Browsing PER: 2022 Volume 25 by Title
Now showing items 1-20 of 31
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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 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 ... -
Bullying in the Workplace : The Plight of South African Employees
(PER/PELJ, 2022)This article discusses the prevalence of bullying in South African workplaces as well as the causes and symptoms thereof and the shortcomings in the current protection available to victims. Jurisprudence indicates that in ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
Environmental Stewardship: Confluence of Law and Religion?
(PER/PELJ, 2022)Why should we bear responsibility for the degradation of the environment? A wide range of responses is on offer to this question. Common to them all is that they are all rooted in one or the other ontological and epistemic ... -
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 ... -
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 ... -
Genetically Modified Mosquitoes to Fight Malaria in Nigeria, Burkina Faso, Mali and Uganda : What Legal Response?
(PER/PELJ, 2022)Advanced applied research on genetically modified (hereafter GM) insects is being undertaken to control insect vectors of human diseases such as mosquitoes. GM insect technologies are being developed in countries where ... -
"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
(PER/PELJ, 2022)In December 2021 the Constitutional Court delivered judgment in Bwanya v Master of the High Court, Cape Town. The court ruled that survivors of life-partnerships "in which the partners undertook reciprocal duties of support" ... -
Independent Candidacy and Electoral Reform : New Nation Movement NPC v President of the Republic of South Africa
(PER/PELJ, 2022)In the New Nation case, the Constitutional Court declared the provisions of the Electoral Act that prevent independent candidates from competing in provincial and national elections unconstitutional. It ruled that the ... -
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)
(PER/PELJ, 2022)This contribution is an investigation into the role of implicit (as opposed to explicit) biases in judicial rulings by examining the judgment of Chetty J in Mbena v Minister of Justice and Correctional Services 2015 4 All ... -
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 ... -
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 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 ...
