PER: 2022 Volume 25
Contents
April 2022
Articles
- Lessons from UNCITRAL for Reforming the South African Legal Framework Concerning Security Rights in Movable Property / Koekemoer, Michel M. ; Brits, Reghard
- A Reply to Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests / De Freitas, Shaun
- The Appraisal Right in terms of Section 164 of the Companies Act 71 of 2008 : an Overview / Phakeng, Madimetja
- Language Discrimination in the Context of South African Workplace Discrimination Law / Louw, Andre M.
- Die Toepassing van die Wet op Beroepsgesondheid en Veiligheid en ander Veiligheidsmaatreëls by Skole se Tegnologiewerkswinkels / Smit, Marius
- Uncertainty About the Condonation of Formally Non Compliant Wills, and the Rectification of Cross Signed Mirror Wills : is an Act Based Model the Solution? / Faber, James T.
- Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis : a Disquisition on the Legal Framework / Cho, Derrick Teneng ; Agbor, Avitus A.
- The Protection of Personal Information Act 4 of 2013 in the Context of Health Research : enabler of Privacy Rights or Roadblock? / Swales, Lee
- Debunking the Master of the High Court's Assumed Approval Authority Over a Redistribution Agreement in a Deceased Estate / Van Wyk, Susandra
- The Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers / Moyo, Priscilla Tariro ; Botha, Joanna ; Govindjee, Avinash
- The Trial of Civilians Before Courts Martial in Uganda : Analysing the Jurisprudence of Ugandan Courts in the Light of the Drafting History of Articles 129(1)(d) and 21 0(a) of the Constitution / Mujuzi, Jamil
- First Do No Harm : Legal Principles Regulating the Future of Artificial Intelligence in Health Care in South Africa / Donnelly, Dusty-Lee
- The Management of African Workers' Wages at South African Mines : Law and Policy Before 1948 / Maqutu, Lindiwe
- Appraisal of Selected Themes on the Impact of International Standards on Labour and Social Security Law in South Africa / Tshoose, C.I.
- Re-examining the Constitutional Court's Approach to the Property Question Since First National Bank of SA Ltd T/A Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd T/A Wesbank v Minister of Finance 2002 4 SA 768 (CC) / Sono, Nhlanhla Lucky
- Promoting Access to Justice through the Broadcasting of Legal Proceedings / Mufamadi, K.B. ; Koen, L.J.
- Genetically Modified Mosquitoes to Fight Malaria in Nigeria, Burkina Faso, Mali and Uganda : What Legal Response? / Lim Tung, O.J.
- Bullying in the Workplace : The Plight of South African Employees / Calitz, Karin
- Towards a More Uniform Approach to Parenting Coordination in South Africa / De Jong, Madelene
- An Appraisal of the Legal Framework on Parole in Nigeria / Ayinde, Dare J.
- An Analysis of South Africa's Provision of Emergency Water Supply During the Covid 19 Pandemic : Accountability and Expiration / Chamberlain, Lisa ; Potter, Alana
- Relevance, Admissibility and Probative Value in a Rational System of Evidence : A South African Perspective / Theophilopoilos, Constantine ; Bellengère, Adrian
- The Need for Monitoring and Assessment of Legal Aid Quality in South Africa / Holness, Dave
- Strengthening the Fight Against Corruption through the Principle of Accountability / De Man, Annelie
- The African Union's Self Financing Mechanism : A Critical Analysis in terms of the World Trade Organisation's Rules and Regulations / Adams, Gordon ; Lenaghan, Patricia M.
- Policy Considerations that Could Justify the Enactment of a Crime Victim Compensation Fund in South Africa / Wessels, Bernard
- Prioritising Command-and-Control Over Collaborative Governance : The Role of the Information Regulator Under the Protection of Personal Information Act / Bronstein, Victoria
SARChi CLES Series on Cities, Law and Environmental Sustainability
- The Right to Electricity in South Africa / Dube, Felix ; Moyo, Chantelle G.
- Corporate Power, Human Rights and Urban Governance in South African Cities / Pieterse, Marius
- Defining the Urban Edge - A Guide to its Implementation for Sustainable Development / Govindjee, Urmila
- Facing the Music through Environmental Administrative Penalties : Lessons to be Learned from the Implementation and Impact of Section 24G? / Hall, Jenny
- The Legal Relevance of Nature based Solutions for Sustainable Urban Development in South African Secondary Cities / Hattingh, Heloïze
- Environmental Stewardship: Confluence of Law and Religion? / Venter, Francois
- A Legal Perspective o n Sustainable Development a nd Urban Poverty i n South Africa / Knox-Mosdell, Susan C.
