Browsing PER: 2010 Volume 13 No 3 by Title
Now showing items 1-13 of 13
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Can the application of the human rights of the child in a criminal case result in a therapeutic outcome?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Prior to the change brought about by S v M,1 the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order ... -
The constitutionality of biological father's recognition as a parent
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act1 still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities ... -
Fundamental consumer rights under the Consumer Protection Act 68 of 2008: A critical overview and analysis
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President ... -
Fuzzy law and the boundaries of secularism
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
The impact of HIV/AIDS regarding informal social security: Issues and perspectives from a South African context
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The purpose of the article is to examine the right to social assistance for households living with HIV/AIDS in South Africa. In particular, the article focuses on the impact of this pandemic on households' access to ... -
Jordan v Farber (1352/90) [2009] ZANCHC 81 (15/12/2009)
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)This case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to ... -
Municipal tender awards and internal appeals by unsuccessful bidders
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)In recent years, bidders aggrieved by municipal tender awards are increasingly resorting to Section 62 of the Local Government: Municipal Systems Act1 for relief. The application of this provision to tender processes is ... -
Plagiarism: Misconduct awareness on novice research within the cyberworld
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)More often than not, there exists some form of infringement relating to the use of other authors' work. This is particularly so in instances in which novice authors make use of the information available within the ... -
Restructuring of insdolvent corporations in canada
(North-West University (Potchefstroom Campus), Faculty of Law, 2010) -
Rethinking Volks v Robinson: The implications of appliying a "contextualised choice model" to prospective South African domestic partnership legislation
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The article considers certain critical failings of the so-called "choice argument" (that is the view that, by opting to cohabit in a life partnership rather than marry or enter into a civil partnership, a life partner ... -
The role of religious leaders in curbing the spread of HIV/AIDS in Nigeria
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The tragic impact of the HIV/AIDS pandemic in Nigeria and its rate of escalation despite increasing access to health services have been alarming and terrifying. Nigerian people are very religious, yet the impact of the ... -
The South African constitutional court and the rule of law: The masethla judgement, a cause for concre?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South ... -
To sequestrate or not to sequestrate in view of the National Credit Act 34 of 2005: A tale of two judgements
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)The purpose of this article is to consider the impact of some of the provisions of the National Credit Act1 (the NCA) on sequestration applications in the form of applications for voluntary surrender, as well as compulsory ...