PER: Potchefstroom Electronic Law Journal

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Potchefstroom Electronic Law Journal (PELJ)

Potchefstroomse Elektroniese Regsblad (PER)

ISSN 1727-3781 (online)

Website: http://journals.assaf.org.za/per/index

Focus and Scope

PELJ/PER publishes contributions relevant to development in the South African constitutional state. This means that most contributions will concern some aspect of constitutionalism or legal development. The fact that the South African constitutional state is the focus, does not limit the content of PELJ/PER to the South African legal system, since development law and constitutionalism are excellent themes for comparative work. Contributions on any aspect or discipline of the law are welcomed, as long as the main themes are addressed.

Editorial policy

The scholarly rigour and the contribution that a manuscript makes to the development of legal scholarship serve as primary criteria for acceptance for publication. Contributions submitted are reviewed in two steps.

Step 1 is an internal evaluation where the editorial team ensures that:

the contribution falls within the focus and scope of PELJ/PER;
the quality and clarity of the language is good;
the guidelines and referencing style have been complied with; and
the contribution is on the face of it of an adequate level of scholarly quality.

Step 2 is an external evaluation where contributions accepted for review are subjected to anonymous blind reviews by at least two reviewers who will be selected according to availability and subject matter of the contribution.

Both international and national reviewers are invited to participate in the peer review of manuscripts submitted for possible publication. The average period for feedback to authors is four (4) months but longer periods have been experienced in certain cases.

Contributions which do not comply with the guidelines and referencing style will be rejected outright.

From 2016, PELJ/PER publishes continuously and contributions will be published as they become available.

PELJ/PER uses a digital object identifier (DOI), which is a unique alphanumeric string assigned by a registration agency (CrossRef) to identify content and provide a persistent link to its location on the Internet. The publisher assigns a DOI when an article is published and made available electronically

Copyright

All articles published in PELJ/PER can be re-used under the following CC license: CC BY-SA Creative Commons Attribution-ShareAlike 4.0 International License.

Article Processing Charge

PELJ/PER charges an article processing fee for articles that are published. Currently, this fee is ZAR90 per page. Visit the website of the journal for any updates in this regard.

How to submit a contribution

Register and submit online at http://journals.assaf.org.za/per/index after you have read and complied with the requirements of PELJ/PER.

Editors

Editor-in-Chief: Prof Christa Rautenbach

Associate Editors:

Prof Klaus D Beiter
Prof Wian Erlank
Prof Anél du Plessis
Prof Sarel Francois du Toit
Dr Oliver Fuo
Dr Anél Gildenhuys

