PER: 2019 Volume 22
- Re-Categorising public procurement in South Africa: Construction works as a special case / Allison, Anthony
- Proselytising the regulation of religious bodies in South Africa: Suppressing religious freedom? / Henrico, Radley
- Alternatives to bankruptcy in South Africa that provides for a discharge of debts: Lessons from Kenya / Mabe, Zingapi
- Municipal law making under SPLUMA: A survey of fifteen "First Generation" municipal planning by-laws / de Visser, Jaap; Poswa, Xavia
- Promoting public participation in the energy transition: The case of France's national debate / Mauger, Romain
- A legal perspective on social media use and employment: Lessons for South African educators / Coetzee, Susan A
- Judicial mandate in safeguarding environmental rights from the adverse effects of mining activities in Zambia / Mulenga, Chipasha
- Analysing and comparing warrantless Tax inspections and searches / Moosa, Fareed
- The Right to Strike under the labour relations Act 66 of 1995 (LRA) and possible factors for consideration that would promote the objectives of the LRA / Subramanien, Darren C; Joseph, Judell L
- The value of the persistent objector doctrine in international human rights law / Rudman, Annika
- "Innovative Orders" under the South African consumer protection Act 68 of 2008 / Naude, Tjakie; de Stadler, Elizabeth
- Challenges surrounding the adjudication of women's rights in relation to customary law and practices in Tanzania / Msuya, Norah H
- The Search and Seizure of Digital Evidence by Forensic Investigators in South Africa / Nortjé, Jacobus GJ; Myburgh, Daniel C
- Gender inequality and land rights: The situation of indigenous women in Cameroon / Njieassam, Ester E
- The million rand question: Does a civil marriage automatically dissolve the parties' customary marriage? / Osman, Fatima
- Beyond the contours of normally acceptable political violence: Is Cameroon a conflict/transitional society in the offing? / Agbor, Avitus A; Njieassam, Esther Effundem
- The ratification of inadequate surrogate motherhood agreements and the best interest of the child / Baase, Mathabo
- The constitutional protection afforded to child victims and child witnesses while testifying in criminal proceedings in South Africa / Bekink, Mildred
- The constitutionality of the prohibition of hate speech in terms of section 10(1) of the equality act: A reply to Botha and Govindjee / Marais, Maria E; Pretorius, Jan L
- The South African class Action mechanism: Comparing the opt-in regime to the opt-out regime / Broodryk, Theo
- The appointment of a proxy "At any time" in terms of section 58 of the companies Act 71 of 2008: Richard Du Plessis Barry v Clearwater estates NPC  ZASCA 11 / Madlela, Vela
- Sexual harassment: Why do victims so often resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG) / Calitz, Karin
- Are close of pleadings now irrelevant? An evaluation of the impact the Nkala judgment has on Litis Contestatio / Khan, Muhammed Siraaj
- Standing on unsteady ground: AREVA NP incorporated in France v Eskom SOC LTD / van Eetveldt, Henri-Willem
- Introducing a serpent into the garden of collective bargaining: A case analysis of Numsa obo members v Elements six productions (Pty) Ltd  ZALCJHB 35 (7 February 2017) / Rwodzi, Night T; Lubisi, Nombulelo
- Lewyn M Government intervention and suburban sprawl: The case for market urbanism (Palgrave MacMillan 2017) / Soni, Urmila
- Jacobsohn G and Schor M (eds) Comparative constitutional theory (Edward Elgar Publishing Cheltenham, UK 2018) ISBN 978 1 78471 912 8 (cased); 978 1 78471 913 5 (eBook) / Venter, Francois
- Public participation in African constitutionalism (Routledge Abingdon and New York 2018) / Menski, Werner
Editor-in-Chief: Professor Christa Rautenbach
Director's Duty to Act for a Proper Purpose in the Context of Distribution under the Companies Act71 of 2008 (PER/PELJ, 2019)This paper seeks to critically analyse the requirements of the duty imposed on directors to act for a proper purpose as provided in section 76(3)(a) of the 2008 Act (Companies Act71 of 2008)whenever ...
(PER/PELJ, 2019)In South Africa, land/housing is a finite non-shareable type of property that must yield to stringent constitutional control to meet land reform and housing objectives, which is high on our constitutional ...
Mediese Sertifikate ingevolge die Traditional Health Practitioners Act: Die Kwessie van Geldigheid en Betroubaarheid (PER/PELJ, 2019)On 1 May 2014, various provisions of the Traditional Health Practitioners Act22 of 2007, came into effect. This resulted in the establishment of the Interim Council for Traditional Health Practitioners ...
