Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 145-164 of 963
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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 ... -
The consequences of the statutory regulation of customary law: an examination of the South African customary law of succession and marriage
(PER/PELJ, 2019)In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification and distortion of law. This article examines the effects of statutory ... -
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 analysis of intellectual property
(2014)This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) ... -
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 ... -
The constitutional influence on organ transplants with specific reference to organ procurement
(2014)This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a ... -
Constitutional law and international law at the turn of the century
(1998)Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both ... -
The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights
(2015)Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights ... -
The constitutional protection afforded to child victims and child witnesses while testifying in criminal proceedings in South Africa
(PER/PELJ, 2019)The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children ... -
The Constitutional Rules of Succession to the Institution of Monarch in Lesotho
(PER/PELJ, 2019)The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the ... -
The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure
(2009)An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution Summary 1 At the outset it should be pointed out that this article ... -
Constitutional values, therapeutic jurisprudence and legal education in South Africa: shaping our legal order
(2016)Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest ... -
The constitutionalisation of the test for statutory illegality in South African contract law: Cool ideas v Hubbard 2014 4 SA 474 (CC)
(PER / PELJ, 2018)This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) ... -
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 ... -
The constitutionality of biological father's recognition as a parent
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act1 still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities ...