Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 944-963 of 963
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Warrantless search and seizures by the South African Police Service : weighing up the right to privacy versus the prevention of crime
(PER/PELJ, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ... -
Water Security and Climate Change: The Need for Adaptive Governance
(2017-01-05)Climate change will bring about unprecedented economic, social and environmental effects, which require both the mitigation of greenhouse gas emissions and adaptation to its adverse effects. Water is the main element through ... -
Water Security and International Law
(2017-01-17)The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even ... -
Water Security and Judicial and Administrative Confusion in South Africa: The Trustees of the Time Being of the Lucas Scheepers Trust, IT 633/96 v MEC for the Department of Water Affairs, Gauteng 2015 ZAGPPHC 211 (17 April 2015)
(2017-01-18)One of the gravest constraints which South Africa faces in its efforts to promote development and to lift much of its population out of poverty is the relative scarcity of its water. Significant changes were made to South ... -
Water Security and the Right to Water in Southern Africa: An Overview
(2017-01-05)The Southern African region's water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing ... -
Werknemers as lasgewende ouers in surrogasie-aangeleenthede: die geboorte van nuwe verlof-behoeftes in Suid-Afrika
(2017)Commissioning parents, in terms of a surrogacy agreement, have the same parental obligations towards their child as traditional parents. Yet, despite the legitimising of surrogacy in the Children’s Act 38 of 2005, no ... -
What about the child? Preventing the publication of children's name after the age of 18
(PER/PELJ, 2021)Children are afforded a number of different protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position they occupy in society. When children form part ... -
What Constitutes a Benefit by Virtue of Section 186(2) of the Labour Relations Act 66 of 1995? Apollo Tyres South Africa (Pty) Ltd v CCMA 2013 5 BLLR 434 (LAC)
(2015)The uncertainty surrounding the concept benefit as provided for in section 186(2) of the Labour Relations Act 66 of 1995 was created not by the courts but rather by the legislature. The concept is not defined and clearly ... -
What happens when the judiciary switches roles with the legislator? An innovative Israeli version of a mixed jurisdiction
(2012)Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic ... -
What intellectual property lawyers can learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola cry-baby": Dealing with "trademark bullying" in South Africa
(2013)This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: "Possessing a right does not mean that it is ... -
What is the Future of Polygyny (Polygamy) in Africa?
(NWU, 2017-11-06)The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the African ... -
What should the board of management of a persion fund consider when dealing with death claims involving surviving cohabitants?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This note argues that the Adjudicator’s determination Hlathi should be welcomed by the pension funds industry because it clarifies the uncertain legal position that emerged in the wake of the judgment in Volks. It comments ... -
When certainty and legality collide: The efficacy of interdictory relief for the cessation of building works pending review proceedings
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Effective legal redress against unlawful building works or construction activities can be an elusive target. Given the desirability of legal certainty attached to administrative decisions in terms of which building plans ... -
When Context Matters Application and Potential of Financial Crime Risk Indicators in Selected African Jurisdictions
(PER/PELJ, 2022)This article explores the application and potential of financial crime risk indicators in international banking and mercantile transactions. Special emphasis is placed on lists of financial crime risk indicators which are ... -
When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part I)
(2015)Section 25 of the Constitution provides two ways in which the state may interfere with property rights, namely deprivation (section 25(1)) and expropriation (section 25(2)). As only the latter requires compensation, there ... -
When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part II)
(2015)Section 25 of the Constitution provides two ways in which the state may interfere with property rights, namely deprivation (section 25(1)) and expropriation (section 25(2)). As only the latter requires compensation, there ... -
When the judiciary flouts separation of powers: attenuating the credibility of the national prosecuting authority
(2015)The stature of the National Prosecuting Authority (NPA) has been subverted through highly publicised political interference by the executive. Beginning with the marathon legal entanglements of the current South African ... -
The World Trade Organisation and human rights: the role of principles of good governance
(2008)The present article attempts to determine the role of principles of good governance in the discussion regarding the World Trade Organisation (WTO) and its human rights accountability. It shows that the WTO as an organisation ... -
Yet another call for a greater role for good faith in the South African law of contract: Can we banish the law of the jungle, while avoiding the elephant in the room?
(2013)This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how ...
