2024-03-29T09:03:30Z
https://perjournal.co.za/oai
oai:journals.assaf.org.za:article/603
2019-02-28T08:52:31Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/603
2019-02-28T08:52:31Z
Faculty of Law, North-West University, South Africa
Vol. 18 No. 4 (2015); 774-781
The Life and Times of a Learned Jackal for Justice
Invited Presentation
Du Plessis, L
2015-06-12
url:https://perjournal.co.za/article/view/603
en_US
Noscitur a sociis. You are known by the company you keep. Aan jou vriende word jy geken.
If this saying holds, my friends, then I, your guest of honour at this auspicious occasion, am a human being beyond compare, and perhaps even a semblance of the laureate so profusely showered with your praises today. However, acceding to honest introspection, I fully reckon with the possibility that the proverb may be amiss and at any rate not applicable to me. But let me first speak the following words in bold before I say anything more: “My friends, thank you, simply but sincerely, for your unfaltering camaraderie through the years, as together we negotiated the labyrinth that is académe; for your enthusiasm to walk many an extra mile with me and, in sum, for your amicable and caring involvement in the fulfilment of what to me has been a thoroughly gratifying career (so far).
oai:journals.assaf.org.za:article/1477
2019-04-26T06:41:26Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/1477
2019-04-26T06:41:26Z
Faculty of Law, North-West University, South Africa
Vol. 19 (2016); 1-13
"Brexit": A Constitutional, Diplomatic and Democratic Crisis. A View from the Trenches
Invited Presentation
French, Duncan; University of Lincoln
2017-05-17
url:https://perjournal.co.za/article/view/1477
Brexit
referendum
European Union
constitutional law
international law
en_US
A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave.
oai:journals.assaf.org.za:article/2188
2019-02-28T08:49:37Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2188
2019-02-28T08:49:37Z
Faculty of Law, North-West University, South Africa
Vol 17, No 2 (2014); 831-866
The 2011 Green Paper on Land Reform: Opportunities and Challenges - The National African Farmers Union (NAFU SA)
Invited Presentation
Matlala, Motsepe; The National African Farmers' Union
2017-04-21
url:https://perjournal.co.za/article/view/2188
en_US
The National African Farmers' Union (NAFU SA) was established in 1991 with the aim of creating a "home" for thousands of black farmers who had previously been excluded from mainstream agriculture. At the time of its formation there was no farmer organisation operating at national level in South Africa.
oai:journals.assaf.org.za:article/2299
2019-02-28T08:47:13Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2299
2019-02-28T08:47:13Z
Faculty of Law, North-West University, South Africa
Vol. 16 No. 1 (2013); 01-11
The Academia as Profession
Invited Presentation
Venter, Francois; North-West University(Potchefstroom Campus)
2017-04-26
url:https://perjournal.co.za/article/view/2299
en_US
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 the academy, eg the advantage of progression one the basis of one's own, independent efforts, earning a good salary and following one's calling to expend the energy and abilities one receives in life sensibly. Professors are expected to be (at least) adequate teachers; they are required to have and maintain specialised knowledge of their field and to generate new knowledge by means of the production and dissemination of original research results. Insofar as professions are characterised by their members having specialised knowledge or skills, performing specialised services, are bound by ethical codes and holding an acknowledged social status often expressed in titles, there should therefore not be any doubt as to the existence of an academic profession distinct from other professions (especially those related to the field of scholarship concerned). Practising academics should work towards the active acknowledgment by all of the professionalism of the professorial institution.
oai:journals.assaf.org.za:article/2300
2019-02-28T08:47:13Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2300
2019-02-28T08:47:13Z
Faculty of Law, North-West University, South Africa
Vol. 16 No. 1 (2013); 12-30
Constitutional Socio-Economic Rights and International Law: "You are not Alone"
Invited Presentation
Stein, Torsten; Saartland University
2017-04-26
url:https://perjournal.co.za/article/view/2300
en_US
oai:journals.assaf.org.za:article/2341
2019-02-28T08:47:36Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2341
2019-02-28T08:47:36Z
Faculty of Law, North-West University, South Africa
Vol. 16 No. 2 (2013): Special Edition; 1-5
Payment for Ecosystem Services
Invited Presentation
Benjamin, Antonio Herman; University of Illionios
2017-05-03
url:https://perjournal.co.za/article/view/2341
Payment for Ecosystem Services (PES)
Brasilia
legal framework for payment for ecosystem services
en_US
This address focuses on the legislative design for payment or ecosystem services (PES) since most countries do not have specific legislation that addresses the subject. Brazil is in the process of drafting national legislation on ecosystem services and there are several important issues that can be learnt from this experience.
