Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 182-201 of 963
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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 ... -
A Critical Analysis of the New Equal Pay Provisions Relating to Atypical Employees in Sections 198A-198D of the LRA: Important Lessons from the United Kingdom
(2017-12-19)The Employment Equity Act 55 of 1998 (EEA) is the main piece of legislation which seeks to achieve equity in the workplace by redressing unfair discrimination. Unequal pay for equal work and work of equal value are specific ... -
A critical appraisal of the juvenile justice system under Cameroon's 2005 criminal procedure code: emerging challanges
(2012)The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was ... -
A critical appraisal of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC)
(2015)The 2011 the Western Cape Forum for Intellectual Disability v Government of The Republic of South Africa case flagged a lot of issues faced by persons with disabilities relating to access to education in South Africa. The ... -
A critical assessment of the minimum age convention 138 of 1973 and the worst forms of child labour convention 182 of 1999
(2013)The International Labour Organisation (the ILO) has regulated child labour through the Minimum Age Convention and the Worst Forms of Child Labour Convention. Such conventions aim at the reduction and eventual elimination ... -
A Critical Evaluation of the Use of Sanctions Clauses in Letters of Credit
(PER/PELJ, 2022)With the sharp increase in sanctions-related compliance requirements and expectations over the last decade, banks have sought various methods to mitigate the legal risk of engaging sanctioned persons or entities. The ... -
A critical investigation of the relevance and potential of IDPs as a local governance instrument for pursuing social justice in South Africa
(2013)Unlike the situation in the past, when local government’s role was limited to service delivery, local government is now constitutionally mandated to play an expanded developmental role. As a “co-responsible” sphere of ... -
A critique of the key legislative framework guiding civil liberties in Zimbabwe
(2012)The dynamic and controversial nature of Zimbabwean politics has manifested itself through several undemocratic practices, including restrictive legislation which sought to diminish participatory spaces and/or curtail ... -
A critique of the unemployment insurance amendment bill, 2015
(2015)The contribution critically reflects on the proposed amendments to the Unemployment Insurance Act 63 of 2001 (the UIA / the Act), introduced via the provisions of the Unemployment Insurance Amendment Bill of 2015 (B25-2015). ... -
Cross-Border Insolvency Law in Europe: Present Status and Future Prospects
(2008)In May 2007 the European countries celebrated the first lustrum of the EU Insolvency Regulation (1346/2000). This article describes where Europe stands with its model which is based on well known theories of private ... -
Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore
(2008)Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article ... -
Cryptocurrency : towards regulating the unruly Enigma of Fintech in Nigeria and South Africa
(PER/PELJ, 2021)One of the most modern inventions of financial technology (FinTech) since after the global financial crisis of 2008 is the crypto or virtual currency/asset. Since the creation of the first cryptocurrency, the Bitcoin, in ... -
Cultural Practices and HIV in South Africa: A Legal Perspective
(2009)South Africa has not escaped the rising prevalence and severe impact of HIV/AIDS in relation to women. From an economic and social vantage point, the HIV/AIDS epidemic effects women the hardest, with underprivileged black ... -
Culture (and religion) in constitutional adjudication
(2003)The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional ... -
Curriculum decolonisation and Revisionist Pedagogy of African Customary Law
(PER/PELJ, 2019)Fees-related protests in South African universities have pushed the decolonisation of the law curriculum to the front burner of academic discourse. As part of the curriculum, African customary law was marginalised in the ... -
The Customary Anatomy of the Traditional Governance of the Bafokeng Traditional Community: The Implications of the Constitutional Recognition of Hereditary Headmanship
(2017-10-18)The institution of the hereditary headmanship of the Bafokeng traditional community in the North West Province, South Africa has been in existence from time immemorial. It survived the calamities and vicissitudes of both ... -
A customary right to fish when fish are sparse: managing conflicting claims between customary rights and environmental rights
(2013)This contribution considers the potential conflicts that may arise between customary rights and environmental rights in the face of dwindling marine resources. It sets the scene by reflecting on some of the common themes ... -
Cyberbullying: should schools choose between safety and privacy?
(2015)In this theoretical article, we explore the tangled messiness of the application of human rights versus the 21st-century monster called "cyberbullying" in schools and focus on some of the challenges schools face daily. The ... -
Damages Arising from Contraventions of Competition Act 89 of 1998
(PER/PELJ, 2019)Persons who have suffered loss or damage as a result of a prohibited practice in terms of the Competition Act89 of 1998 (the Act) have the right to recover such damage in the civil courts. This ...