Browsing PER: 2021 Volume 24 by Title
Now showing items 61-71 of 71
-
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
(PER/PELJ, 2021)The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a ... -
Should South Africa criminalise Ukuthwala leading to forced marriages and child marriages?
(PER/PELJ, 2021)In 2014 the South African Law Reform Commission (SALRC) released a Discussion Paper on the practice of ukuthwala. The Discussion paper was revised and released again in 2015 to include public consultations and the proposed ... -
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 ... -
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 ... -
South Africa's journey to climate change regulation : Earthlife Africa Johannesburg v Minister of Environmental Affairs 2017 2 All SA 519 (GP)
(PER/PELJ, 2021)Concerns over climate change are increasingly reaching an urgent level. Many countries have begun focusing their efforts on mitigating its devastating impact. At the same time countries need to ensure their economic growth ... -
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 ... -
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 ... -
Throwing the unlawful detention Jurisprudence into Turmoil : a critique of De Klerk V Minister of Police 2020 1 SACR 1 (CC)
(PER/PELJ, 2021)Before the judgement in De Klerk v Minister of Police 2020 1 SACR 1 (CC), (de Klerk), a plaintiff could claim damages for unlawful arrest and detention after the first appearance in court if the arresting (or the ... -
Towards ingenious technology and the robust enforcement of financial markets laws to curb money laundering in Zimbabwe
(PER/PELJ, 2021)Technology has positively contributed to the creation of financial markets and the facilitation of payments globally. The effective use of robust technology could enhance the consistent enforcement of financial market ... -
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 ... -
What about the child? Preventing the publication of children's name after the age of 18
(PER/PELJ, 2021)Children are afforded a number of different protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position they occupy in society. When children form part ...
