Browsing PER: 2014 Volume 17 No 1 by Title
Now showing items 1-14 of 14
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The case of government of the Republic of Zimbabwe v Louis Karel Fick : a first step towards developing a doctrine on the status of international judgments within the domestic legal order
(2014)The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the ... -
A comparative overview of the (sometimes uneasy) relationship between digital information and certain legal fields in South Africa and Uganda
(2014)The present article focuses on the (sometimes problematic) relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, ... -
Constitutional analysis of intellectual property
(2014)This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) ... -
The constitutional influence on organ transplants with specific reference to organ procurement
(2014)This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a ... -
Demystifying the role of copyright as a tool for economic development in Africa : tackling the harsh effects of the transferability principle in copyright law
(2014)In the English common law tradition copyright is seen as being in the nature of a property right and thus alienable and transmissible from one person to the other. In contrast, the droit d’auteur system of Continental ... -
ICT laws in Nigeria : planning and regulating a societal journey into the future
(2014)This paper examines the laws on Information and Communications Technology in Nigeria, and the institutional regulatory framework for enforcing the relevant laws. It further appraises selected concepts associated with ICT ... -
The interpretation to be accorded to the term "benefits" in section 186(2)(a) of the LRA continues : Apollo Tyres South Africa (pty) Limited v CCMA (DA1/11) [2013] ZALAC 3
(2014)The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any ... -
Legal challenges relating to the commercial use of outer space, with specific reference to space tourism
(2014)Since the launch of the first artificial satellite, Sputnik 1 in 1957, the outer space arena has evolved to include non-state entities, which are becoming serious participants in outer space activities themselves, including ... -
The legislative authority of the local sphere of government to conserve and protect the environment : a critical analysis of Le Sueur v eThekwini Municipality [2013] ZAKZPHC 6 (30 January 2013)
(2014)Legislative authority in South Africa is divided among the national, provincial and local spheres of government. Section 43 of the Constitution provides in this respect that the legislative authority of the national sphere ... -
The modern-day impact of cultural and religious diversity : "managing family justice in diverse societies"
(2014)This contribution deals with the modern-day impact of cultural and religious diversity and comments on some of the viewpoints to be found in Managing Family Justice in Diverse Societies.1 The topics dealt with in this ... -
"Public purpose or public interest" and third party transfers
(2014)In this article the difference between public purpose and public interest in section 25(2) of the 1996 Constitution is considered. It is generally accepted that public purpose is a narrower category than public interest ... -
Reflections on how to address the violations of human rights by extractive industries in Africa : a comparative analysis of Nigeria and South Africa
(2014)Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating ... -
The regulations relating to foodstuffs for infants and young children (R 991) : a formula for the promotion of breastfeeding or censorship of commercial speech?
(2014)The regulation of commercial speech in the interests of public health is an issue which recently has become the topic of numerous debates. Two examples of such governmental regulation are the subjects of discussion in this ... -
Towards the protection of human rights: do the new Zimbabwean constitutional provisions on judicial independence suffice?
(2014)If human rights are to be effectively protected in any country, the judiciary has to recognise that it also has a role to play in this regard. The rationale for this is that the judiciary has a duty to enhance and protect ...