Search Results - "Potchefstroom electronic law journal"

Linking the Right to Electricity as a Contractual, Derivative and Human Right through the Undisclosed Principal Agency Law by Senokoane, Reamohetswe Portia

“…The South African Constitution in its Bill of Rights does not explicitly detail a human right to electricity, as with other socio-economic rights. This,…”
Get full text

Cross-Border Data Flows and the Protection of Personal Information Act 4 of 2013 – Part I: The Territorial Scope Provision by Coetzee, Juana

“…The Protection of Personal Information Act 4 of 2013 (POPIA) was introduced to protect the right to privacy of the South African data subject. The Act…”
Get full text

Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005 by Singh, Ciresh

“…The outbreak of the Coronavirus pandemic in South Africa prompted many local companies to consider new ways of conducting business without compromising the…”
Get full text

Cross-Border Data Flows and the Protection of Personal Information Act 4 of 2013 – Part II: The Data Transfer Provision by Coetzee, Juana

“…The Protection of Personal Information Act 4 of 2013 (POPIA) was introduced to protect the right to privacy of the South African data subject. The Act…”
Get full text

Historical Aspects of the Cooperation and Collaboration Between the South African Reserve Bank and Other Role Players by Chitimira, Howard, Munedzi, Sharon

“…Prior to the enactment of the Financial Sector Regulation Act (FSR Act), the regulation of cooperation and collaboration between the South African Reserve Bank…”
Get full text

An Exploration of Selected Anti-Money Laundering Role-Players in Zimbabwe by Chitimira, Howard, Torerai, Elfas, Jana, Vimbai

“…Although Zimbabwe has established several institutions to combat money laundering and related crimes, there is a perception that inadequate measures are taken…”
Get full text

How Have the Courts Decided What De Minimis is in Tax Law? by De Lange, Silke, Malan, Monique Tessa

“…This article analyses how South African courts have decided the applicability of the de minimis non curat lex maxim and, more broadly, considered the de…”
Get full text

A Snapshot of the Constitutional Court's Docket – January to July 2024 by Ally, Nurina

“…Most commentary on the Constitutional Court focuses on its published judgments. Yet the vast majority of applications made to the Court are disposed of in…”
Get full text

Restorative Justice as an Alternative Response to Student Academic Dishonesty in South African Higher Education Institutions by Mokomane, Reliance Bongani

“…Academic dishonesty among students is a persistent problem in higher education institutions throughout the world, including in South Africa. The traditional…”
Get full text

Noting the Impact of Lockdown Co-Parenting Regulations on the Wellbeing of Children in South Africa by Singh, Annette, Msuya, Norah Hashim

“…The South African government introduced a strict lockdown and related legislation in reaction to the COVID-19 epidemic. During lockdown, the movement of…”
Get full text

The Legal Implications of Sithole v Sithole 2021 5 SA 34 (CC) on African Spouses in Old Civil Marriages by Sibisi, Siyabonga

“…In Sithole v Sithole 2021 5 SA 34 (CC) the Constitutional Court held that the differentiation in the default matrimonial property regime between spouses in…”
Get full text

HiveLaw: Propelling the Nelson Mandela University Law Clinic into the Future: A Consideration of Technology's Integral Role in Modern Legal Service Delivery and the Consequences for Legal Education by Welgemoed, Marc, Coetzee, Lindi, Beerman, Retha, Van Vuuren, Elbi

“…The effective training of law students, which demystifies technology, and the creation of cost effective, fit for purpose technology solutions are crucial to…”
Get full text

Rebooting State-Owned Companies in South Africa: Exploring the Viability of Singapore's State Holding Company (Temasek) Model of Ownership and Control by Thabane, Tebello

“…  This paper joins the growing discourse in search of a responsive governance model for state-owned companies (SOCs) in South Africa capable of engendering…”
Get full text

The Identity of the Beneficiary or Presenter Calling for Payment under Demand Guarantees: A Purposive Approach by Chivizhe, Tinaye

“…In practice issues may arise when a party other than the designated beneficiary makes a call for payment, leading to a non-conforming demand. This has…”
Get full text

To Bequeath or not to Bequeath? A South African Law Analysis of the "Problematic Areas" Found in the Islamic Law of Intestate Succession by Sungay, Mohamed

“…The fairness of the Islamic Law of compulsory succession remains a heavily contested issue all over the world. Frequently debated topics, referred to in this…”
Get full text

Excluding Life and Insurance Benefits from Insolvent Estates: A Comparative Study of South Africa, England and Wales, and the United States of America by Mabe, Zingapi, Mbiriri, Edith

“…In South Africa, two principles apply to the exclusion of certain assets from an insolvent estate. First is the common-law principle that even the desperate…”
Get full text

A Tax Deduction for Home Office Expenditure: The Interpretation of and Proposed Removal of the Exclusive-Use Requirement in Section 23(b) of the Income Tax Act by Claassen, Petra

“…Hybrid and remote working opportunities have become more prevalent, leading to an increase in attempts to claim income tax deductions for home office…”
Get full text

Shareholder Loans: Fact or Fiction by Stevens, Richard Arno, Steyn, Liline

“…Shareholder loans are often used as an alternative to traditional third-party loans or equity especially for private companies in various jurisdictions,…”
Get full text

Structural Interdictics for Environmental Rights Violations? South African Human Rights Commission v Msunduzi Local Municipality (8407/2020P) [2021] ZAKZPHC 35 (17 June 2021) by Sekwakwa, Ledile

“…The environmental right, as provided in section 24 of the Constitution of the Republic of South Africa, 1996 (Constitution), read with section 7(2), places a…”
Get full text

The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development by Fobosi, Siyabulela Christopher

“…The 1986 United Nations Declaration on the Right to Development (DRTD) presents a multifaceted framework that blends political aspirations with principles from…”
Get full text