Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 396-415 of 963
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The impact of minority status in the application of affirmative action: NAIDOO v MINISTER of SAFETY and SECURITY 2013 5 BLLR 490 (LC)
(2016)Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive ... -
The Impact of Myths, Superstition and Harmful Cultural Beliefs against Albinism in Tanzania: A Human Rights Perspective
(PER/PELJ, 2020)It cannot be denied that myths and superstitions have endured through history and that people have been affected by them since the beginning of time. Superstitious beliefs and myths that result in the victimization of ... -
The impact of SADC social protection instruments on the setting up of a minimum social protection floor in Southern African countries
(2012)The Southern African Development Community (SADC) was formed to promote the political, economic and social wellbeing of the region. Some of the social objectives of the SADC are the promotion of social development and ... -
Impact of the Boko Haram insurgency on the child's right to education in Nigeria
(2016)This paper is focused on the impact of the Boko Haram insurgency in Nigeria on the child's right to education. The article concludes by assessing how the Nigerian government has lived up to its obligations under international ... -
Impact of the Constitution's Normative Framework on the interpretation of provisions of the Companies Act 71 of 2008
(PER/PELJ, 2019)Given the intention of section 7(a) of the Companies Act 71 of 2008 (the Act) to promote compliance with the Bill of Rights in the interpretation and application of company law in SA, this article assesses the extent to ... -
The impact of the labour relations act on minority trade unions: a South African perspective
(2013)The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The ... -
The impact of the National Credit Act 34 of 2005 on the enforcement of a mortgage bond: Sebola v Standard Bank of South Africa ltd 2012 5 SA 142 (CC)
(2013)When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor ... -
The impact of the Twin peaks model on the insurance industry
(2016)Financial regulation in South Africa changes constantly. In the quest to find the ideal regulatory framework for optimal consumer protection, rules change all the time and international trends have an important influence ... -
The impact on women on the removal of gender as a rating variable in motor-vehicle insurance
(2013)Insurers use actuarial statistics as rating variables to differentiate and distinguish for the purposes of risk classification. They justify their use of actuarial statistics due to its accuracy as a predictor of risk. ... -
The implications of fedralism and decentralisation in socio-economic conditions in Ethiopia
(2012)This paper analyses impacts of the federal system and the decentralisation of functions to the district level on Ethiopia's socio-economic development. Firstly we will highlight the principles of the Ethiopian federal ... -
Improving access to justice through compulsory student work at university law clinics
(2013)In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which ... -
Improving access to justice through law graduate post-study community service in South Africa
(PER/PELJ, 2020)Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the Constitution of the Republic of South Africa, 1996, is necessary to realise various other fundamental rights and to improve ... -
Improving unsustainable environmental governance in South Africa: the case for holistic governance
(2006)Environmental law in South Africa has developed in a rapid fashion since the inception of the new constitutional dispensation in 1994. This development is evident from, inter alia, the constitutionalisation of the environmental ... -
In Defence of Pashukanism
(2011)This essay presents an extended defence of the general theory of law formulated by the Bolshevik jurist, Evgeny Pashukanis, and published in his Law and Marxism: A General Theory in 1924. The general theory is a theory ... -
In search of alternatives or enhancements to collective bargaining in South Africa: are workplace forums a viable option?
(2015)Collective bargaining (coupled with the right to strike) has become a primary means to force employers through negotiation to achieve the improvement of standards and conditions of employment. The South African labour ... -
In search of the perceived quality and impact of accredited South African law journals: exploring the possibility of a ranking system. A baseline study: 2009 – 2014
(PER, 2018)The DHET Research Output Policy (2015) indicates that there has been a change in the government’s approach to research funding. Previously all research published in any accredited journal was rewarded equally. A decision ... -
The in vitro embryo and the law: the ownership issue and a response to Robinson
(PER/PELJ, 2020)In 2012 the Minister of Health made the Regulations Relating to the Artificial Fertilisation of Persons, which provide that the woman who intends to be made pregnant with an in vitro embryo owns such an embryo and can ... -
"In Which the Partners Undertook Reciprocal Duties of Support" A Discussion of the Phrase as Used in Bwanya v Master of the High Court, Cape Town
(PER/PELJ, 2022)In December 2021 the Constitutional Court delivered judgment in Bwanya v Master of the High Court, Cape Town. The court ruled that survivors of life-partnerships "in which the partners undertook reciprocal duties of support" ... -
Included or excluded: an analysis of the application of the free, prior and informed consent principle in land grabbing cases in Cameroon
(2016)Even though the principle of free, prior and informed consent (FPIC) is soft law, the need to respect, protect and fulfil the rights to be informed and to be involved in development projects is strongly backed in international ... -
Inclusive Basic Education in South Africa: Issues in its Conceptualisation and Implementation
(2015)Education is one of the most topical issues in South Africa. In recent years, particularly in the period after the adoption of the UN Convention on the Rights of Persons with Disabilities (2006) (hereinafter CRPD), the ...
