Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 460-479 of 963
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Judicial mandate in safeguarding environmental rights from the adverse effects of mining activities in Zambia
(PER/PELJ, 2019)The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. A polluted environment affects the rights of those who depend on a clean one for their survival. ... -
Judicial review of the legislative process in Lesotho : lessons from South Africa
(PER/PELJ, 2019)The Constitution of Lesotho, 1993 has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process ... -
Judicial understanding of the reliability of eyewitness evidence: a tale of two cases
(2016)One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it ... -
Jurisdictional and procedural technicalities in hate speech cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ)
(PER/PELJ, 2020)The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 ... -
"Just Piles of Rocks to Developers but Places of Worship to Native Americans" - Exploring the Significance of Earth Jurisprudence for South African Cultural Communities
(2015)Throughout the years cultural communities across the world have borne witness to many unending attempts at the destruction of their places of worship. This endemic problem has arisen in a number of places, such as in the ... -
"Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008
(2011)In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ... -
Justice delayed is justice denied: protecting miners against occupational injuries and diseases: comments on Manyaki v Anglogold Ashanti LTD 2011 32 ILJ 545 (CC)
(2011)In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC) the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and ... -
Justificatory theories for intellectual property viewed through the constitutional prism
(PER, 2018)In order to determine the extent to which intellectual property rights should enjoy protection under the constitutional property clause, some of the classical and newer justificatory theories for property may be employed, ... -
Kerkhoff v Minister of Justice and Constitutional Development 2011 2 SACR 109 (GNP): intermediary appointment reports and a child's right to privacy versus the right of an accused to access to information
(2017)General consensus exists that the adversarial nature of the South African criminal procedure with its often aggressive cross-examination of a witness, sometimes by an accused himself, will in most cases expose a child to ... -
Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille.
(2009)A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is ... -
Key considerations for traditional residential Universities intending to offer Bachelor of Laws (LLB) through the distance mode of tuition : a case study
(PER/PELJ, 2021)This case study aims to provide key considerations that traditional residential universities should consider when deciding to offer a distance tuition programme alongside an existing contact tuition programme. The University ... -
King v De Jager : Implications for Religion Based Discrimination in Wills
(PER/PELJ, 2022)In King v De Jager 2021 5 BCLR 449 (CC), the Constitutional Court held that a clause in a private will that unfairly discriminated against beneficiaries based on gender was unlawful and unenforceable. This note considers ... -
Knowledge is the key to riches. Is the law (or anything else) protecting it adequately?
(2008)Information has brought about a new way of thinking and trading and a new concept of what is really valuable. In the present article the author explores whether efforts to catch up in various areas of law have kept pace ... -
Konstitusionele voorskrifte rakende regspersone
(1998)The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights ... -
Korporatiewe Identiteit as die Basis van Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels
(2011)The different models for the criminal liability of juristic persons reveal a tension between individualist and realistic approaches. For individualists a corporation is the product of a union of individuals. This means ... -
Korporatiewe Identiteit as Grondslag van die Strafregtelike Aanspreeklikheid van Regspersone (1): Teoretiese Grondbeginsels
(2011)The different models for the criminal liability of juristic persons reveal a tension between individualist and realistic approaches. For individualists a corporation is the product of a union of individuals. This ... -
Kuwali, D. and Viljoen, F. (eds).2017. By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa (PULP Pretoria 2017) ISBN 978 1 920538 66 8 [Book review]
(PER/PELJ, 2020)This contribution provides a review of the collective volume "By All Means Necessary: Protecting Civilians and Preventing Mass Atrocities in Africa" edited by Dan Kuwali and Frans Viljoen. -
Land as a "national asset" under the constitution: the system change envisaged by the 2011 Green Paper on land policy and what this means for property law under the constitution
(2014)This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new ... -
Land restitution through the lens of environmental law: some comments on the South African vista
(2006)Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well ...