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Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

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PELJ/PER publishes contributions relevant to development in the South African constitutional state. This means that most contributions will concern some aspect of constitutionalism or legal development. The fact that the South African constitutional state is the focus, does not limit the content of PELJ/PER to the South African legal system, since development law and constitutionalism are excellent themes for comparative work. Contributions on any aspect or discipline of the law are welcomed, as long as the main themes are addressed.

The Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad PELJ/PER can now be found at http://journals.assaf.org.za/per/index


Vol 21, No 1 (2018)

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Table of Contents

Articles

The registration of special notarial bonds under the security by means of movable property act and the publicity principle: lessons from developments in Belgium EMAIL FREE FULL TEXT
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Lefa S. Ntsoane
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2389
Pathological corporate governance deficiencies in South Africa's state-owned companies: a critical reflection EMAIL FREE FULL TEXT
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Tebello Thabane, Elizabeth Snyman van Deventer
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2345
Reviewing the suitability of affirmative action and the inherent requirements of the job as grounds of justification to equal pay claims in terms of the Employment Equity Act 55 of 1998 EMAIL FREE FULL TEXT
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Shamier Ebrahim
The national credit act's remedies for reckless credit in the mortgage context EMAIL FREE FULL TEXT
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Reghard Brits
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2955
In search of the perceived quality and impact of accredited South African law journals: exploring the possibility of a ranking system. A baseline study: 2009 – 2014 EMAIL FREE FULL TEXT
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Marita Carnelley
Maintaining the ecological flows of estuaries: a critical reflection on the application and interpretation of the relevant legal framework through the lens of the Klein River Estuary EMAIL FREE FULL TEXT
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Alexander Paterson
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2781
Book Review: Laws against Strikes – The South African Experience in an International and Comparative Perspective EMAIL FREE FULL TEXT
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Michael Laubscher
Book Review: Aboriginal Customary Law: A Source of Common Law Title to Land EMAIL FREE FULL TEXT
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Elmien W.J. du Plessis
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3405
Book Review: Untitled: Securing Land Tenure in Urban and Rural South Africa EMAIL FREE FULL TEXT
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Elmien W.J. du Plessis
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3406
Book Review: Corruption and Human Rights Law in Africa EMAIL FREE FULL TEXT
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Willard T. Mugadza
Book Review: The BRICS-Lawyers' Guide to Global Cooperation EMAIL FREE FULL TEXT
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Franziska Sucker
Le Roux v Dey and children's rights approaches to judging EMAIL FREE FULL TEXT
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Meda Couzens
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3075
Human rights and the new sustainable mechanism of the Paris Agreement: a new opportunity to promote climate justice EMAIL FREE FULL TEXT
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Paola Villavicencio Calzadilla
http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3189
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 1) EMAIL FREE FULL TEXT
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Willem H. Gravett
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 2) EMAIL FREE FULL TEXT
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Willem H. Gravett
Facing the challenge of improving the legal writing skills of educationally disadvantaged law students in a South African Law School EMAIL FREE FULL TEXT
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Angela Diane Crocker
An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: Suggestions for reform – Part One EMAIL FREE FULL TEXT
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Lee Swales
An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: Suggestions for reform – Part Two EMAIL FREE FULL TEXT
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Lee Swales
Justificatory theories for intellectual property viewed through the constitutional prism EMAIL FREE FULL TEXT
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Mikhalien du Bois
The direct applicability of SADC Community Law in South Africa and Zimbabwe: A call for supranationality and the uniform application of SADC community law EMAIL FREE FULL TEXT
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Retselisitsoe Phooko
The testimonial competence of children: A need for law reform in South Africa EMAIL FREE FULL TEXT
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Mildred Bekink
The Testamentary Trust: Is it a Trust or a Will? Hanekom v Voigt 2016 1 SA 416 (WCC) EMAIL FREE FULL TEXT
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Eben Nel
South Africans offering foreign military assistance abroad: How real is the risk of domestic prosecution? EMAIL FREE FULL TEXT
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Shannon Joy Bosch
The legal nature of the embryo: Legal subject or legal object? EMAIL FREE FULL TEXT
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Robbie Robinson
Intermediaries and the international obligation to Protect child witnesses in South Africa EMAIL FREE FULL TEXT
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R. Fambasayi, R. Koraan
Pre-Agreement Assessment as a Responsible Lending Tool in South-Africa, the EU and Belgium: Part 1 EMAIL FREE FULL TEXT
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Corlia M van Heerden, Reinhard Steennot
