Browsing PER: 2011 Volume 14 No 4 by Title
Now showing items 1-11 of 11
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Distinguishing Between Private Law and Social–Security Law in Deducting Social Grants from Claims for Loss of Support
(2011)This article attempts to highlight the potential danger in applying private–law principles to social–security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue ... -
DNA Profiling and the Law in South Africa
(2011)DNA evidence is currently at the forefront of the arsenal of evidence employed in criminal trials. To ensure its optimum use in criminal proceedings, it is imperative that the legal fraternity is properly conversant with ... -
In Defence of Pashukanism
(2011)This essay presents an extended defence of the general theory of law formulated by the Bolshevik jurist, Evgeny Pashukanis, and published in his Law and Marxism: A General Theory in 1924. The general theory is a theory ... -
Information and Knowledge Management at South African Law Firms
(2011)Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets is increasingly viewed as a key factor in efficient legal service delivery. In ... -
"Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008
(2011)In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ... -
The Requirement of Being a "Fit and Proper" Person for the Legal Profession
(2011)An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be "fit and proper". This ... -
The Southern African Development Community Trade Legal Instruments Compliance with Certain Criteria of GATT Article XXIV
(2011)Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine ... -
The Status and Role of Legislation In South Africa as a Constitutional Democracy : Some Exploratory Observations
(2011)This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review in a modern day state, legislation in South Africa has since 27 April 1994 grown in status (and ... -
Ubuntu: An African Equity
(2011)In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated. Furthermore the theoretical objections to the use of ubuntu ... -
The Value Added Tax Implications of Illegal Transactions
(2011)In the case of MP Finance Group CC (In Liquidation) v CSARS the High Court of Appeal ruled that income "received by" a taxpayer from illegal gains will be taxable in the hands of the taxpayer. This article explores whether ...
