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ISSN:    frecuency : 4   format : Electrónica

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Volume 16 Number 4 Year 2013

15 articles in this issue 

Christa Rautenbach

This edition of PER consists of eight articles, four notes and two book reviews covering a range of topics. The first article is by Oliver Fuo, a postgraduate student of the North-West University (Potchefstroom Campus). His contribution deals with the sta... see more

Pags. 1 - 1  

Oliver Njuh Fuo

 Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically reflect on the status and poss... see more

Pags. 1 - 44  

IM Rautenbach

The purpose of this article is to contribute data for the purposes of debates on how effectively the Constitutional Court performed its functions between 1995 and 2012. The cut-off date of 31 December 2012 has no other significance than that it was the la... see more

Pags. 45 - 93  

Magda Slabbert, Hendrik Pienaar

Many medical practitioners in private practice use a locum tenens when they themselves are not available to practice. The locums are often appointed without consideration of the legal consequences or requirements. Legislation distinguishes between an empl... see more

Pags. 94 - 123  

Carika Keulder

The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended pending an objection or an ap... see more

Pags. 124 - 158  

J C Knobel

This contribution is an introductory survey and preliminary evaluation of the conservation status of eagles in South African law. The methodology is primarily an interdisciplinary literature study of legal texts and texts from the natural sciences. Eagles... see more

Pags. 179 - 230  

Laurence Juma, James Tsabora

This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006. ... see more

Pags. 231 - 283  

Johan Kruger, Clarence Itumeleng Tshoose

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation... see more

Pags. 284 - 326  

Dave Holness

In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which motivate which the establishment... see more

Pags. 327 - 349  

Pieter du Toit, Gerrit Ferreira

The Dangerous Weapons Act 15 of 2013 provides for certain prohibitions and restrictions in respect of the possession of a dangerous weapon and it repeals the Dangerous Weapons Act 71 of 1968 as well as the different Dangerous Weapons Acts in operation in ... see more

Pags. 350 - 367  

Caroline Bongiwe Ncube

 This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP policy and legislation might ... see more

Pags. 368 - 395  

Koboro J Selala

Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no abs... see more

Pags. 396 - 420  

Reghard Brits

 The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to declare section 89(5)(c) of the National Credit Act unconstitutional. Therefore, the forfeiture to the state of an ... see more

Pags. 421 - 471  

Alexander Paterson

At the tenth Convention on Biological Diversity (CBD) Conference of the Parties (COP) held in Nagoya 2010, the parties agreed that they would by 2020 enhance 'ecosystem resilience and the contribution of biodiversity to carbon stocks …, through conservati... see more

Pags. 472 - 477  

Christa Rautenbach

This contribution reviews the contents of the 17 chapters that make up the bulk of the book Managing Family Justice in Diverse Societies recently published by Hart Publishing in the Oñati International Series in Law and Society.  

Pags. 478 - 487