Tagging and Tracking of Persons with Albinism: A Reflection of Some Critical Human Rights and Ethical Issues Arising from the Use of the Global Positioning System (GPS) as Part of a Solution to Cracking Down on Violent Crimes Against Persons withAlbinism (PER/PELJ, 2019)Recent years have seen an increase in the use of the Global Positioning System (GPS) by both private and public entities for the purpose of tracking and monitoring the location of human beings. The ...
The Application of International Human Rights Instruments in Outer Space Settlements: Today's Science Fiction, Tomorrow's Reality (2019)The military and commercial exploitation of outer space has received increasing international attention since the United States of America announced its intention to establish an outer space military force ...
(PER/PELJ, 2019)Persons who have suffered loss or damage as a result of a prohibited practice in terms of the Competition Act89 of 1998 (the Act) have the right to recover such damage in the civil courts. This ...
(PER/PELJ, 2019)This article critically analyses the Draft Rules to the Public Protector Act23 of 1994 and examines the efficacy of the Public Protector's decision-making procedural powers. Several procedural lacunae ...
(PER/PELJ, 2019)The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the ...
Introducing a serpent into the garden of collective bargaining: A case analysis of Numsa obo members v Elements six productions (Pty) Ltd  ZALCJHB 35 (7 February 2017) (PER/PELJ, 2019)This case note is an analysis of Numsa obo Members v Elements Six Productions (Pty) Ltd  ZALCJHB 35 (7 February 2017). The jurisprudence advanced in this case is pertinent to balancing the employer and employee’s ...
(PER/PELJ, 2019)Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a multi-billion-rand tender. Although the majority of the Constitutional Court recognised the public importance of the case, ...
Are close of pleadings now irrelevant? An evaluation of the impact the Nkala judgment has on Litis Contestatio (PER/PELJ, 2019)The position regulating close of pleadings in South African law of civil procedure has for a long time been unchallenged. However, the court in Nkala v Harmony Gold Mining Company Limited 2016 5 SA 240 (GJ) developed the ...
(PER/PELJ, 2019)This article endeavours to find answers to the question of why the victims of sexual harassment often resign after the harassment, while the perpetrator continues working, and suggests how some of the human cost to victims ...
The appointment of a proxy "At any time" in terms of section 58 of the companies Act 71 of 2008: Richard Du Plessis Barry v Clearwater estates NPC  ZASCA 11 (PER/PELJ, 2019)Section 58(1) of the Companies Act 71 of 2008 gives a shareholder the right to appoint a proxy "at any time" for the purpose of participating in, speaking and voting on behalf of that shareholder at a shareholders′ meeting, ...
(PER/PELJ, 2019)This review explores why public participation in constitution-making matters for cultivating responsible governance and for fine-tuning justice, focused on immensely rich African evidence within a broader comparative ...
Jacobsohn G and Schor M (eds) Comparative constitutional theory (Edward Elgar Publishing Cheltenham, UK 2018) ISBN 978 1 78471 912 8 (cased); 978 1 78471 913 5 (eBook) (PER/PELJ, 2019)This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory, and edited by Gary Jacobsohn and Miguel Schor. It was published in 2018 by Edward Elgar ...
Lewyn M Government intervention and suburban sprawl: The case for market urbanism (Palgrave MacMillan 2017) (PER/PELJ, 2019)The writer is of the opinion that government intervention is the probable cause of suburban sprawl in American cities. Two types of sprawl are discussed, namely, sprawl which results due to the creation of suburbs and ...
(PER/PELJ, 2019)In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is confined to claimants who choose positively to advance their claims and are required to come forward for that purpose, he ...
The constitutionality of the prohibition of hate speech in terms of section 10(1) of the equality act: A reply to Botha and Govindjee (PER/PELJ, 2019)This is a reply to a critique by Botha and Govindjee (2017 PELJ 1-32) of our interpretation of the hate speech provisions of the Equality Act (Promotion of Equality and Prevention of UnfairDiscrimination Act 4 of 2000) in ...
The constitutional protection afforded to child victims and child witnesses while testifying in criminal proceedings in South Africa (PER/PELJ, 2019)The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children ...
(PER/PELJ, 2019)South Africa has developed domestic legislation governing all surrogacy matters within the country. These provisions are contained in Chapter 19 of the Children's Act 38 of 2005. In Ex parte MS; In re: Confirmation of ...