Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 45-64 of 963
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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 ... -
Attacks on the judiciary: undercurrents of a political versus legal constitutionalism dilemma?
(PER /PELJ, 2018)A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in ... -
The AU model law on universal jurisdiction: an African response to western prosecutions based on the universality principle
(2015)The African continent has been consistent in placing its concerns regarding the manner in which international criminal justice is administered on the international platform. For the past decade, the continent has minced ... -
Authority by representation – a new form of authority?
(2016)The majority decision in Makate v Vodacom (Pty) Ltd [2016] ZACC 13 recognises a new form of actual authority – authority by representation. However, the decision is based on a misinterpretation of English law and is ... -
Automated facial recognition in law enforcement : the Queen (on application of Edward Bridges) v The Chief Constable of South Wales Police
(PER/PELJ, 2021)The use of automated facial recognition in law enforcement is still a novel practice and as a result the legislative framework for this technology is ill-defined. The judgement of The Queen (on application of Edward ... -
Automatically unfair and operational requirement dismissals: making sense of the 2014 amendments
(2016)This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), where the reason for the dismissal is to "compel the employee to accept a ... -
Avoiding Mazibuko: water security and constitutional rights in Southern African case law
(2015)The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The ... -
Balancing Responsibilities – Financial Literacy
(2017)In Australia there is an obligation to promote the informed participation of financial consumers while in South Africa there is an obligation to educate consumers. The Australian obligation is concerned with the financial ... -
The bald and golden eagle protection act, species-based legal protection and the danger of misidentification
(2015)The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the ... -
Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) : paving the way for formal protection of Informal Land Rights
(PER/PELJ, 2020)In Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) the court, duly following the judicial guidance provided in Maledu v Itereleng Bakgatla Mineral Resources 2019 2 SA 1 (CC), made an important pronouncement ... -
Barriers to advocacy and litigation in the equality courts for persons with disabilities
(2014)The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) and the fulfilment of the South African state's obligations in terms of the Convention on the Rights ...