PER: 2020 Volume 23: Recent submissions
Now showing items 1-20 of 48
-
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 ... -
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 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 ... -
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 ... -
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 ... -
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. ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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. ... -
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 ...
