Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 163-182 of 963
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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 ... -
The Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers
(PER/PELJ, 2022)As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions. The Draft National Health Insurance Bill, 2019 ... -
The constitutionality of the prohibition of hate speech in terms of section 10(1) of the equality act: A reply to Botha and Govindjee
(PER/PELJ, 2019)This is a reply to a critique by Botha and Govindjee (2017 PELJ 1-32) of our interpretation of the hate speech provisions of the Equality Act (Promotion of Equality and Prevention of UnfairDiscrimination Act 4 of 2000) in ... -
The Consumer Protection Act 68 of 2008 and Parol Evidence
(PER/PELJ, 2021)The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic ... -
The consumer protection act 68 of 2008 and procedural fairness in consumer contracts
(2015)In general, the concept "contractual fairness" can be narrowed down, described and analysed with reference to the two interdependent types of fairness – substantive and procedural fairness. Measures aimed at procedural ... -
Contemporary Legal Issues in Electronic Commerce in Nigeria
(2008)The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions ... -
Contentious Issues Arising from Payments made in Full and Final Settlement
(2008)Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion: Be Bop A Lula Manufacturing & Printing v ... -
A contextual analysis of the hate speech provisions of the equality act
(2015)The article presents a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Equality Act. It is argued that this provision is not primarily intended to describe and ... -
"Contributory intent" as a defence limiting delictual liability
(2014)In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may ... -
The Control and Eradication of Invasive Species in Urban Areas in terms of South African Law : The City of Cape Town and Polyphagous Shot Hole Borer Beetles
(PER/PELJ, 2022)The introduction and prevalence of invasive species is an alarming reality in South Africa. The emergence of invasive species has resulted in harmful consequences on various levels and has adverse impacts on the environment ... -
The conundrum of judicial notice as a means of ascertaining customary law in Nigerian and South african courts amid the convergence of positivism and legal pluralism
(PER/PELJ, 2019)The roles of the courts have become an inevitable social reality in adjudicating customary law disputes in Nigeria and South Africa. Because these courts are established and validated along positivist practice, they ... -
Copyright Reform in South Africa : Two Joint Academic Opinions on the Copyright Amendment Bill [B13B 2017]
(PER/PELJ, 2022)South Africa is in the process of reforming its copyright law, attempting to update and align it with constitutional rights and existing and prospective international treaty obligations. With the adoption of the Copyright ... -
The core meaning of human dignity
(2016)The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult ... -
Corporate Power, Human Rights and Urban Governance in South African Cities
(PER/PELJ, 2022)This article is concerned with the extent to which corporations involved in governing South African cities and towns are bound to the developmental objectives and socio-economic rights that urban governance efforts are ... -
"Corrective rape" of lesbians in the era of transformative constitutionalism in South Africa
(2015)There have been numerous incidents of “corrective” rape of lesbians in recent years. This article examines the adequacy of the existing South African legal framework to deal with incidents of “corrective” rape against the ... -
Corruption and Corporate Governance in Namibia : an analysis of the strategic approaches in the 4th Industrial Revolution
(PER/PELJ, 2021)The advent of new technology and the 4th Industrial Revolution has introduced new facets of corporate crimes and regulatory challenges for the enforcement of anti-corruption laws. Acknowledging the negative effects of ... -
Corruption and human rights law in Africa (2016 Hart Publishing, Oxford)
(PER, 2018-01-16)This contribution reviews the book by Kolawole Olaniyan on corruption and human rights law in Africa. The book, Corruption and Human Rights Law in Africa, provides a framework for complementarity between promoting and ... -
Court supervised institutional transformation in South Africa
(2015)The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of ... -
Creating a servitude to solve an encroachment dispute: a solution or creating another problem?
(2013)The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally problematic) perspective to the encroachment problem. The ...