Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 571-590 of 963
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'n Leë Dop is soms beter as ʼn Halwe Eier Gounden v Master of the High Court [2015] JOL 32896 (KZD) en Govender v Gounden 2019 2 SA 262 (KZN)
(PER/PELJ, 2020)An empty shell is sometimes better than half an egg – Gouden v Master of the High Court [2015] JOL 32896 (KZN) and Govender v Gouden 2019 2 SA 2 SA 262 (KZN) The KwaZulu-Natal High Court, Durban, recently had the opportunity ... -
'n Toekomstige perspektief op grondwetlike stabiliteit
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
The National Credit Act Regarding Suretyships and Reckless Lending
(2011)In terms of the National Credit Act a credit provider may conclude a credit agreement with a consumer only after he has made a proper financial assessment and concludes that the consumer will be able to satisfy all of ... -
The national credit act's remedies for reckless credit in the mortgage context
(PER, 2018)The National Credit Act 34 of 2005 prohibits the granting of reckless credit and also provides for certain remedies that courts can grant to consumers who have fallen victim to reckless lending practices. Depending on the ... -
National credit regulator versus Nedbank Ltd and the practice of debt counselling in South Africa
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a notice of motion. In this application the Regulator prayed in terms of section 16(1)(b) of the National ... -
Naturschutz und Verfassungsrecht
(1999)Nature Conservation and Constitutional Law in GermanyGermany's federal structure is mirrored in its constitutional law consisting of the federation's Basic Law and the constitutions of the federal states subject to conformity ... -
The "Necessity Test" as expressed by the Enigmatic Article XX(j) of the general agreement on Tariffs and Trade (1994) : appellate body report, India - certain measures relating to solar cells and solar modules
(PER/PELJ, 2019)The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. ... -
De Nederlanse casus: Een politiek gevecht om de grondwetsherziening
(1999)The political struggle leading up to the Dutch Constitution of 19831 is an empirical theoretical relevant case. A particular theoretical point of view (called the theoretical perspective of scientific legal intervention) ... -
The need for feminist approaches for housing cases in South Africa
(PER/PELJ, 2021)Although South African courts have handed down progressive judgments concerning the right to access to adequate housing, they have failed failed to do so from a feminist point of view. The trajectory of housing jurisprudence ... -
The Need for Monitoring and Assessment of Legal Aid Quality in South Africa
(PER/PELJ, 2022)Legal aid is needed in South Africa as one mechanism for poor South Africans to realise their legal rights and to use the law as a vehicle for positive social change in a grossly unequal society in which deep poverty is ... -
The need to adopt preventative measures to combat the misappropriation of retirement fund assets
(PER/PELJ, 2021)This paper discusses the challenge of the misappropriation of retirement fund assets by trustees, fund asset managers and retirement funds' administrators. It demonstrates that retirement fund members lose substantial ... -
Neither Adopted nor Borrowed : A Critique of the Conception of the South African Bill of Rights
(PER/PELJ, 2020)The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create ... -
The new .Africa top level domain: an African initiative in ensuring Africa's rightful place on the global network
(2014)The new gTLD programme of the Internet Corporation for Assigned Names and Numbers (ICANN) is the single most important development since the privatisation of the DNS in 1998. The management of the Domain Name System (DNS) ... -
New Developments in International Investment Law: A Need for a Multilateral Investment Treaty?
(PER/PELJ, 2018)This work contributes to the global discussion on the desirability of the multilateral investment treaty to ensure coherence in the way foreign investment is protected across the globe. The paper argues that whereas the ... -
A New Look at the Old Problem of a Reasonable Expectation: The Reasonableness of Repeated Renewals of Fixed–Term Contracts as Opposed to Indefinite Employment
(2011)In South Africa, the Labour Relations Act 66 of 1995 (LRA) regulates and protects the position of the employee who reasonably expects that a fixed–term contract will be renewed on the same or similar terms while the ... -
The Nexus between mobile money regulation, innovative technology and the promotion of financial inclusion in Zimbabwe
(PER/PELJ, 2021)The advent of mobile money innovations has given people in rural areas, informal settlements and other poor communities an opportunity to participate in Zimbabwe's mainstream financial economy. However, the technology-driven ... -
The nexus between the rights to life and to a basic education in South Africa
(2015)This article aims at exploring the nexus between the fundamental rights to life and to a basic education within the ambit of the legal framework created by both the Constitution of the Republic of South Africa, 1996 and ... -
No longer in suspense: clarifying the human rights jurisdiction of the SADC tribunal
(2015)The Southern African Development Community Tribunal's (SADC Tribunal) decision in the matter of Mike Campbell (Pvt) Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008) demonstrated its ability to utilise the principles ... -
Nobody can really afford Legal Services : the price of justice in Namibia
(PER/PELJ, 2021)Nobody (except for the privileged few) can afford legal services in Namibia. In the light of this dawning awareness, how should the government and other stakeholders design the legal profession so that the greatest ...
