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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...