oai:journals.assaf.org.za:article/2351
2019-10-02T07:16:13Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2351
2019-10-02T07:16:13Z
Faculty of Law, North-West University, South Africa
Vol. 16 No. 3 (2013); 1-21
Oratio: Address to Commemorate the 2013 Martin Luther King Day at the Law Faculty, University of Michigan
Invited Presentation
Govender, Karthy; University of KwaZulu-Natal
2017-05-03
url:https://perjournal.co.za/article/view/2351
Martin Luther King
Mahatma Gandhi
Nelson Mandela
en_US
The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are high mimetic figures who inspire us to be better. Their legacy and memory operate as a yardstick by which we can evaluate the conduct of those exercising public and private power over us. Each remains dominant in his respective society decades after passing on or leaving public life, and the paper suggests that very little societal value is had by deconstructing their lives and judging facets of their lives through the prism of latter day morality. We gain more by leaving their high mimetic status undisturbed.
There is a clear link between their various struggles with King being heavily influenced by the writings and thinking of Gandhi, who commenced his career as a liberation activist in South Africa. King was instrumental in commencing the discourse on economic sanctions to force the Apartheid government to change and the Indian government had a long and committed relationship with the ANC.
The second half of the paper turns to an analysis of how Dr King's legacy impacted directly and indirectly on developments in South Africa. One of the key objectives of the Civil Rights movement in the USA was to attain substantive equality and to improve the quality of life of all. The paper then turns to assessing the extent to which democratic South Africa has achieved these objectives and concludes that the picture is mixed. Important pioneering changes such as enabling gays and lesbians to marry have taught important lessons about taking rights seriously. However, despite important advancements, neither poverty nor inequality has been appreciably reduced. One of the major failures has been the inability to provide appropriate, effective and relevant education to African children in public schools. Effectively educating previously disadvantaged persons represents one of the few means at our disposal of reducing inequality and breaking the cycle of poverty. Fortunately, there is a general awareness in the country that something needs to be done about this crisis urgently. The paper notes comments by President Zuma that the level of wealth in white households is six times that of black households. The critique is that comments of this nature do not demonstrate an acknowledgment by the ANC that, after 19 years in power, they must also accept responsibility for statistics such as this.
oai:journals.assaf.org.za:article/2352
2020-04-30T20:31:33Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2352
2020-04-30T20:31:33Z
Faculty of Law, North-West University, South Africa
Vol. 16 No. 3 (2013); 22-34
Oratio: A Non-Lawyer's Views on the Revised White Paper on Arts, Culture and Heritage of 2013
Invited Presentation
van Graan, Mike; University of Cape Town
2017-05-03
url:https://perjournal.co.za/article/view/2352
Culture heritage
Arts and culture
en_US
The South African Department of Arts and Culture (DAC) recently published for comments a Revised White Paper on Arts, Culture and Heritage (the White Paper) dated 4 June 2013.[1] The White Paper contains a new vision of arts and culture and is intended to replace the existing White Paper on Arts, Culture and Heritage dated 4 June 1996 (the 1996 White Paper).[2] The publication of a revised white paper on cultural matters after 17 years is definitely not unwelcome but in this case a number of issues which need to be raised come to the fore.
Department of Arts and Culture 2013 http://www.bit.ly/1aLmfy7. The comments were due by 25 July 2013.
The author was involved in the drafting of the 1996 White Paper (Department of Arts and Culture 1996 http://www.dac.gov.za/content/white-paper-arts-culture-and-heritage).
oai:journals.assaf.org.za:article/2454
2019-02-28T08:45:22Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2454
2019-02-28T08:45:22Z
Faculty of Law, North-West University, South Africa
Vol. 15 No. 1 (2012); 1-22
Culture, Tradition, Custom, Law and Gender Equality
Invited Presentation
Maluleke, Mikateko Joyce; North West University(Potchefstroom Campus)
2017-05-22
url:https://perjournal.co.za/article/view/2454
en_US
Traditional cultural practices reflect the values and beliefs held by members of a community for periods often spanning generations. Every social grouping in the world has specific traditional cultural practices and beliefs, some of which are beneficial to all members, while others have become harmful to a specific group, such as women. These harmful traditional practices include early and forced marriages (Ukuthwala as practised currently), virginity testing, widow's rituals, 'u ku ngena' (levirate and sororate unions[1]), female genital mutilation[2] (FGM), breast sweeping/ironing, the primogeniture rule, practices such as 'cleansing' after male circumcision, and witch-hunting.
[1] Levirate unions occur when the deceased's surviving male relative inherits the widow of the deceased. Sororate unions occur where the widower is inherited by the deceased wife's surviving female relative. The inherited widow or widower becomes the wife or husband to the surviving relative of the deceased.
