Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 932-951 of 963
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Valuation in the constitutional era
(2015)The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central ... -
The Value Added Tax Implications of Illegal Transactions
(2011)In the case of MP Finance Group CC (In Liquidation) v CSARS the High Court of Appeal ruled that income "received by" a taxpayer from illegal gains will be taxable in the hands of the taxpayer. This article explores whether ... -
The value of the persistent objector doctrine in international human rights law
(PER/PELJ, 2019)This article critically analyses the use of the persistent objector doctrine in unilaterally challenging the validity of Sexual Orientation and Gender Identity (SOGI) rights and the related state obligations. The persistent ... -
Values and the rule of law: foundations of the European Union – an inside perspective from the ECJ
(PER, 2018)Let us remember what has been written, ratified and set into force with the Treaty of Lisbon. The preamble of the Charter of Fundamental Rights starts out by stating: "The peoples of Europe, in creating an ever closer union ... -
Vertoon die Corpus Iuris Civilis Kenmerke van 'n Abstrakte Stelsel van Eiendomsoordrag?
(2007)It is generally accepted that an abstract system for the transfer of property is applied in South Africa. Characteristic of an abstract system is that the different legal acts which form part of the process, namely the ... -
A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption
(2009)This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect ... -
The viability and constitutionality of the South African national register for sex offenders: a comparative study
(2015)Section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 established a National Register for Sex Offenders where the particulars of all offenders guilty of sexual transgressions against ... -
Viewing the proposed South African Business Rescue Provisions from an Australian Perspective
(2008)This article makes some comparisons between the Australian corporate rescue provisions and those proposed to be adopted in South Africa in the Companies Bill 2007. By so doing it may assist in the debate in South Africa ... -
"Violence" in sport and the violenti non fit iniuria defence: a perspective on the death of the cricket player Phil Hughes
(PER, 2018)This article evaluates the defence of violenti non fit inuiria in sport with specific reference to the principle of bonos mores or the “good morals” in society to tolerate injuries in sport. The increased prevalence of ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part one
(2012)This article takes as its starting point a controversy which has arisen around a proposed assessment by the South African government of the decisions of the Constitutional Court, giving rise to concerns that this will ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part two
(2012)Part One of this article traced rising tensions between the South African executive and the judiciary on the question of the separation of powers. This situation was then contrasted and compared with a clash which took ... -
Vrijheid van meningsuiting en godsdienst versus het non-discriminatiebeginsel
(2000)A certain tension between freedom of expression and the proscription of discrimination is present in post World War II international law. This tension is dealt with differently in different jurisdictions. This contribution ... -
Warrantless search and seizures by the South African Police Service : weighing up the right to privacy versus the prevention of crime
(PER/PELJ, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ... -
Water Security and Climate Change: The Need for Adaptive Governance
(2017-01-05)Climate change will bring about unprecedented economic, social and environmental effects, which require both the mitigation of greenhouse gas emissions and adaptation to its adverse effects. Water is the main element through ... -
Water Security and International Law
(2017-01-17)The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even ... -
Water Security and Judicial and Administrative Confusion in South Africa: The Trustees of the Time Being of the Lucas Scheepers Trust, IT 633/96 v MEC for the Department of Water Affairs, Gauteng 2015 ZAGPPHC 211 (17 April 2015)
(2017-01-18)One of the gravest constraints which South Africa faces in its efforts to promote development and to lift much of its population out of poverty is the relative scarcity of its water. Significant changes were made to South ... -
Water Security and the Right to Water in Southern Africa: An Overview
(2017-01-05)The Southern African region's water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing ... -
Werknemers as lasgewende ouers in surrogasie-aangeleenthede: die geboorte van nuwe verlof-behoeftes in Suid-Afrika
(2017)Commissioning parents, in terms of a surrogacy agreement, have the same parental obligations towards their child as traditional parents. Yet, despite the legitimising of surrogacy in the Children’s Act 38 of 2005, no ... -
What about the child? Preventing the publication of children's name after the age of 18
(PER/PELJ, 2021)Children are afforded a number of different protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position they occupy in society. When children form part ...