Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 382-401 of 963
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A historical overview of the regulation of market abuse in South Africa
(2014)In an early attempt to combat market abuse in the South African financial markets, legislation such as the Companies Act, the Financial Markets Control Act and the Stock Exchanges Control Act were enacted. However, these ... -
The history of labour hire in Namibia: a lesson for South Africa
(2013)Labour hire, the practice of hiring out employees to clients by a labour broker, has been a part of Namibia’s history since the early 1900s in the form of the contract labour system. This form of employment was characterized ... -
HIV/AIDS, to disclose or not to disclose: that is the question
(2013)The systemic consequences of the HIV/AIDS pandemic in South Africa are evident not only in demographic, economic and social trends, but also on a micro- and personal level, where they are devastating. Those infected with ... -
House of Traditional Leaders: Role, problems and future
(2000)A national House of Traditional Leaders and provincial Houses of Traditional Leaders have been established in terms of Constitution of the Republic of South Africa, 1993. The role of Traditional leaders at provincial and ... -
How could the pension funds adjudicator get so wrong? A critique of Smith versus Eskom Pensiion and Provident fund
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In this case note the judgment in the Smith case is criticized for being inconsistent with the landmark ruling in Volks. It is argued that the Adjudicator ought to have remanded the matter in Smith to the Board and ought ... -
How to use voluntary, self-regulatory and alternative environmental compliance tools: some lessons learnt
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)A number of alternative environmental enforcement tools are available that may be used to enhance the environmental enforcement effort in South Africa. Current debate focuses on which tools work effectively and the reasons ... -
Huidige Regsontwikkeling ten aansien van Uitwinbaarverklaring van ʼn Verband oor ʼn Onroerende Saak
(2015)There are strict formalities involved when a mortgagee (as holder of a real security right) wants to declare immovable property executable to satisfy outstanding debt. There are various stages in this foreclosure process ... -
Human rights and the new sustainable mechanism of the Paris agreement: A new opportunity to promote climate justice
(PER, 2018)In the light of the new era of climate action under the Paris Agreement (PA) and the rights and justice issues raised by climate change-related policies and measures, this paper discusses the integration of a human rights ... -
Human rights commission et al: what is the role of South Africa's chapter 9 institutions?
(2006)The six independent institutions established under Chapter 9 of the South African Constitution have been heavily criticised recently. One of the reasons that they are vulnerable to criticism is a lack of understanding ... -
Human rights that influence the mentally ill patient in South African medical law: a discussion of sections 9; 27; 30 and 31 of the constitution
(2011)The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection ... -
A human rights-based approach to poverty reduction: the role of the right of access to medicine as an element of the right of access to health care
(2013)The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks ... -
ICT laws in Nigeria : planning and regulating a societal journey into the future
(2014)This paper examines the laws on Information and Communications Technology in Nigeria, and the institutional regulatory framework for enforcing the relevant laws. It further appraises selected concepts associated with ICT ... -
The impact of HIV/AIDS regarding informal social security: Issues and perspectives from a South African context
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The purpose of the article is to examine the right to social assistance for households living with HIV/AIDS in South Africa. In particular, the article focuses on the impact of this pandemic on households' access to ... -
The impact of minority status in the application of affirmative action: NAIDOO v MINISTER of SAFETY and SECURITY 2013 5 BLLR 490 (LC)
(2016)Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive ... -
The Impact of Myths, Superstition and Harmful Cultural Beliefs against Albinism in Tanzania: A Human Rights Perspective
(PER/PELJ, 2020)It cannot be denied that myths and superstitions have endured through history and that people have been affected by them since the beginning of time. Superstitious beliefs and myths that result in the victimization of ... -
The impact of SADC social protection instruments on the setting up of a minimum social protection floor in Southern African countries
(2012)The Southern African Development Community (SADC) was formed to promote the political, economic and social wellbeing of the region. Some of the social objectives of the SADC are the promotion of social development and ... -
Impact of the Boko Haram insurgency on the child's right to education in Nigeria
(2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ... -
Impact of the Constitution's Normative Framework on the interpretation of provisions of the Companies Act 71 of 2008
(PER/PELJ, 2019)Given the intention of section 7(a) of the Companies Act 71 of 2008 (the Act) to promote compliance with the Bill of Rights in the interpretation and application of company law in SA, this article assesses the extent to ... -
The impact of the labour relations act on minority trade unions: a South African perspective
(2013)The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The ...