Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 333-352 of 963
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Facing the challenge of improving the legal writing skills of educationally disadvantaged law students in a South African law school
(PER, 2018)Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of ... -
Facing the Music through Environmental Administrative Penalties : Lessons to be Learned from the Implementation and Impact of Section 24G?
(PER/PELJ, 2022)Section 24G was inserted into the National Environmental Management Act 107 of 1998 to provide a mechanism for authorising activities that commence unlawfully. It contains South Africa's only environmental administrative ... -
"Fair" Mathematics in Assessing Delictual Damages
(2011)In assessing delictual damages the plaintiff is burdened with the duty to prove loss with a preponderance of probability, including uncertain future loss. In quantifying such a claim an actuary is often used to make actuarial ... -
Family conferencing : responsibility at grassroots level – a comparative analysis between the Netherlands and South Africa
(PER/PELJ, 2021)As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to ... -
A few South African cents' worth on bitcoin
(2015)This article is aimed at augmenting current awareness of virtual currencies ("VCs") in the South African legal community. To this end, it introduces the reader to VCs in general and decentralised convertible VCs ("DCVCs") ... -
Financial Services and Arrangements to Facilitate the (Ex)Portability of Social Security Benefits in the Southern African Development Community
(PER/PELJ, 2022)This contribution reviews the financial services and arrangements to facilitate the (ex)portability of social security benefits in the Southern African Development Community (the SADC). It commences by providing a general ... -
Finding NEMA: the National Environmental Management Act, the De Hoop dam, conflict resolution and alternative dispute resolution in environmental disputes
(2006)This article considers the proposed De Hoop Dam on the Olifants River, Water Management Agencies, conflict between government departments and other organs of state, the involvement of NGOs and conflict-breaching ... -
Finding property in new places – property in cyber and outer space
(2015)The fields of virtual property and property in space are both new areas of property law that could not have been envisaged a hundred years ago. In both of these new fields, things and other objects of property are located ... -
First Do No Harm : Legal Principles Regulating the Future of Artificial Intelligence in Health Care in South Africa
(PER/PELJ, 2022)What sets AI systems and AI-powered medical robots apart from all other forms of advanced medical technology is their ability to operate at least to some degree autonomously from the human health care practitioner and to ... -
"For the Sake of the Children": South African Family Relocation Disputes
(2011)Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non–primary caregivers’ right of contact with children or, where both parents have joint care, the denial of the other’s parental ... -
Forceful arrests: an overview of section 49 of the criminal procedure act 51 of 1977 and its recent amendments
(2012)The debate concerning the use of violence by the police force is an endless one. Section 49 of the Criminal Procedure Act 51 of 1977 serves as a framework for the use of violence by police officers during arrests in South ... -
Foreword
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Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death : Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May
(PER/PELJ, 2022)Section 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage. This case note discusses the ... -
Formal regulation of third party litigation funding agreements? A South African perspective
(PER/PELJ, 2018)In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with regard to non-lawyers. This article is based on research conducted to determine whether regulating ... -
Formulating specialised Legislation to address the Growing Spectre of Cybercrime: A Comparative Study
(2009)The article looks at cyber legislation formulated to address cybercrime in the United States of America, the United Kingdom, Australia, India, the Gulf States and South Africa. The study reveals that the inability of ... -
The Foundational Tenets of Johannes Althusius' Constitutionalism
(2017-11-02)In his Politica: Politics Methodically set Forth and Illustrated with Sacred and Profane Examples published in 1603 Johannes Althusius’ sets out his grand scheme of republican federalism. Soon, however, the final establishment ... -
Frankenberg G comparative constitutional studies – Between magic and deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook)
(PER / PELJ, 2018)This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward Elgar Publishing in 2018 -
Fraus Legis in Constitutional Law : the case of Expropriation "Without" or for "Nil" compensation
(PER/PELJ, 2021)Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To ... -
A Fresh Perspective on Historical Sexual Abuse: The Case of Hewitt v S 2017 1 SACR 309 (SCA)
(2017-12-18)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ...