Browsing PER: 2018 Volume 21 by Title
Now showing items 1-20 of 61
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Aboriginal customary law: A source of common law title to land (2014 Hart Publishing Oxford and Portland Oregon)
(PER, 2018)This contribution provides a short review of the book by Ulla Secher Aboriginal Customary Law: A Source of Common Law Title to Land on aboriginal customary law as a source of common law title to land published in 2014. -
African organic product standards for the African continent? Prospects and limitations
(PER/PELJ, 2018)Organic agriculture is a sustainable agricultural system with high environmental protection and animal welfare. In 2015, the world organic agriculture covered 50.9 million hectares with Oceania as the biggest regional ... -
An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: suggestions for reform – part one
(PER, 2018)The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa – with a view to providing clear, practical suggestions for regulatory reform in the context ... -
An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: suggestions for reform – part two
(PER, 2018)The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa with a view to suggesting law reform in the light of the most recent proposals put forward ... -
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 ... -
Attacks on the judiciary: undercurrents of a political versus legal constitutionalism dilemma?
(PER /PELJ, 2018)A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in ... -
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. ... -
The BRICS-lawyers' guide to global cooperation (Cambridge University Press 2017)
(PER, 2018)This contribution reviews the book The BRICS-Lawyers' Guide to Global Cooperation edited by Rostam J Neuwirth, Alexandr Svetlicinii and Denis De Castro Halis. It was published by Cambridge University Press in 2017, and ... -
"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 ... -
"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 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 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) ... -
Corruption and human rights law in Africa (2016 Hart Publishing, Oxford)
(PER, 2018-01-16)This contribution reviews the book by Kolawole Olaniyan on corruption and human rights law in Africa. The book, Corruption and Human Rights Law in Africa, provides a framework for complementarity between promoting and ... -
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 ... -
The direct applicability of SADC community law in South Africa and Zimbabwe: a call for supranationality and the uniform application of SADC community law
(PER, 2018)The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them ... -
Disposing of bodies, semantically: notes on the meaning of "disposal" in S v Molefe
(PER, 2018-05-17)In S v Molefe the presiding officer determines the meaning of the word "disposal" at the hand of two criteria, namely visibility and permanence; this means a body has to be permanently out of sight to be considered ... -
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
(PER / PELJ, 2018)South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by ... -
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 ... -
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 ... -
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 ...
