Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 608-627 of 963
-
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 ... -
Payment for ecosystem services
(2013)This address focuses on the legislative design for payment or ecosystem services (PES) since most countries do not have specific legislation that addresses the subject. Brazil is in the process of drafting national ... -
The Payout of a Life Insurance Policy into an Unrehabilitated Insolvent's Estate : Malcolm Wentzel v Discovery Life Limited : In Re Botha v Wentzel (1001/19) [2020] ZASCA 121 (2 October 2020)
(PER/PELJ, 2022)One of the consequences of sequestration is the vesting of the property of an insolvent person in the trustee of the insolvent estate. However, not all the property of the insolvent person vests in the trustee as there ... -
Peel v Hamon J&C Engineering (PTY) Ltd: ignoring the result-requirement of Section 163(1)(a) of the companies act and extending the oppression remedy beyond its statutorily intended reach
(2014)This case note provides a concise and understandable version of the confusing facts in Peel v Hamon J&C Engineering (Pty) Ltd, and deals with the remedy provided for in section 163 of the Companies Act (the oppression ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 1)
(PER, 2018)It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 2)
(PER, 2018)The inescapable reality is that most law school graduates are headed for professional life. This means that law schools have some accountability for the competence of their graduates, and thus an educational responsibility ... -
Personal Data Protection in New Zealand: Lessons for South Africa?
(2008)In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU ... -
Personal data security in South Africa’s financial services market: the protection of personal information Act 4 of 2013 and the European Union general data protection regulation compared
(PER/PELJ, 2021)The contemporary global financial services market has witnessed a substantial increase in cybercrime which places consumers' personal data at risk. Rapid increases in cybercrime linked to the financial services market ... -
Personal Tribute to Charl Hugo
(PER/PELJ, 2022) -
Perspectives on the Termination of Debt Review in Terms of Section 86(10) of the National Credit Act 34 of 2005
(2011)The National Credit Act 34 of 2005 (the NCA) aims to address and prevent the overindebtedness of consumers and to provide mechanisms for resolving over–indebtedness based on the principle of satisfaction by the consumer ... -
Plagiarism: Misconduct awareness on novice research within the cyberworld
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)More often than not, there exists some form of infringement relating to the use of other authors' work. This is particularly so in instances in which novice authors make use of the information available within the ... -
Planning and Arun's (not so straight and narrow) roads
(2016)Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other ... -
Planning in all its (dis)guises: spheres of government, functional areas and authority
(2012)The Constitution determines that the legislative and executive powers regarding 'regional planning and development', 'urban and rural development', 'provincial planning' and 'municipal planning' are divided among the ...