[2] FGM is not just the cutting of the clitoris; it includes disfigurement, and the changing of the form or elongation of the labia as practiced by Tsonga and Sotho communities.
oai:journals.assaf.org.za:article/2475
2019-02-28T08:45:49Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2475
2019-02-28T08:45:49Z
Faculty of Law, North-West University, South Africa
Vol. 15 No. 2 (2012); 1-19
Die rol van en beperkings op die regbank om sosiale vrede in Suid-Afrika te bevorder
Invited Presentation
Bertelsmann, Eberhard; Hooggeregshof, Noord-Gauteng
2017-05-25
url:https://perjournal.co.za/article/view/2475
Judiciary
social justice
court administration
professional ethics
democracy
en_US
Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012. He dealt with the role of and limitations on the judiciary to promote social peace in South Africa, pointing out the achievements of the courts in the establishment of the constitutional dispensation over the past decades. He however also showed that the courts are over-burdened and that court administration leaves much to be desired. Litigants and practitioners do not hesitate to abuse the system and ugly incidents of unethical conduct have marred the professions. Judges however do not take these trends lying down and measures to rectify the situation are well underway. Fair, understandable, predictable and speedy adjudication without fear, favour or prejudice continues to be the contribution of judges to the protection of the South African democracy.
oai:journals.assaf.org.za:article/2477
2019-02-28T08:45:49Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2477
2019-02-28T08:45:49Z
Faculty of Law, North-West University, South Africa
Vol. 15 No. 2 (2012); 20-31
Law and language in a multilingual society
Invited Presentation
Harms, Louis; University of Pretoria
2017-05-25
url:https://perjournal.co.za/article/view/2477
en_US
Terence McKenna, in Wild Ducks Flying Backwards, said that he did not believe that the world is made of quarks or electro-magnetic waves, or stars, or planets, or of any such things. ’I believe’ he said, ‘the world is made of language.’ It would have been more correct to have said that the world is made of languages, many of them.
oai:journals.assaf.org.za:article/2478
2019-02-28T08:45:49Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2478
2019-02-28T08:45:49Z
Faculty of Law, North-West University, South Africa
Vol. 15 No. 2 (2012); 32-68
Can decentralisation contribute to promoting rule-of-law structures? The Democratic Republic of Congo, Rwanda and Burundi as examples
Invited Presentation
Hamann, Hartmut; Freie Universität Berlin and Technische Universität Chemnitz
2017-05-25
url:https://perjournal.co.za/article/view/2478
Congo
Rwanda
Burundi
decentralisation
rule of law
international law
regional integration
en_US
Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing to hand over some of the power. Together these two factors can foster rule-of-law structures.
This paper describes the constitutional and administrative framework for decentralisation in DR Congo, Rwanda and Burundi. It also explores the actual situation in those countries with reference to legal literature from those countries.
In addition, it raises questions regarding the effect of instruments of international law on the decentralisation processes (international organisations, regional integration and international cooperation).
oai:journals.assaf.org.za:article/2479
2019-02-28T08:45:49Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2479
2019-02-28T08:45:49Z
Faculty of Law, North-West University, South Africa
Vol. 15 No. 2 (2012); 69-88
Decentralisation in Africa: A critical review of Uganda's experience
Invited Presentation
Ojambo, Henry; University of Toronto
2017-05-25
url:https://perjournal.co.za/article/view/2479
Uganda
decentralisation
democratic governance
government resources
planning
en_US
Since the rise to power of the Movement government under the leadership of Yoweri Museveni in 1986, Uganda has largely been show-cased as an emerging democracy on the continent. Among other things, Museveni's regime has been acclaimed for the restoration of periodic national elections, the making of the Constitution and the overall promotion of democratic governance, most especially through the adoption of a decentralised system with a commendable institutional and legal framework. Decentralisation is believed to promote service delivery at the local level, accountability for government resources by local leaders, and the involvement of the masses in local planning and the implementation of government programmes. It is now over twenty years since decentralisation was adopted as a system of government but the quality of service delivery and the accountability for government resources at the local level remains just as deplorable as the extent to which the masses are involved in the planning and implementation of government programmes in their localities. This paper examines the challenges that inhibit the realisation of the noble objectives of decentralisation, notwithstanding the apparently impressive institutional and legal framework.
