Browsing PER: Potchefstroom Electronic Law Journal by Title
Now showing items 714-733 of 963
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Recalibrating everyday space : using Section 24 of the South African Constitution to resolve contestation in the urban and spatial environment
(PER/PELJ, 2021)Positioned as existing predominantly within a green agenda, the right to an environment (section 24 of the Constitution of the Republic of South Africa, 1996) presents numerous opportunities for rights-based interpretation ... -
Recent developments in sexual offences against children – a constitutional perspective
(2016)This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. This Act is addressed ... -
Recent developments in the provision of pro bono legal services by attorneys in South Africa
(2013)This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps ... -
Recent developments regarding South African common and customary law of succession
(2006)This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant ... -
Reconceptualising the standard of care in Sport: the case of youth rugby in England and South Africa
(2015)Sport is an important area of civil society in both South Africa and England, and this article is broadly concerned with the relationship between sport and personal injury. More specifically, the article compares how rugby ... -
Reconciling the "Bittersweet Chemistry" between technology and corporate takeovers through reinforcing national security interests in merger control
(PER/PELJ, 2021)This article argues that company takeover regulation regimes must carefully balance two opposing notions. On the one hand, the regime must be designed to enable or facilitate the initiation and successful implementation ... -
Rectification and party misdescription: to what extent is rectification competent or useful?
(2014)The decision in Osborne v West Dunes Properties 176 2013 6 SA 105 (WCC) raises some interesting issues regarding the competence or usefulness of rectifying an incorrect party description in a contract required by law to ... -
Reflecting on the role and impact of the Constitutional Value of uBuntu on the concept of Contractual Freedom and Autonomy in South Africa
(PER/PELJ, 2021)Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter ... -
Reflections on how to address the violations of human rights by extractive industries in Africa : a comparative analysis of Nigeria and South Africa
(2014)Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating ... -
Reflections on judicial views of Ubuntu
(2013)Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has ... -
Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation
(2009)Using as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional fundamental rules on costs in the light of the needs of constitutional and a fortiori public ... -
Reformation from criminal to lawyer: is such redemption possible?
(2014)If a person with a criminal record were to apply for admission to the legal profession, the applicant would naturally harbour the hope that his or her application would succeed. However, in the absence of a reformation of ... -
Reforming the multilateral decision-making mechanism of the WTO: what is the role of emerging economies?
(2013)The paper focuses on the future of global economic governance in the light of the current state of multilateral trade negotiations. The aim is to analyse identified key historical issues at the heart of the decision-making ... -
Reforming the South African social security adjudication system: innovative experiences from South African non-social security jurisdictions
(2016)There is currently no uniform social security dispute resolution system in South Africa due to the piecemeal fashion in which schemes were established or protection against individual risks regulated. The result is that ... -
Regional integration and pacta sunt servanda: reflections on South African trans-border higher education policies
(2016)The underpinning essence of being part of a regional organisation such as the Southern African Development Community (SADC) is to achieve development through integration. Regional integration thus becomes the bedrock from ... -
The registration of special notarial bonds under the security by means of movable property act and the publicity principle: lessons from developments in Belgium
(PER, 2018-01-08)Many people do not own immovable property to offer as security but do have movable property which can be offered as security for the repayment of a debt. In today's world, where the costs of a motor car can exceed that of ... -
Regulating against business "fronting" to advance black economic empowerment in Zimbabwe: lessons from South Africa
(2017)This article examines Zimbabwe's indigenisation legislation, points out some of its inadequacies and draws lessons from South Africa's experiences in implementing its own indigenisation legislation. Both countries have ... -
Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill
(2014)Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal ... -
The regulation and use of artificial intelligence and 5G technology to combat cybercrime and financial crime in South African Banks
(PER/PELJ, 2021)Artificial intelligence (AI) and fifth generation network technology (5G) are now being utilised by some companies and financial institutions such as banks to enhance their competitiveness and expand their businesses. ... -
The regulation of acid mine drainage in South Africa: law and governance perspectives
(2014)Acid mine drainage (AMD) is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining ...
