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 [52]

Recent Submissions

Frankenberg G comparative constitutional studies – Between magic and deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook)

Venter, Francois (PER / PELJ, 2018)

This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward Elgar Publishing in 2018
Moosa IA publish or perish. Perceived benefits versus unintended consequences (2018 Edward Elgar Publishing UK)

Carnelley, Marita (PER / PELJ, 2018)

This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by Edward Elgar Publishing in 2018
The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise Act 91 of 1964: An appraisal of recent developments in case law

Vinti, Clive (Vinti, C. 2018. The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise act 91 of 1964: An appraisal of recent developments in case law. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2018(21):1-25. [http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4268], 2018)

This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of Trade and Industry to amend Schedule 1 to the Customs and Excise Act 91 of 1964 (hereafter, CEA) in respect of ...
Modderklip revisited: Can courts compel the state to expropriate property where the eviction of unlawful occupiers is not Just and equitable?

Dugard, Jackie (PER / PELJ, 2018)

This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to ...
The constitutionalisation of the test for statutory illegality in South African contract law: Cool ideas v Hubbard 2014 4 SA 474 (CC)

Golela, Odwa (PER / PELJ, 2018)

This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) ...
A duty of support for all South African unmarried intimate partners Part I: The limits of the cohabitation and marriage based models

Bonthuys, Elsje (PER / PELJ, 2018)

The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had ...
An Appraisal of the Functioning and Effectiveness of the East African Court of Justice

Possi, Ally (PER / PELJ, 2018)

This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East ...
The protection of children's right to self-determination in South African law with specific reference to medical treatment and operations

Kruger, Hanneretha (PER / PELJ, 2018)

The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity ...
The right to strike and replacement labour: South African practice viewed from an international law perspective

Kujinga, Tungamirai (PER / PELJ, 2018)

South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. ...
A duty of support for all South African unmarried intimate partners Part 2: Developing customary and common law and circumventing the volks judgment

Bonthuys, Elsje (PER / PELJ, 2018)

Part I of this two-part article argued that post-constitutional developments of the right to support have excluded the largest and most vulnerable sector of South African women – African women in invalid customary marriages ...
Formal regulation of third party litigation funding agreements? A South African perspective

Khoza, Mpho Justice (PER/PELJ, 2018)

In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with regard to non-lawyers. This article is based on research conducted to determine whether regulating ...
Preserving the integrity of medical-related Information – How "Informed" is consent?

Njotini, Mzukisi Niven (PER/PELJ, 2018)

Health care services are recognised as a right. These services are available to "everyone" who needs them. This availability ensures that users, that is, persons who receive treatment in a health establishment or who are ...
African organic product standards for the African continent? Prospects and limitations

Lim Tung, Odile Juliette (PER/PELJ, 2018)

Organic agriculture is a sustainable agricultural system with high environmental protection and animal welfare. In 2015, the world organic agriculture covered 50.9 million hectares with Oceania as the biggest regional ...
The reasonable accommodation of employees with cancer and their right to privacy in the workplace

Maimela, Charles (PER/PELJ, 2018)

The duty of employers to reasonably accommodate employees living with disabilities is fundamental and is invoked on a daily basis in response to various health conditions which employees experience, such as cancer. While ...
Sounding the alarm: government of the republic of Namibia v LM and Women's Rights during childbirth in South Africa

Pickles, Camilla (PER/PELJ, 2018)

Government of the Republic of Namibia v LM [2014] NASC 19 (hereafter the LM case) concerns the involuntary sterilisation of women during childbirth. The Supreme Court of Namibia found that obtaining consent during the ...
Some drastic measures to close a loophole: the case of pienaar brothers (PTY) LTD v commissioner for the South African Revenue Service(87760/2014) [2017] ZAGPPHC 231 (29 May 2017) and the targeted retroactive Amendment of Section 44 of the income tax Act58 of 1962

Tredoux, Liezel Gaynor; Van Zyl, Stephanus Phillipus (PER / PELJ, 2018)

A taxpayer has the right to arrange his tax affairs within the constraints of the law to his best advantage to pay the least amount of tax. Coupled with this right is the taxpayer's right ...
Attacks on the judiciary: undercurrents of a political versus legal constitutionalism dilemma?

Kawadza, Herbert (PER /PELJ, 2018)

A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in ...
Does albinism fit within the legal definition of disability in the employment context? A comparative analysis of the judicial interpretation of disability under the SA and the US non-discrimination laws

Mswela, Mphoeng Maureen (PER / PELJ, 2018)

South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by ...
Inheritance rights for posthumously procreated children: a growing challenge for the law

Noel Zaal, Frederick; d'Almaine, Justin (PER / PELJ, 2018)

Significant advances in cryogenic technology render it possible to freeze and store human gametes. Under appropriate laboratory conditions frozen gametes can remain viable for long periods of time. In consequence, it is ...
Parental criminal responsibility for the misconduct of their children: a consideration

van der Bijl, Charnelle (PER, 2018)

This contribution examines the criminal responsibility that is imposed upon parents for the delinquent acts of their children. As South African law has been swayed by the legal philosophy of Anglo-American jurisprudence, ...