oai:journals.assaf.org.za:article/2480
2019-02-28T08:45:49Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2480
2019-02-28T08:45:49Z
Faculty of Law, North-West University, South Africa
Vol. 15 No. 2 (2012); 89-117
The Implications of federalism and decentralisation on socio-economic conditions in Ethiopia
Invited Presentation
Zimmermann-Steinhart, Petra; Federation of the Federal Democratic Republic of Ethiopia
Bekele, Yakob; Federation of the Federal Democratic Republic of Ethiopia
2017-05-25
url:https://perjournal.co.za/article/view/2480
Ethiopia
federalism
decentralisation
woredas
development policy
equity
en_US
This paper analyses impacts of the federal system and the decentralisation of functions to the district level on Ethiopia's socio-economic development. Firstly we will highlight the principles of the Ethiopian federal system as well as those of the 2001/2002 decentralisation process. Secondly we will show how the decentralisation has impacted on two of the decentralised sectors, health and education, by comparing pre-federal, pre- and post-decentralisation data.In both cases an overall increase in allocated budgets and an increase in the scale of the services offered since decentralisation started in 2001 has been found. Studies also show that the increase in services is not homogenous across regional states. Within the four larger regions, strongly disadvantaged woredas at the outset of the decentralisation process have profited most, which shows that the constitutional imperative of equal access to services is being implemented. Some of the regions where decentralisation was started later have still not caught up with the other regions, a phenomenon which is mostly due to capacity deficits.The article concludes that decentralisation in combination with consistent development policies has led to an overall improvement in service delivery, while some challenges regarding quality and equity still need to be addressed.
oai:journals.assaf.org.za:article/2516
2019-02-28T08:46:45Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2516
2019-02-28T08:46:45Z
Faculty of Law, North-West University, South Africa
Vol. 15 No. 5 (2012); 1-14
The Relationship between Courts and the Other Arms of Government in Promoting and Protecting Socio-economic Rights in South Africa: What About Separation of Powers?
Invited Presentation
Davis, Justice Denis; University of Cape Town
2017-06-01
url:https://perjournal.co.za/article/view/2516
en_US
The model of constitutional democracy which is envisaged in the 1996 text of the Constitution of the Republic of South Africa (the Constitution) has been described as promoting 'a thick' conception of democracy. It is concerned with the empowerment of all citizens to participate in decisions that are crucial to the outcome of their life choices. At its most basic promise, the Constitution promotes a model of participatory democracy, by creating a series of representative institutions and enabling participation in decision making, both inside and outside of these institutions. Expressed differently, the Constitution promotes both participation through regular elections and enshrines a principle of accountability in terms of which government can be held accountable for particular aspects of its policy, particularly those which fail to pass constitutional muster. That leads to the second component of the model which introduces a substantive set of guarantees to ensure participation. The idea is that various institutions of State should work to promote and to vindicate basis democratic principles which are directed to accountable control of decision making and substantive political equality between citizens.
oai:journals.assaf.org.za:article/2573
2019-10-15T09:40:52Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2573
2019-10-15T09:40:52Z
Faculty of Law, North-West University, South Africa
Vol. 14 No. 3 (2011); 4-23
Opening address at the Colloquium ‘Good Governance in Land Tenure’ held at Potchefstroom on 22 and 23 April 2010: Land Tenure and Good Governance from the perspective of International Law.
Invited Presentation
Marauhn, Thilo; University of Giessen
2017-06-09
url:https://perjournal.co.za/article/view/2573
en_US
Addressing land tenure from the perspective of international law is challenging, not least because there are hardly any legally binding international instruments which explicitly address the issue.
oai:journals.assaf.org.za:article/2594
2019-10-17T13:37:51Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2594
2019-10-17T13:37:51Z
Faculty of Law, North-West University, South Africa
Vol. 14 No. 4 (2011); 2-28
The Right to Self-Determination of Cultural, Religious and Linguistic Communities in South Africa
Invited Presentation
van der Vyver, JD; University of Pretoria
2017-06-08
url:https://perjournal.co.za/article/view/2594
en_US
The South African nation comprises perhaps the most diverse plural composition in the entire world and is furthermore known for the polarization of factions of the population.[1] This raises the question how to bring about and to maintain the peaceful co-existence of the cultural, religious and linguistic varieties within its fold. Several models to cope with group-related tensions within a political community have been put to the test in different countries of our troublesome times. Nepal is a most recent case in point.* JD van der Vyver. BComm, LLB, Honns BA (PU for CHE) LLD (Pret). IT Cohen Professor of International Law and Human Rights, Emory University School of Law; Extraordinary Professor in the Department of Private Law, University of Pretoria (JVAND02@emory.edu).[1] See S v Makwanyane 1995 3 SA 391 (CC) para 308 (Mokgoro J referring to South Africans having "a history of deep division characterised by strife and conflict"); Du Toit v Minister for Safety and Security 2009 6 SA 128 (CC) para 17 (Lange CJ stating: "The South African nation was for decades a deeply divided society characterised by gross violations of fundamental human rights").
