Browsing PER: 2022 Volume 25 by Title
Now showing items 6-25 of 68
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Beneficiary Fraud and Demand Guarantees
(PER/PELJ, 2022)It is settled in South African and English law that for the fraud exception to apply to demand guarantees or letters of credit the fraud must have been committed by the beneficiary (or his agent with the beneficiary's ... -
Bullying in the Workplace : The Plight of South African Employees
(PER/PELJ, 2022)This article discusses the prevalence of bullying in South African workplaces as well as the causes and symptoms thereof and the shortcomings in the current protection available to victims. Jurisprudence indicates that in ... -
Canefe, N. 2022. Critical Perspectives on Crimes against Humanity : The Limits of Universal Jurisdiction in the Global South (University of Wales Press 2020) [Book review]
(PER/PELJ, 2022)In the current anti-accountability sentiment that has plagued most of Africa, triggered by the nasty politics of selectivity that is primarily motivated by considerations of realpolitik or the interests of specific states, ... -
Charl Hugo : A Friend and Dear Colleague
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A Comparative Analysis of the Approach to the Conformity of a Supporting Statement Calling for Payment Under Demand Guarantees
(PER/PELJ, 2022)The core requirement of a demand guarantee is to receive payment through the delivery of documents or a call for payment that meets the requirements of the demand guarantee. The call for payment may be accompanied by a ... -
Comparative Perspectives on the Keeping of Animals in Sectional (Strata) Title Schemes
(PER/PELJ, 2022)The aim of this article is to provide comparative perspectives on the keeping of animals in sectional title schemes by analysing the conduct rule for the keeping of animals, reptiles, and birds in the provisions of the ... -
Concepts of Justice and National Context Outlining Legal Comparisons Between the Federal Republic of Germany, the United States of America, and the People's Republic of China
(PER/PELJ, 2022)Comparative law holds the promise of improving knowledge. Looking at other legal systems enables a nuanced understanding of the rules of one's own country. While comparative law traditionally starts with a concrete issue, ... -
The Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers
(PER/PELJ, 2022)As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions. The Draft National Health Insurance Bill, 2019 ... -
The Control and Eradication of Invasive Species in Urban Areas in terms of South African Law : The City of Cape Town and Polyphagous Shot Hole Borer Beetles
(PER/PELJ, 2022)The introduction and prevalence of invasive species is an alarming reality in South Africa. The emergence of invasive species has resulted in harmful consequences on various levels and has adverse impacts on the environment ... -
Copyright Reform in South Africa : Two Joint Academic Opinions on the Copyright Amendment Bill [B13B 2017]
(PER/PELJ, 2022)South Africa is in the process of reforming its copyright law, attempting to update and align it with constitutional rights and existing and prospective international treaty obligations. With the adoption of the Copyright ... -
Corporate Power, Human Rights and Urban Governance in South African Cities
(PER/PELJ, 2022)This article is concerned with the extent to which corporations involved in governing South African cities and towns are bound to the developmental objectives and socio-economic rights that urban governance efforts are ... -
A Critical Evaluation of the Use of Sanctions Clauses in Letters of Credit
(PER/PELJ, 2022)With the sharp increase in sanctions-related compliance requirements and expectations over the last decade, banks have sought various methods to mitigate the legal risk of engaging sanctioned persons or entities. The ... -
Debunking the Master of the High Court's Assumed Approval Authority Over a Redistribution Agreement in a Deceased Estate
(PER/PELJ, 2022)A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the ... -
Defining the Urban Edge - A Guide to its Implementation for Sustainable Development
(PER/PELJ, 2022)As relics of the legacy of apartheid, the boundaries of cities have expanded exponentially. The notion of the urban edge has therefore been introduced as a planning tool to prevent further sprawl and has become an ... -
Die Toepassing van die Wet op Beroepsgesondheid en Veiligheid en ander Veiligheidsmaatreëls by Skole se Tegnologiewerkswinkels
(PER/PELJ, 2022)Empirical research conducted by education researchers over a period of approximately 20 years confirms that uncertainty exists whether the provisions of the Occupational Health and Safety Act (OHSA) apply to technology ... -
Digitalisation in the Health Sector : A South African Public Law Perspective
(PER/PELJ, 2022)The landscape of the health sector in South Africa as seen from a regulatory perspective is rapidly changing under the disruptive impact of digitalisation. Drawing on a paradigm of "strong rights" protection, particularly ... -
Direct-to-Consumer Genetic Testing in South Africa : Stumbling Over the First Legal Hurdle?
(PER/PELJ, 2022)Despite the growing popularity of direct-to-consumer genetic testing, there is minimal South African literature on the topic. The limited available research suggests that direct-to-consumer genetic testing is unregulated. ... -
Editorial : Festschrift for Charl Hugo
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Environmental Stewardship: Confluence of Law and Religion?
(PER/PELJ, 2022)Why should we bear responsibility for the degradation of the environment? A wide range of responses is on offer to this question. Common to them all is that they are all rooted in one or the other ontological and epistemic ... -
Facing the Music through Environmental Administrative Penalties : Lessons to be Learned from the Implementation and Impact of Section 24G?
(PER/PELJ, 2022)Section 24G was inserted into the National Environmental Management Act 107 of 1998 to provide a mechanism for authorising activities that commence unlawfully. It contains South Africa's only environmental administrative ...
