Browsing PER: 2019 Volume 22 by Issue Date
Now showing items 1-20 of 36
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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 ... -
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 ... -
The Constitutional Rules of Succession to the Institution of Monarch in Lesotho
(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 ... -
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 ... -
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 ... -
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 ... -
Damages Arising from Contraventions of Competition Act 89 of 1998
(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 ... -
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 ... -
Property and "Human Flourishing": A Reassessment in the Housing Framework
(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 ... -
An Analysis of the Public Protector's Investigatory and Decision-Making Procedural Powers
(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 ... -
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 ... -
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 ... -
Alternatives to bankruptcy in South Africa that provides for a discharge of debts: Lessons from Kenya
(PER/PELJ, 2019)The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which ... -
Proselytising the regulation of religious bodies in South Africa: Suppressing religious freedom?
(PER/PELJ, 2019)In democratic pluralistic and secular societies, freedom of religion is a fundamental right to be enjoyed by all individuals and religious organisations. A unique feature of this human right is the extent to which it is ... -
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 ...
