Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 55-74 of 963
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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 ... -
Battered women and the requirement of imminence in self-defence
(2013)Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most ... -
The Battle of the Bakgatla-Ba-Kgafela Community: Access to and Control of Communal Land
(2017-11-07)Like numerous other traditional communities in South Africa, the Bakgatla-Ba-Kgafela community lost portions of their ancestral land in the pre-constitutional era. Under an all-encompassing land reform programme, which ... -
Behoort die saaklike ooreenkoms aan vormvereistes onderwerp te word?
(North-West University (Potchefstroom Campus), Faculty of Law, 2008) -
The Bench and Academia
(2009) -
Beneficiary Fraud and Demand Guarantees
(PER/PELJ, 2022)It is settled in South African and English law that for the fraud exception to apply to demand guarantees or letters of credit the fraud must have been committed by the beneficiary (or his agent with the beneficiary's ... -
The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land
(2012)Although developments subsequent to the judgment have undermined the value of the decision for the community involved, the Constitutional Court's judgment in the Bengwenyama matter provides a welcome precedent on the ... -
The best of both worlds? some reflections on the interaction between the common law and the Bill of rights in our new constitution
(1999)The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed in this paper. "Common law" is understood broadly to include not only the Roman-Dutch law, but also the ... -
Between economic and legal analysis of incorporated things: a critical "no" to Aedilitian remedies
(2006)This article analyses the dictum of the Phame v Paizes 1973 3 397 (A) within economic and legal principles to determine whether incorporeal things could possess characteristics of value or quality characteristics as in ... -
Between norms and facts: the constitutional court's commitment to pluralism in South Africa's radically heterogeneous public schools
(2015)The recognition of pluralism constitutes a golden thread that runs through the Constitutional Court’s entire oeuvre of work. This ‘right to be different’ finds its initial footing in Gauteng Education Bill, Prince, and ...