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Browsing PER: Potchefstroom Electronic Law Journal by Title

Browsing PER: Potchefstroom Electronic Law Journal by Title

Now showing items 15-34 of 324

Artikel 2 (3) van die wet op testamente: 'n Praktiese probleem by Litigasie

Jamneck, J (2008)

When considering applications in terms of section 2(3) of the Wills Act 7 of 1953, one is confronted with the practical problem that a document may be accepted as a will in terms of section 2(3) but from the facts it may ...
Aspects of land administration in the context of good governance

Pienaar, Gerrit (2009)

Recent international developments have emphasised the importance of good governance in land administration. Good governance practices are inter alia predictable, open and enlightened policy-making; accountable and transparent ...
The balancing of conflicting rights in the application of section 49 of The Criminal Procedure Act

De la Harpe, Stephen; Van der Walt, Tharien (2003)
Battered women and the requirement of imminence in self-defence

Goosen, Samantha (2013)

Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most ...
Behoort die saaklike ooreenkoms aan vormvereistes onderwerp te word?

Schutte, P J W (North-West University (Potchefstroom Campus), Faculty of Law, 2008)
The Bench and Academia

Harms, L T C (2009)
The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land

Humby, T (2012)

Although developments subsequent to the judgment have undermined the value of the decision for the community involved, the Constitutional Court's judgment in the Bengwenyama matter provides a welcome precedent on the ...
Bernard Bekink’s principles of South African local government law

Du Plessis, Anél (2006)
The best of both worlds? some reflections on the interaction between the common law and the Bill of rights in our new constitution

O'Regan, K (1999)

The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed in this paper. "Common law" is understood broadly to include not only the Roman-Dutch law, but also the ...
Between economic and legal analysis of incorporated things: a critical "no" to Aedilitian remedies

Kilian, C G (2006)

This article analyses the dictum of the Phame v Paizes 1973 3 397 (A) within economic and legal principles to determine whether incorporeal things could possess characteristics of value or quality characteristics as in ...
Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA) Law and Sustainable Development

Murombo, T (2008)
The binding effect of the constitutive documents of companies: The 1973 and 2008 Companies Acts of South Africa

Morajane, Tebogo C R (North-West University (Potchefstroom Campus), Faculty of Law, 2010)

This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008. The aim is ...
Book Review: Unraveling Socially Responsible Investment Law. Regulating the Unseen Polluters - By Benjamin J Richardson (Oxford University Press. 2008)

Ronquest, M (2008)
A brief overview of the Civil Union Act

Ntlama, Nomthandazo (North-West University (Potchefstroom Campus), Faculty of Law, 2010)

The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution ...
But is it speech? Making critical sense of the dominant constitutional discourse on pornography, morality and harm under the pervasive influence of United States first amendment

Van der Poll, L (2012)

Under the pervasive influence of United States First Amendment jurisprudence, adult gender-specific sexually explicit (or “pornographic”) material is conceptualized, and thus protected in the “marketplace of ideas”, as ...
Can decentralisation contribute to promoting rule-of-law structures? The democratic republic of Congo, Rwanda and Burundi as examples

Hamann, H (2012)

Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing ...
Can the application of the human rights of the child in a criminal case result in a therapeutic outcome?

Coetzee, Enid (North-West University (Potchefstroom Campus), Faculty of Law, 2010)

Prior to the change brought about by S v M,1 the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order ...
Can traditional knowledge be effectively covered under a single "umbrella?"

Van der Merwe, Andre (North-West University (Potchefstroom Campus), Faculty of Law, 2010)
Cave pecuniam: lawyers as launderers

Hamman, A J; Koen, R A (2012)

The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money ...
Challenge and Opportunity: the ALI/III Global Principles Project

Fletcher, I. F (2008)

This article deals with an international project to establish the extent to which it is feasible to achieve a worldwide acceptance of the Principles of Cooperation among the NAFTA Countries together with the Guidelines ...