Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 694-713 of 963
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The quest for a supranational entity in West Africa: can the economic community of West African states attain the status?
(2013)To reflect the growing trends in the international scene and in furtherance of the objective of its Revised 1993 Treaty, the Economic Community of West African States (ECOWAS) summit in December 2006 revolutionised the ... -
The question is "should insurers continuously update policyholder records"? insurance law requires the principles of administrative law to settle disputes between the policyholder and the insurer
(PER/PELJ, 2019)It is possible to argue that the Financial Advisory Intermediary Services Ombud (hereafter FAIS Ombud) has jurisdiction to consider insurer's decisions not to update their internal administrative systems. The FAIS Ombud ... -
Questioning the use of the Mandament Van Spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC)
(2015)This cursory note reflects on the outcome of the Constitutional Court judgment of Ngqukumba v Minister of Safety and Security. The decision presented the Court with the opportunity to consider what happens to existing ... -
Quo Vadis Patent Litigation : Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - in search of the bigger picture on Patent Validity
(PER/PELJ, 2021)In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the ... -
Raamwerkwetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(2012)Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain ... -
Race as/and the trace of the ghost: jurisprudential escapism, horizontal anxiety and the right to be racist in BoE trust limited
(2013)This contribution draws on critical race theory and critical legal theory in order to read and critique the Supreme Court of Appeal judgment of Erasmus AJA in BoE Trust Limited 2013 3 SA 236 (SCA). It will specifically ... -
RAF v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) A simple illustration of the SCA's statutory misinterpretation of section 17(4)(c) of the road accident fund act 56 of 1998
(2015)In Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) (hereafter Sweatman) the Supreme Court of Appeal was faced with the interpretation of section 17(4)(c) of the Road Accident Fund Act 56 of 1998 ... -
The ratification of inadequate surrogate motherhood agreements and the best interest of the child
(PER/PELJ, 2019)South Africa has developed domestic legislation governing all surrogacy matters within the country. These provisions are contained in Chapter 19 of the Children's Act 38 of 2005. In Ex parte MS; In re: Confirmation of ... -
Re-Categorising public procurement in South Africa: Construction works as a special case
(PER/PELJ, 2019)Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. Construction works are considered to constitute services and as such are not specifically referred ... -
Re-examining the Constitutional Court's Approach to the Property Question Since First National Bank of SA Ltd T/A Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd T/A Wesbank v Minister of Finance 2002 4 SA 768 (CC)
(PER/PELJ, 2022)The First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC) (FNB) decision led to the development of ... -
Re-orientation
(PER/PELJ, 2022) -
Re-partnering as a Contingency Deduction in Claims for Loss of Support Comparing South African and Australian Law
(2007)In a claim for loss of support by the spouse of the deceased breadwinner, the claim will be influenced by the probable remarriage of the surviving spouse. In light of the recent extension of the traditional concept of ... -
Re-positioning the law of theft in view of recent developments in ICTS – the case of South Africa
(2016)This article examines the impact of information and communication technologies (ICTs) on the development of the principles of theft. The Roman and South African law of theft forms the basis of such a study. This investigation ... -
Realisation of a child's right to a basic education in the South African school system: some lessons from Germany
(2015)Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human ... -
Realising equality in access to HIV treatment for vulnerable and marginalised groups in Africa
(2012)This article examines the relevance of the concept of equality in improving access to HIV treatment for vulnerable and marginalised groups in Africa. The article argues that though modest achievements have been made in ... -
Realising the child's best interests: lessons from the Child Justice Act to Improve the South African Schools Act
(2016)Although the contexts of school discipline and child justice differ considerably there are a number of contact points and points that overlap. Since the South African Schools Act 84 of 1996 came into operation in 1996, the ... -
Reasonable and probable cause in the law of malicious prosecution: a review of South African and commonwealth decisions
(2013)The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor ... -
The reasonable accommodation of employees with cancer and their right to privacy in the workplace
(PER/PELJ, 2018)The duty of employers to reasonably accommodate employees living with disabilities is fundamental and is invoked on a daily basis in response to various health conditions which employees experience, such as cancer. While ... -
Reasons for prosecutorial decisions
(2015)In terms of the prosecuting policy of the National Prosecuting Authority reasons for the exercise of prosecutorial discretions should be furnished on request of persons with a legitimate interest in the decisions. In general ... -
Reassessing judicial independence and impartiality against the backdrop of judicial appointments in South Africa
(2014)The South African Judicial Service Commission (JSC), considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately ...
