Browsing PER: 2020 Volume 23 by Issue Date
Now showing items 1-20 of 48
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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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
Clinical legal education during a global pandemic - suggestions from the trenches : the perspective of the Nelson Mandela University
(PER/PELJ, 2020)The Covid-19 pandemic has plunged the world into turmoil and uncertainty. The academic world is no exception. In South Africa, due to a nationwide lockdown imposed by government, universities had to suspend all academic ... -
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 ... -
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 ... -
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 ... -
Appropriate internal appeal mechanisms for approval of building plans: exploring the gaps left by the Constitutional Court
(PER/PELJ, 2020)This article explores the gaps left by the Constitutional Court's jurisprudence in relation to what the appropriate internal appeal mechanism should be at the level of municipalities for the approval of building plans. ... -
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 ... -
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 ... -
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 ... -
A comparative analysis of the application of the 1951 refugee convention to victims of sexual violence in South Africa, Tanzania and Uganda
(PER/PELJ, 2020)This article seeks to ascertain whether refugees who are victims of sexual violence in contracting states enjoy access to courts per Article 16 of the United Nations (UN) Convention Relating to the Status of Refugees ... -
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 ... -
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 ... -
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. ...
