Browsing PER: 2021 Volume 24 by Issue Date
Now showing items 21-40 of 71
-
Key considerations for traditional residential Universities intending to offer Bachelor of Laws (LLB) through the distance mode of tuition : a case study
(PER/PELJ, 2021)This case study aims to provide key considerations that traditional residential universities should consider when deciding to offer a distance tuition programme alongside an existing contact tuition programme. The University ... -
Estate planning and wills across borders : sometimes a quagmire in the making
(PER/PELJ, 2021)In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and ... -
South Africa's journey to climate change regulation : Earthlife Africa Johannesburg v Minister of Environmental Affairs 2017 2 All SA 519 (GP)
(PER/PELJ, 2021)Concerns over climate change are increasingly reaching an urgent level. Many countries have begun focusing their efforts on mitigating its devastating impact. At the same time countries need to ensure their economic growth ... -
The standard of the reasonable person in determining negligence – comparative conclusions
(PER/PELJ, 2021)The standard of the reasonable person or its equivalent, in general, is used in many jurisdictions to determine fault in the form of negligence. Although the standard is predominantly objective it is also subjective ... -
Family conferencing : responsibility at grassroots level – a comparative analysis between the Netherlands and South Africa
(PER/PELJ, 2021)As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to ... -
An analysis of the implementation of the caselines system in South African courts in the light of the provisions of section 27 of the electronic communications and transactions act 25 of 2002 : a beautiful dream to come true in civil procedure
(PER/PELJ, 2021)The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been ... -
Challenges to the prohibition on sovereignty in Outer Space - A new frontier for space governance
(PER/PELJ, 2021)The current space arena has changed significantly since the 1950s, when outer space activities commenced. At the time of the adoption of the Outer Space Treaty (and the related General Assembly Resolutions), the outer ... -
Data commercialisation in the South African Health Care Context
(PER/PELJ, 2021)Realisation of the value and the commercialisation potential of data is gaining exponential momentum. The combination of historical data exploitations and the use of technologies that allow for the triangulation of data ... -
Fraus Legis in Constitutional Law : the case of Expropriation "Without" or for "Nil" compensation
(PER/PELJ, 2021)Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To ... -
Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution
(PER/PELJ, 2021)The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, ... -
Accountability of law enforcement personnel for Human Rights Violations in Cameroon : trends and challenges
(PER/PELJ, 2021)Law enforcement personnel are critically important in both the security and criminal justice sectors. Unlike ordinary citizens, they possess the broad powers needed to perform the tasks in these sectors: for example, they ... -
Recalibrating everyday space : using Section 24 of the South African Constitution to resolve contestation in the urban and spatial environment
(PER/PELJ, 2021)Positioned as existing predominantly within a green agenda, the right to an environment (section 24 of the Constitution of the Republic of South Africa, 1996) presents numerous opportunities for rights-based interpretation ... -
Municipal courts and environmental justice in South African Local Government
(PER/PELJ, 2021)South African law establishes environmental justice (EJ) as among the environmental management principles to direct decision-making. EJ's inclusion as a guiding principle in the National Environmental Management Act 107 ... -
The significance of sea-level rise for the continuation of states and the identity of their people
(PER/PELJ, 2021)This article considers the legal institutions which give people identity and may anchor them to particular places. But what happens to that identity when "place" no longer exists? The focus of this article is the question ... -
Reflecting on the role and impact of the Constitutional Value of uBuntu on the concept of Contractual Freedom and Autonomy in South Africa
(PER/PELJ, 2021)Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter ... -
Social protection instruments and women workers in the informal economy : a Southern African perspective
(PER/PELJ, 2021)The world of work has changed and in some instances a realisation now exists that certain forms of work are a reality and not a passing occurrence, and it is of the utmost importance that international regulation provides ... -
Editorial: Special Edition on corporate and financial markets law: embracing technology in corporate, securities and financial markets law and the combating of financial crimes in the 4th Industrial Revolution
(PER/PELJ, 2021)This special edition consists of a selection of contemporary and well thought out academic contributions that were developed into full journal articles by presenters who delivered their key findings at the 2nd Annual ... -
The integration and reliance on technology to enhance the independence and accountability of company directors in South Africa
(PER/PELJ, 2021)The most indispensable means of change in contemporary business society is technology because it offers convenience to both businesses and their clients. Almost every business has been influenced by technology. Traditional ... -
Digital financial services : prospects and challenges
(PER/PELJ, 2021)Digital financial services (DFSs), being financial services accessed and delivered through digital channels, have grown rapidly in South Africa as well as globally. The adoption of the technology for DFSs has led to an ... -
The potential of public-private partnerships (PPPs) in the pursuit of sustainable development goal 11 in Zimbabwe
(PER/PELJ, 2021)The international community has recognised cities as important drivers of development and poverty reduction by including SDG 11 in the United Nations 2030 Sustainable Development Agenda. Even though the Sustainable Development ...