Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 595-614 of 963
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The obligation to provide free basic education in South Africa: an international law perspective
(2011)In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free ... -
The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures
(2000)Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will and consent of the governed, which is determined by regular multi-party elections ... -
Once more uBuntu : a reply to Radebe and Phooko
(PER/PELJ, 2020)This article is a critical engagement with the most recent contribution to the debate on the nature and content of ubuntu. The contribution (by Radebe and Phooko) attempts to provide the concept of ubuntu with substantive ... -
Once, Twice, Three Times Delayed : Considering a Permanent Stay of Prosecution in Rodrigues v The National Director of Public Prosecutions
(PER/PELJ, 2022)The National Prosecuting Authority is vested with the power, as dominus litus, to institute and discontinue charges whereas high courts are empowered to order a permanent stay of the prosecution prohibiting the continuation ... -
Ontwikkeling van die gemenereg in die lig van artikel 39(2) en 173 van die Grondwet
(2004)The point of departure in the Constitution is that the existing legal order should largely be kept intact, despite the fact that this is disliked by some. The common (or non-statutory) law has also retained its position, ... -
Oordrag van eiendomsreg en die vulgêre reg in die Wes-Romeinse ryk
(2000)It is generally accepted that an abstract system is applied in South Africa with regard to the transfer of ownership. It is a characteristic of the abstract system that the different legal acts which form part of the ... -
Oral Law in Litigation in South Africa: An Evidential Nightmare?
(2017-10-26)In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with ... -
Organic food certification in South Africa: a private sector mechanism in need of state regulation?
(2016)Organic production targets the development of a sustainable cultivation system and a variety of high-quality products with an emphasis on environmental protection and high standards of animal protection. In South Africa ... -
The origin of arbitration law in South Africa
(PER/PELJ, 2020)This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of ... -
"Originality" and "reproduction" in copyright law with special reference to photographs
(2013)Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number ... -
Orocowewin Notcimik Itatcihowin : the Atikamekw Nehirowisiw Code of practice and the issues involved in its writing
(PER/PELJ, 2019)The Atikamekw Nehirowisiw Nation has for several years been developing a code of practice (orocowewin notcimik itatcihowin) to regulate hunting, fishing and plant harvesting activities in Nitaskinan, its ancestral territory. ... -
An Overview of fixed-term contracts of employment as a form of A-typical Employment in South Africa
(PER/PELJ, 2019)A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, ... -
A panoramic view of the social security and social protection provisioning in Lesotho
(2014)Social security is one of the most important areas of social policy.As part of its social policy, the government of Lesotho has promulgated various pieces of legislation and introduced an assortment of public assistance ... -
The paradox of migration and the interest of the atomistic nation-states: the Southern African perspective
(2013)The "paradox of migration and the interests of the atomistic nation-states" interrogates the phenomenon of migration in general and in the Southern African Development Community in particular. The point of departure of ... -
Parallel planning mechanisms as a "Recipe for disaster"
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal which lay to rest the negative consequences of employing the DFA ... -
Parental access to minors' health records in the South African health care context: concerns and recommendations
(2007)Privacy and confidentiality have long been recognized as essential elements of the doctor-patient relationship. Patients should feel free to disclose the most intimate and private medical facts about themselves to their ... -
Parental criminal responsibility for the misconduct of their children: a consideration
(PER, 2018)This contribution examines the criminal responsibility that is imposed upon parents for the delinquent acts of their children. As South African law has been swayed by the legal philosophy of Anglo-American jurisprudence, ... -
Pathological corporate governance deficiencies in South Africa's state-owned companies: a critical reflection
(PER, 2018)Globally, states use state-owned companies (SOCs) or public corporations to provide public goods, limit private and foreign control of the domestic economy, generate public funds for the fiscus, increase service delivery ... -
"Pay now, argue later" rule – before and after the tax administration act
(2013)The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended ...
