Browsing PER: 2018 Volume 21 by Title
Now showing items 25-44 of 61
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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 ... -
Maintaining the ecological flows of estuaries: a critical reflection on the application and interpretation of the relevant legal framework through the lens of the Klein River estuary
(PER, 2018)South Africa has 291 functional estuaries of which 43 per cent are threatened. These estuaries provide numerous environmental goods and services to the species situated within and adjacent to them. In an effort to improve ... -
Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights
(PER/PELJ, 2018)This article undertakes a critical analysis of subjectivity and exposes the metaphysical and anthropocentric quasi-transcendental conditions that give rise to the construct(ion) of the Subject. I locate a critical moment ... -
Modderklip revisited: Can courts compel the state to expropriate property where the eviction of unlawful occupiers is not Just and equitable?
(PER / PELJ, 2018)This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to ... -
Monkey selfie and authorship in aopyright law: The Nigerian and South African perspectives
(PER/PELJ, 2018)A photograph taken by a monkey is in the centre of a copyright claim in the famous monkey selfie case in the United States of America. Suing as next friend of the monkey, named Naruto, the People for the Ethical Treatment ... -
Moosa IA publish or perish. Perceived benefits versus unintended consequences (2018 Edward Elgar Publishing UK)
(PER / PELJ, 2018)This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by Edward Elgar Publishing in 2018 -
The national credit act's remedies for reckless credit in the mortgage context
(PER, 2018)The National Credit Act 34 of 2005 prohibits the granting of reckless credit and also provides for certain remedies that courts can grant to consumers who have fallen victim to reckless lending practices. Depending on the ... -
New Developments in International Investment Law: A Need for a Multilateral Investment Treaty?
(PER/PELJ, 2018)This work contributes to the global discussion on the desirability of the multilateral investment treaty to ensure coherence in the way foreign investment is protected across the globe. The paper argues that whereas the ... -
Parental criminal responsibility for the misconduct of their children: a consideration
(PER, 2018)This contribution examines the criminal responsibility that is imposed upon parents for the delinquent acts of their children. As South African law has been swayed by the legal philosophy of Anglo-American jurisprudence, ... -
Pathological corporate governance deficiencies in South Africa's state-owned companies: a critical reflection
(PER, 2018)Globally, states use state-owned companies (SOCs) or public corporations to provide public goods, limit private and foreign control of the domestic economy, generate public funds for the fiscus, increase service delivery ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 1)
(PER, 2018)It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 2)
(PER, 2018)The inescapable reality is that most law school graduates are headed for professional life. This means that law schools have some accountability for the competence of their graduates, and thus an educational responsibility ...