- The Control and Eradication of Invasive Species in Urban Areas in terms of South African Law : The City of Cape Town and Polyphagous Shot Hole Borer Beetles / Samons, Marcelle
- Some Legal Options to Ensure the Protection of South Africa's Utilisable Groundwater Resources / Viljoen, Germarié ; Bosman, Carin
Note
- Direct-to-Consumer Genetic Testing in South Africa : Stumbling Over the First Legal Hurdle? / Gooden, Amy
- Integration of the Bride and the Courts : Is Integration as a Living Customary Law Requirement Still Required? / Bakker, Pieter
- Digitalisation in the Health Sector : A South African Public Law Perspective / Cachalia, Firoz ; Klaaren, Jonathan
Case note
- King v De Jager : Implications for Religion Based Discrimination in Wills / Osman, Fatima ; Effendi, Gökşen
- The Payout of a Life Insurance Policy into an Unrehabilitated Insolvent's Estate : Malcolm Wentzel v Discovery Life Limited : In Re Botha v Wentzel (1001/19) [2020] ZASCA 121 (2 October 2020) / Mabe, Zingapi ; Mbiriri, Edith
- Independent Candidacy and Electoral Reform : New Nation Movement NPC v President of the Republic of South Africa / Pretorius, Jan L (Loot)
- The Supreme Court of Zimbabwe's Chigwada Decision and Its Implications for Testamentary Dispositions and Enforcement of Section 26 of the Constitution of Zimbabwe / Makwaiba, Basutu S.
- "In Which the Partners Undertook Reciprocal Duties of Support" A Discussion of the Phrase as Used in Bwanya v Master of the High Court, Cape Town / Barratt, Amanda
- Judging the Holy Cow : Examining the Role of Implicit Bias in Judicial Rulings An Analysis of the Decision in Mbena v Minister of Justice and Correctional Services 2015 4 All SA 361 (ECP) / Lötter, Casper
- Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death : Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May / Sibisi, Siyabonga
- Once, Twice, Three Times Delayed : Considering a Permanent Stay of Prosecution in Rodrigues v The National Director of Public Prosecutions / Van der Linde, Delano C.
Special Edition: Festschrift - Charl Hugo
- Editorial : Festschrift for Charl Hugo / Marxen, Karl
- Personal Tribute to Charl Hugo / Leistner, Marc
- A Tribute to Charl Francois Hugo / Malan, Francois R.
- Charl Hugo : A Friend and Dear Colleague / Pretorius, J.T. (Jopie)
- Re-orientation / Zimmermann, Reinhard
- The UCP as a Choice of Non State Law in International Commercial Contracts / Adams, Faadhil
- A Comparative Analysis of the Approach to the Conformity of a Supporting Statement Calling for Payment Under Demand Guarantees / Chivizhe, Tinaye
- Should Market Value Be Retained as the Only Tax Base for Municipal Property Rates in South Africa? / Ndlovu, Lonias
- Beneficiary Fraud and Demand Guarantees / Kelly-Louw, Michelle
- Tax Planning Using Interest An Organised Chaos for Those Interested / Legwaila, Thaba
- A Critical Evaluation of the Use of Sanctions Clauses in Letters of Credit / Lupton, Cayle S.
- Issues and Essence of Distribution Law in Germany : A Contribution in Honour of Professor Charl Hugo / Martinek, Michael
- When Context Matters Application and Potential of Financial Crime Risk Indicators in Selected African Jurisdictions / Marxen, Karl
- Concepts of Justice and National Context Outlining Legal Comparisons Between the Federal Republic of Germany, the United States of America, and the People's Republic of China / Möllers, Thomas M.J.
- Financial Services and Arrangements to Facilitate the (Ex)Portability of Social Security Benefits in the Southern African Development Community / Mpedi, Letlhokwa G.
- International Commercial Law Emerging in Africa / Neels, Jan L.
- The Sanctions Debate in the Work of the United Nations Since the 2000 Working Paper / Strydom, Hennie
- The Steinhoff Corporate Scandal and the Protection of Investors Who Purchased Shares on the Secondary Market / Van der Linde, Kathleen E.
- Comparative Perspectives on the Keeping of Animals in Sectional (Strata) Title Schemes / Van der Merwe, Cornelius G.
