Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 530-549 of 963
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Maccsand (Pty) Ltd v City of Cape Town 2012 (4) SA 181 (CC)
(2012)The Constitutional Court in Maccsand (Pty) Ltd v City of Cape Town (CCT 103/11) 2012 ZACC 7 decided that the granting of mining rights or mining permits by the Minister of Mineral Resources in terms of the Mineral and ... -
Macro issues of mikro primary school
(2007)Mikro Primary School is an Afrikaans medium public school whose governing body refused to accede to an order of the Western Cape Department of Education to change the language policy of the school so as to convert it ... -
Mainstreaming black women into managerial positions in the South African Corporate Sector in the era of the Fourth Industrial Revolution (4IR)
(PER/PELJ, 2021)The active participation of Black South African women in the corporate sector is essential for the achievement of equity and diversity. Since 1994 the sector has failed to promote black women into managerial positions ... -
Maintaining the ecological flows of estuaries: a critical reflection on the application and interpretation of the relevant legal framework through the lens of the Klein River estuary
(PER, 2018)South Africa has 291 functional estuaries of which 43 per cent are threatened. These estuaries provide numerous environmental goods and services to the species situated within and adjacent to them. In an effort to improve ... -
Making a case for a development-driven approach to law as a linchpin for the post-2015 development agenda
(2015)The Millennium Development Goals (MDGs) are milestones on a long road to global development. They were adopted by consensus in 2000 as a policy framework to guide the global development process, ending poverty as the ... -
The Management of African Workers' Wages at South African Mines : Law and Policy Before 1948
(PER/PELJ, 2022)The re-enactment of the context and the purposes of past laws obviates the resort to "principled forgetfulness", since South African law is recalled in a manner that is connected to its morality. The discussion of officially ... -
Managing the trade-public health linkage in defence of trade liberalisation and national sovereignty: an appraisal of United States-measures affecting the production and sale of clove cigarettes
(2014)Under the legal framework of the World Trade Organisation (WTO), countries have great flexibility to unilaterally adopt environmental regulations that have effect within their territories only. However, the same discretion ... -
Marimuthu Munien V BMW Financial Services (SA) (PTY) LTD Unreported Case No 16103/08 (KZD)
(2009)Section 129(1)(a) read with section 130(1) and 130(3) of the National Credit Act 34 of 2005 (the NCA) provides that, as a required procedure before debt enforcement, a credit provider must draw the default to the consumer's ... -
Marital Power Finally Obliterated: The History of the Abolition of the Marital Power in Civil Marriages in Eswatini
(PER/PELJ, 2020)Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, ... -
The marketing of consumer and mortgage credit as a responsible lending tool : a comparison of South African, European and Belgian Law : Part 1
(PER/PELJ, 2020)The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular necessitate the proper regulation of credit marketing. It is therefore ... -
The marketing of consumer and mortgage credit as a responsible lending tool: a comparison of South African, European and Belgian Law : Part 2
(PER/PELJ, 2020)The vulnerability of prospective credit consumers to over-committing their resources and the inherent dangers posed by credit advertising in particular necessitate the proper regulation of credit marketing. It is therefore ... -
Martin, P., Bigdeli, S.Z. & Daya-Winterbottom, T. 2015. The Search for Environmental Justice. [Book review]
(2017)This contribution provides a short overview of the book by Martin P, Bigdeli SZ, Daya-Winterbottom T, Du Plessis W and Kennedy K (eds) The Search for Environmental Justice (Edward Elgar UK 2015) ISBN 978-1-78471-941-8. -
Matrimonial Property Regimes and Damages: The Far Reaches of the South African Constitution
(2007)Section 18(b) of the Matrimonial Property Act 88 of 1984 allows for non-patrimonial damages to be claimed by a spouse married in community of property against his/her spouse. In Van der Merwe v Road Accident Fund 2006 4 ... -
The mechanics of intervention and the Green Paper on Land Reform
(2014)The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse ... -
Mediese Sertifikate ingevolge die Traditional Health Practitioners Act: Die Kwessie van Geldigheid en Betroubaarheid
(PER/PELJ, 2019)On 1 May 2014, various provisions of the Traditional Health Practitioners Act22 of 2007, came into effect. This resulted in the establishment of the Interim Council for Traditional Health Practitioners ... -
Menswaardigheid na tien jaar van regstaatlikheid in Suid-Afrika
(2004)Human dignity has been the marrow of our Constitution and our constitutional state since 1994. The inherent dignity of man is also a key principle of the Universal Declaration of Human Rights of 1948. The Kantian categorical ... -
Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights
(PER/PELJ, 2018)This article undertakes a critical analysis of subjectivity and exposes the metaphysical and anthropocentric quasi-transcendental conditions that give rise to the construct(ion) of the Subject. I locate a critical moment ... -
The methodology used to interpret customary land tenure
(2012)Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, ... -
The mélange of innovation and tradition in Maltese law: the essence of the Maltese mix?
(2012)Aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the byproduct of the "mixing" of innovation and tradition, ...
