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 [71]
PER: 2020 Volume 23 [48]
PER: 2021 Volume 24 [71]

Recent Submissions

Warrantless search and seizures by the South African Police Service : weighing up the right to privacy versus the prevention of crime

Nortje, Windell (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 ...
Social protection instruments and women workers in the informal economy : a Southern African perspective

Fourie, Elmarie (PER/PELJ, 2021)

The world of work has changed and in some instances a realisation now exists that certain forms of work are a reality and not a passing occurrence, and it is of the utmost importance that international regulation provides ...
Altering the human genome : mapping the genome editing regulatory system in South Africa

Townsend, Beverley; Shozi, Bonginkosi (PER/PELJ, 2021)

Novel therapeutic strategies using genome editing technologies, such as CRISPR-Cas9 are revolutionising the way in which diseases can be prevented and treated in the future. Consequently, a global debate has emerged ...
An analysis of the "National Security Interest" provision in terms of section 18A of the Competition Act 89 of 1998

Tavuyanago, Simbarashe (PER/PELJ, 2021)

This contribution examines the implications of the "national security provision" in terms of section 18A of the Competition Act 89 of 1998 as inserted by section 14 of the Competition Amendment Act 18 of 2018. The effect ...
The standard of the reasonable person in determining negligence – comparative conclusions

Ahmed, Raheel (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 ...
Family conferencing : responsibility at grassroots level – a comparative analysis between the Netherlands and South Africa

Spijker, Arda; De Jong, Madelene (PER/PELJ, 2021)

As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to ...
The significance of sea-level rise for the continuation of states and the identity of their people

Farran, Sue (PER/PELJ, 2021)

This article considers the legal institutions which give people identity and may anchor them to particular places. But what happens to that identity when "place" no longer exists? The focus of this article is the question ...
An analysis of the implementation of the caselines system in South African courts in the light of the provisions of section 27 of the electronic communications and transactions act 25 of 2002 : a beautiful dream to come true in civil procedure

Mabeka, Nombulelo Queen (PER/PELJ, 2021)

The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been ...
Nobody can really afford Legal Services : the price of justice in Namibia

Zongwe, Dunia (PER/PELJ, 2021)

Nobody (except for the privileged few) can afford legal services in Namibia. In the light of this dawning awareness, how should the government and other stakeholders design the legal profession so that the greatest ...
Exempting Health Research from the Consent Provisions of POPIA

Thaldar, Donrich; Townsend, Beverley (PER/PELJ, 2021)

The Protection of Personal Information Act 4 of 2013 (hereafter POPIA) has the potential to disrupt health research in South Africa. While the legal status quo is that broad consent by research participants is acceptable, ...
Deterministic application of Process-centric Law to the System-centric Requirements of Procurement Procedures

Wickens, David (PER/PELJ, 2021)

South Africa's public procurement system is accorded constitutional status, establishing fundamental requirements for the operation of the system. The application of these constitutional system requirements and their ...
The development of cryptocurrencies as a payment method in South Africa

Hamukuaya, Nghililewanga H. (PER/PELJ, 2021)

The use of currency as a medium of exchange for goods and services is essential in our daily lives. The concept of currency evolved from bartering to the use of coins and notes and now to the current digital age as the ...
A duty perspective on the Hate Speech Prohibition in the Equality Act

Marais, Maria E. (Marelize) (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 right of child offenders to intermediary assistance in the Criminal Justice System : a South African perspective

Bekink, Mildred (PER/PELJ, 2021)

The right of a child offender to participate effectively in criminal proceedings is a fundamental aspect of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as ...
Fraus Legis in Constitutional Law : the case of Expropriation "Without" or for "Nil" compensation

Van Staden, Martin (PER/PELJ, 2021)

Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To ...
DNA evidence as the basis for conviction

Meintjes-van der Walt, Lirieka; Dhliwayo, Priviledge (PER/PELJ, 2021)

The sufficiency of DNA evidence alone, with regard to convicting accused persons, has been interrogated and challenged in criminal cases. The availability of offender databases and the increasing sophistication of crime ...
The Consumer Protection Act 68 of 2008 and Parol Evidence

Lombard, Marianne (PER/PELJ, 2021)

The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic ...
Data commercialisation in the South African Health Care Context

Botes, Marietjie; Olckers, Antonel; Labuschaigne, Melodie (PER/PELJ, 2021)

Realisation of the value and the commercialisation potential of data is gaining exponential momentum. The combination of historical data exploitations and the use of technologies that allow for the triangulation of data ...
The taxation of company distributions in respect of hybrid instruments in South Africa : lessons from Australia and Canada

Tredoux, Liezel; Van der Linde, Kathleen (PER/PELJ, 2021)

Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while ...
Compensating landowners? The state's (Limited) duty toward landowners in delayed eviction matters

Fick, Sarah (PER/PELJ, 2021)

The unlawful occupation of private land creates a tension between the interests of the unlawful occupiers to avoid homelessness and the landowner to regain control of its property. To balance the interests and rights ...