oai:journals.assaf.org.za:article/2595
2019-10-18T07:15:49Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2595
2019-10-18T07:15:49Z
Faculty of Law, North-West University, South Africa
Vol. 14 No. 5 (2011); 1-7
Demystification of the Inquisitorial System
Invited Presentation
Harms, LTC; North West University(Potchefstroom Campus)
2017-06-08
url:https://perjournal.co.za/article/view/2595
justice
criminal procedure
inquisitorial and accusatorial systems
international criminal courts
en_US
Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Procedure Act requires a revamp. Lessons can be learnt from the inquisitorial systems but local lawyers have preconceived ideas, based on ignorance, about those systems. It would be useful to consider the successful convergence of the accusatorial and inquisatorial systems attained in the rules of international criminal courts for local application.
oai:journals.assaf.org.za:article/2611
2019-10-15T09:51:58Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2611
2019-10-15T09:51:58Z
Faculty of Law, North-West University, South Africa
Vol. 14 No. 3 (2011); 24-28
Response to Prof Thilo Marauhn's Opening Address on ’Land Tenure and Good Governance from the Perspective of International Law
Invited Presentation
Ferreira, Gerrit; North West University(Potchefstroom Campus)
2017-06-09
url:https://perjournal.co.za/article/view/2611
en_US
In an earlier judgment[1] on the right to education delivered by the South African Constitutional Court (the Constitutional Court), the principal focus was on the restriction of access to education through the implementation of the language policy of the school. Language, however, is only one barrier preventing access to education in South Africa. Learners countrywide are denied the right to basic education because of the levying of school fees and other educational charges.[2] This practice is prevalent in spite of the international obligation imposed on the South African government to provide free primary education. This article examines the exact nature of this obligation by exploring the concept of "free" basic education.
* Lorette Arendse, Lecturer, Department of Legal History, Coparative Law and Legal Philosophy University of Pretoria. E-mail: Lorette.arendse@up.ac.za
[1] Head of Department: Mpumalanga Department of Education v Hoërskool Ermelo 2010 2 SA 415 (CC).
[2] Centre for Applied Legal Studies and Social Surveys Africa National Survey.
oai:journals.assaf.org.za:article/2615
2019-10-21T07:45:30Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2615
2019-10-21T07:45:30Z
Faculty of Law, North-West University, South Africa
Vol. 14 No. 7 (2011); 1-12
Access to Education and Training: Pathway to Decent Work for Women
Invited Presentation
Moseneke, Dikgang; North West University(Potchefstroom Campus)
2017-06-09
url:https://perjournal.co.za/article/view/2615
en_US
Madam Justice BC Mocumie, President of the South African Chapter: International Association of Women Judges, fellow judges and other distinguished guests; it is a remarkable privilege to be part of this annual general conference of the South African Chapter of the International Association of Women Judges. I would like to thank you for your kind invitation to me to share this occasion with everybody here present.
oai:journals.assaf.org.za:article/2627
2019-10-22T08:40:30Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2627
2019-10-22T08:40:30Z
Faculty of Law, North-West University, South Africa
Vol. 13 No. 1 (2010); 1-25
Good Governance in the Hands of the Judiciary: Lessons from the European Example
Invited Presentation
von Danwitz, Thomas; North West University(Potchefstroom Campus)
2017-06-14
url:https://perjournal.co.za/article/view/2627
en_US
It is certainly well observed that the subject matter of good governance, by its mere terminology, constitutes a fairly recent evolution which has been, notably in the 1990’s, closely linked to the idea of giving a new impetus to development policy, in particular in Sub-Saharan Africa. The new terminology has received widespread interest which has made the political call for good governance a central feature of development policy[1] ever since it has been put on the international agenda by a World Bank study in 1989.[2] Despite a rising number of critics claiming this concept to be without any substance and asking whether it would be new after all,[3] the idea of good governance has flourished ever since and has certainly evolved into a transnational concept of political leadership, a real leitmotiv for a common approach to the way how our global village should be governed.[4] The incredible success story of the striving for good governance is, in my view, due to three cumulative aspects which certainly contributed a great deal to the general agreement that good governance is a concept without proper alternative: Firstly, the concept of good governance is self-evident. It needs nothing else but common sense[5] to be understood: Entrepreneurs will not invest in unstable countries and people, whether entrepreneurs or not, will not wish to live there, if they can afford to go elsewhere.[6] Secondly, the concept of good governance is sufficiently vague to absorb a great variety of political preferences as well as substantive differences. Its flexibility is most certainly the reason why it has met so little resistance and found so much support. And thirdly, it was issued at the right point in time when public opinion was profoundly marked by the experience of the revolutionary force of glasnost and the general inability of corrupt regimes around the world to meet today's challenges.[7]
oai:journals.assaf.org.za:article/2638
2019-10-24T09:53:52Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2638
2019-10-24T09:53:52Z
Faculty of Law, North-West University, South Africa
Vol. 13 No. 2 (2010); 1-13
A Future Perspective on Constitutional Stability
Invited Presentation
de Klerk, Frederik Willem; North West University
2017-06-15
url:https://perjournal.co.za/article/view/2638
en_US
The 2nd of February next year will be the twentieth anniversary of the beginning of the transformation process that led to the establishment of our present non-racial constitutional democracy. The previous year when I had addressed the National Party caucus after my unexpected election as leader of the party, I stressed the need to take a quantum leap to break out of the political and economic dead-end street in which we found ourselves. The overwhelming reaction was "jump FW, jump!".
