Browsing PER: 2012 Volume 15 No 2 by Issue Date
Now showing items 1-19 of 19
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Addressing the spectre of cyber terrorism: a comparative perspective
(2012)This article looks at the definition of cyber terrorism and terrorist use of the Internet. The article evaluates cyber terrorist threats facing countries such as the United States of America, the United Kingdom, India ... -
Challenges confronting health care workers in government's ARV rollout: rights and responsibilities
(2012)South Africa is renowned for having a progressive Constitution with strong protection of human rights, including protection for persons using the public health system. While significant recent discourse and jurisprudence ... -
The role of SADC institutions in implementing SADC treaty provisions dealing with regional integration
(2012)Without some level of institutionalisation or other means of enforcement, national commitment to regional trade integration is bound to face some challenges. Accordingly, transnational trade is obviously inhibited when ... -
The Road Accident Fund and serious injuries: the narrative test
(2012)The Road Accident Fund Amendment Act 19 of 2005 came into effect on 1 August 2008. This Act limits the Road Accident Fund’s liability for compensation in respect of claims for non-pecuniary loss to instances where a ... -
The interpretation of the amended RAF act 56 of 1996 and the regulations thereto by the courts with regard to "serious injury" claims
(2012)The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008 and sections 17(1) and 17(1A) introduced the concept of “serious injury”. This entails that a third-party claimant who wishes to claim compensation for ... -
Comparative analysis of access to patented HIV/AIDS pharmaceutical medicines through the Canadian and EU trips flexibilities measures: are they efficacious or overly burdensome and ineffective measures?
(2012)This paper evaluates the Canadian and the European Union's (EU) implementation of the World Trade Organisation (WTO) General Council Decision of 2003, which resolved that developed nations could export patented pharmaceutical ... -
Do boards of trustees of South African retirement funds owe fiduciary duties to both the funds and fund members? The debate continues
(2012)Over the years, the South African retirement fund industry has experienced major regulatory changes. These changes were aimed at imposing a higher standard of governance on the boards of trustees governing various pension ... -
Achieving "decent work" in South Africa?
(2012)The fundamental goal of the International Labour Organisation is the achievement of decent and productive work for both women and men in conditions of freedom, equity, security and human dignity. The South African ... -
The implications of fedralism and decentralisation in socio-economic conditions in Ethiopia
(2012)This paper analyses impacts of the federal system and the decentralisation of functions to the district level on Ethiopia's socio-economic development. Firstly we will highlight the principles of the Ethiopian federal ... -
Forceful arrests: an overview of section 49 of the criminal procedure act 51 of 1977 and its recent amendments
(2012)The debate concerning the use of violence by the police force is an endless one. Section 49 of the Criminal Procedure Act 51 of 1977 serves as a framework for the use of violence by police officers during arrests in South ... -
Public access to private land in Scotland
(2012)This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect ... -
The relevance of a contextualisation of the state-individual relationship for child victims of armed conflict
(2012)The relationship between the individual and the State is discussed in this contribution. The argument is put forward that both the State and the individual are legal subjects endowed with legal subjectivity. In their ... -
Die rol van en beperkings op die regbank om sosiale vrede in Suid-Afrika te bevorder
(2012)Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012. He dealt with ... -
The role of international sustainable development law principles in enabling effective renewable energy policy - a South African perspective
(2012)It is universally accepted that renewable energy is an important contributing factor towards the promotion of sustainable development. The implementation of renewable energy needs to be regulated in an effective manner ... -
Can decentralisation contribute to promoting rule-of-law structures? The democratic republic of Congo, Rwanda and Burundi as examples
(2012)Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing ... -
A South African perspective on mutual legal assistance and extradition in a globalized world
(2012)This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a ... -
Decentralisation in Africa: a critical review of Uganda's experience
(2012)Since the rise to power of the Movement government under the leadership of Yoweri Museveni in 1986, Uganda has largely been show-cased as an emerging democracy on the continent. Among other things, Museveni's regime has ... -
But is it speech? Making critical sense of the dominant constitutional discourse on pornography, morality and harm under the pervasive influence of United States first amendment
(2012)Under the pervasive influence of United States First Amendment jurisprudence, adult gender-specific sexually explicit (or “pornographic”) material is conceptualized, and thus protected in the “marketplace of ideas”, as ...
