Browsing PER: 2021 Volume 24 by Title
Now showing items 34-53 of 71
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The leave of court requirement for instituting derivative actions in the UK : a ten-year jurisprudential excursion
(PER/PELJ, 2021)The judiciary-exclusive role to allow or deny the commencement or continuation of contemporary derivative litigation is one of the critical aspects of such proceedings. Before the 2006 codification, derivative actions ... -
A Legal analysis of the use of innovative technology in the promotion of financial inclusion for low-income earners in South Africa
(PER/PELJ, 2021)The promotion of financial inclusion is important for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most low-income earners living in rural areas and informal settlements ... -
The legal operation of liens : theory and practice
(PER/PELJ, 2021)The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an ... -
Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution
(PER/PELJ, 2021)The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, ... -
Mainstreaming black women into managerial positions in the South African Corporate Sector in the era of the Fourth Industrial Revolution (4IR)
(PER/PELJ, 2021)The active participation of Black South African women in the corporate sector is essential for the achievement of equity and diversity. Since 1994 the sector has failed to promote black women into managerial positions ... -
Moseneke, D. 2020. All Rise: A Judicial Memoir [Book review]
(PER/PELJ, 2021)The contribution is the review of the book published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book ... -
Municipal courts and environmental justice in South African Local Government
(PER/PELJ, 2021)South African law establishes environmental justice (EJ) as among the environmental management principles to direct decision-making. EJ's inclusion as a guiding principle in the National Environmental Management Act 107 ... -
Municipal instruments in law for Cultural Heritage Protection : a case study of the City of Cape Town Metropolitan Municipality
(PER/PELJ, 2021)The premise of this article is that local government can add to the protection effort of cultural heritage resources in South Africa by way of instruments such as by -laws, planning instruments and local policies. Cultural ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
The need to adopt preventative measures to combat the misappropriation of retirement fund assets
(PER/PELJ, 2021)This paper discusses the challenge of the misappropriation of retirement fund assets by trustees, fund asset managers and retirement funds' administrators. It demonstrates that retirement fund members lose substantial ... -
The Nexus between mobile money regulation, innovative technology and the promotion of financial inclusion in Zimbabwe
(PER/PELJ, 2021)The advent of mobile money innovations has given people in rural areas, informal settlements and other poor communities an opportunity to participate in Zimbabwe's mainstream financial economy. However, the technology-driven ... -
Nobody can really afford Legal Services : the price of justice in Namibia
(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 ... -
A note on the ninth amendment to the Constitution of Lesotho
(PER/PELJ, 2021)The Constitution of Lesotho has been amended nine times since its adoption in 1993. The latest amendment, styled the Ninth Amendment to the Constitution, was assented into law in May 2020 amidst great controversy. The ... -
Personal data security in South Africa’s financial services market: the protection of personal information Act 4 of 2013 and the European Union general data protection regulation compared
(PER/PELJ, 2021)The contemporary global financial services market has witnessed a substantial increase in cybercrime which places consumers' personal data at risk. Rapid increases in cybercrime linked to the financial services market ... -
Post-resignation survival of fiduciary duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019)
(PER/PELJ, 2021)In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary ... -
The potential of public-private partnerships (PPPs) in the pursuit of sustainable development goal 11 in Zimbabwe
(PER/PELJ, 2021)The international community has recognised cities as important drivers of development and poverty reduction by including SDG 11 in the United Nations 2030 Sustainable Development Agenda. Even though the Sustainable Development ... -
Quo Vadis Patent Litigation : Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - in search of the bigger picture on Patent Validity
(PER/PELJ, 2021)In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the ... -
Recalibrating everyday space : using Section 24 of the South African Constitution to resolve contestation in the urban and spatial environment
(PER/PELJ, 2021)Positioned as existing predominantly within a green agenda, the right to an environment (section 24 of the Constitution of the Republic of South Africa, 1996) presents numerous opportunities for rights-based interpretation ... -
Reconciling the "Bittersweet Chemistry" between technology and corporate takeovers through reinforcing national security interests in merger control
(PER/PELJ, 2021)This article argues that company takeover regulation regimes must carefully balance two opposing notions. On the one hand, the regime must be designed to enable or facilitate the initiation and successful implementation ... -
Reflecting on the role and impact of the Constitutional Value of uBuntu on the concept of Contractual Freedom and Autonomy in South Africa
(PER/PELJ, 2021)Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter ...
