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Now showing items 11-20 of 71
Curriculum decolonisation and Revisionist Pedagogy of African Customary Law
(PER/PELJ, 2019)
Fees-related protests in South African universities have pushed the decolonisation of the law curriculum to the front burner of academic discourse. As part of the curriculum, African customary law was marginalised in the ...
The suspension and setting aside of delinquency and probation orders under the Companies Act 71 of 2008
(PER/PELJ, 2019)
A significant innovation of the Companies Act 71 of 2008 is contained in section 162. This provision empowers a court to declare a director delinquent or under probation on various grounds. The effect of a delinquency order ...
An Overview of fixed-term contracts of employment as a form of A-typical Employment in South Africa
(PER/PELJ, 2019)
A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, ...
The influence of "reasonableness" on the element of conduct in delictual or tort liability - comparative conclusions
(PER/PELJ, 2019)
In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American ...
Deciphering dangerousness: a critical analysis of section 286A and B of the Criminal Procedure Act 51 of 1977
(PER/PELJ, 2019)
The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks ...
The Application of International Human Rights Instruments in Outer Space Settlements: Today's Science Fiction, Tomorrow's Reality
(2019)
The military and commercial exploitation of outer space has received increasing international attention since the United States of America announced its intention to establish an outer space military force ...
Damages Arising from Contraventions of Competition Act 89 of 1998
(PER/PELJ, 2019)
Persons who have suffered loss or damage as a result of a prohibited practice in terms of the Competition Act89 of 1998 (the Act) have the right to recover such damage in the civil courts. This ...
The Constitutional Rules of Succession to the Institution of Monarch in Lesotho
(PER/PELJ, 2019)
The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the ...
An Analysis of the Public Protector's Investigatory and Decision-Making Procedural Powers
(PER/PELJ, 2019)
This article critically analyses the Draft Rules to the Public Protector Act23 of 1994 and examines the efficacy of the Public Protector's decision-making procedural powers. Several procedural lacunae ...
The protection of conscientious objection against euthanasia in health care
(PER/PELJ, 2019)
In 2015 the South African judiciary was confronted with the issue of the so-called "right to die", when Robin Stransham-Ford applied to the High Court of South Africa (the North Gauteng Division) for an order to have his ...