Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 127-146 of 963
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"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 ... -
Compliance notices - a new tool in environmental enforcement
(2006)This note examines compliance notices, a new administrative remedy that has been created to assist in compliance and enforcement of environmental laws. The note considers the aim and scope of compliance and the process ... -
The Concept of a "Decision" as the Threshold Requirement for Judicial Review in Terms of the Promotion of Administrative Justice Act
(2011)The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken by specified persons or entities. The Act goes on to define decision as “any decision of an ... -
Concepts of Justice and National Context Outlining Legal Comparisons Between the Federal Republic of Germany, the United States of America, and the People's Republic of China
(PER/PELJ, 2022)Comparative law holds the promise of improving knowledge. Looking at other legal systems enables a nuanced understanding of the rules of one's own country. While comparative law traditionally starts with a concrete issue, ... -
Concern regarding the "debt" created by rule 14.10.9 of the government employees' pension fund rules
(2016)This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that ... -
Conflicting Levels of Engagement under the Interim Protection of Informal Land Rights Act and the Minerals and Petroleum Development Act: A Closer Look at the Xolobeni Community Dispute
(PER/PELJ, 2020)The South African customary land tenure system is currently administered in terms of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA). As the name suggests, this is a temporary measure to protect ... -
Consequences for non-payment of PAYE and VAT compared
(PER/PELJ, 2020)This article shows that, whereas a bilateral legal relationship exists between the South African Revenue Service (SARS) and a vendor in relation to value-added tax (VAT), a tri-partite legal relationship exists among ...