Browsing PER: 2020 Volume 23 by Title
Now showing items 24-43 of 48
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Improving access to justice through law graduate post-study community service in South Africa
(PER/PELJ, 2020)Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the Constitution of the Republic of South Africa, 1996, is necessary to realise various other fundamental rights and to improve ... -
The in vitro embryo and the law: the ownership issue and a response to Robinson
(PER/PELJ, 2020)In 2012 the Minister of Health made the Regulations Relating to the Artificial Fertilisation of Persons, which provide that the woman who intends to be made pregnant with an in vitro embryo owns such an embryo and can ... -
Is the Dawn of the Robot Lawyer upon us? The Fourth Industrial Revolution and the Future of Lawyers
(PER/PELJ, 2020)The practice of law has been largely shielded from technological developments in the course of the past 50 years. While the ways in which legal professionals process and share information have evolved with new technologies ... -
Jurisdictional and procedural technicalities in hate speech cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ)
(PER/PELJ, 2020)The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 ... -
Kuwali, D. and Viljoen, F. (eds).2017. By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa (PULP Pretoria 2017) ISBN 978 1 920538 66 8 [Book review]
(PER/PELJ, 2020)This contribution provides a review of the collective volume "By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa" edited by Dan Kuwali and Frans Viljoen. -
Langer, L. 2014. Religious Offence and Human Rights: The Implications of Defamations of Religions (Cambridge University Press 2014) ISBN 9781139600460 [Book review]
(PER/PELJ, 2020)This contribution is a review of a book on actions which may offend religious feelings even if it was not the intention of the offender to do so. This book illustrates how, drawings (amongst others) on the face of it, may ... -
Legal implications relating to being "entitled to serve" as a director : a South African–Australian perspective
(PER/PELJ, 2020)This article focusses on an Australian piece of legislation and interesting case law, as well as on how the Federal Court of Australia has applied Australia's Corporations Act, 2001 to characterise a person as a de facto ... -
Legal Standing of victims in criminal proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC)
(PER/PELJ, 2020)In late 2016, the Constitutional Court delivered judgment in a case, Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed ... -
Marital Power Finally Obliterated: The History of the Abolition of the Marital Power in Civil Marriages in Eswatini
(PER/PELJ, 2020)Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, ... -
The marketing of consumer and mortgage credit as a responsible lending tool : a comparison of South African, European and Belgian Law : Part 1
(PER/PELJ, 2020)The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular necessitate the proper regulation of credit marketing. It is therefore ... -
The marketing of consumer and mortgage credit as a responsible lending tool: a comparison of South African, European and Belgian Law : Part 2
(PER/PELJ, 2020)The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular necessitate the proper regulation of credit marketing. It is therefore ... -
'n Leë Dop is soms beter as ʼn Halwe Eier Gounden v Master of the High Court [2015] JOL 32896 (KZD) en Govender v Gounden 2019 2 SA 262 (KZN)
(PER/PELJ, 2020)An empty shell is sometimes better than half an egg – Gouden v Master of the High Court [2015] JOL 32896 (KZN) and Govender v Gouden 2019 2 SA 2 SA 262 (KZN) The KwaZulu-Natal High Court, Durban, recently had the opportunity ... -
Neither Adopted nor Borrowed : A Critique of the Conception of the South African Bill of Rights
(PER/PELJ, 2020)The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create ... -
A note on sentencing practices for the offence of the unlawful possession of semi-automatic firearms
(PER/PELJ, 2020)Violent crimes in South Africa are often accompanied by the possession or use of semi-automatic firearms. The Criminal Law Amendment Act 105 of 1997 (the CLA) provides for the imposition of minimum sentences for certain ... -
Once more uBuntu : a reply to Radebe and Phooko
(PER/PELJ, 2020)This article is a critical engagement with the most recent contribution to the debate on the nature and content of ubuntu. The contribution (by Radebe and Phooko) attempts to provide the concept of ubuntu with substantive ... -
The origin of arbitration law in South Africa
(PER/PELJ, 2020)This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of ... -
Poverty as a Ground of Indirect Discrimination in the Allocation of Police Resources – A Discussion of Social Justice Coalition v Minister of Police 2019 4 SA 82 (WCC)
(PER/PELJ, 2020)The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) prohibits indirect and direct unfair discrimination in terms of the grounds listed in the act (such as race, sex, and sexual orientation) ... -
The powers of the office of the public protector and the South African Human Rights Commission: A Critical Analysis of SABC v DA and EFF v Speaker of the National Assembly 2016 3 SA 580 (CC)
(PER/PELJ, 2020)This article assesses South African Broadcasting Corporation v Democratic Alliance 2016 2 SA 522 (SCA) and Economic Freedom Fighters v Speaker of the National Assembly 2016 3 SA 580 (CC) and to a lesser extent the state ... -
Promoting constitutional democracy : regulating political parties in the Central African Republic and Senegal
(PER/PELJ, 2020)Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In this respect, the regulation of political parties is a global phenomenon, which ... -
Property rights of Nigerian women at divorce : a case for a redistribution order
(PER/PELJ, 2020)In Nigeria, marriage is hardly conceived as a partnership of equals in relation to the property rights of spouses during marriage and at divorce. This is because the Nigerian courts do not redistribute property at divorce. ...