PER: 2013 Volume 16 No 3
29 August 2013
- Address to commemorate the 2013 Martin Luther King day at the Law Faculty, University of Michigan / Govender, K
- A non-lawyer's views on the revised white paper on arts, culture and heritage of 2013 / Van Graan, M
- Legal research methodology and the dream of interdisciplinarity / Kroeze, IJ
- The unilateral determination of price - a question of certainty or public policy? / Du Plessis, HM
- Chaos in family law: a model for the recognition of intimate relationships in South Africa / Bakker, P
- Prisoner transfer to South Africa: some of the likely challenges ahead / Mujuzi, JD
- All roads lead to property: Pashukanis, Christie and the theory of restorative justice / Koen, R
- The rights granted to trade unions under the Companies Act 71 of 2008 / Schoeman, HC
- The quest for a supranational entity in West Africa: can the economic community of West African states attain the status? / Lokulo-Sodipe, JO & Osuntogun, AJ
- The sexual orientation of a parent as a factor when considering care / Feldhaus, C & Van den Heever, C
- A human rights-based approach to poverty reduction: the role of the right of access to medicine as an element of the right of access to health care / Strauss, Z & Horsten, D
- The impact of the National Credit Act 34 of 2005 on the enforcement of a mortgage bond: Sebola v Standard Bank of South Africa ltd 2012 5 SA 142 (CC) / Fuchs, MM
The third issue of 2013 contains 12 contributions ranging from two orationes, nine articles and one note. The first oratio is an address delivered by Karthy Govender at the Law Faculty, University of Michigan, to commemorate the 2013 Martin Luther King Day at the Law Faculty, University of Michigan. He draws parallels between King, Ghandhi and Mandela and discusses the influence they all had in the development of South Africa into a democratic state. In the second oratio Mike van Graan airs his views on the Revised White Paper on Arts, Culture and Heritage of 2013, published by the Department of Arts and Culture. His main concern is the haste in which the white paper is being taken through the process, and he cautions against the adoption of a far-reaching policy which has not been thoroughly considered.
The first article, by Irma Kroeze, examines the concepts of multidisciplinary, interdisciplinary and transdisciplinary research and their application in a legal context. She comes to the conclusion that the first happens quite often whilst the latter two methods of research rarely happens in a legal context. In the second, Hanri du Plessis investigates whether or not the common law rule of "unilateral determination" in contract law should be retained in the South African law and concludes that the final answer would depend on the facts of each case with due consideration of public policy, bona fides, contractual equity and other relevant factors. In the third article Pieter Bakker discusses the application of chaos theory in family law. He is not in favour of the current trend of deregulating intimate relationships and argues in favour of one statute regulating all such relationships. In the fourth, Jamil Mujuzi debates the initiative of the South African government to enter into prisoner transfer agreements and the challenges such a move would pose within the correctional services system. The author of the firth article, Raymond Koen, gives a philosophical perspective on the interconnectedness of the theory of restorative justice developed by Christie and the general theory of law formulated by Pushukanis, especially in the context of property law. Heidi Schoeman is the author of the sixth article. She deals with the Companies Act 71 of 2008 which grants rights to trade unions to represent employees at the workplace, and argues that these rights should be given only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. The seventh article, co-authored by Jadesola Lokulo-Sodipe and Abiodun Osuntogun, explains that the decision of the Economic Community of West African States (ECOWAS) to re-design its executive secretariat into a quasi-independent commission was taken with the purpose of converting ECOWAS into a supranational entity. Their contribution considers whether or not a supranational system is indeed essential for the attainment of ECOWAS' objectives. The second last article, by Chantelle Feldhaus and Chantelle van den Heever, deals with the important question of whether or not the sexual orientation of a parent is a factor to be considered when the care of a child needs to be evaluated. In the last article, by Zannelize Strauss and Debbie Horsten, the authors argue that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the alleviation of poverty.
Michelle Fuchs, the author of the only note, deals with the Constitutional Court's interpretation of section 129(1) of the National Credit Act 34 of 2005, that describes the execution procedure in case of a mortgage bond, in Sebola v Standard Bank of South Africa Ltd 2012 5 SA 142 (CC).
Editor: Professor Christa Rautenbach / Edition Editor: Dr Anél Terblanche
(2013)Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the child. Section 9 further provides that every person is considered equal before the law and has ...
The quest for a supranational entity in West Africa: can the economic community of West African states attain the status? (2013)To reflect the growing trends in the international scene and in furtherance of the objective of its Revised 1993 Treaty, the Economic Community of West African States (ECOWAS) summit in December 2006 revolutionised the ...
(2013)With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the ...
(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 ...
(2013)Official and unofficial reports indicate that the South African government is in the process of entering into prisoner transfer agreements or making prisoner transfer arrangements. This comes after many years of reluctance ...
The impact of the National Credit Act 34 of 2005 on the enforcement of a mortgage bond: Sebola v Standard Bank of South Africa ltd 2012 5 SA 142 (CC) (2013)When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor ...
A human rights-based approach to poverty reduction: the role of the right of access to medicine as an element of the right of access to health care (2013)The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks ...
(2013)The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate ...
(2013)The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, ...
(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 ...
(2013)There are increasing calls for academics to abandon "traditional" disciplinary research and to engage in multi-, inter- and transdisciplinary research. The argument is that this will serve to break down working in "silos" ...