oai:journals.assaf.org.za:article/2639
2019-10-24T10:10:25Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2639
2019-10-24T10:10:25Z
Faculty of Law, North-West University, South Africa
Vol. 13 No. 2 (2010); 14-28
'n Toekomstige Perspektief op Grondwetlike Stabiliteit
Invited Presentation
de Klerk, Frederik Willem; North West University
2017-06-15
url:https://perjournal.co.za/article/view/2639
en_US
van die proses van transformasie, wat gelei het tot die instelling van ons huidige nie-rassige grondwetlike demokrasie. Die vorige jaar, toe ek die koukus van die Nasionale Party toegespreek het ná my onverwagte verkiesing tot leier van die party, het ek klem gelê op die noodsaaklikheid om ʼn kwantumsprong te neem om weg te breek van die politieke en ekonomiese doodloopstraat waarin ons onsself bevind het. Die oorweldigende reaksie was "spring FW, spring!".
oai:journals.assaf.org.za:article/2650
2019-10-29T07:33:26Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2650
2019-10-29T07:33:26Z
Faculty of Law, North-West University, South Africa
Vol. 13 No. 3 (2010); 1-28
Restructuring of Insolvent Corporations in Canada
Invited Presentation
Krüger, Josef GA; North West University(Potchefstroom Campus)
2017-06-19
url:https://perjournal.co.za/article/view/2650
en_US
This paper gives a very general outline of the formal restructuring of insolvent corporations in Canada. For a South African audience, it is important to understand that in Canada a distinction is made between an "insolvent person" and a "bankrupt". A "bankrupt" means a person who has made an assignment into bankruptcy (voluntarily), or against whom a bankruptcy order has been made. An "insolvent person" means a person who is not bankrupt and who resides, carries on business or has property in Canada, whose liabilities to creditors amount to $1 000, and who is for any reason unable to meet his obligations as they generally become due, or who has ceased to pay his current obligations in the ordinary course of business as they generally become due, or the aggregate of whose property is not, at a fair valuation, sufficient, or, if disposed of at a fairly conducted sale under legal process would not be sufficient to enable payment of all his obligations, due and accruing due. An "insolvent person" in Canada may avoid bankruptcy by resorting to restructuring processes created by statute. The fact that a person becomes insolvent does not necessarily spell bankruptcy. Canadians are fortunate to have access to bankruptcy courts and insolvency practitioners with a high level of commercial and legal skills to assist them in restructuring their financial affairs and avoiding bankruptcy.
oai:journals.assaf.org.za:article/2667
2019-10-29T07:56:02Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2667
2019-10-29T07:56:02Z
Faculty of Law, North-West University, South Africa
Vol. 13 No. 3 (2010); 29-54
Fuzzy Law and the Boundaries of Secularism
Invited Presentation
Menski, Werner; University of London
2017-06-19
url:https://perjournal.co.za/article/view/2667
en_US
First, let me thank Prof Marie-Claire Foblets, Dr Prakash Shah and the whole team organising RELIGARE for inviting me to speak tonight at one of the top three law schools of the country. Well done, Queen Mary! It is also a special delight to thank you, Prof Roger Cotterrell, for being our chair tonight and to express my gratitude for your generous introduction.
oai:journals.assaf.org.za:article/2698
2019-10-30T09:30:39Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2698
2019-10-30T09:30:39Z
Faculty of Law, North-West University, South Africa
Vol. 13 No. 4 (2010); 1-10
Can Traditional Knowledge be effectively covered under a single "umbrella"
Invited Presentation
van der Merwe, Andre; North West University(Potchefstroom Campus)
2017-06-19
url:https://perjournal.co.za/article/view/2698
en_US
The question of whether or not traditional knowledge (TK) can be effectively covered under a singe umbrella is complex, consequently requiring a comprehensive assessment. In view of the government's commitment to a policy not only of protecting forms of TK but also of encouraging and protecting the commercialisation of certain forms of TK, the above question becomes even more complex.
