PER: 2021 Volume 24
Contents
January 2021
Articles
- Warrantless search and seizures by the South African Police Service : weighing up the right to privacy versus the prevention of crime / Nortje, Windell
- Compensating landowners? The state's (Limited) duty toward landowners in delayed eviction matters / Fick, Sarah
- Revoking a decision to suspend payment of disputed tax "on further consideration": an Administrative Law Perspective / De Lange, Silke
- Interpretation of wills - does Endumeni case apply / Moosa, Fareed
- The legal operation of liens : theory and practice / Wiese, Mitzi
- Innovative regulation of meat consumption in South Africa : an Environmental Rights perspective / Ndlela, Tokyo ; Murcott, Melanie J.
- Challenges to the prohibition on sovereignty in Outer Space - A new frontier for space governance / Ferreira-Snyman, Anél
- Reflecting on the role and impact of the Constitutional Value of uBuntu on the concept of Contractual Freedom and Autonomy in South Africa / Coleman, Theophilus Edwin
- The leave of court requirement for instituting derivative actions in the UK : a ten-year jurisprudential excursion / Hamadziripi, Friedrich ; Osode, Patrick C.
- Social protection instruments and women workers in the informal economy : a Southern African perspective / Fourie, Elmarie
- Altering the human genome : mapping the genome editing regulatory system in South Africa / Townsend, Beverley ; Shozi, Bonginkosi
- An analysis of the "National Security Interest" provision in terms of section 18A of the Competition Act 89 of 1998 / Tavuyanago, Simbarashe
- The standard of the reasonable person in determining negligence – comparative conclusions / Ahmed, Raheel
- Family conferencing : responsibility at grassroots level – a comparative analysis between the Netherlands and South Africa / Spijker, Arda ; De Jong, Madelene
- The significance of sea-level rise for the continuation of states and the identity of their people / Farran, Sue
- An analysis of the implementation of the caselines system in South African courts in the light of the provisions of section 27 of the electronic communications and transactions act 25 of 2002 : a beautiful dream to come true in civil procedure / Mabeka, Nombulelo Queen
- Nobody can really afford Legal Services : the price of justice in Namibia / Zongwe, Dunia
- Deterministic application of Process-centric Law to the System-centric Requirements of Procurement Procedures / Wickens, David
- Exempting Health Research from the Consent Provisions of POPIA / Thaldar, Donrich ; Townsend, Beverley
- The development of cryptocurrencies as a payment method in South Africa / Hamukuaya, Nghililewanga H.
- A duty perspective on the Hate Speech Prohibition in the Equality Act / Marais, Maria E. (Marelize)
- The right of child offenders to intermediary assistance in the Criminal Justice System : a South African perspective / Bekink, Mildred
- Fraus Legis in Constitutional Law : the case of Expropriation "Without" or for "Nil" compensation / Van Staden, Martin
- DNA evidence as the basis for conviction / Meintjes-van der Walt, Lirieka ; Dhliwayo, Priviledge
- The Consumer Protection Act 68 of 2008 and Parol Evidence / Lombard, Marianne
- Data commercialisation in the South African Health Care Context / Botes, Marietjie ; Olckers, Antonel ; Labuschaigne, Melodie
- The taxation of company distributions in respect of hybrid instruments in South Africa : lessons from Australia and Canada / Tredoux, Liezel ; Van der Linde, Kathleen
- What about the child? Preventing the publication of children's name after the age of 18 / Baird, Sophy B.
- The need for feminist approaches for housing cases in South Africa / Sujee, Zeenat
- Should South Africa criminalise Ukuthwala leading to forced marriages and child marriages? / Mwambene, Lea ; Mgidlana, Roberta Hlalisa
- Estate planning and wills across borders : sometimes a quagmire in the making / Nel, Eben
- Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution / Kotzé, Tina ; Boggenpoel, Zsa- Zsa
- Key considerations for traditional residential Universities intending to offer Bachelor of Laws (LLB) through the distance mode of tuition : a case study / Moolman, Hermanus ; Du Plessis, Adri
- Accountability of law enforcement personnel for Human Rights Violations in Cameroon : trends and challenges / Agbor, Avitus A.
- Revisiting the Zimbabwean unfair labour practice concept / Kasuso, Tapiwa G.
