Browsing by Subject "Reasonableness"
Now showing items 1-10 of 10
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The application of section 54 of the Mine, Health and Safety Act and reasonableness
(North-West University (South Africa)., 2022)Health and safety issues in the mining sector are problematic. For many years the disregard of mine health and safety compliance led to fatal injuries and a rise in death tolls. Section 54 of the Mine Health and Safety Act ... -
Creating a servitude to solve an encroachment dispute: a solution or creating another problem?
(2013)The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally problematic) perspective to the encroachment problem. The ... -
A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
The influence of "reasonableness" on the element of conduct in delictual or tort liability - comparative conclusions
(PER/PELJ, 2019)In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American ... -
Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution
(PER/PELJ, 2021)The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
Die realisering van die gesondheidsregte van kinders uit hoofde van die Grondwet van die Republiek van Suid-Afrika, 1996
(North-West University, 2004)Six out of every ten children in South Africa are living in poverty. This situation is aggravated by the AIDS pandemic. The pandemic is also the cause of a generation of AIDS orphans and as a consequence a lot of pressure ... -
Religious discrimination in the South African workplace
(North-West University (South Africa) , Potchefstroom Campus, 2016)South Africa is a country reflective of a society rich in cultural and ethnic diversity. Locally and internationally the term "rainbow nation" is used to describe South Africa. This diversity that once separated many due ... -
The role of ministerial discretionary powers in the granting of rights to minerals
(North-West University (South Africa), Potchefstroom Campus, 2016)In South Africa all mineral law matters are governed by the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter MPRDA). The MPRDA was enacted to, inter alia, enforce equitable access to the nation's ... -
The standard of the reasonable person in determining negligence – comparative conclusions
(PER/PELJ, 2021)The standard of the reasonable person or its equivalent, in general, is used in many jurisdictions to determine fault in the form of negligence. Although the standard is predominantly objective it is also subjective ...