Browsing PER: 2020 Volume 23 by Issue Date
Now showing items 1-20 of 48
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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 ... -
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 ... -
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. -
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 ... -
Bhuiyan, Md J.H. and Jensen D. (eds). 2020. Law and Religion in the Liberal State (Hart Publishing 2020) ISBN 978 1 50992 633 6 (cased); 978 1 50992 635 0 (eBook); ePub 978 1 50992 634 3 [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Law and Religion in the Liberal State, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Darryn Jensen. The book contains a collection of papers dealing with the ... -
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 ... -
70 Years after the UDHR: A Provocative Reflection Shaped by African Experiences
(PER/PELJ, 2020)The 70th anniversary of the adoption of the Universal Declaration of Human Rights presents an opportunity for critical reflections from the Global South on why the dream of universalising the rights contained in this ... -
Bhuiyan, Md J.H. and Khan, B.U. (eds). 2019. Revisiting the Geneva Conventions: 1949-2019. (Brill Nijhoff Leiden ISBN 978 90 04 37553 6 (cased); 978 90 04 37554 3 (eBook) [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Revisiting the Geneva Conventions: 1949-2019, edited by two legal scholars, namely Md Jahid Hossain Bhuiyan and Borhan Uddin Khan. The book is a commemoration of the 70th anniversary ... -
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 ... -
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 ... -
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 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 ... -
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 ... -
A Case for Transnational Law in Contemporary Times
(PER/PELJ, 2020)When Jessup first wrote about transnational law about 60 years ago, scholarship on globalisation had not started yet. It seems though that transnational law, as we understand it, is as closely related to and has been ... -
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 ... -
Conflicting Levels of Engagement under the Interim Protection of Informal Land Rights Act and the Minerals and Petroleum Development Act: A Closer Look at the Xolobeni Community Dispute
(PER/PELJ, 2020)The South African customary land tenure system is currently administered in terms of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA). As the name suggests, this is a temporary measure to protect ... -
Consequences for non-payment of PAYE and VAT compared
(PER/PELJ, 2020)This article shows that, whereas a bilateral legal relationship exists between the South African Revenue Service (SARS) and a vendor in relation to value-added tax (VAT), a tri-partite legal relationship exists among ... -
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 ... -
Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) : paving the way for formal protection of Informal Land Rights
(PER/PELJ, 2020)In Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) the court, duly following the judicial guidance provided in Maledu v Itereleng Bakgatla Mineral Resources 2019 2 SA 1 (CC), made an important pronouncement ... -
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 ...