Browsing PER: 2017 Volume 20 by Title
Now showing items 43-62 of 68
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Oral Law in Litigation in South Africa: An Evidential Nightmare?
(2017-10-26)In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with ... -
A pluralist approach to the law of international sales
(2017)International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff ... -
Post-commencement finance – domiciled resident or uneasy foreign transplant?
(2017)The 2008 Companies Act 71 of 2008 introduced a new business rescue regime into South African company law, bringing it into line with trends in developed countries, particularly the United States. Indeed, it appears that ... -
Prosecuting the Offence of Misappropriation of Public Funds: An Insight into Cameroon's Special Criminal Court
(2017)The fight against the misappropriation of public funds for private gain perpetrated by individuals, especially public servants, enjoys different degrees of commitment by different countries. The enactment of laws and ... -
The Public Protector as a Mechanism of Political Accountability: The Extent of its Contribution to the Realisation of the Right to Access Adequate Housing in South Africa
(2017)This paper is premised on the concept of political accountability which aims to hold accountable government for its action and or omission. Political accountability encompasses a number of mechanisms such as the judiciary ... -
Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform
(2017-12-19)Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the ... -
Regulating against business "fronting" to advance black economic empowerment in Zimbabwe: lessons from South Africa
(2017)This article examines Zimbabwe's indigenisation legislation, points out some of its inadequacies and draws lessons from South Africa's experiences in implementing its own indigenisation legislation. Both countries have ... -
The Relationship between Restraints of Trade and Garden Leave
(2017)The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint of trade clause in employment contracts, in view of the decision in Vodacom (Pty) Ltd v ... -
The Remedial Action of the "State of Capture" Report in Perspective
(2017)In the State of Capture report the public protector instructed the president to appoint a commission of inquiry to investigate the capture of state institutions by the Gupta family. The president and his family are personally ... -
Responsible Mining: Key Principles for Industry Integrity by Sara Bice(Routledge Earthscan London 2016)
(2017-03-08)This contribution reviews the book entitled "Responsible Mining: Key Principles for Industry Integrity" authored by Sara Bice and published by Routledge in 2016 -
The Right to Just Administrative Action in the Context of Suspending the Payment of Disputed Tax
(2017-12-08)Section 164(3) of the Tax Administration Act 28 of 2011 (hereafter TAA) provides a senior South African Revenue Service official (hereafter, respectively, SARS and senior SARS official) with discretionary powers to suspend ... -
Rights, regulation and bureaucratic impact: the impact of human rights litigation on the regulation of informal trade in Johannesburg
(2017)In contemplating the extent to which rights-based litigation is conducive to positive social change, attention ought to be paid to the bureaucratic impact of court judgments that vindicate rights against the State. As a ... -
The Role of the Labour Court in Collective Bargaining: Altering the Protected Status of Strikes on Grounds of Violence in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd (2016) 37 ILJ 476 (LC)
(2017-12-19)This note explores the powers of the Labour Court as envisaged in the Labour Relations Act 66 of 1995 (LRA), where a protected strike disintegrates into violent riotous conduct. The legal status of protected strikes raises ... -
Selected Developments in South African Labour Legislation related to Persons with Disabilities
(2017)In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups ... -
The Shaping, Enactment and Interpretation of the First Hate-Crime Law in the United Kingdom - An Informative and Illustrative Lesson for South Africa
(PER, 2017)Hate crimes are crimes that are motivated by personal prejudice or bias. Hate-crime laws criminalise such conduct and allow for the imposition of aggravated penalties on convicted perpetrators. This article examines the ... -
Should the Alienation of Land Act 68 of 1981 be amended to Address Homelessness? Sarrahwitz v Maritz 2015 8 BCLR 925 (CC)
(2017-12-05)This case note evaluates the judgment of the Constitutional Court in Sarrahwitz v Maritz 2015 8 BCLR 925 (CC). The authors evaluate the decision of the Constitutional Court to resort to the amendment of the Alienation of ... -
South Africa's Debut into Broadcasting Criminal Trials – The Legal Arguments in Televising the Oscar Pistorius Trail
(2017-12-05)The televising and/or any other form of broadcasting of judicial hearings and of criminal trials in particular is a controversial topic that has not only provoked debate and been argued about by academics, the media and ... -
Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme
(2017)The LLB degree programme (Bachelor of Laws) should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal ... -
Twenty Years of Constitutional Court Judgments: What Lessons are there about Sentencing?
(2017-12-05)This contribution considers the Constitutional Court of South Africa’s judgments regarding aspects of sentencing. It starts with an overview of relevant judgments, before attending in more detail to judgments on the minimum ... -
Using the Law to Combat Public Procurement Corruption in South Africa: Lessons from Hong Kong
(2017)Since South Africa’s political transition in 1994, corruption has been a major feature of the country’s politics. However, the complexity of post-apartheid South African politics has sometimes prevented allegations and ...