- Is the WTO appellate body in Limbo? The roots of the crisis in the WTO dispute settlement body and the available routes navigating the quagmire / Umenze, Nnamdi Stanislaus
Special Edition: Corporate and Financial Markets 2021
- Editorial: Special Edition on corporate and financial markets law: embracing technology in corporate, securities and financial markets law and the combating of financial crimes in the 4th Industrial Revolution / Chitimira, Howard ; Warikandwa, Tapiwa
- The need to adopt preventative measures to combat the misappropriation of retirement fund assets / Marumoagae, Motseotsile Clement
- Personal data security in South Africa’s financial services market: the protection of personal information Act 4 of 2013 and the European Union general data protection regulation compared / Warikandwa, Tapiwa
- Towards ingenious technology and the robust enforcement of financial markets laws to curb money laundering in Zimbabwe / Chitimira, Howard ; Ncube, Menelisi
- The reliance on lifestyle audits for public officials to curb corruption and tax evasion in Nigeria / Animashaun, Oyesola ; Chitimira, Howard
- Differences between members and shareholders of a friendly society and the payment of dividends : a South African–Australian perspective / Kilian, Neels
- Mainstreaming black women into managerial positions in the South African Corporate Sector in the era of the Fourth Industrial Revolution (4IR) / Matotoka, Motlhatlego ; Odeku, Kolawole
- Enhancing the value of patents as corporate assets in South Africa : how can artificial intelligence (AI) assist? / Ndlovu, Lonias
- The integration and reliance on technology to enhance the independence and accountability of company directors in South Africa / Hamadziripi, F. ; Chitimira, H.
- The Nexus between mobile money regulation, innovative technology and the promotion of financial inclusion in Zimbabwe / Chitimira, Howard ; Torerai, Elfas
- The regulation and use of artificial intelligence and 5G technology to combat cybercrime and financial crime in South African Banks / Vinti, Clive
- A Legal analysis of the use of innovative technology in the promotion of financial inclusion for low-income earners in South Africa / Chitimira, Howard ; Magau, Phemelo
- Digital financial services : prospects and challenges / Van Niekerk, Martha Gertruida ; Phaladi, Nkgolodishe Hermit
- Reconciling the "Bittersweet Chemistry" between technology and corporate takeovers through reinforcing national security interests in merger control / Mudzamiri, Justice ; Osode, Patrick C.
- Cryptocurrency : towards regulating the unruly Enigma of Fintech in Nigeria and South Africa / Ukwueze, F.O.
- Corruption and Corporate Governance in Namibia : an analysis of the strategic approaches in the 4th Industrial Revolution / Asheela-Shikalepo, Ndatega
- Shareholder oppression as corporate conduct repugnant to public policy : infusing the concept of Ubuntu in the interpretation of Section 163 of the Companies Act 71 of 2008 / Sibanda, Aubrey
SARChi CLES Series on Cities, Law and Environmental Sustainability
- Municipal courts and environmental justice in South African Local Government / Molaiwa, Andrew
- Recalibrating everyday space : using Section 24 of the South African Constitution to resolve contestation in the urban and spatial environment / Coggin, Thomas
- The potential of public-private partnerships (PPPs) in the pursuit of sustainable development goal 11 in Zimbabwe / Masekesa, Liberty K.
- Municipal instruments in law for Cultural Heritage Protection : a case study of the City of Cape Town Metropolitan Municipality / Steenkamp, Melandri
- The role of the courts in advancing water security in South Africa / Qumbu, Bronwen
Notes
- A note on the ninth amendment to the Constitution of Lesotho / 'Nyane, Hoolo
- Comment on the single marriage statute : implications for customary marriages / Osman, Fatima
Case note
- Quo Vadis Patent Litigation : Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - in search of the bigger picture on Patent Validity / Shozi, Bonginkosi ; Vawda, Yousuf A.
- Reviewing the Speaker's decision : a brief synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC) / Slade, Bradley
- Can an emoji be considered as defamation? A legal analysis of Burrows v Houda [2020] NSWDC 485 / Singh, Priya
- Post-resignation survival of fiduciary duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) / Cassim, Rehana
- Automated facial recognition in law enforcement : the Queen (on application of Edward Bridges) v The Chief Constable of South Wales Police / Gordon, Barrie
- Discovering the value of liberty in intellectual property adjudication: a methodological critique of the reasoning in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ) / Shay, Richard M. ; Moleya, Ndivhuwo I.
