Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 9-28 of 963
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Address to commemorate the 2013 Martin Luther King day at the Law Faculty, University of Michigan
(2013)The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are high mimetic figures who inspire us to be better. Their legacy and memory operate as a yardstick by ... -
Addressing the spectre of cyber terrorism: a comparative perspective
(2012)This article looks at the definition of cyber terrorism and terrorist use of the Internet. The article evaluates cyber terrorist threats facing countries such as the United States of America, the United Kingdom, India ... -
Administrative bias in South Africa
(2005)This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, ... -
The admission and enrolment of foreign legal practitioners in South Africa under the Legal Practice Act: international trade law and constitutional perspectives
(2016)Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among ... -
Affiliation to a new customary law in post-apartheid South Africa
(2015)This article examines the possibility that in the post-apartheid South African legal system South African citizens can voluntarily change their customary law and affiliate to a new one in the true spirit of citizenship. ... -
African indigenous land rights in a private ownership paradigm
(2011)It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indige-nous land rights systems are necessarily "communal" in nature, ... -
African organic product standards for the African continent? Prospects and limitations
(PER/PELJ, 2018)Organic agriculture is a sustainable agricultural system with high environmental protection and animal welfare. In 2015, the world organic agriculture covered 50.9 million hectares with Oceania as the biggest regional ... -
The African Union's Self Financing Mechanism : A Critical Analysis in terms of the World Trade Organisation's Rules and Regulations
(PER/PELJ, 2022)The purpose of this paper is to critically analyse from a theoretical perspective the compatibility of the African Union's (AU's) self-financing mechanism (SFM) with the rules and regulations of the World Trade Organisation ... -
African-style mediation and Western-style divorce and family mediation: reflections for the South African context
(2012)Both Western-styled mediation and African-styled mediation are practised in South Africa. Each of these models is applied in specific social contexts. In this article a brief explanation of what is meant by the term ... -
Alignment of Student Discipline Design and Administration to Constitutional and National Law Imperatives in South Africa
(2011)Higher Learning Institutions (HEIs) have an important role to play in the promotion of respect for fundamental human rights and other constitutional imperatives. This article will demonstrate that the design and ... -
All roads lead to property: Pashukanis, Christie and the theory of restorative justice
(2013)Nils Christie is acknowledged generally as the theoretical founding father of restorative justice. Evgeny Pashukanis may be taken as the premier Marxist theoretician of law. This essay represents an endeavour to read ... -
Altering the human genome : mapping the genome editing regulatory system in South Africa
(PER/PELJ, 2021)Novel therapeutic strategies using genome editing technologies, such as CRISPR-Cas9 are revolutionising the way in which diseases can be prevented and treated in the future. Consequently, a global debate has emerged ... -
Alternatives to bankruptcy in South Africa that provides for a discharge of debts: Lessons from Kenya
(PER/PELJ, 2019)The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which ... -
Analysing and comparing warrantless Tax inspections and searches
(PER/PELJ, 2019)Sections 45 and 63 of the Tax Administration Act 28 of 2011 (TAA) confer drastic information gathering powers on officials of the South African Revenue Service (SARS). On the one hand, section 45 permits warrantless routine ... -
Analysing the onus issue in dismissals emanating from the enforcement of unilateral changes to conditions of employment
(2011)The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court ... -
An Analysis of South Africa's Provision of Emergency Water Supply During the Covid 19 Pandemic : Accountability and Expiration
(PER/PELJ, 2022)The COVID-19 pandemic has illuminated the widespread lack of access to adequate water and sanitation in South African informal settlements and rural areas. While the full complexities of the relationship between inequality, ... -
An analysis of the "National Security Interest" provision in terms of section 18A of the Competition Act 89 of 1998
(PER/PELJ, 2021)This contribution examines the implications of the "national security provision" in terms of section 18A of the Competition Act 89 of 1998 as inserted by section 14 of the Competition Amendment Act 18 of 2018. The effect ... -
An analysis of the dispute settlement mechanism under the consumer protection act 68 of 2008
(2012)This article critically analyses the provisions of the Consumer Protection Act 68 of 2008, which deals with the enforcement of consumer rights. The Act provides for various forums where consumers can seek redress in cases ... -
An analysis of the implementation of the caselines system in South African courts in the light of the provisions of section 27 of the electronic communications and transactions act 25 of 2002 : a beautiful dream to come true in civil procedure
(PER/PELJ, 2021)The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been ...