Browsing PER: Potchefstroom Electronic Law Journal by Title
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S v Litako 2014 SACR 431 (SCA): a clarification on extra curial statements and hearsay
(2015)On 16 April 2014, the Supreme Court of Appeal handed down judgment in the matter of S v Litako 2014 2 SACR 431 (SCA) ("Litako"). The judgment reconsiders the landmark decision of the same court, S v Ndhlovu 2002 2 SACR 325 ... -
Sailing between Scylla and Charybdis: Mayelane v Ngwenyama
(2014)Mayelane v Ngwenyama 2013 4 SA 415 (CC) is arguably the most important judgment concerning the recognition of customary marriages in recent times. This article attempts to unpack some of the many issues that arise from the ... -
Same-sex marriage in South Africa: the road ahead
(2004)In hierdie bydrae word die problematiek oor "huwelike" tussen persone van dieselfde geslag aan die orde gestel. 'n Oorsig word gebied oor die verskillende fasette van die debat en die argumente wat tipies daarin aangevoer ... -
The Sanctions Debate in the Work of the United Nations Since the 2000 Working Paper
(PER/PELJ, 2022)In recent years the lawfulness of certain types of sanctions and the question about the usefulness of sanctions in general have become topical and widely discussed issues. Of special significance is the expanding use by ... -
School governing body election deficiencies: deliberative democracy knocking at the door
(2015)As forums, School Governing Bodies have the makings of a great and unique South African democratic tradition as they reflect local deliberations, participative decision-making by stakeholders in education. The main contention ... -
The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise Act 91 of 1964: An appraisal of recent developments in case law
(Vinti, C. 2018. The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise act 91 of 1964: An appraisal of recent developments in case law. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2018(21):1-25. [http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4268], 2018)This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of Trade and Industry to amend Schedule 1 to the Customs and Excise Act 91 of 1964 (hereafter, CEA) in respect of ... -
The Search and Seizure of Digital Evidence by Forensic Investigators in South Africa
(PER/PELJ, 2019)The discipline of digital forensics requires a combination of skills, qualifications and knowledge in the area of forensic investigation, legal aspects and information technology. The uniqueness of digital evidence makes ... -
Section 27 of the insolvency act 24 of 1936 as a violation of the equality clause of the constitution of South Africa: a critical analysis
(2016)This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the ... -
Section 294 of the Children's Act: do roots really matter?
(2015)Section 294 of the Children's Act 38 of 2005 currently only permits commissioning parents to engage in surrogacy arrangements in instances where they are able to provide a genetic link to their future offspring. This ... -
Seeking Deliberation on the Unborn in International Law
(2011)International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide ... -
Selected Developments in South African Labour Legislation related to Persons with Disabilities
(2017)In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups ... -
Selected legal challenges relating to the military use of outer space, with specific reference to Article IV of the outer space treaty
(2015)Since the end of the Second World War the potential use of outer space for military purposes persisted to be intrinsically linked to the development of space technology and space flight. The launch of the first artificial ... -
A selection of constitutional perspectives on human kidney sales
(2013)There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. ... -
Setting aside transactions from pyramid schemes as impeachable dispositions under South African insolvency legislation
(2016)South African courts have experienced a rise in the number of cases involving schemes that promise a return on investment with interest rates which are considerably above the maximum amount allowed by law, or schemes which ... -
Sexual harassment in the education sector
(2011)Education should safely shape the minds and attitudes of young adults and children, especially with the in loco parentis principle in mind. Young adults who have experienced sexual harassment in the very environment that ... -
Sexual harassment: Why do victims so often resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)
(PER/PELJ, 2019)This article endeavours to find answers to the question of why the victims of sexual harassment often resign after the harassment, while the perpetrator continues working, and suggests how some of the human cost to victims ... -
The sexual orientation of a parent as a factor when considering care
(2013)Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the child. Section 9 further provides that every person is considered equal before the law and has ... -
Shaken baby syndrome: a South African medico-legal perspective
(2014)Shaken Baby Syndrome refers to the violent and repetitive shaking of an infant, and is a form of abusive head trauma. It was first described in 1974, and has since been the topic of intensive study and discussion. The ... -
The Shaping, Enactment and Interpretation of the First Hate-Crime Law in the United Kingdom - An Informative and Illustrative Lesson for South Africa
(PER, 2017)Hate crimes are crimes that are motivated by personal prejudice or bias. Hate-crime laws criminalise such conduct and allow for the imposition of aggravated penalties on convicted perpetrators. This article examines the ... -
Shareholder oppression as corporate conduct repugnant to public policy : infusing the concept of Ubuntu in the interpretation of Section 163 of the Companies Act 71 of 2008
(PER/PELJ, 2021)The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a ...
