Browsing PER: 2021 Volume 24 by Title
Now showing items 6-25 of 71
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Can an emoji be considered as defamation? A legal analysis of Burrows v Houda [2020] NSWDC 485
(PER/PELJ, 2021)This article considers the Australian case of Burrows v Houda 2020 NSWDC 485 and the English case of Lord McAlpine v Bercow 2013 EWHC 1342 (QB). Both cases considered the question of whether emojis could be considered ... -
Challenges to the prohibition on sovereignty in Outer Space - A new frontier for space governance
(PER/PELJ, 2021)The current space arena has changed significantly since the 1950s, when outer space activities commenced. At the time of the adoption of the Outer Space Treaty (and the related General Assembly Resolutions), the outer ... -
Comment on the single marriage statute : implications for customary marriages
(PER/PELJ, 2021)The South African Law Reform Commission has proposed a single marriage statute to reconcile the several enactments regulating marriage in South Africa. This comment argues that the Bill should include old customary ... -
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 ... -
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 ... -
Corruption and Corporate Governance in Namibia : an analysis of the strategic approaches in the 4th Industrial Revolution
(PER/PELJ, 2021)The advent of new technology and the 4th Industrial Revolution has introduced new facets of corporate crimes and regulatory challenges for the enforcement of anti-corruption laws. Acknowledging the negative effects of ... -
Cryptocurrency : towards regulating the unruly Enigma of Fintech in Nigeria and South Africa
(PER/PELJ, 2021)One of the most modern inventions of financial technology (FinTech) since after the global financial crisis of 2008 is the crypto or virtual currency/asset. Since the creation of the first cryptocurrency, the Bitcoin, in ... -
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 ... -
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)
(PER/PELJ, 2021)On 27 October 2020, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa v Aveng Trident Steel (A Division of Aveng Africa (Pty) Ltd) 2021 42 ILJ 67 (CC). Following the judgment, ... -
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 ... -
Differences between members and shareholders of a friendly society and the payment of dividends : a South African–Australian perspective
(PER/PELJ, 2021)This article focusses on a very specific problem statement, namely how shareholder society relationships are viewed in Australia and South Africa. Friendly societies are special "legal creatures" enjoying legal personality ... -
Digital financial services : prospects and challenges
(PER/PELJ, 2021)Digital financial services (DFSs), being financial services accessed and delivered through digital channels, have grown rapidly in South Africa as well as globally. The adoption of the technology for DFSs has led to an ... -
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)
(PER/PELJ, 2021)This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 ... -
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 ... -
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, ... -
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
(PER/PELJ, 2021)This special edition consists of a selection of contemporary and well thought out academic contributions that were developed into full journal articles by presenters who delivered their key findings at the 2nd Annual ... -
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)
(PER/PELJ, 2021)The right to religion is well protected in the Constitution of the Republic of South Africa, 1996 (the Constitution) as well as attendant legislation. Section 15(1) of the Constitution provides that all persons have the ... -
Enhancing the value of patents as corporate assets in South Africa : how can artificial intelligence (AI) assist?
(PER/PELJ, 2021)Although the accounting definition of assets contemplates intangible, abstract assets such as those embodied in intellectual property (IP), South African company law largely views IP as a legal and not a business asset. ... -
Estate planning and wills across borders : sometimes a quagmire in the making
(PER/PELJ, 2021)In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and ...
