Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 414-433 of 963
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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 ... -
Inheritance rights for posthumously procreated children: a growing challenge for the law
(PER / PELJ, 2018)Significant advances in cryogenic technology render it possible to freeze and store human gametes. Under appropriate laboratory conditions frozen gametes can remain viable for long periods of time. In consequence, it is ... -
Innovation in a hybrid system: the example of Nepal
(2012)The Nepali legal tradition is a legal hybrid in many regards. Nepal was not colonised by a Western state, and the Hindu legal tradition therefore dominated all areas of law until the middle of the 20th century. Since the ... -
"Innovative Orders" under the South African consumer protection Act 68 of 2008
(PER/PELJ, 2019)This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give ... -
Innovative regulation of meat consumption in South Africa : an Environmental Rights perspective
(PER/PELJ, 2021)Meat production is a human activity driven by meat consumption, a human behaviour normalised in today's society. Human activity stems from particular psychological patterns (manifesting as human behaviour). It is argued ... -
The integration and reliance on technology to enhance the independence and accountability of company directors in South Africa
(PER/PELJ, 2021)The most indispensable means of change in contemporary business society is technology because it offers convenience to both businesses and their clients. Almost every business has been influenced by technology. Traditional ... -
Integration of the Bride and the Courts : Is Integration as a Living Customary Law Requirement Still Required?
(PER/PELJ, 2022)After 15 November 2000, a customary marriage must satisfy the provisions of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998. Section 3(1)(b) incorporates the living customary law requirements into ... -
Integration of the bride as a requirement for a valid customary marriage: Mkabe v minister of home affairs [2016] ZAGPPHC 460
(PER, 2018)Since the Recognition of Customary Marriages Act 120 of 1996 was promulgated in 15 November 2000 the courts are faced with the daunting task to determine whether a customary marriage is valid under the Act. The courts find ... -
The Interaction between the Debt Relief Measures in the National Credit Act 24 of 2005 and Aspects of Insolvency Law
(2009)The National Credit Act 34 of 2005 (the 'NCA') aims at promoting responsibility in the credit market by encouraging responsible borrowing, avoidance of over-indebtedness and the fulfilment of financial obligations by ... -
Intermediaries and the international obligation to protect child witnesses in South Africa
(PER, 2018)This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South ...