Browsing PER: Potchefstroom Electronic Law Journal by Author "Kelly-Louw, Michelle"

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    • Beneficiary Fraud and Demand Guarantees 

      Kelly-Louw, Michelle (PER/PELJ, 2022)
      It is settled in South African and English law that for the fraud exception to apply to demand guarantees or letters of credit the fraud must have been committed by the beneficiary (or his agent with the beneficiary's ...

    • Demystifying hate speech under the PEPUDA 

      Geldenhuys, Judith; Kelly-Louw, Michelle (PER/PELJ, 2020)
      The factual matrix that is considered in each hate speech case differs from that in the next. However, certain factors always remain key in the process of balancing the different constitutional rights at play: who the ...

    • Hate speech and racial slurs in the South Afican context : where to start 

      Geldenhuys, Judith; Kelly-Louw, Michelle (PER/PELJ, 2020)
      Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the legislative protection, a fine balance must be struck between the rights ...

    • Jurisdictional and procedural technicalities in hate speech cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ) 

      Geldenhuys, Judith; Kelly-Louw, Michelle (PER/PELJ, 2020)
      The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 ...

    • Prescription of debt in the Consumer-Credit Industry 

      Kelly-Louw, Michelle; Stoop, Philip (PER/PELJ, 2019)
      A person may acquire rights or be released from obligations through the passage of time. This is known as prescription. The objective of prescription is to achieve legal certainty and finality in the relationship between ...