PER: 2022 Volume 25: Recent submissions
Now showing items 21-40 of 68
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Prioritising Command-and-Control Over Collaborative Governance : The Role of the Information Regulator Under the Protection of Personal Information Act
(PER/PELJ, 2022)Although the Protection of Personal Information Act 4 of 2013 (POPIA) wholeheartedly adopts the command-and-control features of the EU General Data Protection Regulation (GDPR), POPIA does not include many of the ... -
Policy Considerations that Could Justify the Enactment of a Crime Victim Compensation Fund in South Africa
(PER/PELJ, 2022)It may be argued that the current legal position relating to crime victim compensation is unsatisfactory. It should therefore be asked whether there is a potential alternative for crime victim compensation. Many foreign ... -
The African Union's Self Financing Mechanism : A Critical Analysis in terms of the World Trade Organisation's Rules and Regulations
(PER/PELJ, 2022)The purpose of this paper is to critically analyse from a theoretical perspective the compatibility of the African Union's (AU's) self-financing mechanism (SFM) with the rules and regulations of the World Trade Organisation ... -
Strengthening the Fight Against Corruption through the Principle of Accountability
(PER/PELJ, 2022)As much as rising inequalities, extreme poverty, unemployment, terrorism, and the disastrous effects of climate change, corruption is a global phenomenon with widespread consequences. The impact that corruption has on the ... -
The Need for Monitoring and Assessment of Legal Aid Quality in South Africa
(PER/PELJ, 2022)Legal aid is needed in South Africa as one mechanism for poor South Africans to realise their legal rights and to use the law as a vehicle for positive social change in a grossly unequal society in which deep poverty is ... -
Relevance, Admissibility and Probative Value in a Rational System of Evidence : A South African Perspective
(PER/PELJ, 2022)In the South African legal system of fact finding and proof the relevance of an evidentiary fact is not governed by the rules of the law of evidence but by a set of extra-legal principles based on the logic of inferential ... -
An Analysis of South Africa's Provision of Emergency Water Supply During the Covid 19 Pandemic : Accountability and Expiration
(PER/PELJ, 2022)The COVID-19 pandemic has illuminated the widespread lack of access to adequate water and sanitation in South African informal settlements and rural areas. While the full complexities of the relationship between inequality, ... -
An Appraisal of the Legal Framework on Parole in Nigeria
(PER/PELJ, 2022)Parole is a new correctional measure in the Nigerian penal system. Before 2015 inmates could be released before the expiration of their terms of imprisonment only if they were granted pardons by the governor of a state or ... -
The UCP as a Choice of Non State Law in International Commercial Contracts
(PER/PELJ, 2022)The article analyses the UCP as a form of non-State law. It demonstrates that in some courts the UCP may inadvertently be applied as the governing law of the agreement instead of as contractual terms. The article proceeds ... -
Re-orientation
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Charl Hugo : A Friend and Dear Colleague
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A Tribute to Charl Francois Hugo
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Personal Tribute to Charl Hugo
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Editorial : Festschrift for Charl Hugo
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Once, Twice, Three Times Delayed : Considering a Permanent Stay of Prosecution in Rodrigues v The National Director of Public Prosecutions
(PER/PELJ, 2022)The National Prosecuting Authority is vested with the power, as dominus litus, to institute and discontinue charges whereas high courts are empowered to order a permanent stay of the prosecution prohibiting the continuation ... -
Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death : Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May
(PER/PELJ, 2022)Section 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage. This case note discusses the ... -
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 ... -
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 ... -
The Legal Relevance of Nature based Solutions for Sustainable Urban Development in South African Secondary Cities
(PER/PELJ, 2022)South Africa, like many other countries worldwide, strives for sustainable development. Increasing urbanisation and climate change are two of the main drivers of the global pursuit of sustainable development. Nature-based ... -
Judging the Holy Cow : Examining the Role of Implicit Bias in Judicial Rulings An Analysis of the Decision in Mbena v Minister of Justice and Correctional Services 2015 4 All SA 361 (ECP)
(PER/PELJ, 2022)This contribution is an investigation into the role of implicit (as opposed to explicit) biases in judicial rulings by examining the judgment of Chetty J in Mbena v Minister of Justice and Correctional Services 2015 4 All ...
