PER: Potchefstroom Electronic Law Journal
Potchefstroom Electronic Law Journal (PELJ)
Potchefstroomse Elektroniese Regsblad (PER)
ISSN 1727-3781 (online)
Focus and Scope
PELJ/PER publishes contributions relevant to development in the South African constitutional state. This means that most contributions will concern some aspect of constitutionalism or legal development. The fact that the South African constitutional state is the focus, does not limit the content of PELJ/PER to the South African legal system, since development law and constitutionalism are excellent themes for comparative work. Contributions on any aspect or discipline of the law are welcomed, as long as the main themes are addressed.
The scholarly rigour and the contribution that a manuscript makes to the development of legal scholarship serve as primary criteria for acceptance for publication. Contributions submitted are reviewed in two steps.
Step 1 is an internal evaluation where the editorial team ensures that:
- the contribution falls within the focus and scope of PELJ/PER;
- the quality and clarity of the language is good;
- the guidelines and referencing style have been complied with; and
- the contribution is on the face of it of an adequate level of scholarly quality.
Step 2 is an external evaluation where contributions accepted for review are subjected to anonymous blind reviews by at least two reviewers who will be selected according to availability and subject matter of the contribution.
Both international and national reviewers are invited to participate in the peer review of manuscripts submitted for possible publication. The average period for feedback to authors is four (4) months but longer periods have been experienced in certain cases.
Contributions which do not comply with the guidelines and referencing style will be rejected outright.
From 2016, PELJ/PER publishes continuously and contributions will be published as they become available.
PELJ/PER uses a digital object identifier (DOI), which is a unique alphanumeric string assigned by a registration agency (CrossRef) to identify content and provide a persistent link to its location on the Internet. The publisher assigns a DOI when an article is published and made available electronically
Copyright remains with the author/s of the article/s.
All articles published in PELJ/PER can be re-used under the following CC license: CC BY-SA Creative Commons Attribution-ShareAlike 4.0 International License.
Article Processing Charge
PELJ/PER charges an article processing fee for articles that are published. Currently, this fee is ZAR90 per page. Visit the website of the journal for any updates in this regard.
How to submit a contribution
Register and submit online at http://journals.assaf.org.za/per/index after you have read and complied with the requirements of PELJ/PER.
Editor-in-Chief: Prof Christa Rautenbach
- Prof Klaus D Beiter
- Prof Wian Erlank
- Prof Anél du Plessis
- Prof Sarel Francois du Toit
- Dr Oliver Fuo
- Dr Anél Gildenhuys
Collections in this community
Sounding the Alarm: Government of the Republic of Namibia v LM and Women's Rights during Childbirth in South Africa (PER/PELJ, 2018-08-10)Government of the Republic of Namibia v LM  NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the ...
Some Drastic Measures to Close a Loophole: The Case of Pienaar Brothers (PTY) LTD v Commissioner for the South African Revenue Service(87760/2014)  ZAGPPHC 231 (29 May 2017) and the Targeted Retroactive Amendment of Section 44 of the Income Tax Act58 of 1962 (PER / PELJ, 2018-06-22)A taxpayer has the right to arrange his tax affairs within the constraints of the law to his best advantage to pay the least amount of tax. Coupled with this right is the taxpayer's right ...
(PER /PELJ, 2018-05-30)A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in ...
Does Albinism Fit Within the Legal Definition of Disability in the Employment Context? A Comparative Analysis of the Judicial Interpretation of Disability under the SAand the USNon-Discrimination Laws (PER / PELJ, 2018-05-30)South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by ...
(PER / PELJ, 2018-05-17)Significant advances in cryogenic technology render it possible to freeze and store human gametes. Under appropriate laboratory conditions frozen gametes can remain viable for long periods of time. In consequence, it is ...
(PER, 2018-03-13)This contribution examines the criminal responsibility that is imposed upon parents for the delinquent acts of their children. As South African law has been swayed by the legal philosophy of Anglo-American jurisprudence, ...
"Violence" in Sport and the Violenti non fit Iniuria Defence: A Perspective on the Death of the Cricket Player Phil Hughes (PER, 2018-03-16)This article evaluates the defence of violenti non fit inuiria in sport with specific reference to the principle of bonos mores or the “good morals” in society to tolerate injuries in sport. The increased prevalence of ...
Pre-Agreement Assessment as a Responsible Lending Tool in South-Africa, the EU and Belgium: Part 2 (PER, 2018-03-19)Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" ...
Pre-Agreement Assessment as a Responsible Lending Tool in South-Africa, the EU and Belgium: Part 1 (PER, 2018-03-19)Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" ...
(PER, 2018-04-03)This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South ...
(PER, 2018-04-04)This contribution addresses the question regarding the legal nature of a cryopreserved embryo. Such preservation is a relatively modern development in the medical field. Neither Tennessee (USA) law nor European law provides ...
South Africans offering Foreign Military Assistance Abroad: How real is the Risk of Domestic Prosecution? (PER, 2018-03-13)This article discusses the efficacy of the existing Regulation of Foreign Military Assistance Act 15 of 1998, and the proposed Prohibition of Mercenary Activities and Regulation of Certain Activities in the Country of Armed ...
(PER, 2018-04-03)The recent judgment in Hanekom v Voigt 2016 1 SA 416 (WCC) is evaluated in the light of the traditional understanding of the testamentary trust. It is evaluated from both a testamentary disposition and a trust law perspective, ...
(PER, 2018-04-09)Modern-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime and consequently represent a ...
The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law (PER, 2018-03-16)The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them ...
(PER, 2018-03-16)In order to determine the extent to which intellectual property rights should enjoy protection under the constitutional property clause, some of the classical and newer justificatory theories for property may be employed, ...
An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part Two (PER, 2018-03-19)The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa with a view to suggesting law reform in the light of the most recent proposals put forward ...
An Analysis of the Regulatory Environment Governing Hearsay Electronic Evidence in South Africa: Suggestions for Reform – Part One (PER, 2018-03-19)The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa – with a view to providing clear, practical suggestions for regulatory reform in the context ...
Facing the Challenge of Improving the Legal Writing Skills of Educationally Disadvantaged Law Students in a South African Law School (PER, 2018-01-31)Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of ...
Pericles Should Learn to Fix a Leaky Pipe – Why Trial Advocacy Should Become Part of the LLB Curriculum (Part 2) (PER, 2018-01-23)The inescapable reality is that most law school graduates are headed for professional life. This means that law schools have some accountability for the competence of their graduates, and thus an educational responsibility ...