Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 34-53 of 963
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Apartheid's Alcatraz: the Barberton Prison Complex during the early 1980s - Part one
(2015)The purpose of this two-part article is to examine in detail the public discourse surrounding the Barberton Prison Complex during the early 1980s, at the height of the apartheid era. The prisons within the Barberton Prison ... -
Apartheid's Alcatraz: the Barberton Prison Complex during the early 1980s - Part two
(2015)The purpose of this two-part article is to examine in detail the public discourse surrounding the Barberton Prison Complex during the early 1980s, at the height of the apartheid era. The prisons within the Barberton Prison ... -
The Appellate Division has spoken - Sequestration Proceedings do not Qualify as Proceedings to Enforce a Credit Agreement under The National Credit Act 34 of 2005: Naidoo v ABSA Bank 2010 4 SA 597 (SCA)
(2011)This case note aims to analyse the decision of the Supreme Court of Appeal in Naidoo v ABSA Bank 2010 4 SA 597 (SCA) and to spark some debate as to whether being under debt review in terms of the National Credit Act (NCA) ... -
The application and interpretation by South African courts of General Renvoi Clauses in South African double taxation agreements
(PER/PELJ, 2019)General renvoi clauses in DTAs based on article 3(2) of the OECD MTC provide that an undefined term in a DTA shall have the meaning that it has in the domestic law of the contracting state applying the DTA unless the context ... -
The Application of International Human Rights Instruments in Outer Space Settlements: Today's Science Fiction, Tomorrow's Reality
(2019)The military and commercial exploitation of outer space has received increasing international attention since the United States of America announced its intention to establish an outer space military force ... -
Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines
(2017-10-17)In terms of section 30 of the Restitution of Land Rights Act 22 of 1994, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether ... -
The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation
(2012)The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was ... -
The appointment of a proxy "At any time" in terms of section 58 of the companies Act 71 of 2008: Richard Du Plessis Barry v Clearwater estates NPC [2017] ZASCA 11
(PER/PELJ, 2019)Section 58(1) of the Companies Act 71 of 2008 gives a shareholder the right to appoint a proxy "at any time" for the purpose of participating in, speaking and voting on behalf of that shareholder at a shareholders′ meeting, ... -
Appraisal of Selected Themes on the Impact of International Standards on Labour and Social Security Law in South Africa
(PER/PELJ, 2022)For many years, South African courts have relied on International Labour Organisation conventions to interpret and give meaning to the fundamental social security and labour law rights enshrined in the Constitution, 1996. ... -
An Appraisal of the Functioning and Effectiveness of the East African Court of Justice
(PER / PELJ, 2018)This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East ... -
An Appraisal of the Legal Framework on Parole in Nigeria
(PER/PELJ, 2022)Parole is a new correctional measure in the Nigerian penal system. Before 2015 inmates could be released before the expiration of their terms of imprisonment only if they were granted pardons by the governor of a state or ... -
The Appraisal Right in terms of Section 164 of the Companies Act 71 of 2008 : an Overview
(PER/PELJ, 2022)The appraisal right in terms of section 164 of the Companies Act 71 of 2008 has been applicable to fundamental transactions undertaken by companies for a number of years. The first two aims of this article are first to ... -
Appropriate internal appeal mechanisms for approval of building plans: exploring the gaps left by the Constitutional Court
(PER/PELJ, 2020)This article explores the gaps left by the Constitutional Court's jurisprudence in relation to what the appropriate internal appeal mechanism should be at the level of municipalities for the approval of building plans. ... -
Arbitrary deprivation of an unregistered credit provider's right to claim restitution of performance rendered Opperman v Boonzaaier (24887/2010) 2012 ZAWCHC 27 (17 April 2012) and National Credit Regulator v Opperman 2013 2 SA 1 (CC)
(2013)The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to declare section 89(5)(c) of the National Credit Act unconstitutional. Therefore, the ... -
Are close of pleadings now irrelevant? An evaluation of the impact the Nkala judgment has on Litis Contestatio
(PER/PELJ, 2019)The position regulating close of pleadings in South African law of civil procedure has for a long time been unchallenged. However, the court in Nkala v Harmony Gold Mining Company Limited 2016 5 SA 240 (GJ) developed the ... -
Artikel 2 (3) van die wet op testamente: 'n Praktiese probleem by Litigasie
(2008)When considering applications in terms of section 2(3) of the Wills Act 7 of 1953, one is confronted with the practical problem that a document may be accepted as a will in terms of section 2(3) but from the facts it may ... -
Aspects of land administration in the context of good governance
(2009)Recent international developments have emphasised the importance of good governance in land administration. Good governance practices are inter alia predictable, open and enlightened policy-making; accountable and transparent ... -
Assisted Reproductive Technologies and the Right to Reproduce under South African Law
(2017)Reproductive rights in South Africa have traditionally focused on the rights of individuals to avoid reproduction. However, with an increase in the use of assisted reproductive technologies (ART), there has been a shift ... -
At the intersection between expropriation law and administrative law: two critical views on the constitutional court's arun judgment
(2016)(LUPO) vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence ...