Browsing PER: 2016 Volume 19 by Issue Date
Now showing items 1-20 of 55
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Legal ethics, rules of conduct and the moral compass – considerations from a law student's perspective
(2016)When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ... -
Protection of the African lion: a critical analysis of the current international legal regime
(2016)This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes ... -
Concern regarding the "debt" created by rule 14.10.9 of the government employees' pension fund rules
(2016)This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that ... -
Planning and Arun's (not so straight and narrow) roads
(2016)Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other ... -
The admission and enrolment of foreign legal practitioners in South Africa under the Legal Practice Act: international trade law and constitutional perspectives
(2016)Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among ... -
Doctrinal sanction and the protection of the rights of religious associations: Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13) [2014] ZASCA 151
(2016)Scholarship on the protection of religious rights and freedoms in the context of religious associations in South Africa has gained in momentum since the decision by the Equality Court in Johan Daniel Strydom v Nederduitse ... -
The core meaning of human dignity
(2016)The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult ... -
Judicial understanding of the reliability of eyewitness evidence: a tale of two cases
(2016)One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it ... -
Employers' statutory vicarious liability in terms of the protection of Personal Information Act
(2016)A person whose privacy has been infringed upon through the unlawful, culpable processing of his or her personal information can sue the infringer's employer based on vicarious liability or institute action based on the ... -
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ... -
An evaluation of the self-regulation of promotional competitions in South Africa
(2016)Promotional competitions are competitions in which prizes are awarded by lot or chance in order to promote goods or services. In order to protect participants and consumers against abuse, these competitions are usually ... -
Strengthening locus standi in human rights litigation in Zimbabwe: an analysis of the provisions in the new Zimbabwean constitution
(2016)Zimbabweans have been both victims of and witnesses to serious human rights violations over the years. Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, ... -
The commission as a party before the court – reflections on the complementarity arrangement
(2016)The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the ... -
Investigating the reasons behind the increase in medical negligence claims
(2016)Medical negligence claims have increased significantly over the last number of years. The trend is still ongoing and concerns have been raised about the impact of this increase on the medical industry. Medical practitioners ... -
Recent developments in sexual offences against children – a constitutional perspective
(2016)This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. This Act is addressed ... -
Understanding the limitations to the right to strike in essential and public services in the SADC region
(2016)The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia ... -
The reinstatement and compensation conundrum in South African labour law
(2016)The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications ... -
The impact of minority status in the application of affirmative action: NAIDOO v MINISTER of SAFETY and SECURITY 2013 5 BLLR 490 (LC)
(2016)Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive ... -
Step-parent adoption gone wrong: GT v CT [2015] 3 ALL SA 631 (GJ)
(2016)Step-parent adoption happens where a child is adopted by the spouse or civil union partner of a biological parent. This is a drastic invasion into the life of a child because (except if provided for otherwise) an adoption ... -
Compensation for what? An analysis of the outcome in Arun Property Development (PTY) LTD v Cape Town City
(2016)In Arun Property Development (Pty) Ltd v Cape Town City the Constitutional Court awarded compensation for land that vested in the City of Cape Town in terms of a regulatory framework. The regulatory framework, sections 25 ...