Collections in this community

PER: 1998 Volume 1 No 1 [7]
PER: 1999 Volume 2 No 1 [3]
PER: 1999 Volume 2 No 2 [3]
PER: 2000 Volume 3 No 1 [3]
PER: 2000 Volume 3 No 2 [3]
PER: 2001 Volume 4 No 1 [4]
PER: 2002 Volume 5 No 1 [2]
PER: 2003 Volume 6 No 1 [3]
PER: 2003 Volume 6 No 2 (Special Edition) [14]
PER: 2004 Volume 7 No 1 [6]
PER: 2004 Volume 7 No 2 [7]
PER: 2005 Volume 8 No 1 [5]
PER: 2006 Volume 9 No 1 [6]
PER: 2006 Volume 9 No 2 [6]
PER: 2006 Volume 9 No 3 [5]
PER: 2007 Volume 10 No 1 [5]
PER: 2007 Volume 10 No 2 [4]
PER: 2007 Volume 10 No 3 [6]
PER: 2008 Volume 11 No 1 [6]
PER: 2008 Volume 11 No 2 [8]
PER: 2008 Volume 11 No 3 [6]
PER: 2008 Volume 11 No 4 [6]
PER: 2009 Volume 12 No 1 [5]
PER: 2009 Volume 12 No 2 [5]
PER: 2009 Volume 12 No 3 [5]
PER: 2009 Volume 12 No 4 [10]
PER: 2010 Volume 13 No 1 [7]
PER: 2010 Volume 13 No 2 [8]
PER: 2010 Volume 13 No 3 [13]
PER: 2010 Volume 13 No 4 [7]
PER: 2010 Volume 13 No 5 [7]
PER: 2011 Volume 14 No 1 [8]
PER: 2011 Volume 14 No 2 [9]
PER: 2011 Volume 14 No 3 [8]
PER: 2011 Volume 14 No 4 [11]
PER: 2011 Volume 14 No 5 [6]
PER: 2011 Volume 14 No 6 [6]
PER: 2011 Volume 14 No 7 [10]
PER: 2012 Volume 15 No 1 [13]
PER: 2012 Volume 15 No 2 [19]
PER: 2012 Volume 15 No 3 [7]
PER: 2012 Volume 15 No 4 [6]
PER: 2012 Volume 15 No 5 [20]
PER: 2013 Volume 16 No 1 [16]
PER: 2013 Volume 16 No 2 (Special Edition) [6]
PER: 2013 Volume 16 No 3 [12]
PER: 2013 Volume 16 No 4 [14]
PER: 2013 Volume 16 No 5 [14]
PER: 2014 Volume 17 No 1 [14]
PER: 2014 Volume 17 No 2 [7]
PER: 2014 Volume 17 No 3 [11]
PER: 2014 Volume 17 No 4 [15]
PER: 2014 Volume 17 No 5 [10]
PER: 2015 Volume 18 No 1 [11]
PER: 2015 Volume 18 No 2 [12]
PER: 2015 Volume 18 No 3 [8]
PER: 2015 Volume 18 No 4 [15]
PER: 2015 Volume 18 No 5 [26]
PER: 2015 Volume 18 No 6 (Special Edition) [10]
PER: 2015 Volume 18 No 7 [12]
PER: 2016 Volume 19 [55]
PER: 2017 Volume 20 [68]
PER: 2018 Volume 21 [61]
PER: 2019 Volume 22 [28]

Recent Submissions

Introducing a serpent into the garden of collective bargaining: A case analysis of Numsa obo members v Elements six productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017)

Rwodzi, Night T; Lubisi, Nombulelo (PER/PELJ, 2019)

This case note is an analysis of Numsa obo Members v Elements Six Productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017). The jurisprudence advanced in this case is pertinent to balancing the employer and employee’s ...
Standing on unsteady ground: AREVA NP incorporated in France v Eskom SOC LTD

van Eetveldt, Henri-Willem (PER/PELJ, 2019)

Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a multi-billion-rand tender. Although the majority of the Constitutional Court recognised the public importance of the case, ...
Are close of pleadings now irrelevant? An evaluation of the impact the Nkala judgment has on Litis Contestatio

Khan, Muhammed Siraaj (PER/PELJ, 2019)

The position regulating close of pleadings in South African law of civil procedure has for a long time been unchallenged. However, the court in Nkala v Harmony Gold Mining Company Limited 2016 5 SA 240 (GJ) developed the ...
Sexual harassment: Why do victims so often resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)

Calitz, Karin (PER/PELJ, 2019)

This article endeavours to find answers to the question of why the victims of sexual harassment often resign after the harassment, while the perpetrator continues working, and suggests how some of the human cost to victims ...
The appointment of a proxy "At any time" in terms of section 58 of the companies Act 71 of 2008: Richard Du Plessis Barry v Clearwater estates NPC [2017] ZASCA 11

Madlela, Vela (PER/PELJ, 2019)

Section 58(1) of the Companies Act 71 of 2008 gives a shareholder the right to appoint a proxy "at any time" for the purpose of participating in, speaking and voting on behalf of that shareholder at a shareholders′ meeting, ...
Public participation in African constitutionalism (Routledge Abingdon and New York 2018)

Menski, Werner (PER/PELJ, 2019)

