Browsing PER: Potchefstroom Electronic Law Journal by Subject "Regulation"
Now showing items 1-9 of 9
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Constitutional analysis of intellectual property
(2014)This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) ... -
Cryptocurrency : towards regulating the unruly Enigma of Fintech in Nigeria and South Africa
(PER/PELJ, 2021)One of the most modern inventions of financial technology (FinTech) since after the global financial crisis of 2008 is the crypto or virtual currency/asset. Since the creation of the first cryptocurrency, the Bitcoin, in ... -
Digitalisation in the Health Sector : A South African Public Law Perspective
(PER/PELJ, 2022)The landscape of the health sector in South Africa as seen from a regulatory perspective is rapidly changing under the disruptive impact of digitalisation. Drawing on a paradigm of "strong rights" protection, particularly ... -
A historical overview of the regulation of market abuse in South Africa
(2014)In an early attempt to combat market abuse in the South African financial markets, legislation such as the Companies Act, the Financial Markets Control Act and the Stock Exchanges Control Act were enacted. However, these ... -
ICT laws in Nigeria : planning and regulating a societal journey into the future
(2014)This paper examines the laws on Information and Communications Technology in Nigeria, and the institutional regulatory framework for enforcing the relevant laws. It further appraises selected concepts associated with ICT ... -
The Nexus between mobile money regulation, innovative technology and the promotion of financial inclusion in Zimbabwe
(PER/PELJ, 2021)The advent of mobile money innovations has given people in rural areas, informal settlements and other poor communities an opportunity to participate in Zimbabwe's mainstream financial economy. However, the technology-driven ... -
Prioritising Command-and-Control Over Collaborative Governance : The Role of the Information Regulator Under the Protection of Personal Information Act
(PER/PELJ, 2022)Although the Protection of Personal Information Act 4 of 2013 (POPIA) wholeheartedly adopts the command-and-control features of the EU General Data Protection Regulation (GDPR), POPIA does not include many of the ... -
The regulation of market manipulation in Australia: a historical comparative perspective
(2015)Notably, in Australia, market abuse practices like market manipulation and other market misconduct practices are expressly prohibited under the Corporations Act as amended by the Financial Services Reform Act. In the light ... -
Rights, regulation and bureaucratic impact: the impact of human rights litigation on the regulation of informal trade in Johannesburg
(2017)In contemplating the extent to which rights-based litigation is conducive to positive social change, attention ought to be paid to the bureaucratic impact of court judgments that vindicate rights against the State. As a ...