oai:journals.assaf.org.za:article/2725
2020-01-17T07:38:39Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2725
2020-01-17T07:38:39Z
Faculty of Law, North-West University, South Africa
Vol. 12 No. 2 (2009); 1-13
The Judiciary as a Bastion of the Legal order in Challenging Times
Invited Presentation
van Zyl, Deon; North West University(Potchefstrom Campus)
2017-06-26
url:https://perjournal.co.za/article/view/2725
recent times
certain controversial events
courts and individual judges
extremely adverse and negative nature
en_US
In recent times the judiciary has been under almost constant fire as a result of certain controversial events involving the courts and individual judges. This has given rise to uncalled for, and frequently unwarranted, publicity of an extremely adverse and negative nature. Despite the fact that only a relatively small number of judges has been involved, the bench as a whole has been affected and even severely tainted by this activity. Public confidence in the courts has been eroded and the independence of the judiciary has come under serious threat.
oai:journals.assaf.org.za:article/2732
2019-11-07T09:25:55Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2732
2019-11-07T09:25:55Z
Faculty of Law, North-West University, South Africa
Vol. 12 No. 3 (2009); 1-20
Judging Under a Bill of Rights
Invited Presentation
Harms, Louis TC; NWU
2017-06-26
url:https://perjournal.co.za/article/view/2732
en_US
We are pleased to publish here, as an oratio, the Ebsworth Memorial Lecture delivered by Mr Justice Louis Harms in February 2007. In his lecture he addressed a range of contentious issues regarding the challenges of judging under a (new) Bill of Rights and he inter alia raises, "without answering, the question of whether a bill of rights should reflect existing societal values or whether it should create them." He also spoke candidly of judicial activism, verbosity emanating from the bench, the judiciary and the separation of powers and (in-)consistency in constitutional adjudication. Among his conclusions he states that a Bill of Rights "is supposed to remove arbitrariness, not only of legislation but also of adjudication."
oai:journals.assaf.org.za:article/2749
2019-11-04T08:40:20Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2749
2019-11-04T08:40:20Z
Faculty of Law, North-West University, South Africa
Vol. 12 No. 4 (2009); 1-8
The Bench and Academia
Invited Presentation
Harms, Louis TC; North West University(Potchefstroom Campus)
2017-06-26
url:https://perjournal.co.za/article/view/2749
en_US
I am touched, Chair, by the invitation to deliver the keynote address at your meeting. A keynote address is supposed to set the key for the occasion. It should be filled with wisdom and jurisprudential philosophy. However, I imagine that most of you would prefer an address that sounds more like background music – allowing you to ignore it and to enjoy your wining and dining. Therefore, if what you are about to hear is not set in the A Major key but rather in F Minor, consider that I am not only hard of hearing, I am also tone deaf.
oai:journals.assaf.org.za:article/2797
2020-01-17T07:29:14Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2797
2020-01-17T07:29:14Z
Faculty of Law, North-West University, South Africa
Vol. 10 No. 2 (2007); 96-115
Democratic Elections in a Global Context
Invited Presentation
Tlakula, Pansy; North West University
2017-07-04
url:https://perjournal.co.za/article/view/2797
political scientists
other scholars
democracy, development and good governance
political and economic development
en_US
There is agreement amongst political scientists and other scholars that there is a relationship between democracy, development and good governance. Democracy is a solid foundation for political and economic development. Democracy is also the best tool for managing social and economic conflict. There is also agreement that elections are central to the development of democracy in any country. Whilst elections on their own cannot guarantee development they are an important instrument through which all groups, including the most vulnerable, elect rulers of their choice. Once elected into power, these rulers assume the political power and authority to determine and shape national socio-economic policies and programmes that should result in better standards of living for the electorate whilst at the same time respond to the demands of economic globalisation. These rulers also decide on who forms the machinery of government, namely the executive, the judiciary, et cetera.
oai:journals.assaf.org.za:article/2833
2020-01-17T06:54:50Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2833
2020-01-17T06:54:50Z
Faculty of Law, North-West University, South Africa
Vol. 8 No. 1 (2005); 76-106
Learned Staatsrecht from the Heartland of the Rechtsstaat Observations on the Significance of South African-German Interaction in Constitutional Scholarship ?
