PER: 2018 Volume 21
Contents
15 January 2018
Articles
- Pathological corporate governance deficiencies in South Africa's state-owned companies: A critical reflection / Thabane, Tebello; Snyman van Deventer, Elizabeth
- Reviewing the suitability of affirmative action and the inherent requirements of the job as grounds of justification to equal pay claims in terms Of the employment equity act 55 of 1998 / Ebrahim, Shamier
- The national credit act's remedies for reckless credit in the mortgage context / Brits, Reghard
- The registration of special notarial bonds under the security by means of movable property act and the publicity principle: Lessons from developments in Belgium / Ntsoane, Lefa Sebolaisi
- 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 / Carnelley, Marita
- Le Roux v Dey and children's rights approaches to judging / Couzens, Meda
- Human rights and the new sustainable mechanism of the paris agreement: A new opportunity to promote climate justice / Vilavivencio Calzadilla, Paola
- Pericles should learn to fix a leaky pipe – Why trial advocacy should become part of the LLB curriculum (Part 1) / Gravett, Willem Hendrik
- Pericles should learn to fix a leaky pipe – Why trial advocacy should become part of the LLB curriculum (Part 2) / Gravett, Willem Hendrik
- Facing the challenge of improving the legal writing skills of educationally disadvantaged law students in a South African law school / Crocker, Angela Diane
- An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: Suggestions for reform – Part One / Swales, Lee
- An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: Suggestions for reform – Part Two / Swales, Lee
- Justificatory theories for intellectual property viewed through the constitutional prism / du Bois, Mikhalein
- The direct applicability of SADC community law in South Africa and Zimbabwe: A call for supranationality and the uniform application of SADC community law / Phooko, Tshidi
- The testimonial competence of children: A need for law reform in South Africa / Bekink, Mildred
- The testamentary trust: Is it a trust or a will? Hanekom v Voigt 2016 1 SA 416 (WCC) / Nel, Eben
- South Africans offering foreign military assistance abroad: How real is the risk of domestic prosecution? / Bosch, Shannon Joy
- The legal nature of the embryo: Legal subject or legal object? / Robinson, Robbie
- Intermediaries and the international obligation to protect child witnesses in South Africa / Fambasayi, Rongedzayi; Koraan, René
- Pre-Agreement assessment as a responsible lending tool in South-Africa, the EU and Belgium: Part 1 / van Heerden, Corlia Maritha; Steennot, Rreinhard
- Pre-Agreement assessment as a responsible lending tool in South-Africa, the EU and Belgium: Part 2 / van Heerden, Corlia Maritha; Steennot, Rreinhard
- Inheritance rights for posthumously procreated children: A growing challenge for the law / Noel Zaal, Frederick; d'Almaine, Justin
- Does albinism fit within the legal definition of disability in the employment context? A comparative analysis of the judicial interpretation of disability under the SA and the US non-discrimination laws / Mswela, Mphoeng Maureen
- Formal regulation of third party litigation funding agreements? A South African perspective / Mpho Justice, Khoza;
- The reasonable accommodation of employees with cancer and their right to privacy in the workplace / Maimela, Charls
- African organic product standards for the African continent? Prospects and limitations / Lim Tung, Odile Juliette
- Preserving the integrity of medical-related Information – How "Informed" is consent? / Mzukisi Niven, N
- The protection of children's right to self-determination in South African law with specific reference to medical treatment and operations / Kruger, H
- An Appraisal of the Functioning and Effectiveness of the East African Court of Justice / Possi, A
- Inheritance rights for posthumously procreated children: A growing challenge for the law / Noel Zaal, Frederick; d'Almaine, Justin
- Does albinism fit within the legal definition of disability in the employment context? A comparative analysis of the judicial interpretation of disability under the SA and the US non-discrimination laws / Mswela, Mphoeng Maureen
- A duty of support for all South African unmarried intimate partners Part I: The limits of the cohabitation and marriage based models / Bonthuys, E
- A duty of support for all South African unmarried intimate partners Part 2: Developing customary and common law and circumventing the volks judgment / Bonthuys, E
- The right to strike and replacement labour: South African practice viewed from an international law perspective / Kujinga, T
- Monkey selfie and authorship in aopyright law: The Nigerian and South African perspectives / Nkube, Caroline B; Oriakhogba, Desmond O
- Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights / de Villiers, Jan-Harm
- "The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1) / Louw, Andre M
- "The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2) / Louw, Andre M
- "The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 3) / Louw, Andre M
- Delivery of the Compulsory Section 129(1) Notice as required by the National Credit Act of 2005* / Govender, Sarah; Michelle, Kelly-Louw
- Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People / Botha, Henk
- The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege? / Msaule, Phindile Raymond
Notes
- "Violence" in sport and the violenti non fit iniuria defence: A perspective on the death of the cricket player Phil Hughes / Labuschagne, Pieter
- Parental criminal responsibility for the misconduct of their Children: A consideration /van der Bijl, Charnelle
- Attacks on the judiciary: Undercurrents of a political versus legal constitutionalism dilemma? /Kawadza, Herbert
- Modderklip revisited: Can courts compel the state to expropriate property where the eviction of unlawful occupiers is not Just and equitable? /Dugard, Jackie
- The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise Act 91 of 1964: An appraisal of recent developments in case law /Vinti, Clive
Case note
- Disposing of bodies, semantically: Notes on the meaning of "disposal" in S v Molefe / Carney, Terrence R
- Integration of the bride as a requirement for a valid customary marriage: Mkabe v Minister of home affairs [2016] ZAGPPHC 460 / Bakker, Pieter
- Maintaining the ecological flows of estuaries: A critical reflection on the application and interpretation of the relevant legal framework through the lens of the Klein River estuary / Paterson, Alexander Ross
