Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 229-248 of 963
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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 ... -
Die adversatiewe stelsel van bewyslewering en die beste belang van die kind in egskeidingsaangeleenthede: enkele gedagtes oor “collaborative law” ter beslegting van ouerlike geskille
(2015)In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means ... -
Die akademie as professie
(2013)There is an obvious conceptual link between the words "professor" and "profession". May one however assume that being a professor entails belonging to a profession, an academic profession? One may have various motives for ... -
Die beperkings van regstellende gelykheid
(2004)This is a compact review and analysis of the state of equality law in South Africa . Specific reference is made to what has been called "remedial" or "restitutionary" equality. From the analysis it appears that current ... -
Die betekenis van die bepalings van die 1996 Grondwet: Die aanhef en hoofstuk 1
(1998)The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996. Due to the foundational and repetitive reference ... -
Die dialektiek in die waardes van die 1996 Grondwet
(1998)In his paper The Dialectics in the Values of the 1996 Constitution Jan Swanepoel discusses various value statements in the 1996 Constitution of the Republic of South Africa and focuses the attention on indications of a ... -
Die effek van 'n voorlopige sekwestrasiebevel – word my reg om 'n lid van die parlement te wees ingeperk?
(2015)The question asked in this article is inspired by the recent case of Mr Julius Malema. Why the matter is so important and has enjoyed so much attention, is the fact that it was widely suggested that a final order of ... -
Die geldigheidsvereistes van 'n trust opnuut ondersoek : Khabola v Ralithabo [2011] ZAFSHC 62
(2015)The trust is universally recognised and used. It is generally accepted that trust deeds meet the basic requirements. However, it is not always that simple and the courts are repeatedly forced to take deeds of trust under ... -
Die impak en grondwetlikheid van die reg om te staak met betrekking tot noodsaaklike dienste – 'n vergelykende studie
(2009)This article critically considers the application of and necessity for the right to strike, especially regarding employees that are employed in an essential service. The South African position is examined and compared to ... -
Die Mishandelde Vrou in die Strafreg: 'n Regsvergelykende ondersoek
(2009)This article seeks to critically examine recent criminal law developments in Australia, England and Wales that specifically address the situation in which battered women find themselves. This article specifically focuses ...