Browsing PER: 2019 Volume 22 by Title
Now showing items 58-71 of 71
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The question is "should insurers continuously update policyholder records"? insurance law requires the principles of administrative law to settle disputes between the policyholder and the insurer
(PER/PELJ, 2019)It is possible to argue that the Financial Advisory Intermediary Services Ombud (hereafter FAIS Ombud) has jurisdiction to consider insurer's decisions not to update their internal administrative systems. The FAIS Ombud ... -
The ratification of inadequate surrogate motherhood agreements and the best interest of the child
(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 ... -
Re-Categorising public procurement in South Africa: Construction works as a special case
(PER/PELJ, 2019)Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. Construction works are considered to constitute services and as such are not specifically referred ... -
The resonance of colonial era customary codes in contemporary Uganda
(PER/PELJ, 2019)Colonial era codifications of customary law – especially those codified in indigenous first languages – have a resilient capacity to form and inform living customary law. In the context of Mukono District, Uganda, modern ... -
The right to be granted access over the property of others in order to enter prospecting or mining areas : revisiting Joubert v Maranda Mining Company (Pty) Ltd 2009 4 All SA 127 (SCA)
(PER/PELJ, 2019)A new mineral law regime was introduced when the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) commenced. Common law mineral rights were abolished and replaced by statutorily created rights to minerals. ... -
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
(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 ... -
The Search and Seizure of Digital Evidence by Forensic Investigators in South Africa
(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 ... -
Sexual harassment: Why do victims so often resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)
(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 South African class Action mechanism: Comparing the opt-in regime to the opt-out regime
(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 ... -
Standing on unsteady ground: AREVA NP incorporated in France v Eskom SOC LTD
(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, ... -
The suspension and setting aside of delinquency and probation orders under the Companies Act 71 of 2008
(PER/PELJ, 2019)A significant innovation of the Companies Act 71 of 2008 is contained in section 162. This provision empowers a court to declare a director delinquent or under probation on various grounds. The effect of a delinquency order ... -
Tagging and Tracking of Persons with Albinism: A Reflection of Some Critical Human Rights and Ethical Issues Arising from the Use of the Global Positioning System (GPS) as Part of a Solution to Cracking Down on Violent Crimes Against Persons withAlbinism
(PER/PELJ, 2019)Recent years have seen an increase in the use of the Global Positioning System (GPS) by both private and public entities for the purpose of tracking and monitoring the location of human beings. The ... -
Unintentionally trapped by debt review : procedural Inadequacies in the National Credit Act34 of 2005 relating to withdrawal from the debt review process
(PER/PELJ, 2019)The debt review procedure in terms of the National Credit Act 34 of 2005 is functioning relatively well and benefits both consumers and credit providers. This is despite its somewhat scarce procedural prescriptions, which ... -
The value of the persistent objector doctrine in international human rights law
(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 ...