Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 871-890 of 963
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Tagging and Tracking of Persons with Albinism: A Reflection of Some Critical Human Rights and Ethical Issues Arising from the Use of the Global Positioning System (GPS) as Part of a Solution to Cracking Down on Violent Crimes Against Persons withAlbinism
(PER/PELJ, 2019)Recent years have seen an increase in the use of the Global Positioning System (GPS) by both private and public entities for the purpose of tracking and monitoring the location of human beings. The ... -
Taking a second bite at the appeal cherry: Molaudzi v S
(2016)The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, ... -
A targeted outsider's right to challenge local winding-up oroceedings PricewaterhouseCoopers v Saad Investments Co Ltd 2014 UKPC 35 (10 November 2014), 2014 1 WLR 4482 (PC)
(2016)The problem in PricewaterhouseCoopers v Saad Investments Co Ltd 2014 UKPC 35 (10 November 2014), 2014 1 WLR 4482 (PC) was that the Cayman liquidators, frustrated by the unhelpfulness of the company's previous auditors in ... -
Tax Planning Using Interest An Organised Chaos for Those Interested
(PER/PELJ, 2022)Taxation of interest is one of the most complex areas of tax in South Africa. Various provisions apply to interest, with some regulating the inclusion of interest in gross income, others allowing for the deductibility of ... -
The taxation of company distributions in respect of hybrid instruments in South Africa : lessons from Australia and Canada
(PER/PELJ, 2021)Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while ... -
Temporary employment service (Labour Brokers) in South Africa and Namibia
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)South Africa currently allows labour broking although this area of commerce is problematic. The trade union movement, government and organised business are presently debating the future regulation of this industry. Namibia ... -
Tenure Security Reformand Electronic Registration: Exploring Insights from English Law
(2011)This paper examines the potential significance of updating registration practices in resolving some of the issues about tenure security in a transformative context. It deals with the importance of good governance in the ... -
Termination-of-pregnancy rights and foetal interests in continued existence in South Africa: the choice on termination of pregnancy act 92 of 1996
(2012)The aim of this article is to demonstrate that, although South Africa has permissive termination-of-pregnancy legislation, to the extent that women can terminate firstand second-trimester pregnancies on demand and for ... -
The testamentary trust: is it a trust or a will? Hanekom v Voigt 2016 1 SA 416 (WCC)
(PER, 2018)The recent judgment in Hanekom v Voigt 2016 1 SA 416 (WCC) is evaluated in the light of the traditional understanding of the testamentary trust. It is evaluated from both a testamentary disposition and a trust law perspective, ... -
The testimonial competence of children: a need for law reform in South Africa
(PER, 2018)Modern-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime and consequently represent a ... -
Theoretical (dis-) position and strategic leitmotivs in constitutional interpretation in South Africa
(2015)This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an ... -
Thinking-of-the-Animal-Other with Emmanuel Levinas
(PER/PELJ, 2020)This article situates the texts in which Emmanuel Levinas directly addresses questions of animality against the backdrop of his larger oeuvre and argues that, despite an explicit attempt to arrange a privileged ethical ... -
Third party fraud inducing material mistake - Slip Knot Investments 777 (PTY) LTD v Du Toit 2001 4 SA 72 (SCA)
(2011)In Slip Knot Investments v Du Toit 2011 4 SA 72 (SCA) the Supreme Court of Appeal had to determine if the material mistake of a contractual party induced by the fraud of an independent third party could sustain a plea of ... -
Threatened Biodiversity, the NEMA EIA Regulations and Cultivation of Virgin Land: More of the Sorry Same?
(2007)The environmental impact assessment (EIA) regulations published in terms of the National Environmental Management Act 107 of 1998 (NEMA) have extended an unprecedented degree of environmental oversight into the domain of ... -
Throwing the unlawful detention Jurisprudence into Turmoil : a critique of De Klerk V Minister of Police 2020 1 SACR 1 (CC)
(PER/PELJ, 2021)Before the judgement in De Klerk v Minister of Police 2020 1 SACR 1 (CC), (de Klerk), a plaintiff could claim damages for unlawful arrest and detention after the first appearance in court if the arresting (or the ... -
To be or not to be? The role of private enquiries in the South African insolvency law
(2014)This article analyses the role of the so-called private examinations in our South African insolvency law and deals with the question of whether or not section 417 of the Insolvency Act (Act 24 of 1936) is adequately and ... -
To sequestrate or not to sequestrate in view of the National Credit Act 34 of 2005: A tale of two judgements
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The purpose of this article is to consider the impact of some of the provisions of the National Credit Act1 (the NCA) on sequestration applications in the form of applications for voluntary surrender, as well as compulsory ... -
Towards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional"
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined therein. The Bill does, however, provide a definition of "indigenous community" that ... -
Towards a More Uniform Approach to Parenting Coordination in South Africa
(PER/PELJ, 2022)Because of the need to mitigate the damage done to children by chronic conflict between co-parents after divorce or family breakdown, the process of parenting coordination has been embraced by South African courts. In terms ...