Browsing PER: 2015 Volume 18 No 4 by Title
Now showing items 1-15 of 15
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Avoiding Mazibuko: water security and constitutional rights in Southern African case law
(2015)The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The ... -
The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights
(2015)Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights ... -
The consumer protection act 68 of 2008 and procedural fairness in consumer contracts
(2015)In general, the concept "contractual fairness" can be narrowed down, described and analysed with reference to the two interdependent types of fairness – substantive and procedural fairness. Measures aimed at procedural ... -
A contextual analysis of the hate speech provisions of the equality act
(2015)The article presents a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Equality Act. It is argued that this provision is not primarily intended to describe and ... -
Deliberating the rule of law and constitutional supremacy from the perspective of the factual dimension of law
(2015)Positive law is two-dimensional: it has a justice (or ideal) dimension (and requisite) and a factual (or real) dimension (and requisite). Both are essential. Hence positive law lapses when either of the two is absent. In ... -
The incorporation of double taxation agreements into South African domestic law
(2015)There are different opinions as to the process whereby double taxation agreements (DTAs) are incorporated into South African law. This contribution aims to discuss some of the existing opinions and to offer a further ... -
The independence of South African judges: a constitutional and legislative perspective
(2015)Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African ... -
Judicial "translation" and contextualisation of values: rethinking the development of customary law in Mayelane
(2015)The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC)) has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny. In ... -
Legislation as a critical tool in addressing social change in South Africa: lessons from Mayelane v Ngwenyama
(2015)Several changes have occurred in South Africa within the customary law system to ensure gender justice, including the enactment of the Recognition of Customary Marriages Act 120 of 1998. The purpose of the Recognition Act ... -
Lessons for the SADC from the Indian case of Novartis AG v Union of India
(2015)In the pharmaceutical context, many Southern African Development Community (SADC) members grant patents on drugs without substantially reviewing applications first, thus routinely granting patents for new versions of old ... -
Public participation and water use rights
(2015)The conservation and protection of water resources is paramount in the safeguarding of environmental rights and the attainment of sustainable development in South Africa. Although the National Water Act 36 of 1998 (the ... -
Public-private partnerships in local disaster management: a panacea to all local disaster management ILLS?
(2015)It is anticipated that the occurrence and intensity of disasters will increase globally and in South Africa where typical disasters include droughts, floods, extreme hailstorms, gales, fires and earthquakes, as well as ... -
Rethinking violence, reconciliation and reconstruction in Burundi
(2015)Armed violence and genocide are among the on-going problems that are still facing contemporary Africa and the world. In the aftermath of the outrages, devastation and appalling carnage of the Second World War, member states ...
