Browsing PER: 2011 Volume 14 No 7 by Issue Date
Now showing items 1-10 of 10
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The problems of proving actual or apparent bias: an analysis of contemporary developments in South Africa
(2011)This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator ... -
Third party fraud inducing material mistake - Slip Knot Investments 777 (PTY) LTD v Du Toit 2001 4 SA 72 (SCA)
(2011)In Slip Knot Investments v Du Toit 2011 4 SA 72 (SCA) the Supreme Court of Appeal had to determine if the material mistake of a contractual party induced by the fraud of an independent third party could sustain a plea of ... -
Analysing the onus issue in dismissals emanating from the enforcement of unilateral changes to conditions of employment
(2011)The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court ... -
Unauthorised adaptation of computer programmes - is criminalisation a solution? - Haupt T/A Softcopy v Brewers Marketing Intelligence (PTY) LTD 2006 4 SA 458 (SCA)
(2011)In Haupt t/a Softcopy v Brewers Marketing Intelligence (Pty) Ltd 2006 4 SA 458 (SCA) Haupt sought to enforce a copyright claim in the Data Explorer computer programme against Brewers Marketing Intelligence (Pty) Ltd. His ... -
The devil is in the definition - definitions and their limited use in legal problem solving
(2011)The lawyer’s usual attempt to catch the meaning of a thing by entangling it in a net of words is based on a common misapprehension of the way words work. The great minds of the ages have since time immemorial reminded us ... -
African indigenous land rights in a private ownership paradigm
(2011)It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indige-nous land rights systems are necessarily "communal" in nature, ... -
Human rights that influence the mentally ill patient in South African medical law: a discussion of sections 9; 27; 30 and 31 of the constitution
(2011)The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection ... -
South African private security contractors active in armed conflicts: citizenship, prosecution and the right to work
(2011)South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of the global economy: the private security industry. Not only is this legislation completely unique, ... -
Justice delayed is justice denied: protecting miners against occupational injuries and diseases: comments on Manyaki v Anglogold Ashanti LTD 2011 32 ILJ 545 (CC)
(2011)In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC) the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and ...
