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Volume 16 Number 1 Year 2013

17 articles in this issue 

Christa Rautenbach

The first issue of 2013 contains fifteen contributions dealing with a potpourri of themes. The first contribution is an oratio presented by the retired Dean of the Faculty of Law of the NWU and former editor of PER, Francois Venter, during his exodus in O... see more

Pags. 0 - 0  

Francois Venter

There is an obvious conceptual link between the words "professor" and "profession". May one however assume that being a professor entails belonging to a profession, an academic profession? One may have various motives for entering into and staying in... see more

Pags. 01 - 11  

Babatunde Fagbayibo

Ever since the colonial era, attempts have been made throughout the various regions of Africa at building supranational units chiefly for administrative and legal convenience. Examples of such attempts include the Federation of Rhodesia and Nyasaland, the... see more

Pags. 31 - 69  

Samantha Goosen

Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most notably the establishment of the... see more

Pags. 70 - 127  

Dave Holness

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters.  In this regard there have been and continue to be considerable gaps between the proper access to ci... see more

Pags. 128 - 164  

Henk J Kloppers

The corporate social responsibility (CSR) movement can be described as a bundle of trends comprising regulatory frameworks aimed at improving corporate practices and leading to changes in these practices, the mobilisation of corporate role players to supp... see more

Pags. 165 - 199  

Andra Le Roux-Kemp

The systemic consequences of the HIV/AIDS pandemic in South Africa are evident not only in demographic, economic and social trends, but also on a micro- and personal level, where they are devastating. Those infected with HIV are often the target of intens... see more

Pags. 200 - 239  

Chuks Okpaluba

The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that... see more

Pags. 240 - 279  

J Loot Pretorius

A full sixteen years after the coming into force of the 1996 Constitution, Parliament responded to the constitutional obligation to regulate and monitor, by legislative and other means, the use of official languages by adopting the Use of Official Languag... see more

Pags. 280 - 319  

Stephan S Terblanche

In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from... see more

Pags. 320 - 350  

Bonnie Venter

There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this art... see more

Pags. 351 - 403  

Nqobizwe Mvelo Ngema

Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary marriage). These communities may be ... see more

Pags. 404 - 425  

Phazha Jimmy Ngandwe

The "paradox of migration and the interests of the atomistic nation-states" interrogates the phenomenon of migration in general and in the Southern African Development Community in particular. The point of departure of the paper is the African Union and t... see more

Pags. 426 - 449  

Mzukisi Niven Njotini

South Africa has made great strides towards protecting critical information infrastructures (CIIs). For example, South Africa recognises the significance of safeguarding places or areas that are essential to the national security of South Africa or the ec... see more

Pags. 450 - 481  

Anthea Natalie Wagener

Insurers use actuarial statistics as rating variables to differentiate and distinguish for the purposes of risk classification. They justify their use of actuarial statistics due to its accuracy as a predictor of risk. South African motor-vehicle insurers... see more

Pags. 482 - 504  

Anri Botes

Labour hire, the practice of hiring out employees to clients by a labour broker, has been a part of Namibia’s history since the early 1900s in the form of the contract labour system. This form of employment was characterized by inhumanity and unfair labou... see more

Pags. 505 - 536