Potchefstroom Electronic Law Journal

Announcements

Submissions closed for 2024

03-10-2024

We have reached our capacity for dealing with new submissions for 2024, and as such will not accept any new submissions for the rest of the year. During this time we will continue to work with our current submissions as normal. We will reopen the submission system again early in February 2025.

Important Announcement: Transition in Editorship

08-04-2024

Increase in processing fees from 1 April 2024

03-01-2024

Current Issue

Vol. 27 (2024)

Published: 05-01-2024

Articles

Non-Educator Stakeholders and Public-School Principals' Views on the Proposed Amendments to the South African Schools Act 84 of 1996

Johan Kruger, Johan Beckmann, Andre Du Plessis

(Published on 5 January 2024) pp 1-26
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The International Court System: A Solution to the Crisis in Investor-State Arbitration?

Tinyiko Lawrence Ngobeni

(Published on 17 January 2024) pp 1-35
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Reflecting on Evictions and Unlawful Occupation of Land in South Africa: Where Do Some Gaps Still Remain?

Zsa-Zsa Boggenpoel, Sameera Mahomedy

(Published on 19 January 2024) pp 1-44
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Including Children's Views in Divorce Mediation: A Comparative Analysis and Recommendations or Kenya

Vivian Nyaata, Frederick Noel Zaal, Stephen Allister Peté

(Published on 1 February 2024) pp 1-35
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Funding Climate Change Initiatives: Utilising the Law for Enhancing Financial Management in Cities

Johandri Wright

(Published on 19 February 2024) pp 1-29
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Plugins and POPI: A Critical Discussion into the Legal Implications of Social Plugins and the Protection of Personal Information

Helga Schultz, Warren Freedman

(Published on 4 March 2024) pp 1-32
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Interpreting the Right to Work and its Application in the South African Legal Framework

Kim-Leigh Loedolf

(Published on 13 March 2024) pp 1-29
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The Concept of Social Justice in Mine-Host Community Involvement and Benefit Accrual: Reflections from Mineral Extraction in Zimbabwe

Stanford Chagadama, Germarie Viljoen

(Published on 19 March 2024) pp 1-41
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The Constitutional Case Against the Mandatory Vaccine Policy — An Interdisciplinary South African Perspective

Casper Lӧtter

(Published on 22 March 2024) pp 1-38
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Securities Markets and Their Regulation in Zambia: A New Dawn or a Rebranding of the Old Norms?

Chipasha Mulenga

(Published on 10 April 2024 ) pp 1-34
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Local Government Empowerment and Collaborative Approaches in the Electricity Sector: A Constitutional Analysis

Mnotho Ngcobo

(Published on 7 May 2024) pp 1-25
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The Proprietary Consequences of Customary Marriages: Challenges in the New Regime(s)?

Fatima Osman

(Published on 8 May 2024) pp 1-29
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A Legal Perspective on Sexual Grooming Behaviours as Professional Boundary Violations

Susanna Abigael Coetzee

(Published on 31 May 2024) pp 1-33
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Through the Lens of the ICJ: Bridging the Gap between Human Rights and Humanitarian Norms in Global Child Soldiering

Nikita Govender

(Published on 3 June 2024) pp 1-31
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A Child's Right to Identity in the Context of Embryo Donation: Part 1

Nicole Bouah, Carmel Jacobs

(Published on 5 June 2024) pp 1-34
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A Child's Right to Identity in the Context of Embryo Donation: Lessons from Australia and New Zealand, Part 2

Nicole Bouah, Carmel Jacobs

(Published on 5 June 2024) pp 1-27
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The African Court's Jurisdiction over the "International" Eco-Crime of Trafficking in Hazardous Wastes: Challenges and Opportunities

Linda Mushoriwa

(Published on 5 June 2024) pp 1-28
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Transitional Justice in Anglophone Cameroon: Perspectives and lessons from South Africa and Rwanda

Derrick T Cho

(Published on 21 June 2024) pp 1-28
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Exploring the International Humanitarian Law Status of Foreign Fighters in the Ukrainian International Legion of Territorial Defence

