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Volume 17 Number 3 Year 2014

12 articles in this issue 

Christa Rautenbach

The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an eq... see more

Pags. 1 - 1  

SA De Freitas

Jurisprudentially speaking, "proselytism" is a concept within the larger genus of the protection of religious rights and freedoms. The word lends itself to differing opinions. However, there is a popular school of thought that "proselytism" has to do only... see more

Pags. 868 - 887  

Yvette Joubert, Juanitta Calitz

This article analyses the role of the so-called private examinations in our South African insolvency law and deals with the question of whether or not section 417 of the Insolvency Act (Act 24 of 1936) is adequately and effectively framed in order to fulf... see more

Pags. 888 - 935  

Howard Chitimira

In an early attempt to combat market abuse in the South African financial markets, legislation such as the Companies Act, the Financial Markets Control Act and the Stock Exchanges Control Act were enacted. However, these Acts failed to effectively curb ma... see more

Pags. 936 - 971  

Juanita Jamneck

In recent years many developments have taken place in the field of the law of succession. Du Toit aptly states that "despite the static image that the law of succession often projects, it is a vibrant area of the law that has undergone dramatic changes in... see more

Pags. 972 - 997  

Dr Shannon Bosch

The phrase "direct participation in hostilities" has a very specific meaning in international humanitarian law (IHL). Those individuals who are clothed with combatant status are authorised to participate directly in hostilities without fear of prosecution... see more

Pags. 998 - 1046  

Vinesh Basdeo

The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the ... see more

Pags. 1047 - 1069  

Eddie Hurter, Tana Pistorious

The new gTLD programme of the Internet Corporation for Assigned Names and Numbers (ICANN) is the single most important development since the privatisation of the DNS in 1998. The management of the Domain Name System (DNS) has developed from a modest under... see more

Pags. 1070 - 1108  

Geo Quinot

The quality of the goods or services that government procures is obviously a very important consideration in deciding which supplier should be awarded a particular public tender. It follows that in the regulation of public procurement, particular attentio... see more

Pags. 1109 - 1136  

Thino Bekker

As far back as the early twentieth century the Appellate Division in Cassiem v Standard Bank of SA Ltd, held that:“We are bound by the English rules of evidence and the question has therefore to be decided according to English law, the rule being that par... see more

Pags. 1137 - 1165  

Yeukai Mupangavanhu

Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom of contract is theoretical and coul... see more

Pags. 1166 - 1194  

Martha Keneilwe Radebe

This contribution aims to point out valuable lessons from the shortcomings of the Judicial Service Commission as highlighted in the case of The Cape Bar Council v The Judicial Service Commission.  The case involved the failure by the Judicial Service... see more

Pags. 1196 - 1205