Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 478-497 of 963
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Land as a "national asset" under the constitution: the system change envisaged by the 2011 Green Paper on land policy and what this means for property law under the constitution
(2014)This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new ... -
Land restitution through the lens of environmental law: some comments on the South African vista
(2006)Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well ... -
Langer, L. 2014. Religious Offence and Human Rights: The Implications of Defamations of Religions (Cambridge University Press 2014) ISBN 9781139600460 [Book review]
(PER/PELJ, 2020)This contribution is a review of a book on actions which may offend religious feelings even if it was not the intention of the offender to do so. This book illustrates how, drawings (amongst others) on the face of it, may ... -
Language Discrimination in the Context of South African Workplace Discrimination Law
(PER/PELJ, 2022)This contribution considers the role of language as a prohibited ground of unfair discrimination in the workplace in South Africa, an area of law that has been somewhat neglected in the literature to date. It starts by ... -
The law and practice of criminal asset forfeiture in South African criminal procedure: a constitutional dilemma
(2014)The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a ... -
The law faculty of the NWU Potchefstroom campus celebrates its half centenary
(2015)The Law Faculty of the North-West University, Potchefstroom Campus, is celebrating its half centenary in 2015, having been founded in 1965. Law subjects were first introduced in 1932 after the Senate had decided on 11 ... -
The Law Regarding Pension Interest in South Africa has been settled! Or has It? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162
(2017-03-31)This article reflects on the law relating to pension interest in South Africa. In particular, it assesses whether the Supreme Court of Appeal in Ndaba v Ndaba (600/2015) [2016] ZASCA 162 adequately clarified how this area ... -
Law's Poverty
(2015)This article adopts an analysis that explicitly politicises poverty and relates it to the concrete history of racialised capitalism and structural inequality that defined colonialism and apartheid and continues to persist ... -
Law, the laws of nature and ecosystem energy services: a case of wilful blindness
(2013)Ecosystems services include the collection, concentration, and storage of solar energy as fossil fuels (e.g., coal, petroleum, and natural gas). These concentrated forms of energy were produced by ancient ecosystem ... -
Laws against strikes – The South African experience in an international and comparative perspective
(PER, 2018)This contribution reviews the book entitled Laws against Strikes – The South African Experience in an International and Comparative Perspective edited by Bob Hepple, Rochelle le Roux and Silvana Sciarra. -
Le Roux v Dey and children's rights approaches to judging
(PER, 2018)The South African jurisprudence on the rights of children is vibrant and generally progressive, and is supported by an enabling constitutional and statutory framework. The majority decision in Le Roux v Dey 2011 3 SA 274 ... -
Leadership, social justice and transformation – inspire a leader
(PER, 2018)Transformation is not impossible. In 1994 there were about 150 judges in this country. Of this number, one was female and one was black. Today there are 227 judges in South Africa, of whom 82 are female and 145 male. 34% ... -
The leave of court requirement for instituting derivative actions in the UK : a ten-year jurisprudential excursion
(PER/PELJ, 2021)The judiciary-exclusive role to allow or deny the commencement or continuation of contemporary derivative litigation is one of the critical aspects of such proceedings. Before the 2006 codification, derivative actions ... -
A Legal analysis of the use of innovative technology in the promotion of financial inclusion for low-income earners in South Africa
(PER/PELJ, 2021)The promotion of financial inclusion is important for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most low-income earners living in rural areas and informal settlements ... -
Legal Aspects with Regard to Mentally Ill Offenders in South Africa
(2015)The purpose of this note is to discuss legal aspects with regard to mentally ill offenders with specific reference to the defence raised as a result of mental illness. In order to fully understand this defence it is important ... -
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 ... -
Legal ethics, rules of conduct and the moral compass – considerations from a law student's perspective
(2016)When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ... -
Legal implications relating to being "entitled to serve" as a director : a South African–Australian perspective
(PER/PELJ, 2020)This article focusses on an Australian piece of legislation and interesting case law, as well as on how the Federal Court of Australia has applied Australia's Corporations Act, 2001 to characterise a person as a de facto ...