Invited Presentation
du Plessis, L; University of Stellenbosch
2017-07-10
url:https://perjournal.co.za/article/view/2833
South Africa
“principled” legal education
principled law teachers
principle-prone law
en_US
During (especially the latter half of) the previous century it was impressed on several generations of law students (mainly but not exclusively) at Afrikaans speaking law faculties in South Africa, to pride themselves on their “principled” legal education.1 Akin to (and indeed associated with) the paranormal knack of “thinking/reasoning like a jurist”, principled legal thinking was not really taught (or learnt), but sustained (like injuries) as a result of exposure to principled law teachers, enhanced by the ambiance of a principle-prone law faculty. In the impressionable, young minds thus shaped Begriffsjurisprudenz was principled legal thinking incarnate, and Germany the Valhalla2 for those forever true to it.
oai:journals.assaf.org.za:article/2834
2020-01-17T06:58:40Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2834
2020-01-17T06:58:40Z
Faculty of Law, North-West University, South Africa
Vol. 8 No. 1 (2005); 107-118
De Periode 1795-1798: de Geboorte van Nederland als ‘Democratische’ Eenheidsstaat
Invited Presentation
Elias, Arthur; North West University(Potchefstroom Campus)
Swanepoel, HL; North West University(Potchefstroom Campus)
2017-07-10
url:https://perjournal.co.za/article/view/2834
Nordwes-universiteit
Kampus Potchefstroom
en_US
Ik behoef u niet uit te leggen, waarom ik mij verheug vandaag weer in uw midden te zijn. Ik bezoek de Nordwes-universiteit en met name de Kampus Potchefstroom sinds 1993 nu voor de zesde maal. Ik voel me hier dus erg thuis en ‘ek voel my ook bevooreg om vandag op hierdie besonderse dag saam met u te kan wees’.
oai:journals.assaf.org.za:article/2855
2019-11-22T08:57:36Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/2855
2019-11-22T08:57:36Z
Faculty of Law, North-West University, South Africa
Vol. 7 No. 2 (2004); 185-204
Ontwikkeling van die gemenereg in die lig van artikel 39(2) en 173 van die Grondwet
Invited Presentation
Harms, LTC; North West University(Potchefstroom Campus)
2017-07-10
url:https://perjournal.co.za/article/view/2855
en_US
Die onderwerp van hierdie voordrag is wydlopend en voortydig. Toe Professor Wigmore in 1914 met 'n vergelykbare onderwerp genader is, het hy wyslik die aanbod van die hand gewys:[1]
The law is so obviously in a seething change that one might as well expect to analyze a chemical reaction while the test tube is over the flame.
Oor deliktereg (law of torts) het hy bygevoeg:
The old-time doctrines of liability are changing so fast that it is difficult to keep up with them . . . certainly many existing books may be sold for old paper.
'n Mens kan met reg vra of die ius connubiorum van Brouwer en die Law of Husband and Wifevan Professor Hahlo nie nou "Seksuele Verhoudingsreg" geword het nie. Is onregmatigheid en skuld vereistes vir deliktuele aanspreeklikheid of hang dit maar daarvan af of die verweerder die staat is of versekering dra? Leer u nog steeds u studente dat 'n kontrak 'n tweesydige verbintenis is? Dit is mos 'n losse driesydige verhouding waartoe die regter 'n party is? Leer u hulle steeds dat dit op wilsooreenstemming gebaseer is in plaas van willekeur? Die verkorte LLB kan dan nog meer verkort word
oai:journals.assaf.org.za:article/4792
2019-04-04T08:51:41Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/4792
2019-04-04T08:51:41Z
Faculty of Law, North-West University, South Africa
Vol. 21 (2018); 1-17
Values and the Rule of Law: Foundations of the European Union – An Inside Perspective from the ECJ
Invited Presentation
von Danwitz, Thomas
2018-04-04
url:https://perjournal.co.za/article/view/4792
Rule of law
European Union
European Court of Justice
Charter of Fundamental Rights
en_US
Let us remember what has been written, ratified and set into force with the Treaty of Lisbon. The preamble of the Charter of Fundamental Rights starts out by stating: "The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values." And it goes on: "Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice." Even if a cynic might have considered these words to be merely a lip service unlikely to disturb the power-play European governments were so eagerly engaged in, the Charter nonetheless became the supreme law of the land and the preferred tools of the trade of a rather awkward species of beings, already of bad repute for relying on the mere wording of legal acts, and even worse, for taking rights seriously: judges - in particular those of the European Court of Justice.
oai:journals.assaf.org.za:article/4949
2019-04-04T08:55:05Z
per:Ora
driver
v2
https://perjournal.co.za/article/view/4949
2019-04-04T08:55:05Z
Faculty of Law, North-West University, South Africa
Vol. 21 (2018); 1-10
Leadership, Social Justice and Transformation – Inspire a Leader
Invited Presentation
Theron, Leona Valerie
2018-04-18
url:https://perjournal.co.za/article/view/4949
social justice
tansformation
judiciary
en_US
Transformation is not impossible. In 1994 there were about 150 judges in this country. Of this number, one was female and one was black. Today there are 227 judges in South Africa, of whom 82 are female and 145 male. 34% are white and 64% are black. The judiciary has been totally transformed. This can and should happen in other areas.