Browsing PER: 2012 Volume 15 No 5 by Title
Now showing items 1-20 of 20
-
African-style mediation and Western-style divorce and family mediation: reflections for the South African context
(2012)Both Western-styled mediation and African-styled mediation are practised in South Africa. Each of these models is applied in specific social contexts. In this article a brief explanation of what is meant by the term ... -
An analysis of the dispute settlement mechanism under the consumer protection act 68 of 2008
(2012)This article critically analyses the provisions of the Consumer Protection Act 68 of 2008, which deals with the enforcement of consumer rights. The Act provides for various forums where consumers can seek redress in cases ... -
Cave pecuniam: lawyers as launderers
(2012)The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money ... -
The child justice act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(2012)The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children ... -
Determining the effect (the social costs) of exclusion under the South African exclusionary rule: should factual guilt tilt the scales in favour of the admission of unconstitutionally obtained evidence?
(2012)Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of unconstitutionally obtained evidence in criminal trials. Three groups of factors must be considered to assess whether ... -
The doctrine of quasi-mutual assent - has it become the general rule for the formation of contracts? The case of Pillay v Shaik 2009 4 SA 74 (SCA)
(2012)The doctrine of quasi-mutual assent is undoubtedly part of our South African law and has been affirmed and applied in a number of leading decisions. The purpose of this note is to offer a critical analysis of the application ... -
European and American perspectives on the choice of law regarding cross-border insolvencies of multinational corporations - suggestions for South Africa
(2012)An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the ... -
The influence of the consumer protection act 68 of 2008 on the common law warranty against eviction: a comparative overview
(2012)The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant ... -
Maccsand (Pty) Ltd v City of Cape Town 2012 (4) SA 181 (CC)
(2012)The Constitutional Court in Maccsand (Pty) Ltd v City of Cape Town (CCT 103/11) 2012 ZACC 7 decided that the granting of mining rights or mining permits by the Minister of Mineral Resources in terms of the Mineral and ... -
Planning in all its (dis)guises: spheres of government, functional areas and authority
(2012)The Constitution determines that the legislative and executive powers regarding 'regional planning and development', 'urban and rural development', 'provincial planning' and 'municipal planning' are divided among the ... -
Raamwerkwetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(2012)Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain ... -
Some comments on the scheme of arrangement as an "affected transaction" as defined in the companies act 71 of 2008
(2012)A scheme of arrangement involving a regulated company and its shareholders is defined as an "affected transaction" in the Companies Act 71 of 2008. Although scheme of arrangements, which can be used to achieve a takeover ... -
Termination-of-pregnancy rights and foetal interests in continued existence in South Africa: the choice on termination of pregnancy act 92 of 1996
(2012)The aim of this article is to demonstrate that, although South Africa has permissive termination-of-pregnancy legislation, to the extent that women can terminate firstand second-trimester pregnancies on demand and for ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part one
(2012)This article takes as its starting point a controversy which has arisen around a proposed assessment by the South African government of the decisions of the Constitutional Court, giving rise to concerns that this will ... -
Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part two
(2012)Part One of this article traced rising tensions between the South African executive and the judiciary on the question of the separation of powers. This situation was then contrasted and compared with a clash which took ...