Shannon Bosch

(Published on 1 July 2024) pp 1-20
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Safeguarding the Rights of Children Living in Kinship Care in South Africa

Hanneretha Kruger

(Published on 11 July 2024) pp 1-33
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The Inclusion-Stability, Integrity and Protection (I-SIP) Methodology and the Legal Framework to Promote Financial Inclusion in South Africa

Maphuti Tuba, WG Schulze

(Published on 1 August 2024) pp 1-58
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The Problem of Trans-Border Information Flows in the Protection of Personal Information

Mthuthukisi Malahleka

(Published on 8 August 2024 ) pp 1-40
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Does Article 4(1)(a) of the Marrakesh Treaty Require Limitation to Adaptation Rights? Blind SA v Minister of Trade, Industry and Competition (CCT 320/21) [2022] ZACC 33 (21 September 2022)

Malebakeng Forere

(Published on 16 August 2024) pp 1-25
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The Future of Collective Bargaining between Labour and the Employer after the Case of Public Servants Association v Minister of Public Service [2021] 3 BLLR 255 (LAC)

Matthews E Nkuna-Mavutane, Brigitte Barends , Vukile E Sibiya, Clarence I Tshoose, Reuben Letseku

pp 1-30
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The Impact of Technology on Testate Succession in South Africa

Teresia Mahlaela, Lesetja Monyamane

(Published on 2 September 2024) pp 1-20
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Advancing the Protection of the Right to Freedom of Religion in South Africa

Shaun de Freitas

(Published on 13 September 2024) pp 1-30
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On Collective Bargaining, Advisory Arbitration and Legal Intervention: The 1995 Labour Relations Act as a Product of Criticism of the 1956 Labour Relations Act

Wilhelmina Germishuys-Burchell

(Published on 13 September 2024) pp 1-21
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A Case for the Need to Improve the Unilateral Double Taxation Relief for Estate Duty in South Africa

Maretha Retief

(Published on 16 September 2024) pp 1-24
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Shareholder Loans: Fact or Fiction

Richard Arno Stevens, Liline Steyn

(Published on 2 October 2024) pp 1-22
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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

Petra Claassen

(Published on 2 October 2024) pp 1-32
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To Bequeath or not to Bequeath? A South African Law Analysis of the "Problematic Areas" Found in the Islamic Law of Intestate Succession

Mohamed Sungay

(Published on 16 October 2024) pp 1-22
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Excluding Life and Insurance Benefits from Insolvent Estates: A Comparative Study of South Africa, England and Wales, and the United States of America

Zingapi Mabe, Edith Mbiriri

(Published on 16 October 2024) pp 1-26
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Rebooting State-Owned Companies in South Africa: Exploring the Viability of Singapore's State Holding Company (Temasek) Model of Ownership and Control

Tebello Thabane

(Published on 17 October 2024) pp 1-30
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Noting the Impact of Lockdown Co-Parenting Regulations on the Wellbeing of Children in South Africa

Annette Singh, Norah Hashim Msuya

(Published on 21 October 2024) pp 1-15
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Restorative Justice as an Alternative Response to Student Academic Dishonesty in South African Higher Education Institutions

Reliance Bongani Mokomane

(Published on 24 October 2024) pp 1-35
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How Have the Courts Decided What De Minimis is in Tax Law?

Silke De Lange, Monique Tessa Malan

(Published on 31 October 2024) pp 1-29
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Cross-Border Data Flows and the Protection of Personal Information Act 4 of 2013 – Part I: The Territorial Scope Provision

Juana Coetzee

(Published on 7 November 2024) pp 1-25
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Cross-Border Data Flows and the Protection of Personal Information Act 4 of 2013 – Part II: The Data Transfer Provision

Juana Coetzee

(Published on 7 November 2024) pp 1-29
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Notes

Improving Compliance with Section 4(1) of the Recognition of Customary Marriages Act 120 of 1998: Registration of Customary Marriages

Eddie Nkuna-Mavutane, Juanita Jamneck

(Published on 2 July 2024) pp 1-39
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Artificial Intelligence and Blockchain Technologies in Online Dispute Resolution: A Solution to Consumer Disputes in South Africa?

