Browsing PER: 2020 Volume 23 by Title
Now showing items 38-48 of 48
-
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. ... -
The South African Prosecutor in the face of adverse pre-trial publicity
(PER/PELJ, 2020)Pre-trial publicity regarding a pending criminal case, which publicity may be in the form of media coverage of the case or a prior decision given in parallel judicial proceedings arising from substantially the same facts ... -
State use provisions for patent law, and expropriations : some comparative law guidelines for South Africa during the Covid-19 crisis and beyond
(PER/PELJ, 2020)This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property ... -
Strikes in essential services in Kenya : the doctors, nurses and clinical officers' strikes revisited and lessons from South Africa
(PER/PELJ, 2020)The right to strike is one of the fundamental rights enshrined in the Kenyan Constitution, 2010. Any limitation to the right involves the danger of collective bargaining. The right to strike is derived from the Right to ... -
Thinking-of-the-Animal-Other with Emmanuel Levinas
(PER/PELJ, 2020)This article situates the texts in which Emmanuel Levinas directly addresses questions of animality against the backdrop of his larger oeuvre and argues that, despite an explicit attempt to arrange a privileged ethical ... -
Towards designing a validated framework for improved clinical legal education : empirical research on student and alumni feedback
(PER/PELJ, 2020)The pedagogical advantages of employing a Clinical Legal Education ("CLE") teaching and learning strategy have been acclaimed in literature for almost a century and it continues to be ideally suited to catering to modern ...