- Some drastic measures to close a loophole: The case of Pienaar Brothers (PTY) LTD v commissioner for the South African Revenue Service(87760/2014) [2017] ZAGPPHC 231 (29 May 2017) and the targeted retroactive amendment of Section 44 of the Income Tax Act58 of 1962 / Tredoux, Liezel Gaynor; van Zyl, Stephanus Phillipus
- Sounding the alarm: government of the republic of Namibia v LM and women's rights during childbirth in South Africa / Pickles, Camilla
- The constitutionalisation of the test for statutory illegality in South African contract law: Cool ideas v Hubbard 2014 4 SA 474 (CC) / Golela, Odwa
Orationes
- Leadership, social justice and transformation – inspire a leader / Theron, Leona Valerie
- Values and the rule of law: Foundations of the European Union – An inside perspective from the ECJ / von Danwitz, Thomas
Book reviews
- The BRICS-lawyers' guide to global cooperation (Cambridge University Press 2017)[Book review] / Sucker, Franziska
- Corruption and human rights law in Africa (2016 Hart Publishing, Oxford) / Mugadza, Willard Tawonezvi
- Untitled: Securing land tenure in urban and rural South Africa (2017 University of KwaZulu-Natal Press) / du Plessis, Elmien (WJ)
- Aboriginal Customary Law: A Source of Common Law Title to Land (2014 Hart Publishing Oxford and Portland Oregon) / du Plessis, Elmien (WJ)
- Laws against strikes – The South African experience in an international and comparative perspective / Laubscher, Michael
- Moosa IA publish or perish. Perceived benefits versus unintended consequences (2018 Edward Elgar Publishing UK) / Carnelley, Marita
- Frankenberg G comparative constitutional studies – Between magic and deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook) / Golela, Odwa
Editor-in-Chief: Professor Christa Rautenbach
Recent Submissions
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The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?
(PER/PELJ, 2018)The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to ensuring a fair trial. The purpose of the right to remain silent is to ensure that the state bears the ... -
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 3)
(PER/PELJ, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)
(PER/PELJ, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1)
(PER/PELJ, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights
(PER/PELJ, 2018)This article undertakes a critical analysis of subjectivity and exposes the metaphysical and anthropocentric quasi-transcendental conditions that give rise to the construct(ion) of the Subject. I locate a critical moment ... -
Monkey selfie and authorship in aopyright law: The Nigerian and South African perspectives
(PER/PELJ, 2018)A photograph taken by a monkey is in the centre of a copyright claim in the famous monkey selfie case in the United States of America. Suing as next friend of the monkey, named Naruto, the People for the Ethical Treatment ... -
New Developments in International Investment Law: A Need for a Multilateral Investment Treaty?
(PER/PELJ, 2018)This work contributes to the global discussion on the desirability of the multilateral investment treaty to ensure coherence in the way foreign investment is protected across the globe. The paper argues that whereas the ... -
Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People
(PER/PELJ, 2018)In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons. ... -
Delivery of the Compulsory Section 129(1) Notice as required by the National Credit Act of 2005*
(PER/PELJ, 2018)In terms of section 129(1) of the National Credit Act 34 of 2005 (NCA), a credit provider first needs to provide a consumer with notice of his default and a list of possible remedies to overcome the default, before enforcing ... -
Frankenberg G comparative constitutional studies – Between magic and deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook)
(PER / PELJ, 2018)This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward Elgar Publishing in 2018 -
Moosa IA publish or perish. Perceived benefits versus unintended consequences (2018 Edward Elgar Publishing UK)
(PER / PELJ, 2018)This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by Edward Elgar Publishing in 2018 -
The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise Act 91 of 1964: An appraisal of recent developments in case law
(Vinti, C. 2018. The scope of the powers of the minister of finance in terms of section 48(1)(b) of the customs and excise act 91 of 1964: An appraisal of recent developments in case law. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2018(21):1-25. [http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4268], 2018)This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of Trade and Industry to amend Schedule 1 to the Customs and Excise Act 91 of 1964 (hereafter, CEA) in respect of ... -
Modderklip revisited: Can courts compel the state to expropriate property where the eviction of unlawful occupiers is not Just and equitable?
(PER / PELJ, 2018)This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to ... -
The constitutionalisation of the test for statutory illegality in South African contract law: Cool ideas v Hubbard 2014 4 SA 474 (CC)
(PER / PELJ, 2018)This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) ... -
A duty of support for all South African unmarried intimate partners Part I: The limits of the cohabitation and marriage based models
(PER / PELJ, 2018)The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had ... -
An Appraisal of the Functioning and Effectiveness of the East African Court of Justice
(PER / PELJ, 2018)This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East ... -
The protection of children's right to self-determination in South African law with specific reference to medical treatment and operations
(PER / PELJ, 2018)The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity ... -
The right to strike and replacement labour: South African practice viewed from an international law perspective
(PER / PELJ, 2018)South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. ... -
A duty of support for all South African unmarried intimate partners Part 2: Developing customary and common law and circumventing the volks judgment
(PER / PELJ, 2018)Part I of this two-part article argued that post-constitutional developments of the right to support have excluded the largest and most vulnerable sector of South African women – African women in invalid customary marriages ... -
Formal regulation of third party litigation funding agreements? A South African perspective
(PER/PELJ, 2018)In South Africa third party litigation funding agreement as a tool that provides access to justice is not legislated with regard to non-lawyers. This article is based on research conducted to determine whether regulating ...
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