Browsing PER: 2013 Volume 16 No 4 by Title
Now showing items 1-14 of 14
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Arbitrary deprivation of an unregistered credit provider's right to claim restitution of performance rendered Opperman v Boonzaaier (24887/2010) 2012 ZAWCHC 27 (17 April 2012) and National Credit Regulator v Opperman 2013 2 SA 1 (CC)
(2013)The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to declare section 89(5)(c) of the National Credit Act unconstitutional. Therefore, the ... -
The conservation status of eagles in South African law
(2013)This contribution is an introductory survey and preliminary evaluation of the conservation status of eagles in South African law. The methodology is primarily an interdisciplinary literature study of legal texts and texts ... -
Constitutional basis for the enforcement of ''executive'' policies that give effect to socio-economic rights in South Africa
(2013)Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically ... -
Constitutional court 1995-2012: how did the cases reach the court, why did the court refuse to consider some of them, and how often did the court invalidate laws and actions?
(2013)The purpose of this article is to contribute data for the purposes of debates on how effectively the Constitutional Court performed its functions between 1995 and 2012. The cut-off date of 31 December 2012 has no other ... -
Constitutionalising the right legal representation at CCMA Arbitration Proceedings: law society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)
(2013)Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common ... -
Harnessing intellectual property for development: some thoughts on an appropriate theoretical framework
(2013)This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP ... -
The impact of the labour relations act on minority trade unions: a South African perspective
(2013)The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The ... -
Improving access to justice through compulsory student work at university law clinics
(2013)In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which ... -
"Pay now, argue later" rule – before and after the tax administration act
(2013)The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended ... -
The regulation of the possession of weapons at gatherings
(2013)The Dangerous Weapons Act 15 of 2013 provides for certain prohibitions and restrictions in respect of the possession of a dangerous weapon and it repeals the Dangerous Weapons Act 71 of 1968 as well as the different Dangerous ... -
The South African defence review (2012) and private military / security companies (PMSCs): heralding a shift from prohibition to regulation?
(2013)This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country ... -
Using a locum tenens in a private practice
(2013)Many medical practitioners in private practice use a locum tenens when they themselves are not available to practice. The locums are often appointed without consideration of the legal consequences or requirements. Legislation ...