Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 404-423 of 963
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The impact on women on the removal of gender as a rating variable in motor-vehicle insurance
(2013)Insurers use actuarial statistics as rating variables to differentiate and distinguish for the purposes of risk classification. They justify their use of actuarial statistics due to its accuracy as a predictor of risk. ... -
The implications of fedralism and decentralisation in socio-economic conditions in Ethiopia
(2012)This paper analyses impacts of the federal system and the decentralisation of functions to the district level on Ethiopia's socio-economic development. Firstly we will highlight the principles of the Ethiopian federal ... -
Improving access to justice through compulsory student work at university law clinics
(2013)In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which ... -
Improving access to justice through law graduate post-study community service in South Africa
(PER/PELJ, 2020)Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the Constitution of the Republic of South Africa, 1996, is necessary to realise various other fundamental rights and to improve ... -
Improving unsustainable environmental governance in South Africa: the case for holistic governance
(2006)Environmental law in South Africa has developed in a rapid fashion since the inception of the new constitutional dispensation in 1994. This development is evident from, inter alia, the constitutionalisation of the environmental ... -
In Defence of Pashukanism
(2011)This essay presents an extended defence of the general theory of law formulated by the Bolshevik jurist, Evgeny Pashukanis, and published in his Law and Marxism: A General Theory in 1924. The general theory is a theory ... -
In search of alternatives or enhancements to collective bargaining in South Africa: are workplace forums a viable option?
(2015)Collective bargaining (coupled with the right to strike) has become a primary means to force employers through negotiation to achieve the improvement of standards and conditions of employment. The South African labour ... -
In search of the perceived quality and impact of accredited South African law journals: exploring the possibility of a ranking system. A baseline study: 2009 – 2014
(PER, 2018)The DHET Research Output Policy (2015) indicates that there has been a change in the government’s approach to research funding. Previously all research published in any accredited journal was rewarded equally. A decision ... -
The in vitro embryo and the law: the ownership issue and a response to Robinson
(PER/PELJ, 2020)In 2012 the Minister of Health made the Regulations Relating to the Artificial Fertilisation of Persons, which provide that the woman who intends to be made pregnant with an in vitro embryo owns such an embryo and can ... -
"In Which the Partners Undertook Reciprocal Duties of Support" A Discussion of the Phrase as Used in Bwanya v Master of the High Court, Cape Town
(PER/PELJ, 2022)In December 2021 the Constitutional Court delivered judgment in Bwanya v Master of the High Court, Cape Town. The court ruled that survivors of life-partnerships "in which the partners undertook reciprocal duties of support" ... -
Included or excluded: an analysis of the application of the free, prior and informed consent principle in land grabbing cases in Cameroon
(2016)Even though the principle of free, prior and informed consent (FPIC) is soft law, the need to respect, protect and fulfil the rights to be informed and to be involved in development projects is strongly backed in international ... -
Inclusive Basic Education in South Africa: Issues in its Conceptualisation and Implementation
(2015)Education is one of the most topical issues in South Africa. In recent years, particularly in the period after the adoption of the UN Convention on the Rights of Persons with Disabilities (2006) (hereinafter CRPD), the ... -
The incorporation of double taxation agreements into South African domestic law
(2015)There are different opinions as to the process whereby double taxation agreements (DTAs) are incorporated into South African law. This contribution aims to discuss some of the existing opinions and to offer a further ... -
The incorporation of Public International Law into Municipal Law and Regional Law against the background of the dichotomy between monism and dualism
(2014)Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, ... -
The independence of South African judges: a constitutional and legislative perspective
(2015)Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African ... -
Independent Candidacy and Electoral Reform : New Nation Movement NPC v President of the Republic of South Africa
(PER/PELJ, 2022)In the New Nation case, the Constitutional Court declared the provisions of the Electoral Act that prevent independent candidates from competing in provincial and national elections unconstitutional. It ruled that the ... -
The influence of "reasonableness" on the element of conduct in delictual or tort liability - comparative conclusions
(PER/PELJ, 2019)In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American ... -
The influence of the consumer protection act 68 of 2008 on the common law warranty against eviction: a comparative overview
(2012)The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant ... -
The inforcement of the payment of lobolo and its impact on children's rights in South Africa
(2013)Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary ... -
Information and Knowledge Management at South African Law Firms
(2011)Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets is increasingly viewed as a key factor in efficient legal service delivery. In ...