Browsing PER: 2022 Volume 25 by Issue Date
Now showing items 21-40 of 68
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Die Toepassing van die Wet op Beroepsgesondheid en Veiligheid en ander Veiligheidsmaatreëls by Skole se Tegnologiewerkswinkels
(PER/PELJ, 2022)Empirical research conducted by education researchers over a period of approximately 20 years confirms that uncertainty exists whether the provisions of the Occupational Health and Safety Act (OHSA) apply to technology ... -
The Appraisal Right in terms of Section 164 of the Companies Act 71 of 2008 : an Overview
(PER/PELJ, 2022)The appraisal right in terms of section 164 of the Companies Act 71 of 2008 has been applicable to fundamental transactions undertaken by companies for a number of years. The first two aims of this article are first to ... -
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 ... -
Debunking the Master of the High Court's Assumed Approval Authority Over a Redistribution Agreement in a Deceased Estate
(PER/PELJ, 2022)A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the ... -
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 ... -
Appraisal of Selected Themes on the Impact of International Standards on Labour and Social Security Law in South Africa
(PER/PELJ, 2022)For many years, South African courts have relied on International Labour Organisation conventions to interpret and give meaning to the fundamental social security and labour law rights enshrined in the Constitution, 1996. ... -
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 ... -
First Do No Harm : Legal Principles Regulating the Future of Artificial Intelligence in Health Care in South Africa
(PER/PELJ, 2022)What sets AI systems and AI-powered medical robots apart from all other forms of advanced medical technology is their ability to operate at least to some degree autonomously from the human health care practitioner and to ... -
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 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 ... -
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
(PER/PELJ, 2022)Unlike in the constitutions of other African countries such as Botswana and Lesotho, where the relationship between the High Court and courts martial is stipulated, the Ugandan Constitution 1995 (the Constitution) does not ... -
An Analysis of South Africa's Provision of Emergency Water Supply During the Covid 19 Pandemic : Accountability and Expiration
(PER/PELJ, 2022)The COVID-19 pandemic has illuminated the widespread lack of access to adequate water and sanitation in South African informal settlements and rural areas. While the full complexities of the relationship between inequality, ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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. ... -
Digitalisation in the Health Sector : A South African Public Law Perspective
(PER/PELJ, 2022)The landscape of the health sector in South Africa as seen from a regulatory perspective is rapidly changing under the disruptive impact of digitalisation. Drawing on a paradigm of "strong rights" protection, particularly ... -
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 ...
