Browsing PER: 2021 Volume 24 by Issue Date
Now showing items 1-20 of 71
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Towards ingenious technology and the robust enforcement of financial markets laws to curb money laundering in Zimbabwe
(PER/PELJ, 2021)Technology has positively contributed to the creation of financial markets and the facilitation of payments globally. The effective use of robust technology could enhance the consistent enforcement of financial market ... -
What about the child? Preventing the publication of children's name after the age of 18
(PER/PELJ, 2021)Children are afforded a number of different protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position they occupy in society. When children form part ... -
The need to adopt preventative measures to combat the misappropriation of retirement fund assets
(PER/PELJ, 2021)This paper discusses the challenge of the misappropriation of retirement fund assets by trustees, fund asset managers and retirement funds' administrators. It demonstrates that retirement fund members lose substantial ... -
The Nexus between mobile money regulation, innovative technology and the promotion of financial inclusion in Zimbabwe
(PER/PELJ, 2021)The advent of mobile money innovations has given people in rural areas, informal settlements and other poor communities an opportunity to participate in Zimbabwe's mainstream financial economy. However, the technology-driven ... -
Revisiting the Zimbabwean unfair labour practice concept
(PER/PELJ, 2021)The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices ... -
The regulation and use of artificial intelligence and 5G technology to combat cybercrime and financial crime in South African Banks
(PER/PELJ, 2021)Artificial intelligence (AI) and fifth generation network technology (5G) are now being utilised by some companies and financial institutions such as banks to enhance their competitiveness and expand their businesses. ... -
Compensating landowners? The state's (Limited) duty toward landowners in delayed eviction matters
(PER/PELJ, 2021)The unlawful occupation of private land creates a tension between the interests of the unlawful occupiers to avoid homelessness and the landowner to regain control of its property. To balance the interests and rights ... -
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 ... -
Shareholder oppression as corporate conduct repugnant to public policy : infusing the concept of Ubuntu in the interpretation of Section 163 of the Companies Act 71 of 2008
(PER/PELJ, 2021)The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
Is the WTO appellate body in Limbo? The roots of the crisis in the WTO dispute settlement body and the available routes navigating the quagmire
(PER/PELJ, 2021)In its over 25 years' history, the dispute settlement mechanism of the World Trade Organisation (WTO) has been touted as one of the most active and successful international adjudicatory systems in relation to other ... -
Reconciling the "Bittersweet Chemistry" between technology and corporate takeovers through reinforcing national security interests in merger control
(PER/PELJ, 2021)This article argues that company takeover regulation regimes must carefully balance two opposing notions. On the one hand, the regime must be designed to enable or facilitate the initiation and successful implementation ... -
Corruption and Corporate Governance in Namibia : an analysis of the strategic approaches in the 4th Industrial Revolution
(PER/PELJ, 2021)The advent of new technology and the 4th Industrial Revolution has introduced new facets of corporate crimes and regulatory challenges for the enforcement of anti-corruption laws. Acknowledging the negative effects of ... -
The reliance on lifestyle audits for public officials to curb corruption and tax evasion in Nigeria
(PER/PELJ, 2021)Widespread corruption in the Nigerian public service is having a far-reaching detrimental effect on the economy. Public officers and other policy makers that formulate socio-economic policies are the main perpetrators ... -
A Legal analysis of the use of innovative technology in the promotion of financial inclusion for low-income earners in South Africa
(PER/PELJ, 2021)The promotion of financial inclusion is important for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most low-income earners living in rural areas and informal settlements ... -
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 ... -
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 ... -
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 ... -
Can an emoji be considered as defamation? A legal analysis of Burrows v Houda [2020] NSWDC 485
(PER/PELJ, 2021)This article considers the Australian case of Burrows v Houda 2020 NSWDC 485 and the English case of Lord McAlpine v Bercow 2013 EWHC 1342 (QB). Both cases considered the question of whether emojis could be considered ...