This review explores why public participation in constitution-making matters for cultivating responsible governance and for fine-tuning justice, focused on immensely rich African evidence within a broader comparative ...
Jacobsohn G and Schor M (eds) Comparative constitutional theory (Edward Elgar Publishing Cheltenham, UK 2018) ISBN 978 1 78471 912 8 (cased); 978 1 78471 913 5 (eBook)

Venter, Francois (PER/PELJ, 2019)

This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory, and edited by Gary Jacobsohn and Miguel Schor. It was published in 2018 by Edward Elgar ...
Lewyn M Government intervention and suburban sprawl: The case for market urbanism (Palgrave MacMillan 2017)

Soni, Urmila (PER/PELJ, 2019)

The writer is of the opinion that government intervention is the probable cause of suburban sprawl in American cities. Two types of sprawl are discussed, namely, sprawl which results due to the creation of suburbs and ...
The South African class Action mechanism: Comparing the opt-in regime to the opt-out regime

Broodryk, Theo (PER/PELJ, 2019)

In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is confined to claimants who choose positively to advance their claims and are required to come forward for that purpose, he ...
The constitutionality of the prohibition of hate speech in terms of section 10(1) of the equality act: A reply to Botha and Govindjee

Marais, Maria E (Marelize); Pretorius, Jan L (Loot) (PER/PELJ, 2019)

This is a reply to a critique by Botha and Govindjee (2017 PELJ 1-32) of our interpretation of the hate speech provisions of the Equality Act (Promotion of Equality and Prevention of UnfairDiscrimination Act 4 of 2000) in ...
The constitutional protection afforded to child victims and child witnesses while testifying in criminal proceedings in South Africa

Bekink, Mildred (PER/PELJ, 2019)

The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children ...
The ratification of inadequate surrogate motherhood agreements and the best interest of the child

Baase, Mathabo (PER/PELJ, 2019)

South Africa has developed domestic legislation governing all surrogacy matters within the country. These provisions are contained in Chapter 19 of the Children's Act 38 of 2005. In Ex parte MS; In re: Confirmation of ...
Beyond the contours of normally acceptable political violence: Is Cameroon a conflict/transitional society in the offing?

Agbor, Avitus A; Njieassam, Esther Effundem (2019)

Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in ...
The million rand question: Does a civil marriage automatically dissolve the parties' customary marriage?

Osman, Fatima (PER/PELJ, 2019)

In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, her customary marriage to former President Nelson Mandela continued to exist until his death, ...
Gender inequality and land rights: The situation of indigenous women in Cameroon

Njieassam, Ester E (PER/PELJ, 2019)

Land is an essential resource that serves as a means of subsistence for millions of people in the world and indigenous communities and women in particular. Most indigenous societies' survival is closely tied to land. In ...
The Search and Seizure of Digital Evidence by Forensic Investigators in South Africa

Nortjé, Jacobus GJ; Myburgh, Daniel C (PER/PELJ, 2019)

The discipline of digital forensics requires a combination of skills, qualifications and knowledge in the area of forensic investigation, legal aspects and information technology. The uniqueness of digital evidence makes ...
Challenges surrounding the adjudication of women's rights in relation to customary law and practices in Tanzania

Msuya, Norah H (PER/PELJ, 2019)

Women's rights litigation has produced varied outcomes in many African countries. Although courts have looked at the legislation that discriminates against women with different degrees of success, matters such as tradition ...
"Innovative Orders" under the South African consumer protection Act 68 of 2008

Naude, Tjakie; de Stadler, Elizabeth (PER/PELJ, 2019)

This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give ...
The value of the persistent objector doctrine in international human rights law

Rudman, Annika (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 ...
The Right to Strike under the labour relations Act 66 of 1995 (LRA) and possible factors for consideration that would promote the objectives of the LRA

Subramanien, Darren C; Joseph, Judell L (PER/PELJ, 2019)

The Labour Relations Act 66 of 1995 (hereafter the LRA) was promulgated to redress the injustices and inequality within labour relations. It seeks to do so through four objectives which give effect to the LRA's purposes ...