Mnotho T Ngcobo

(Published on 12 July 2024) pp 1-25
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The Recognition and Regulation of Smart Contracts in South Africa

Michele van Eck, Fafa Agbeko

(Published on 5 September) pp 1-24
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Case Notes

The Role of Public Policy in King v De Jager (CCT 315/18) [2021] ZACC 4 (19 February 2021)

Rika van Zyl

(Published on 1 February 2024 ) pp 1-24
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The Ramifications of International Law in South Africa: Blind SA v Minister of Trade, Industry and Competition (CCT 320/21) [2022] ZACC 33 (21 September 2022)

Malebakeng Forere

(Published on 19 February 2024) pp 1-20
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"Cause of Action": How Could the Supreme Court of Appeal Get it so Wrong? Olesitse v Minister of Police (SCA) (Unreported) Case No: 470/2021 of 15 June 2022

Phindile Raymond Msaule

(Published on 10 July 2024) pp 1-14
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Book Reviews

Book Review: Mukaddam F Muslim Women between Community and Individual Rights: Legal Pluralism and Marriage in South Africa (Springer Nature Switzerland 2024)

Fungisai Gloria A Gcumeni

(Published on 10 September 2024) pp 1-4
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SARChi CLES Series on Cities, Law and Environmental Sustainability

The Municipal Accountability in Service Delivery: Featherbrooke Homeowners Association v Mogale City Local Municipality

Henrike Saunders

(Published on 8 July 2024) pp 1-21
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The Potential of Spatial Planning as a Tool for Cities' Pursuit of Sustainable Development Goal 11 in Zimbabwe

Liberty Masekesa, Oliver Fuo

(Published on 8 July 2024) pp 1-35
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Structural Interdictics for Environmental Rights Violations? South African Human Rights Commission v Msunduzi Local Municipality (8407/2020P) [2021] ZAKZPHC 35 (17 June 2021)*

Ledile Sekwakwa

(Published on 20 September 2024) pp 1-22
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Special Edition: Language and Law

Editorial: Language and Law

Natasha Ravyse, Michael Laubscher

(Published on 29 February 2024 ) pp 1-2
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Book Review: Linguistics for Legal Interpretation Terrance R Carney (UJ Press Auckland Park 2023)

Michael Laubscher

(Published on 29 February 2024) pp 1-4
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The Discriminatory Practice of Language Testing for Authenticating Citizenship: An Analysis of Operation Dudula Through a Forensic Linguistics Lens

Zakeera Docrat

(Published on 29 February 2024) pp 1-27
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Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide

Klaus D Beiter

(Published on 29 February 2024) pp 1-40
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Language as a Tool of Divisive Politics: Perspectives on Foreign Nationals in South Africa

Avitus Agbor

(Published on 29 February 2024) pp 1-23
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Can Language Prevent Flexible SCR Calculations? New Duties for Auditors in The Prudential Authority v Constantia Insurance Company Limited, Gauteng Local Division, Johannesburg, Case Number 2022-19765

Neels Kilian

(Published on 29 February 2024) pp 1-28
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NWU Vulnerable Societies Series

A Legal Conundrum - The Duty to Reasonably Accommodate: A Comment on Legal Aid South Africa v Jansen 2020 41 ILJ 2580 (LAC)

Estie Gresse, Werner Gresse

(Published on 3 May 2024) pp 1-37
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Special Edition: A Tribute to Justice Froneman

Editorial: Artifacts of judging: Justice Johan Froneman

Karin Van Marle, Elmien du Plessis

(Published on 11 June 2024) pp 1-4
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Tribute to Johan Froneman

Edwin Cameron

(Published on 11 June 2024) pp 1-5
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Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd: Johan Froneman, the Transformation of Property Law and the Virtue of Small Things

Danie Brand

(Published on 11 June 2024) pp 1-22
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Contract from the Margins: The Becoming of a Minor Jurisprudence in the Minority Judgment of Froneman, J in Beadica 231 CC v Trustees for the time being of the Oregon Trust 2020 5 SA 247 CC

Jaco Barnard-Naude

(Published on 11 June 2024) pp 1-22
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Justice Froneman and Transformative Delict

