Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 275-294 of 963
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Do boards of trustees of South African retirement funds owe fiduciary duties to both the funds and fund members? The debate continues
(2012)Over the years, the South African retirement fund industry has experienced major regulatory changes. These changes were aimed at imposing a higher standard of governance on the boards of trustees governing various pension ... -
Do the SALINI criteria apply to the definition of an investment provided in annex 1 of the 2006 and 2016 SADC protocol on finance and investment? An assessment
(PER/PELJ, 2020)An investment is the subject matter in an investor-state dispute settlement (ISDS or international arbitration) or litigation case. Therefore, there can be no such dispute if there is no investment to which the dispute ... -
Doctrinal sanction and the protection of the rights of religious associations: Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13) [2014] ZASCA 151
(2016)Scholarship on the protection of religious rights and freedoms in the context of religious associations in South Africa has gained in momentum since the decision by the Equality Court in Johan Daniel Strydom v Nederduitse ... -
The doctrine of quasi-mutual assent - has it become the general rule for the formation of contracts? The case of Pillay v Shaik 2009 4 SA 74 (SCA)
(2012)The doctrine of quasi-mutual assent is undoubtedly part of our South African law and has been affirmed and applied in a number of leading decisions. The purpose of this note is to offer a critical analysis of the application ... -
Does albinism fit within the legal definition of disability in the employment context? A comparative analysis of the judicial interpretation of disability under the SA and the US non-discrimination laws
(PER / PELJ, 2018)South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by ... -
Domestic Partners and "The Choice Argument": Quo Vadis?
(2015)In the absence of formal legal recognition, domestic partners are required to regulate the consequences of their relationship by utilising alternative regulatory measures and remedies which are, for the most part, inadequate. ... -
Double taxation treaty interpretation : lessons from a case down under
(PER/PELJ, 2020)In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain ... -
Driving corporate social responsibility (CSR) through the companies act: an overview of the role of the social and ethics committee
(2013)The corporate social responsibility (CSR) movement can be described as a bundle of trends comprising regulatory frameworks aimed at improving corporate practices and leading to changes in these practices, the mobilisation ... -
The Dutch crisis and Recovery Act: Economic recovery and legal crisis?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In the Netherlands, the 2010 Crisis and Recovery Act aims at speeding up decisionmaking on a wide variety of activities, hoping that after the financial and economic crisis has passed, development projects can immediately ... -
A duty of support for all South African unmarried intimate partners Part 2: Developing customary and common law and circumventing the volks judgment
(PER / PELJ, 2018)Part I of this two-part article argued that post-constitutional developments of the right to support have excluded the largest and most vulnerable sector of South African women – African women in invalid customary marriages ... -
A duty of support for all South African unmarried intimate partners Part I: The limits of the cohabitation and marriage based models
(PER / PELJ, 2018)The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had ... -
A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
The duty to effect an appropriate mode of payment to minor pension beneficiaries under scrutiny in death claims
(2009)This note focuses on the payment into a trust arrangement in favour of a minor beneficiary as contemplated in terms of section 37C (2) of the Pension Funds Act 24 of 1956. The aim is to examine the criteria under which the ... -
The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?
(PER/PELJ, 2018)The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to ensuring a fair trial. The purpose of the right to remain silent is to ensure that the state bears the ... -
Ecosystem services and international water law: towards a more effective determination and implementation of equity?
(2013)Interest in an ecological- or an ecosystem-centred approach to natural resource management is not new, and in the case of water management has been very well emphasised for many decades. Recently however, a new focus has ... -
Editorial : Festschrift for Charl Hugo
(PER/PELJ, 2022) -
EDITORIAL: Legal Interpretation after Endumeni: Clarification, contestation, application
(PER/PELJ, 2019)This special edition consists of a selection of contributions delivered during a conference "Towards an integrated approach to the interpretation of legal documents: contracts, wills and statutes", hosted by the University ... -
Editorial: Special Edition Engaging with African Customary Law: Legal History in Contemporary South Africa
(2017)This special edition consists of a selection of contributions delivered an event on "Custom, Oral History and Law: Writing South African Legal History", co-hosted by the Law School, University of Edinburgh and the Faculty ... -
Editorial: Special Edition on corporate and financial markets law: embracing technology in corporate, securities and financial markets law and the combating of financial crimes in the 4th Industrial Revolution
(PER/PELJ, 2021)This special edition consists of a selection of contemporary and well thought out academic contributions that were developed into full journal articles by presenters who delivered their key findings at the 2nd Annual ... -
EDITORIAL: Special Edition The Universal Declaration of Human Rights at 70 : African Perspectives on Progress and Prospects
(PER/PELJ, 2020)This special edition comprises selected papers on critical reflections on the 70th anniversary of the Universal Declaration of Human Rights (UDHR). The authors critique the contextual relevance of the UDHR to the implementation ...