Pre-Agreement Assessment as a Responsible Lending Tool in South-Africa, the EU and Belgium: Part 2 EMAIL FREE FULL TEXT
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Corlia M van Heerden, Reinhard Steennot
Inheritance rights for posthumously procreated children: A growing challenge for the law EMAIL FREE FULL TEXT
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Justin d'Almaine, Frederick Noel Zaal
Does Albinism Fit Within the Legal Definition of Disability in the Employment Context? A Comparative Analysis of the Judicial Interpretation of Disability under the SA and the US Non-Discrimination Laws EMAIL FREE FULL TEXT
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Maureen Mswela
Formal Regulation of Third Party Litigation Funding Agreements? A South African Perspective EMAIL FREE FULL TEXT
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Mpho Justice Khoza
The Reasonable Accommodation of Employees with Cancer and their Right to Privacy in the Workplace EMAIL FREE FULL TEXT
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Charles Maimela
African Organic Product Standards for the African Continent? Prospects and Limitations EMAIL FREE FULL TEXT
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Odile Juliette Lim Tung
Preserving the Integrity of Medical-Related Information – How "Informed" is Consent? EMAIL FREE FULL TEXT
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Mzukisi Niven Njotini
The Protection of Children's Right to Self-Determination in South African Law with Specific Reference to Medical Treatment and Operations EMAIL FREE FULL TEXT
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Hanneretha Kruger
An Appraisal of the Functioning and Effectiveness of the East African Court of Justice EMAIL FREE FULL TEXT
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Ally Possi
A Duty of Support for All South African Unmarried Intimate Partners Part 2: Developing Customary and Common Law and Circumventing the Volks Judgment EMAIL FREE FULL TEXT
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Elsje Bonthuys
The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective EMAIL FREE FULL TEXT
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Tungamirai Kujinga, Stefan van Eck
Monkey Selfie and Authorship in Copyright Law: The Nigerian and South African Perspectives EMAIL FREE FULL TEXT
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Caroline B. Ncube, Desmond O. Oriakhogba
New Developments in International Investment Law: A Need for a Multilateral Investment Treaty? EMAIL FREE FULL TEXT
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Malebakeng Agnes Forere
Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights EMAIL FREE FULL TEXT
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Jan-Harm de Villiers
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1) EMAIL FREE FULL TEXT
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Andre M Louw
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2) EMAIL FREE FULL TEXT
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Andre M Louw
"The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 3) EMAIL FREE FULL TEXT
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Andre M. Louw
Delivery of the Compulsory Section 129(1) Notice as required by the National Credit Act of 2005 EMAIL FREE FULL TEXT
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S. Govender, M. Kelly-Louw
Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People EMAIL FREE FULL TEXT
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Henk Botha
The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege? EMAIL FREE FULL TEXT
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PR Msaule
"Violence" in Sport and the Violenti non fit Iniuria Defence: A Perspective on the Death of the Cricket Player Phil Hughes EMAIL FREE FULL TEXT
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Pieter Labuschagne
Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration EMAIL FREE FULL TEXT
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Charnelle van der Bijl
Attacks on the Judiciary: Undercurrents of a Political versus Legal Constitutionalism Dilemma? EMAIL FREE FULL TEXT
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Herbert Kawadza
Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable? EMAIL FREE FULL TEXT
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Jackie Dugard
Integration of the Bride as a Requirement for a Valid Customary Marriage: Mkabe v Minister of Home Affairs[2016] ZAGPPHC 460 EMAIL FREE FULL TEXT
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Pieter Bakker
Disposing of Bodies, Semantically: Notes on the Meaning of "Disposal" in S v Molefe EMAIL FREE FULL TEXT
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Terrence R. Carney
Some Drastic Measures to Close a Loophole: The Case of Pienaar Brothers (PTY) LTD v Commissioner for the South African Revenue Services(87760/2014) [2017] ZAGPPHC 231 (29 May 2017) and the Targeted Retroactive Amendment of Section 44...... EMAIL FREE FULL TEXT
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Liezel Tredoux, SP van Zyl
Sounding the Alarm: Government of the Republic of Namibia v LM and Women's Rights during Childbirth in South Africa EMAIL FREE FULL TEXT
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Camilla Pickles
The Constitutionalisation of the Test for Statutory Illegality in South African Contract Law: Cool Ideas v Hubbard 2014 4 SA 474 (CC) EMAIL FREE FULL TEXT
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Odwa Golela
A Duty of Support for All South African Unmarried Intimate Partners Part I: The Limits of the Cohabitation and Marriage Based Models EMAIL FREE FULL TEXT
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Elsje Bonthuys
Book Review: Moosa IA Publish or Perish. Perceived Benefits versus Unintended Consequences (2018 Edward Elgar Publishing UK) ISBN: 978 1 78643 492 0 EMAIL FREE FULL TEXT
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Marita Carnelley
Book Review: Frankenberg G Comparative Constitutional Studies – Between Magic and Deceit (2018 Edward Elgar Publishing UK) ISBN 978 1 78254 897 3 & 978 1 78254 898 0 (eBook) EMAIL FREE FULL TEXT
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Francois Venter


ISSN: 1727-3781
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