Emile Zitzke

(Published on 11 June 2024) pp 1-24
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Inhabiting the Ruins of the City of Tshwane

Isolde de Villiers

(Published on 11 June 2024) pp 1-15
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Judicial Collegiality and Tolerance of Difference: Insights from Justice Johan Froneman's Dissents

Felix Dube

(Published on 11 June 2024) pp 1-28
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Compensation as Radical Transformation

Matthew Kruger

(Published on 11 June 2024) pp 1-33
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Going Against the Grain – Justice Froneman as Subversive (Legal) Historian

Karin van Marle

(Published on 11 June 2024) pp 1-21
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Special Edition: Banking, Competition & Corporate Law

Strengthening Law Enforcement to Address White-Collar Financial Crime in South Africa's Private Sector

Gerda van Niekerk, Frikkie Ponelis

(Published on 1 July 2024) pp 1-41
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An Overview of the Extent of the Powers of South African Competition Authorities in the Regulation of Price Discrimination under the Competition Act 89 of 1998 in the Context of Digital Transformation

Phemelo Magau

(Published on 10 July 2024) pp 1-21
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Navigating Reputational Risks: Cautionary Considerations for South African Banks in the Unilateral Termination of Bank-Customer Relationships

Lisbeth Letsoalo

(Published on 10 July 2024) pp 1-31
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An Overview of the Roles and Functions of Selected Financial Role Players to Protect Financial Stability and Promote Market Integrity in South Africa

Howard Chitimira, Sharon Munedzi

(Published on 26 August 2024) pp 1-32
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A Comparative Analysis of the Design and Implementation of the Twin Peaks Model of Financial Regulation in South Africa and Australia

Howard Chitimira, Luck Mavhuru

(Published on 10 September 2024) pp 1-33
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A Commentary on the Jurisdictional Challenges in the Rand- Dollar Exchange Manipulation "Cartel": Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company [2023] ZACT 26 (30 March 2023)

Simbarashe Tavuyanago

(Published on 10 September 2024) pp 1-17
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A Statutory Analysis of the Role of the Courts in Protecting Financial Consumers' Rights in the Zimbabwean Banking Sector: The Penelope Case in Context

Howard Chitimira, Elfas Torerai, Oscar Tsaura

(Published on 10 September 2024) pp 1-21
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Leveraging Artificial Intelligence to Combat Money Laundering and Related Crimes in the South African Banking Sector

Howard Chitimira, Elfas Torerai, Lisa Jana

(Published on 10 September 2024) pp 1-30
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Special Edition: Law, Resilience and Social Justice (SLTSA)

The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development

Siyabulela Christopher Fobosi

(Published on 20 September 2024) pp 1-20
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The Identity of the Beneficiary or Presenter Calling for Payment under Demand Guarantees: A Purposive Approach

Tinaye Chivizhe

(Published on 17 October 2024) pp 1-23
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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

Marc Welgemoed, Lindi Coetzee, Retha Beerman, Elbi Van Vuuren

(Published on 17 October 2024) pp 1-29
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The Legal Implications of Sithole v Sithole 2021 5 SA 34 (CC) on African Spouses in Old Civil Marriages

Siyabonga Sibisi

(Published on 21 October 2024) pp 1-22
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Historical Aspects of the Cooperation and Collaboration Between the South African Reserve Bank and Other Role Players

Howard Chitimira, Sharon Munedzi

(Published on 6 November 2024) pp 1-27
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An Exploration of Selected Anti-Money Laundering Role-Players in Zimbabwe

Professor Howard Chitimira, Dr Elfas Torerai, Vimbai Jana

(Published on 6 November 2024) pp 1-26
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Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005

Ciresh Singh

(Published on 7 November 2024) pp 1-22
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Linking the Right to Electricity as a Contractual, Derivative and Human Right through the Undisclosed Principal Agency Law

Reamohetswe Portia Senokoane

(Published on 12 November 2024) pp 1-28
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Current Events

A Snapshot of the Constitutional Court's Docket – January to July 2024

Nurina Ally

(Published on 24 October 2024) pp 1-17
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