Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 220-239 of 963
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Delivery of the Compulsory Section 129(1) Notice as required by the National Credit Act of 2005*
(PER/PELJ, 2018)In terms of section 129(1) of the National Credit Act 34 of 2005 (NCA), a credit provider first needs to provide a consumer with notice of his default and a list of possible remedies to overcome the default, before enforcing ... -
Demographic and social factors influencing public opinion on prostitution: an exploratory study in Kwazulu-Natal province, South Africa
(2012)This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors which might influence these attitudes. It also investigates the complex relationship ... -
Demystification of the Inquisitorial System
(2011)Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Procedure Act requires a revamp. Lessons can be learnt from the inquisitorial systems but local lawyers have preconceived ... -
Demystifying hate speech under the PEPUDA
(PER/PELJ, 2020)The factual matrix that is considered in each hate speech case differs from that in the next. However, certain factors always remain key in the process of balancing the different constitutional rights at play: who the ... -
Demystifying the role of copyright as a tool for economic development in Africa : tackling the harsh effects of the transferability principle in copyright law
(2014)In the English common law tradition copyright is seen as being in the nature of a property right and thus alienable and transmissible from one person to the other. In contrast, the droit d’auteur system of Continental ... -
Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten
(2008)Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The ... -
Derivative misconduct and forms thereof: Western Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC)
(2016)Western Platinum Refinery Ltd v Hlebela 2015 36 ILJ 2280 (LAC) ("Hlebela") required the Labour Appeal Court to grapple with difficult questions presented by a generic dilemma which confronts an employer who is faced with ... -
Determining the content of indigenous law with special reference to recording of the law - continental views
(PER/PELJ, 2019)This special edition comprises a selection of contributions delivered at a conference hosted by the Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town in collaboration with its research ... -
Determining the effect (the social costs) of exclusion under the South African exclusionary rule: should factual guilt tilt the scales in favour of the admission of unconstitutionally obtained evidence?
(2012)Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of unconstitutionally obtained evidence in criminal trials. Three groups of factors must be considered to assess whether ... -
Determining the true reason for an alleged section 187(1)(c) dismissal: a discussion of National Union of Metalworkers of South Africa v Aveng Trident Steel (a Division of Aveng Africa (Pty) Ltd) (2021) 42 ILJ 67 (CC)
(PER/PELJ, 2021)On 27 October 2020, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa v Aveng Trident Steel (A Division of Aveng Africa (Pty) Ltd) 2021 42 ILJ 67 (CC). Following the judgment, ... -
Deterministic application of Process-centric Law to the System-centric Requirements of Procurement Procedures
(PER/PELJ, 2021)South Africa's public procurement system is accorded constitutional status, establishing fundamental requirements for the operation of the system. The application of these constitutional system requirements and their ... -
Developing countries and copyright in the information age - the functional equivalent implementation of the WCT
(2006)Digital technology has had a profound impact on copyright law. The implementation of the WIPO Copyright Treaty (WCT) and the enforcement of technological protection measures have led to disparate forms of copyright protection ... -
The development of cryptocurrencies as a payment method in South Africa
(PER/PELJ, 2021)The use of currency as a medium of exchange for goods and services is essential in our daily lives. The concept of currency evolved from bartering to the use of coins and notes and now to the current digital age as the ... -
The development of international law through the unauthorised conduct of international institutions
(2015)The law, including international law, is subject to continuous change. It can be adapted to changing circumstances through formal amendments of or additions to existing norms and practices. It can also be changed through ... -
The Development of the Interface between Law, Medicine and Psychiatry: Medico-Legal Perspectives in History
(2009)Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible acts of impostors. Various legal codes dealing with medical malpractice existed in ... -
Developmental and environmental responsibilities of the "Rechtsstaat"
(1999)The most important difficulty facing a Rechtsstaat idea when it comes to the realization of "sustainable development", lies in the structural differences between the constitutional order based on the Rechtsstaat on the ... -
The devil is in the definition - definitions and their limited use in legal problem solving
(2011)The lawyer’s usual attempt to catch the meaning of a thing by entangling it in a net of words is based on a common misapprehension of the way words work. The great minds of the ages have since time immemorial reminded us ... -
Did i break it? recording indigenous (Customary) Law
(PER/PELJ, 2019)In this paper, I explore several issues emerging in the discourse about the recording of indigenous law by drawing on several examples of my research and work with indigenous law in Canada. This is an important inquiry ... -
Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag
(2000)This article focuses on the nature of legislative discretions in the hands of the executive authority of the state. Relevant concepts are analysed, followed by an exposition of the position regarding delegation of ...