunting task to determine whether a customary marriage is valid under the Act. The courts find ... -
Intermediaries and the international obligation to protect child witnesses in South Africa
(PER, 2018)This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South ... -
Justificatory theories for intellectual property viewed through the constitutional prism
(PER, 2018)In order to determine the extent to which intellectual property rights should enjoy protection under the constitutional property clause, some of the classical and newer justificatory theories for property may be employed, ... -
Laws against strikes – The South African experience in an international and comparative perspective
(PER, 2018)This contribution reviews the book entitled Laws against Strikes – The South African Experience in an International and Comparative Perspective edited by Bob Hepple, Rochelle le Roux and Silvana Sciarra. -
Le Roux v Dey and children's rights approaches to judging
(PER, 2018)The South African jurisprudence on the rights of children is vibrant and generally progressive, and is supported by an enabling constitutional and statutory framework. The majority decision in Le Roux v Dey 2011 3 SA 274 ... -
Leadership, social justice and transformation – inspire a leader
(PER, 2018)Transformation is not impossible. In 1994 there were about 150 judges in this country. Of this number, one was female and one was black. Today there are 227 judges in South Africa, of whom 82 are female and 145 male. 34% ... -
The legal nature of the embryo: legal subject or legal object?
(PER, 2018)This contribution addresses the question regarding the legal nature of a cryopreserved embryo. Such preservation is a relatively modern development in the medical field. Neither Tennessee (USA) law nor European law provides ...