Browsing PER: 2021 Volume 24 by Title
Now showing items 21-40 of 71
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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 ... -
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, ... -
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 ... -
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 ... -
Innovative regulation of meat consumption in South Africa : an Environmental Rights perspective
(PER/PELJ, 2021)Meat production is a human activity driven by meat consumption, a human behaviour normalised in today's society. Human activity stems from particular psychological patterns (manifesting as human behaviour). It is argued ... -
The integration and reliance on technology to enhance the independence and accountability of company directors in South Africa
(PER/PELJ, 2021)The most indispensable means of change in contemporary business society is technology because it offers convenience to both businesses and their clients. Almost every business has been influenced by technology. Traditional ... -
Interpretation of wills - does Endumeni case apply
(PER/PELJ, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
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
(PER/PELJ, 2021)In its over 25 years' history, the dispute settlement mechanism of the World Trade Organisation (WTO) has been touted as one of the most active and successful international adjudicatory systems in relation to other ... -
Key considerations for traditional residential Universities intending to offer Bachelor of Laws (LLB) through the distance mode of tuition : a case study
(PER/PELJ, 2021)This case study aims to provide key considerations that traditional residential universities should consider when deciding to offer a distance tuition programme alongside an existing contact tuition programme. The University ... -
The leave of court requirement for instituting derivative actions in the UK : a ten-year jurisprudential excursion
(PER/PELJ, 2021)The judiciary-exclusive role to allow or deny the commencement or continuation of contemporary derivative litigation is one of the critical aspects of such proceedings. Before the 2006 codification, derivative actions ... -
A Legal analysis of the use of innovative technology in the promotion of financial inclusion for low-income earners in South Africa
(PER/PELJ, 2021)The promotion of financial inclusion is important for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most low-income earners living in rural areas and informal settlements ... -
The legal operation of liens : theory and practice
(PER/PELJ, 2021)The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an ... -
Living together as neighbours: rethinking the reasonableness standard in Nuisance Law Under the Constitution
(PER/PELJ, 2021)The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, ... -
Mainstreaming black women into managerial positions in the South African Corporate Sector in the era of the Fourth Industrial Revolution (4IR)
(PER/PELJ, 2021)The active participation of Black South African women in the corporate sector is essential for the achievement of equity and diversity. Since 1994 the sector has failed to promote black women into managerial positions ... -
Moseneke, D. 2020. All Rise: A Judicial Memoir [Book review]
(PER/PELJ, 2021)The contribution is the review of the book published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book ... -
Municipal courts and environmental justice in South African Local Government
(PER/PELJ, 2021)South African law establishes environmental justice (EJ) as among the environmental management principles to direct decision-making. EJ's inclusion as a guiding principle in the National Environmental Management Act 107 ...
