Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 60-79 of 963
-
Balancing Responsibilities – Financial Literacy
(2017)In Australia there is an obligation to promote the informed participation of financial consumers while in South Africa there is an obligation to educate consumers. The Australian obligation is concerned with the financial ... -
The bald and golden eagle protection act, species-based legal protection and the danger of misidentification
(2015)The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the ... -
Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) : paving the way for formal protection of Informal Land Rights
(PER/PELJ, 2020)In Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) the court, duly following the judicial guidance provided in Maledu v Itereleng Bakgatla Mineral Resources 2019 2 SA 1 (CC), made an important pronouncement ... -
Barriers to advocacy and litigation in the equality courts for persons with disabilities
(2014)The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) and the fulfilment of the South African state's obligations in terms of the Convention on the Rights ... -
Battered women and the requirement of imminence in self-defence
(2013)Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most ... -
The Battle of the Bakgatla-Ba-Kgafela Community: Access to and Control of Communal Land
(2017-11-07)Like numerous other traditional communities in South Africa, the Bakgatla-Ba-Kgafela community lost portions of their ancestral land in the pre-constitutional era. Under an all-encompassing land reform programme, which ... -
Behoort die saaklike ooreenkoms aan vormvereistes onderwerp te word?
(North-West University (Potchefstroom Campus), Faculty of Law, 2008) -
The Bench and Academia
(2009) -
Beneficiary Fraud and Demand Guarantees
(PER/PELJ, 2022)It is settled in South African and English law that for the fraud exception to apply to demand guarantees or letters of credit the fraud must have been committed by the beneficiary (or his agent with the beneficiary's ... -
The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land
(2012)Although developments subsequent to the judgment have undermined the value of the decision for the community involved, the Constitutional Court's judgment in the Bengwenyama matter provides a welcome precedent on the ... -
The best of both worlds? some reflections on the interaction between the common law and the Bill of rights in our new constitution
(1999)The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed in this paper. "Common law" is understood broadly to include not only the Roman-Dutch law, but also the ... -
Between economic and legal analysis of incorporated things: a critical "no" to Aedilitian remedies
(2006)This article analyses the dictum of the Phame v Paizes 1973 3 397 (A) within economic and legal principles to determine whether incorporeal things could possess characteristics of value or quality characteristics as in ... -
Between norms and facts: the constitutional court's commitment to pluralism in South Africa's radically heterogeneous public schools
(2015)The recognition of pluralism constitutes a golden thread that runs through the Constitutional Court’s entire oeuvre of work. This ‘right to be different’ finds its initial footing in Gauteng Education Bill, Prince, and ... -
Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People
(PER/PELJ, 2018)In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons. ... -
Beyond the contours of normally acceptable political violence: Is Cameroon a conflict/transitional society in the offing?
(2019)Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in ... -
Bhuiyan, Md J.H. and Jensen D. (eds). 2020. Law and Religion in the Liberal State (Hart Publishing 2020) ISBN 978 1 50992 633 6 (cased); 978 1 50992 635 0 (eBook); ePub 978 1 50992 634 3 [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Law and Religion in the Liberal State, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Darryn Jensen. The book contains a collection of papers dealing with the ... -
Bhuiyan, Md J.H. and Khan, B.U. (eds). 2019. Revisiting the Geneva Conventions: 1949-2019. (Brill Nijhoff Leiden ISBN 978 90 04 37553 6 (cased); 978 90 04 37554 3 (eBook) [Book review]
(PER/PELJ, 2020)This contribution reviews the book titled Revisiting the Geneva Conventions: 1949-2019, edited by two legal scholars, namely Md Jahid Hossain Bhuiyan and Borhan Uddin Khan. The book is a commemoration of the 70th anniversary ...
