Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 121-140 of 963
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Cloete Murray and another v Firstrand Bank Ltd t/a Wesbank [2015] ZASCA 39
(2015)The approach to the interpretation of statutes once again received attention in the recent case Cloete Murray and another v FirstRand Bank Ltd which was decided in the Supreme Court of Appeal. The court , in this matter, ... -
Comment on the single marriage statute : implications for customary marriages
(PER/PELJ, 2021)The South African Law Reform Commission has proposed a single marriage statute to reconcile the several enactments regulating marriage in South Africa. This comment argues that the Bill should include old customary ... -
A commentary on the positive discrimination policy of India
(2009)Affirmative action and discriminatory measures are complex and controversial issues. The goal of affirmative action is to speed up the creation of a representative and equitable workforce and to assist those who were ... -
Commercial Appropriation of a Person's Image: Wells V Atoll Media (Pty) Ltd (Unreported 11961/2006) 2009 ZAWCHC 173 (9 November 2009)
(2011)Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity enjoyed by the stars and realise the value of associating merchandise or trademarks with ... -
The commission as a party before the court – reflections on the complementarity arrangement
(2016)The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the ... -
The commitee system for competitve bids in local government
(2009)When a municipality contracts for goods or services, it must make use of competitive bidding / a public call for tenders for contracts over R200 000 as well as for long term contracts. A competitive bidding process generally ... -
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1)
(PER/PELJ, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)
(PER/PELJ, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 3)
(PER/PELJ, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
Common problems affecting supranational attempts in Africa: an analytical overview
(2013)Ever since the colonial era, attempts have been made throughout the various regions of Africa at building supranational units chiefly for administrative and legal convenience. Examples of such attempts include the Federation ... -
Comparative analysis of access to patented HIV/AIDS pharmaceutical medicines through the Canadian and EU trips flexibilities measures: are they efficacious or overly burdensome and ineffective measures?
(2012)This paper evaluates the Canadian and the European Union's (EU) implementation of the World Trade Organisation (WTO) General Council Decision of 2003, which resolved that developed nations could export patented pharmaceutical ... -
A comparative analysis of the application of the 1951 refugee convention to victims of sexual violence in South Africa, Tanzania and Uganda
(PER/PELJ, 2020)This article seeks to ascertain whether refugees who are victims of sexual violence in contracting states enjoy access to courts per Article 16 of the United Nations (UN) Convention Relating to the Status of Refugees ... -
A Comparative Analysis of the Approach to the Conformity of a Supporting Statement Calling for Payment Under Demand Guarantees
(PER/PELJ, 2022)The core requirement of a demand guarantee is to receive payment through the delivery of documents or a call for payment that meets the requirements of the demand guarantee. The call for payment may be accompanied by a ... -
A comparative overview of the (sometimes uneasy) relationship between digital information and certain legal fields in South Africa and Uganda
(2014)The present article focuses on the (sometimes problematic) relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, ... -
Comparative Perspectives on the Keeping of Animals in Sectional (Strata) Title Schemes
(PER/PELJ, 2022)The aim of this article is to provide comparative perspectives on the keeping of animals in sectional title schemes by analysing the conduct rule for the keeping of animals, reptiles, and birds in the provisions of the ... -
A Comparison with Analysis of the SADC FIP before and after Its Amendment
(2017)Discourses on rights, duties and obligations predominantly take place within the context of constitutional, administrative and human rights law. In the last decade these debates have also begun to take place in international ... -
Compensating landowners? The state's (Limited) duty toward landowners in delayed eviction matters
(PER/PELJ, 2021)The unlawful occupation of private land creates a tension between the interests of the unlawful occupiers to avoid homelessness and the landowner to regain control of its property. To balance the interests and rights ... -
Compensation for what? An analysis of the outcome in Arun Property Development (PTY) LTD v Cape Town City
(2016)In Arun Property Development (Pty) Ltd v Cape Town City the Constitutional Court awarded compensation for land that vested in the City of Cape Town in terms of a regulatory framework. The regulatory framework, sections 25 ... -
Competing preferent community prospecting rights : a nonchalant custodian?
(2017)Traditional communities that were precluded from the benefits and financial rewards of exploitation of the mineral resources of South Africa are afforded the opportunity to lodge an application with the Department of Mineral ... -
Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research
(2008)Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as ...