- Determining the true reason for an alleged section 187(1)(c) dismissal: a discussion of National Union of Metalworkers of South Africa v Aveng Trident Steel (a Division of Aveng Africa (Pty) Ltd) (2021) 42 ILJ 67 (CC) / Newaj, Kamalesh
- The employee's right to freedom of religion versus the employer's workplace needs: an ongoing battle: TDF network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC) / Ebrahim, Shamier
- South Africa's journey to climate change regulation : Earthlife Africa Johannesburg v Minister of Environmental Affairs 2017 2 All SA 519 (GP) / Papacostantis, Helen
- Throwing the unlawful detention Jurisprudence into Turmoil : a critique of De Klerk V Minister of Police 2020 1 SACR 1 (CC) / Msaule, Raymond
Book reviews
- Moseneke, D. 2020. All Rise: A Judicial Memoir [Book review] / Nyane, Hoolo
Editor-in-Chief: Professor Christa Rautenbach
Recent Submissions
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Warrantless search and seizures by the South African Police Service : weighing up the right to privacy versus the prevention of crime
(PER/PELJ, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ... -
Social protection instruments and women workers in the informal economy : a Southern African perspective
(PER/PELJ, 2021)The world of work has changed and in some instances a realisation now exists that certain forms of work are a reality and not a passing occurrence, and it is of the utmost importance that international regulation provides ... -
Altering the human genome : mapping the genome editing regulatory system in South Africa
(PER/PELJ, 2021)Novel therapeutic strategies using genome editing technologies, such as CRISPR-Cas9 are revolutionising the way in which diseases can be prevented and treated in the future. Consequently, a global debate has emerged ... -
An analysis of the "National Security Interest" provision in terms of section 18A of the Competition Act 89 of 1998
(PER/PELJ, 2021)This contribution examines the implications of the "national security provision" in terms of section 18A of the Competition Act 89 of 1998 as inserted by section 14 of the Competition Amendment Act 18 of 2018. The effect ... -
The standard of the reasonable person in determining negligence – comparative conclusions
(PER/PELJ, 2021)The standard of the reasonable person or its equivalent, in general, is used in many jurisdictions to determine fault in the form of negligence. Although the standard is predominantly objective it is also subjective ... -
Family conferencing : responsibility at grassroots level – a comparative analysis between the Netherlands and South Africa
(PER/PELJ, 2021)As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to ... -
The significance of sea-level rise for the continuation of states and the identity of their people
(PER/PELJ, 2021)This article considers the legal institutions which give people identity and may anchor them to particular places. But what happens to that identity when "place" no longer exists? The focus of this article is the question ... -
An analysis of the implementation of the caselines system in South African courts in the light of the provisions of section 27 of the electronic communications and transactions act 25 of 2002 : a beautiful dream to come true in civil procedure
(PER/PELJ, 2021)The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been ... -
Nobody can really afford Legal Services : the price of justice in Namibia
(PER/PELJ, 2021)Nobody (except for the privileged few) can afford legal services in Namibia. In the light of this dawning awareness, how should the government and other stakeholders design the legal profession so that the greatest ... -
Exempting Health Research from the Consent Provisions of POPIA
(PER/PELJ, 2021)The Protection of Personal Information Act 4 of 2013 (hereafter POPIA) has the potential to disrupt health research in South Africa. While the legal status quo is that broad consent by research participants is acceptable, ... -
Deterministic application of Process-centric Law to the System-centric Requirements of Procurement Procedures
(PER/PELJ, 2021)South Africa's public procurement system is accorded constitutional status, establishing fundamental requirements for the operation of the system. The application of these constitutional system requirements and their ... -
The development of cryptocurrencies as a payment method in South Africa
(PER/PELJ, 2021)The use of currency as a medium of exchange for goods and services is essential in our daily lives. The concept of currency evolved from bartering to the use of coins and notes and now to the current digital age as the ... -
A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
The right of child offenders to intermediary assistance in the Criminal Justice System : a South African perspective
(PER/PELJ, 2021)The right of a child offender to participate effectively in criminal proceedings is a fundamental aspect of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as ... -
Fraus Legis in Constitutional Law : the case of Expropriation "Without" or for "Nil" compensation
(PER/PELJ, 2021)Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To ... -
DNA evidence as the basis for conviction
(PER/PELJ, 2021)The sufficiency of DNA evidence alone, with regard to convicting accused persons, has been interrogated and challenged in criminal cases. The availability of offender databases and the increasing sophistication of crime ... -
The Consumer Protection Act 68 of 2008 and Parol Evidence
(PER/PELJ, 2021)The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic ... -
Data commercialisation in the South African Health Care Context
(PER/PELJ, 2021)Realisation of the value and the commercialisation potential of data is gaining exponential momentum. The combination of historical data exploitations and the use of technologies that allow for the triangulation of data ... -
The taxation of company distributions in respect of hybrid instruments in South Africa : lessons from Australia and Canada
(PER/PELJ, 2021)Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while ... -
Compensating landowners? The state's (Limited) duty toward landowners in delayed eviction matters
(PER/PELJ, 2021)The unlawful occupation of private land creates a tension between the interests of the unlawful occupiers to avoid homelessness and the landowner to regain control of its property. To balance the interests and rights ...
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