Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 563-582 of 963
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Municipal courts and environmental justice in South African Local Government
(PER/PELJ, 2021)South African law establishes environmental justice (EJ) as among the environmental management principles to direct decision-making. EJ's inclusion as a guiding principle in the National Environmental Management Act 107 ... -
Municipal instruments in law for Cultural Heritage Protection : a case study of the City of Cape Town Metropolitan Municipality
(PER/PELJ, 2021)The premise of this article is that local government can add to the protection effort of cultural heritage resources in South Africa by way of instruments such as by -laws, planning instruments and local policies. Cultural ... -
Municipal law making under SPLUMA: A survey of fifteen "First Generation" municipal planning by-laws
(PER/PELJ, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
Municipal tender awards and internal appeals by unsuccessful bidders
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In recent years, bidders aggrieved by municipal tender awards are increasingly resorting to Section 62 of the Local Government: Municipal Systems Act1 for relief. The application of this provision to tender processes is ... -
Muslim personal law and the meaning of "law" in the South African and Indian constitutions
(1999)The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and ... -
The myth of objectivity: implicit racial bias and the law (Part 1)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
The myth of objectivity: implicit racial bias and the law (Part 2)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
The Myth of Objectivity: Implicit Racial Bias and the Law (Part 2)
(2017)The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category. Explicit racial prejudice, ... -
'n Leë Dop is soms beter as ʼn Halwe Eier Gounden v Master of the High Court [2015] JOL 32896 (KZD) en Govender v Gounden 2019 2 SA 262 (KZN)
(PER/PELJ, 2020)An empty shell is sometimes better than half an egg – Gouden v Master of the High Court [2015] JOL 32896 (KZN) and Govender v Gouden 2019 2 SA 2 SA 262 (KZN) The KwaZulu-Natal High Court, Durban, recently had the opportunity ... -
'n Toekomstige perspektief op grondwetlike stabiliteit
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
The National Credit Act Regarding Suretyships and Reckless Lending
(2011)In terms of the National Credit Act a credit provider may conclude a credit agreement with a consumer only after he has made a proper financial assessment and concludes that the consumer will be able to satisfy all of ... -
The national credit act's remedies for reckless credit in the mortgage context
(PER, 2018)The National Credit Act 34 of 2005 prohibits the granting of reckless credit and also provides for certain remedies that courts can grant to consumers who have fallen victim to reckless lending practices. Depending on the ... -
National credit regulator versus Nedbank Ltd and the practice of debt counselling in South Africa
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a notice of motion. In this application the Regulator prayed in terms of section 16(1)(b) of the National ... -
Naturschutz und Verfassungsrecht
(1999)Nature Conservation and Constitutional Law in GermanyGermany's federal structure is mirrored in its constitutional law consisting of the federation's Basic Law and the constitutions of the federal states subject to conformity ... -
The "Necessity Test" as expressed by the Enigmatic Article XX(j) of the general agreement on Tariffs and Trade (1994) : appellate body report, India - certain measures relating to solar cells and solar modules
(PER/PELJ, 2019)The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. ... -
De Nederlanse casus: Een politiek gevecht om de grondwetsherziening
(1999)The political struggle leading up to the Dutch Constitution of 19831 is an empirical theoretical relevant case. A particular theoretical point of view (called the theoretical perspective of scientific legal intervention) ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
The Need for Monitoring and Assessment of Legal Aid Quality in South Africa
(PER/PELJ, 2022)Legal aid is needed in South Africa as one mechanism for poor South Africans to realise their legal rights and to use the law as a vehicle for positive social change in a grossly unequal society in which deep poverty is ... -
The need to adopt preventative measures to combat the misappropriation of retirement fund assets
(PER/PELJ, 2021)This paper discusses the challenge of the misappropriation of retirement fund assets by trustees, fund asset managers and retirement funds' administrators. It demonstrates that retirement fund members lose substantial ... -
Neither Adopted nor Borrowed : A Critique of the Conception of the South African Bill of Rights
(PER/PELJ, 2020)The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create ...