Orationes et Opiniones
- Copyright Reform in South Africa : Two Joint Academic Opinions on the Copyright Amendment Bill [B13B 2017] / Beiter, Klaus D. ; Flynn, Sean ; Forere, Malebakeng ; Klaaren, Jonathan ; Ncube, Caroline B. ; Nwauche, Enyinna S. ; Rens, Andrew ; Samtani, Sanya ; Schonwetter, Tobias
Book reviews
Editor-in-Chief: Professor Christa Rautenbach
Recent Submissions
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Canefe, N. 2022. Critical Perspectives on Crimes against Humanity : The Limits of Universal Jurisdiction in the Global South (University of Wales Press 2020) [Book review]
(PER/PELJ, 2022)In the current anti-accountability sentiment that has plagued most of Africa, triggered by the nasty politics of selectivity that is primarily motivated by considerations of realpolitik or the interests of specific states, ... -
Copyright Reform in South Africa : Two Joint Academic Opinions on the Copyright Amendment Bill [B13B 2017]
(PER/PELJ, 2022)South Africa is in the process of reforming its copyright law, attempting to update and align it with constitutional rights and existing and prospective international treaty obligations. With the adoption of the Copyright ... -
Comparative Perspectives on the Keeping of Animals in Sectional (Strata) Title Schemes
(PER/PELJ, 2022)The aim of this article is to provide comparative perspectives on the keeping of animals in sectional title schemes by analysing the conduct rule for the keeping of animals, reptiles, and birds in the provisions of the ... -
The Steinhoff Corporate Scandal and the Protection of Investors Who Purchased Shares on the Secondary Market
(PER/PELJ, 2022)The December 2017 revelations of accounting irregularities in the Steinhoff group resulted in the share price dropping more than 95%. Investors, including pension funds, lost millions. This contribution deals with some ... -
The Sanctions Debate in the Work of the United Nations Since the 2000 Working Paper
(PER/PELJ, 2022)In recent years the lawfulness of certain types of sanctions and the question about the usefulness of sanctions in general have become topical and widely discussed issues. Of special significance is the expanding use by ... -
International Commercial Law Emerging in Africa
(PER/PELJ, 2022)This article provides an overview of the history of international commercial law in Africa with reference to instruments of the three sister organisations of private international law (in a wide sense): UNCITRAL (the United ... -
Financial Services and Arrangements to Facilitate the (Ex)Portability of Social Security Benefits in the Southern African Development Community
(PER/PELJ, 2022)This contribution reviews the financial services and arrangements to facilitate the (ex)portability of social security benefits in the Southern African Development Community (the SADC). It commences by providing a general ... -
Concepts of Justice and National Context Outlining Legal Comparisons Between the Federal Republic of Germany, the United States of America, and the People's Republic of China
(PER/PELJ, 2022)Comparative law holds the promise of improving knowledge. Looking at other legal systems enables a nuanced understanding of the rules of one's own country. While comparative law traditionally starts with a concrete issue, ... -
When Context Matters Application and Potential of Financial Crime Risk Indicators in Selected African Jurisdictions
(PER/PELJ, 2022)This article explores the application and potential of financial crime risk indicators in international banking and mercantile transactions. Special emphasis is placed on lists of financial crime risk indicators which are ... -
Issues and Essence of Distribution Law in Germany : A Contribution in Honour of Professor Charl Hugo
(PER/PELJ, 2022)The focus of this article is on the law of contractual distribution systems which has evolved from the law of sales agents, mainly by way of judicial interpretation and intervention. The article explores the realm of ... -
A Critical Evaluation of the Use of Sanctions Clauses in Letters of Credit
(PER/PELJ, 2022)With the sharp increase in sanctions-related compliance requirements and expectations over the last decade, banks have sought various methods to mitigate the legal risk of engaging sanctioned persons or entities. The ... -
Tax Planning Using Interest An Organised Chaos for Those Interested
(PER/PELJ, 2022)Taxation of interest is one of the most complex areas of tax in South Africa. Various provisions apply to interest, with some regulating the inclusion of interest in gross income, others allowing for the deductibility of ... -
Beneficiary Fraud and Demand Guarantees
(PER/PELJ, 2022)It is settled in South African and English law that for the fraud exception to apply to demand guarantees or letters of credit the fraud must have been committed by the beneficiary (or his agent with the beneficiary's ... -
Should Market Value Be Retained as the Only Tax Base for Municipal Property Rates in South Africa?
(PER/PELJ, 2022)In terms of the Local Government: Municipal Property Rates Act 6 of 2004 (MPRA), metropolitan and local municipalities in South Africa may levy property rates on property. The MPRA provides for only one tax base, namely ... -
A Comparative Analysis of the Approach to the Conformity of a Supporting Statement Calling for Payment Under Demand Guarantees
(PER/PELJ, 2022)The core requirement of a demand guarantee is to receive payment through the delivery of documents or a call for payment that meets the requirements of the demand guarantee. The call for payment may be accompanied by a ... -
Integration of the Bride and the Courts : Is Integration as a Living Customary Law Requirement Still Required?
(PER/PELJ, 2022)After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into ... -
Direct-to-Consumer Genetic Testing in South Africa : Stumbling Over the First Legal Hurdle?
(PER/PELJ, 2022)Despite the growing popularity of direct-to-consumer genetic testing, there is minimal South African literature on the topic. The limited available research suggests that direct-to-consumer genetic testing is unregulated. ... -
Some Legal Options to Ensure the Protection of South Africa's Utilisable Groundwater Resources
(PER/PELJ, 2022)Groundwater, which is water that is found underground, is less susceptible than surface water resources to evaporation, and thus offers resilience against the impacts of climate change. Many South African cities, communities ... -
The Control and Eradication of Invasive Species in Urban Areas in terms of South African Law : The City of Cape Town and Polyphagous Shot Hole Borer Beetles
(PER/PELJ, 2022)The introduction and prevalence of invasive species is an alarming reality in South Africa. The emergence of invasive species has resulted in harmful consequences on various levels and has adverse impacts on the environment ... -
A Legal Perspective o n Sustainable Development a nd Urban Poverty i n South Africa
(PER/PELJ, 2022)The doctrine of sustainable development has its origins in the realm of international environmental law. This article considers its potential usefulness for the purposes of alleviating urban poverty in South Africa. Urban ...
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