Browsing PER: 2020 Volume 23 by Title
Now showing items 1-20 of 48
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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 ... -
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. ... -
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 ... -
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 ... -
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 ... -
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 ... -
The changing identity on succession to chieftaincy in the institution of traditional leadership : Mphephu v Mphephu-Ramabulana (948/17) [2019] ZASCA 58
(PER/PELJ, 2020)The institution of traditional leadership has from time immemorial been central to traditional authority in the system of customary law. After the dawn of democracy in 1994, the role was fundamentally entrenched in the ... -
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 ... -
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 ... -
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 ... -
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 ...
