Browsing PER: 2020 Volume 23 by Title
Now showing items 12-31 of 48
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The dangers of convictions based on a single piece of forensic evidence
(PER/PELJ, 2020)The overall goal of the criminal justice system is to ensure that perpetrators of crimes are duly punished and that victims of crimes are duly exonerated. As part of the effort to achieve this goal, the forensic disciplines ... -
Death of the breadwinner and the continuation of the duty of spousal support : discrepancies and inequalities for different categories of surviving partners
(PER/PELJ, 2020)This note considers the extension of the duty of spousal support after the death of the breadwinner by comparing the rights of different categories of surviving maintenance claimants, who tend to be mostly women: widows ... -
Defining fairness in dismissals of unauthorised foreign nationals
(PER/PELJ, 2020)It is trite that if a person's employment is prohibited by law it is not possible for such a person to perform his or her work lawfully. However, people are employed despite failing to comply with statutory requirements. ... -
Demystifying hate speech under the PEPUDA
(PER/PELJ, 2020)The factual matrix that is considered in each hate speech case differs from that in the next. However, certain factors always remain key in the process of balancing the different constitutional rights at play: who the ... -
Die status en beskerming van meerderjariges met beperkte handelingsbevoegdheid
(PER/PELJ, 2020)The Status and Protection of Majors with Impaired Capacity to Act In this contribution the focus falls on the capacity to act of majors who, due to mental or physical disabilities, lack the ability to make sound decisions ... -
Do the SALINI criteria apply to the definition of an investment provided in annex 1 of the 2006 and 2016 SADC protocol on finance and investment? An assessment
(PER/PELJ, 2020)An investment is the subject matter in an investor-state dispute settlement (ISDS or international arbitration) or litigation case. Therefore, there can be no such dispute if there is no investment to which the dispute ... -
Double taxation treaty interpretation : lessons from a case down under
(PER/PELJ, 2020)In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain ... -
EDITORIAL: Special Edition The Universal Declaration of Human Rights at 70 : African Perspectives on Progress and Prospects
(PER/PELJ, 2020)This special edition comprises selected papers on critical reflections on the 70th anniversary of the Universal Declaration of Human Rights (UDHR). The authors critique the contextual relevance of the UDHR to the implementation ... -
Ensuring the reliability of fire-arm identification evidence
(PER/PELJ, 2020)Notwithstanding the acceptance of firearm identification by courts, the scientific community has been reluctant to recognise firearm identification as a reliable method of conclusively establishing a connection between a ... -
Exploring childhood statelessness in South Africa
(PER/PELJ, 2020)The United Nations High Commissioner for Refugees set a 10-year timeline in 2014 to prevent childhood statelessness and believes this is possible if the following four steps are taken. First, it urges all states to allow ... -
Hate speech and racial slurs in the South Afican context : where to start
(PER/PELJ, 2020)Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the legislative protection, a fine balance must be struck between the rights ... -
The Impact of Myths, Superstition and Harmful Cultural Beliefs against Albinism in Tanzania: A Human Rights Perspective
(PER/PELJ, 2020)It cannot be denied that myths and superstitions have endured through history and that people have been affected by them since the beginning of time. Superstitious beliefs and myths that result in the victimization of ... -
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 ...
