Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 247-266 of 963
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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 ... -
Die moontlike regshervorming van die integrasiereël in die Suid-Afrikaanse kontraktereg deur middel van die leerstuk van rektifikasie
(2014)As far back as the early twentieth century the Appellate Division in Cassiem v Standard Bank of SA Ltd, held that: “We are bound by the English rules of evidence and the question has therefore to be decided according to ... -
Die nasionalisering van waterregte in Suid-Afrika: ontneming of onteiening?
(2003)South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of ... -
Die reg op regsverteenwoordiging tydens administratiewe verrigtinge
(2004)The question whether a person is entitled to legal representation is normally posed during disciplinary proceedings, but is also relevant to other types of administrative proceedings. No absolute right to legal representation ... -
Die reg van die homoseksuele ouer om beheer en toesig oor 'n kind te verkry in die lig van die bepalings van die Grondwet
(1999)The problematic nature of the right of a homosexual parent to vest custody over a child is biarticulated: the nature and extent of custody disputes as well as the issues of discrimination based on sexual orientation are ... -
Die Reg van die Kind op Kontak met Beide Ouers: Opmerkings na Aanleiding van Onlangse Ontwikkelinge in die Nederlandse Reg
(2011)This contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have ... -
Die rol van en beperkings op die regbank om sosiale vrede in Suid-Afrika te bevorder
(2012)Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012. He dealt with ... -
Die status en beskerming van meerderjariges met beperkte handelingsbevoegdheid
(PER/PELJ, 2020)The Status and Protection of Majors with Impaired Capacity to Act In this contribution the focus falls on the capacity to act of majors who, due to mental or physical disabilities, lack the ability to make sound decisions ... -
Die Toepassing van die Wet op Beroepsgesondheid en Veiligheid en ander Veiligheidsmaatreëls by Skole se Tegnologiewerkswinkels
(PER/PELJ, 2022)Empirical research conducted by education researchers over a period of approximately 20 years confirms that uncertainty exists whether the provisions of the Occupational Health and Safety Act (OHSA) apply to technology ... -
Die Wenslikheid van Afrikaans as Vaktaal vir Regstudente
(2011)Since 1994 the official language status in South Africa went from two state languages to eleven. This caused English to stand out as the lingua franca of the wider community and resulted in government using English as ... -
Differences between members and shareholders of a friendly society and the payment of dividends : a South African–Australian perspective
(PER/PELJ, 2021)This article focusses on a very specific problem statement, namely how shareholder society relationships are viewed in Australia and South Africa. Friendly societies are special "legal creatures" enjoying legal personality ... -
The different worlds of labour and company law: truth or myth?
(2014)Recently the South African company law landscape underwent a dramatic overhaul with the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance. It is clear that companies ... -
Digital financial services : prospects and challenges
(PER/PELJ, 2021)Digital financial services (DFSs), being financial services accessed and delivered through digital channels, have grown rapidly in South Africa as well as globally. The adoption of the technology for DFSs has led to an ... -
Digitalisation in the Health Sector : A South African Public Law Perspective
(PER/PELJ, 2022)The landscape of the health sector in South Africa as seen from a regulatory perspective is rapidly changing under the disruptive impact of digitalisation. Drawing on a paradigm of "strong rights" protection, particularly ... -
Dilemma of Muslim women regarding divorce in South Africa
(2004)On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married ... -
The direct applicability of SADC community law in South Africa and Zimbabwe: a call for supranationality and the uniform application of SADC community law
(PER, 2018)The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them ... -
Direct-to-Consumer Genetic Testing in South Africa : Stumbling Over the First Legal Hurdle?
(PER/PELJ, 2022)Despite the growing popularity of direct-to-consumer genetic testing, there is minimal South African literature on the topic. The limited available research suggests that direct-to-consumer genetic testing is unregulated. ... -
Director and Officer Liability in the Zone of Insolvency; A Comparative Analysis
(2008)It is the duty of the directors of a company to run the business of the company in the best interests of the company and its shareholders. In principle, the company, alone, is responsible for the debts incurred in the ... -
Director's Duty to Act for a Proper Purpose in the Context of Distribution under the Companies Act71 of 2008
(PER/PELJ, 2019)This paper seeks to critically analyse the requirements of the duty imposed on directors to act for a proper purpose as provided in section 76(3)(a) of the 2008 Act (Companies Act71 of 2008)whenever ...