Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 903-922 of 963
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Ubuntu and the law in South Africa
(1998)The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society ... -
Ubuntu: An African Equity
(2011)In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated. Furthermore the theoretical objections to the use of ubuntu ... -
The UCP as a Choice of Non State Law in International Commercial Contracts
(PER/PELJ, 2022)The article analyses the UCP as a form of non-State law. It demonstrates that in some courts the UCP may inadvertently be applied as the governing law of the agreement instead of as contractual terms. The article proceeds ... -
UN Peacekeeping in Africa and good governance: challenges and prospects
(2008)While UN peacekeeping operations are in most cases confronted with a multitude of intertwined problems, this seems to be even worse in Africa. Operations on African soil have to react more than averagely to inter- as well ... -
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ... -
Unauthorised adaptation of computer programmes - is criminalisation a solution? - Haupt T/A Softcopy v Brewers Marketing Intelligence (PTY) LTD 2006 4 SA 458 (SCA)
(2011)In Haupt t/a Softcopy v Brewers Marketing Intelligence (Pty) Ltd 2006 4 SA 458 (SCA) Haupt sought to enforce a copyright claim in the Data Explorer computer programme against Brewers Marketing Intelligence (Pty) Ltd. His ... -
Uncertainty About the Condonation of Formally Non Compliant Wills, and the Rectification of Cross Signed Mirror Wills : is an Act Based Model the Solution?
(PER/PELJ, 2022)A recent contribution proposed a processual act-based approach to conceptualising wills in South African law. This approach regards a will as the product of a will-making process in which various parties perform specific ... -
The unconstitutional practices of the Judicial Service Commission under the guise of Judicial Transformation: Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC)
(2014)This contribution aims to point out valuable lessons from the shortcomings of the Judicial Service Commission as highlighted in the case of The Cape Bar Council v The Judicial Service Commission. The case involved the ... -
Understanding the limitations to the right to strike in essential and public services in the SADC region
(2016)The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia ... -
The UNECIC: International trade in the digital era
(2007)The use of electronic communications in international trade communications and transactions has raised some concerns about the legal validity and legal certainty of such communications. The perception that this type of ... -
The unilateral determination of price - a question of certainty or public policy?
(2013)The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, ... -
Unintentionally trapped by debt review : procedural Inadequacies in the National Credit Act34 of 2005 relating to withdrawal from the debt review process
(PER/PELJ, 2019)The debt review procedure in terms of the National Credit Act 34 of 2005 is functioning relatively well and benefits both consumers and credit providers. This is despite its somewhat scarce procedural prescriptions, which ... -
UNISA v Reynhardt [2010] 12 BLLR 1272 (LAC): does affirmative action have a lifecycle?
(2012)The Employment Equity Act (EEA) was enacted to achieve equity in the workplace by prohibiting unfair discrimination and by requiring the implementation of affirmative action measures to ensure the adequate representation ... -
The universal jurisdiction of South African criminal courts and immunities of foreign state officials
(2015)Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary ... -
Unlawful occupation of inner-city buildings: a constitutional analysis of the rights and obligations involved
(2014)The unlawful occupation of inner-city buildings in South Africa has led to a number of legal disputes between vulnerable occupiers and individual landowners that highlight the conflict between individuals' constitutional ... -
Unpacking the Law and Practice Relating to Parole in South Africa
(2011)The possibility of the early release of offenders on parole is meant to act inter alia as an incentive to ensure that prisoners behave meritoriously while serving their sentences. The South African Correctional Services ... -
Unpacking the public trust doctrine: A journey into foreign territory
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The past decade has borne witness to the transformation of South Africa's natural resources law with the introduction of a new legal concept, that of "public trusteeship", to South African jurisprudence. The concept of ... -
Unpacking the right to plain and understandable language in the consumer protection act 68 of 2008
(2013)The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or ... -
Unraveling the Legal Knots around Inter-country Adoptions in De Gree v Webb
(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 ...
