Browsing PER: Potchefstroom Electronic Law Journal by Title
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70 Years after the UDHR: A Provocative Reflection Shaped by African Experiences
(PER/PELJ, 2020)The 70th anniversary of the adoption of the Universal Declaration of Human Rights presents an opportunity for critical reflections from the Global South on why the dream of universalising the rights contained in this ... -
Aantekeninge oor die Wet op Huurbehuising 50 van 1999
(2002)On 1 August 2000 the Rental Housing Act 50 of 1999 came into operation. This is a typical example of an act which attempts to, in conjunction with the private sector, provide for third generation fundamental rights. This ... -
Aboriginal customary law: A source of common law title to land (2014 Hart Publishing Oxford and Portland Oregon)
(PER, 2018)This contribution provides a short review of the book by Ulla Secher Aboriginal Customary Law: A Source of Common Law Title to Land on aboriginal customary law as a source of common law title to land published in 2014. -
Accountability of law enforcement personnel for Human Rights Violations in Cameroon : trends and challenges
(PER/PELJ, 2021)Law enforcement personnel are critically important in both the security and criminal justice sectors. Unlike ordinary citizens, they possess the broad powers needed to perform the tasks in these sectors: for example, they ... -
Achieving "decent work" in South Africa?
(2012)The fundamental goal of the International Labour Organisation is the achievement of decent and productive work for both women and men in conditions of freedom, equity, security and human dignity. The South African ... -
Achieving equity in the fishing industry: the fate of informal fishers in the context of the policy for the small-scale fisheries sector in South Africa
(2013)The implementation of the Marine Living Resources Act 18 of 1998 which governs fisheries management in South Africa is guided by a series of objectives. Chief amongst these are the need to ensure resource sustainability, ... -
Address to commemorate the 2013 Martin Luther King day at the Law Faculty, University of Michigan
(2013)The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are high mimetic figures who inspire us to be better. Their legacy and memory operate as a yardstick by ... -
Addressing the spectre of cyber terrorism: a comparative perspective
(2012)This article looks at the definition of cyber terrorism and terrorist use of the Internet. The article evaluates cyber terrorist threats facing countries such as the United States of America, the United Kingdom, India ... -
Administrative bias in South Africa
(2005)This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, ... -
The admission and enrolment of foreign legal practitioners in South Africa under the Legal Practice Act: international trade law and constitutional perspectives
(2016)Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among ... -
Affiliation to a new customary law in post-apartheid South Africa
(2015)This article examines the possibility that in the post-apartheid South African legal system South African citizens can voluntarily change their customary law and affiliate to a new one in the true spirit of citizenship. ... -
African indigenous land rights in a private ownership paradigm
(2011)It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indige-nous land rights systems are necessarily "communal" in nature, ... -
African organic product standards for the African continent? Prospects and limitations
(PER/PELJ, 2018)Organic agriculture is a sustainable agricultural system with high environmental protection and animal welfare. In 2015, the world organic agriculture covered 50.9 million hectares with Oceania as the biggest regional ... -
The African Union's Self Financing Mechanism : A Critical Analysis in terms of the World Trade Organisation's Rules and Regulations
(PER/PELJ, 2022)The purpose of this paper is to critically analyse from a theoretical perspective the compatibility of the African Union's (AU's) self-financing mechanism (SFM) with the rules and regulations of the World Trade Organisation ... -
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 ... -
Alignment of Student Discipline Design and Administration to Constitutional and National Law Imperatives in South Africa
(2011)Higher Learning Institutions (HEIs) have an important role to play in the promotion of respect for fundamental human rights and other constitutional imperatives. This article will demonstrate that the design and ... -
All roads lead to property: Pashukanis, Christie and the theory of restorative justice
(2013)Nils Christie is acknowledged generally as the theoretical founding father of restorative justice. Evgeny Pashukanis may be taken as the premier Marxist theoretician of law. This essay represents an endeavour to read ...
