Browsing PER: 2019 Volume 22 by Issue Date
Now showing items 1-20 of 71
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A legal perspective on social media use and employment: Lessons for South African educators
(PER/PELJ, 2019)In this article, the author provides a legal perspective on the interplay between social media use and employment. The unique characteristics of social media are identified in order to frame the article before a number of ... -
The value of the persistent objector doctrine in international human rights law
(PER/PELJ, 2019)This article critically analyses the use of the persistent objector doctrine in unilaterally challenging the validity of Sexual Orientation and Gender Identity (SOGI) rights and the related state obligations. The persistent ... -
Gender inequality and land rights: The situation of indigenous women in Cameroon
(PER/PELJ, 2019)Land is an essential resource that serves as a means of subsistence for millions of people in the world and indigenous communities and women in particular. Most indigenous societies' survival is closely tied to land. In ... -
Judicial mandate in safeguarding environmental rights from the adverse effects of mining activities in Zambia
(PER/PELJ, 2019)The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. A polluted environment affects the rights of those who depend on a clean one for their survival. ... -
Challenges surrounding the adjudication of women's rights in relation to customary law and practices in Tanzania
(PER/PELJ, 2019)Women's rights litigation has produced varied outcomes in many African countries. Although courts have looked at the legislation that discriminates against women with different degrees of success, matters such as tradition ... -
Promoting public participation in the energy transition: The case of France's national debate
(PER/PELJ, 2019)In an energy transitions era, the citizens tend to be increasingly considered as actors of the energy system. This situation reinforces in turn the importance of public participation processes into energy policy or legislation ... -
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
(PER/PELJ, 2019)The Labour Relations Act 66 of 1995 (hereafter the LRA) was promulgated to redress the injustices and inequality within labour relations. It seeks to do so through four objectives which give effect to the LRA's purposes ... -
"Innovative Orders" under the South African consumer protection Act 68 of 2008
(PER/PELJ, 2019)This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give ... -
Analysing and comparing warrantless Tax inspections and searches
(PER/PELJ, 2019)Sections 45 and 63 of the Tax Administration Act 28 of 2011 (TAA) confer drastic information gathering powers on officials of the South African Revenue Service (SARS). On the one hand, section 45 permits warrantless routine ... -
Re-Categorising public procurement in South Africa: Construction works as a special case
(PER/PELJ, 2019)Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. Construction works are considered to constitute services and as such are not specifically referred ... -
The Search and Seizure of Digital Evidence by Forensic Investigators in South Africa
(PER/PELJ, 2019)The discipline of digital forensics requires a combination of skills, qualifications and knowledge in the area of forensic investigation, legal aspects and information technology. The uniqueness of digital evidence makes ... -
Public participation in African constitutionalism (Routledge Abingdon and New York 2018)
(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 ... -
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 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 [2017] 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, ... -
The South African class Action mechanism: Comparing the opt-in regime to the opt-out regime
(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 ... -
Municipal law making under SPLUMA: A survey of fifteen "First Generation" municipal planning by-laws
(PER/PELJ, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
Sexual harassment: Why do victims so often resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)
(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 ... -
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 ... -
The million rand question: Does a civil marriage automatically dissolve the parties' customary marriage?
(PER/PELJ, 2019)In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, her customary marriage to former President Nelson Mandela continued to exist until his death, ...
