Browsing PER: 2022 Volume 25 by Issue Date
Now showing items 1-20 of 31
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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 ... -
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 ... -
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 ... -
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 ... -
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 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 ... -
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 ... -
Corporate Power, Human Rights and Urban Governance in South African Cities
(PER/PELJ, 2022)This article is concerned with the extent to which corporations involved in governing South African cities and towns are bound to the developmental objectives and socio-economic rights that urban governance efforts are ... -
Facing the Music through Environmental Administrative Penalties : Lessons to be Learned from the Implementation and Impact of Section 24G?
(PER/PELJ, 2022)Section 24G was inserted into the National Environmental Management Act 107 of 1998 to provide a mechanism for authorising activities that commence unlawfully. It contains South Africa's only environmental administrative ... -
Towards a More Uniform Approach to Parenting Coordination in South Africa
(PER/PELJ, 2022)Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms ... -
Defining the Urban Edge - A Guide to its Implementation for Sustainable Development
(PER/PELJ, 2022)As relics of the legacy of apartheid, the boundaries of cities have expanded exponentially. The notion of the urban edge has therefore been introduced as a planning tool to prevent further sprawl and has become an ... -
King v De Jager : Implications for Religion Based Discrimination in Wills
(PER/PELJ, 2022)In King v De Jager 2021 5 BCLR 449 (CC), the Constitutional Court held that a clause in a private will that unfairly discriminated against beneficiaries based on gender was unlawful and unenforceable. This note considers ... -
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 ... -
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 ... -
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 Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers
(PER/PELJ, 2022)As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions. The Draft National Health Insurance Bill, 2019 ... -
Uncertainty About the Condonation of Formally Non Compliant Wills, and the Rectification of Cross Signed Mirror Wills : is an Act Based Model the Solution?
(PER/PELJ, 2022)A recent contribution proposed a processual act-based approach to conceptualising wills in South African law. This approach regards a will as the product of a will-making process in which various parties perform specific ... -
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. ...
