Browsing PER: 2021 Volume 24 by Title
Now showing items 50-69 of 71
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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 ... -
The regulation and use of artificial intelligence and 5G technology to combat cybercrime and financial crime in South African Banks
(PER/PELJ, 2021)Artificial intelligence (AI) and fifth generation network technology (5G) are now being utilised by some companies and financial institutions such as banks to enhance their competitiveness and expand their businesses. ... -
The reliance on lifestyle audits for public officials to curb corruption and tax evasion in Nigeria
(PER/PELJ, 2021)Widespread corruption in the Nigerian public service is having a far-reaching detrimental effect on the economy. Public officers and other policy makers that formulate socio-economic policies are the main perpetrators ... -
Reviewing the Speaker's decision : a brief synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)
(PER/PELJ, 2021)In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in ... -
Revisiting the Zimbabwean unfair labour practice concept
(PER/PELJ, 2021)The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices ... -
Revoking a decision to suspend payment of disputed tax "on further consideration": an Administrative Law Perspective
(PER/PELJ, 2021)The "pay now, argue later" rule entails that the obligation to pay tax and the right of the South African Revenue Service (SARS) to receive and recover tax are not suspended by objection or appeal. However, in terms of ... -
The right of child offenders to intermediary assistance in the Criminal Justice System : a South African perspective
(PER/PELJ, 2021)The right of a child offender to participate effectively in criminal proceedings is a fundamental aspect of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as ... -
The role of the courts in advancing water security in South Africa
(PER/PELJ, 2021)This article explores the role which courts could play in promoting water security in South Africa. As the country is one of the driest on the continent, its water security issues remain at the forefront of the service ... -
Shareholder oppression as corporate conduct repugnant to public policy : infusing the concept of Ubuntu in the interpretation of Section 163 of the Companies Act 71 of 2008
(PER/PELJ, 2021)The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a ... -
Should South Africa criminalise Ukuthwala leading to forced marriages and child marriages?
(PER/PELJ, 2021)In 2014 the South African Law Reform Commission (SALRC) released a Discussion Paper on the practice of ukuthwala. The Discussion paper was revised and released again in 2015 to include public consultations and the proposed ... -
The significance of sea-level rise for the continuation of states and the identity of their people
(PER/PELJ, 2021)This article considers the legal institutions which give people identity and may anchor them to particular places. But what happens to that identity when "place" no longer exists? The focus of this article is the question ... -
Social protection instruments and women workers in the informal economy : a Southern African perspective
(PER/PELJ, 2021)The world of work has changed and in some instances a realisation now exists that certain forms of work are a reality and not a passing occurrence, and it is of the utmost importance that international regulation provides ... -
South Africa's journey to climate change regulation : Earthlife Africa Johannesburg v Minister of Environmental Affairs 2017 2 All SA 519 (GP)
(PER/PELJ, 2021)Concerns over climate change are increasingly reaching an urgent level. Many countries have begun focusing their efforts on mitigating its devastating impact. At the same time countries need to ensure their economic growth ... -
The standard of the reasonable person in determining negligence – comparative conclusions
(PER/PELJ, 2021)The standard of the reasonable person or its equivalent, in general, is used in many jurisdictions to determine fault in the form of negligence. Although the standard is predominantly objective it is also subjective ... -
The taxation of company distributions in respect of hybrid instruments in South Africa : lessons from Australia and Canada
(PER/PELJ, 2021)Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while ... -
Throwing the unlawful detention Jurisprudence into Turmoil : a critique of De Klerk V Minister of Police 2020 1 SACR 1 (CC)
(PER/PELJ, 2021)Before the judgement in De Klerk v Minister of Police 2020 1 SACR 1 (CC), (de Klerk), a plaintiff could claim damages for unlawful arrest and detention after the first appearance in court if the arresting (or the ... -
Towards ingenious technology and the robust enforcement of financial markets laws to curb money laundering in Zimbabwe
(PER/PELJ, 2021)Technology has positively contributed to the creation of financial markets and the facilitation of payments globally. The effective use of robust technology could enhance the consistent enforcement of financial market ...
