Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 376-395 of 963
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Harmonising legal values and uBuntu : the quest for social justice in the South African Common Law of Contract
(PER/PELJ, 2019)In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how ... -
Harnessing intellectual property for development: some thoughts on an appropriate theoretical framework
(2013)This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP ... -
Has the Balance been Struck The Decision in Johncom Media Investments Limited v M 2009 4 SA 7 (CC)
(2011)The case of Johncom Media Investments Limited v M 2009 4 SA 7 (CC) required of the Constitutional Court to strike a balance between the rights to privacy and the right to freedom of expression as a consequence of section ... -
Hate speech and racial slurs in the South Afican context : where to start
(PER/PELJ, 2020)Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the legislative protection, a fine balance must be struck between the rights ... -
Hate Speech Provisions and Provisos: A Response to Marais and Pretorius and Proposals for Reform
(2017-11-06)This article responds to some of the issues raised by Marais and Pretorius in their 2015 article titled "A Contextual Analysis of the Hate Speech Provisions of the Equality Act" published in 2015(18)4 PER 901. In particular, ... -
The historical context of Land Reform in South Africa and early policies
(2014)The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The ... -
A historical overview of the regulation of market abuse in South Africa
(2014)In an early attempt to combat market abuse in the South African financial markets, legislation such as the Companies Act, the Financial Markets Control Act and the Stock Exchanges Control Act were enacted. However, these ... -
The history of labour hire in Namibia: a lesson for South Africa
(2013)Labour hire, the practice of hiring out employees to clients by a labour broker, has been a part of Namibia’s history since the early 1900s in the form of the contract labour system. This form of employment was characterized ... -
HIV/AIDS, to disclose or not to disclose: that is the question
(2013)The systemic consequences of the HIV/AIDS pandemic in South Africa are evident not only in demographic, economic and social trends, but also on a micro- and personal level, where they are devastating. Those infected with ... -
House of Traditional Leaders: Role, problems and future
(2000)A national House of Traditional Leaders and provincial Houses of Traditional Leaders have been established in terms of Constitution of the Republic of South Africa, 1993. The role of Traditional leaders at provincial and ... -
How could the pension funds adjudicator get so wrong? A critique of Smith versus Eskom Pensiion and Provident fund
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In this case note the judgment in the Smith case is criticized for being inconsistent with the landmark ruling in Volks. It is argued that the Adjudicator ought to have remanded the matter in Smith to the Board and ought ... -
How to use voluntary, self-regulatory and alternative environmental compliance tools: some lessons learnt
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)A number of alternative environmental enforcement tools are available that may be used to enhance the environmental enforcement effort in South Africa. Current debate focuses on which tools work effectively and the reasons ... -
Huidige Regsontwikkeling ten aansien van Uitwinbaarverklaring van ʼn Verband oor ʼn Onroerende Saak
(2015)There are strict formalities involved when a mortgagee (as holder of a real security right) wants to declare immovable property executable to satisfy outstanding debt. There are various stages in this foreclosure process ... -
Human rights and the new sustainable mechanism of the Paris agreement: A new opportunity to promote climate justice
(PER, 2018)In the light of the new era of climate action under the Paris Agreement (PA) and the rights and justice issues raised by climate change-related policies and measures, this paper discusses the integration of a human rights ... -
Human rights commission et al: what is the role of South Africa's chapter 9 institutions?
(2006)The six independent institutions established under Chapter 9 of the South African Constitution have been heavily criticised recently. One of the reasons that they are vulnerable to criticism is a lack of understanding ... -
Human rights that influence the mentally ill patient in South African medical law: a discussion of sections 9; 27; 30 and 31 of the constitution
(2011)The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection ... -
A human rights-based approach to poverty reduction: the role of the right of access to medicine as an element of the right of access to health care
(2013)The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks ... -
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 impact of HIV/AIDS regarding informal social security: Issues and perspectives from a South African context
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The purpose of the article is to examine the right to social assistance for households living with HIV/AIDS in South Africa. In particular, the article focuses on the impact of this pandemic on households' access to ...
