Browsing PER: 2022 Volume 25 by Title
Now showing items 37-56 of 68
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Language Discrimination in the Context of South African Workplace Discrimination Law
(PER/PELJ, 2022)This contribution considers the role of language as a prohibited ground of unfair discrimination in the workplace in South Africa, an area of law that has been somewhat neglected in the literature to date. It starts by ... -
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 ... -
The Legal Relevance of Nature based Solutions for Sustainable Urban Development in South African Secondary Cities
(PER/PELJ, 2022)South Africa, like many other countries worldwide, strives for sustainable development. Increasing urbanisation and climate change are two of the main drivers of the global pursuit of sustainable development. Nature-based ... -
Lessons from UNCITRAL for Reforming the South African Legal Framework Concerning Security Rights in Movable Property
(PER/PELJ, 2022)This article analyses the South African legal framework governing security rights in movable property with a view to inspire law reform. The analysis is based on a comparison of the current South African framework with the ... -
The Management of African Workers' Wages at South African Mines : Law and Policy Before 1948
(PER/PELJ, 2022)The re-enactment of the context and the purposes of past laws obviates the resort to "principled forgetfulness", since South African law is recalled in a manner that is connected to its morality. The discussion of officially ... -
The Need for Monitoring and Assessment of Legal Aid Quality in South Africa
(PER/PELJ, 2022)Legal aid is needed in South Africa as one mechanism for poor South Africans to realise their legal rights and to use the law as a vehicle for positive social change in a grossly unequal society in which deep poverty is ... -
Once, Twice, Three Times Delayed : Considering a Permanent Stay of Prosecution in Rodrigues v The National Director of Public Prosecutions
(PER/PELJ, 2022)The National Prosecuting Authority is vested with the power, as dominus litus, to institute and discontinue charges whereas high courts are empowered to order a permanent stay of the prosecution prohibiting the continuation ... -
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)
(PER/PELJ, 2022)One of the consequences of sequestration is the vesting of the property of an insolvent person in the trustee of the insolvent estate. However, not all the property of the insolvent person vests in the trustee as there ... -
Personal Tribute to Charl Hugo
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Policy Considerations that Could Justify the Enactment of a Crime Victim Compensation Fund in South Africa
(PER/PELJ, 2022)It may be argued that the current legal position relating to crime victim compensation is unsatisfactory. It should therefore be asked whether there is a potential alternative for crime victim compensation. Many foreign ... -
Prioritising Command-and-Control Over Collaborative Governance : The Role of the Information Regulator Under the Protection of Personal Information Act
(PER/PELJ, 2022)Although the Protection of Personal Information Act 4 of 2013 (POPIA) wholeheartedly adopts the command-and-control features of the EU General Data Protection Regulation (GDPR), POPIA does not include many of the ... -
Promoting Access to Justice through the Broadcasting of Legal Proceedings
(PER/PELJ, 2022)This article considers a lack of legal literacy as a barrier to access to justice. The article then considers the potential effectiveness of introducing media-based teaching tools to South African society in an attempt ... -
Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis : a Disquisition on the Legal Framework
(PER/PELJ, 2022)The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's ʺdemocraciesʺ which, in itself, is eloquent evidence of the need for systemic arrangements to protect human ... -
The Protection of Personal Information Act 4 of 2013 in the Context of Health Research : enabler of Privacy Rights or Roadblock?
(PER/PELJ, 2022)Data is an exceptionally valuable asset – it is a fundamental part of the information age and is widely regarded as the world's most valuable resource. A key issue that has caused some debate in South Africa in recent times ... -
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)
(PER/PELJ, 2022)The 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) (FNB) decision led to the development of ... -
Re-orientation
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Relevance, Admissibility and Probative Value in a Rational System of Evidence : A South African Perspective
(PER/PELJ, 2022)In the South African legal system of fact finding and proof the relevance of an evidentiary fact is not governed by the rules of the law of evidence but by a set of extra-legal principles based on the logic of inferential ... -
A Reply to Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests
(PER/PELJ, 2022)Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests (Pregnancy Law) aims at providing a less adversarial angle related to the pregnant woman and the unborn within her by moving ... -
The Right to Electricity in South Africa
(PER/PELJ, 2022)In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While ... -
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 ...