2024-03-29T07:49:32Z
https://perjournal.co.za/oai
oai:journals.assaf.org.za:article/603
2019-02-28T08:52:31Z
per:Ora
driver
nmb a2200000Iu 4500
"150612 2015 eng "
1727-3781
10.4314/pelj.v18i4.01
doi
dc
The Life and Times of a Learned Jackal for Justice
Du Plessis, L
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).
Faculty of Law, North-West University, South Africa
2015-11-30 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/603
Potchefstroom Electronic Law Journal; Vol. 18 No. 4 (2015)
eng
Copyright (c) 2015 L Du Plessis
oai:journals.assaf.org.za:article/1477
2019-04-26T06:41:26Z
per:Ora
driver
nmb a2200000Iu 4500
"170517 2017 eng "
1727-3781
10.17159/1727-3781/2016/v19i0a1477
doi
dc
"Brexit": A Constitutional, Diplomatic and Democratic Crisis. A View from the Trenches
French, Duncan
University of Lincoln https://orcid.org/0000-0001-6422-7579
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.
Faculty of Law, North-West University, South Africa
2016-01-17 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/1477
Potchefstroom Electronic Law Journal; Vol. 19 (2016)
eng
Copyright (c) 2016 Duncan French
oai:journals.assaf.org.za:article/2188
2019-02-28T08:49:37Z
per:Ora
driver
nmb a2200000Iu 4500
"170421 2017 eng "
1727-3781
10.17159/1727-3781/2014/v17i2a2188
doi
dc
The 2011 Green Paper on Land Reform: Opportunities and Challenges - The National African Farmers Union (NAFU SA)
Matlala, Motsepe
The National African Farmers' Union
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.
Faculty of Law, North-West University, South Africa
2014-05-27 00:00:00
Invited Presentation
application/pdf
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application/epub+zip
https://perjournal.co.za/article/view/2188
Potchefstroom Electronic Law Journal; Vol 17, No 2 (2014)
eng
Copyright (c) 2017 Motsepe Matlala
oai:journals.assaf.org.za:article/2299
2019-02-28T08:47:13Z
per:Ora
driver
nmb a2200000Iu 4500
"170426 2017 eng "
1727-3781
10.17159/1727-3781/2013/v16i1a2299
doi
dc
The Academia as Profession
Venter, Francois
North-West University(Potchefstroom Campus) https://orcid.org/0000-0002-6919-5171
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.
Faculty of Law, North-West University, South Africa
2013-04-23 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2299
Potchefstroom Electronic Law Journal; Vol. 16 No. 1 (2013)
eng
Copyright (c) 2017 Francois Venter
oai:journals.assaf.org.za:article/2300
2019-02-28T08:47:13Z
per:Ora
driver
nmb a2200000Iu 4500
"170426 2017 eng "
1727-3781
10.17159/1727-3781/2013/v16i1a2300
doi
dc
Constitutional Socio-Economic Rights and International Law: "You are not Alone"
Stein, Torsten
Saartland University
Faculty of Law, North-West University, South Africa
2013-04-23 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2300
Potchefstroom Electronic Law Journal; Vol. 16 No. 1 (2013)
eng
Copyright (c) 2017 Torsten Stein
oai:journals.assaf.org.za:article/2341
2019-02-28T08:47:36Z
per:Ora
driver
nmb a2200000Iu 4500
"170503 2017 eng "
1727-3781
10.17159/1727-3781/2013/v16i2a2341
doi
dc
Payment for Ecosystem Services
Benjamin, Antonio Herman
University of Illionios
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.
Faculty of Law, North-West University, South Africa
2013-06-20 00:00:00
Invited Presentation
application/pdf
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application/epub+zip
https://perjournal.co.za/article/view/2341
Potchefstroom Electronic Law Journal; Vol. 16 No. 2 (2013): Special Edition
eng
Copyright (c) 2017 Antonio Herman Benjamin
oai:journals.assaf.org.za:article/2351
2019-10-02T07:16:13Z
per:Ora
driver
nmb a2200000Iu 4500
"170503 2017 eng "
1727-3781
10.17159/1727-3781/2013/v16i3a2351
doi
dc
Oratio: Address to Commemorate the 2013 Martin Luther King Day at the Law Faculty, University of Michigan
Govender, Karthy
University of KwaZulu-Natal
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.
Faculty of Law, North-West University, South Africa
2013-08-29 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2351
Potchefstroom Electronic Law Journal; Vol. 16 No. 3 (2013)
eng
Copyright (c) 2017 Karthy Govender
oai:journals.assaf.org.za:article/2352
2020-04-30T20:31:33Z
per:Ora
driver
nmb a2200000Iu 4500
"170503 2017 eng "
1727-3781
10.17159/1727-3781/2013/v16i3a2352
doi
dc
Oratio: A Non-Lawyer's Views on the Revised White Paper on Arts, Culture and Heritage of 2013
van Graan, Mike
University of Cape Town
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).
Faculty of Law, North-West University, South Africa
2013-08-29 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2352
Potchefstroom Electronic Law Journal; Vol. 16 No. 3 (2013)
eng
Copyright (c) 2017 Mike van Graan
oai:journals.assaf.org.za:article/2454
2019-02-28T08:45:22Z
per:Ora
driver
nmb a2200000Iu 4500
"170522 2017 eng "
1727-3781
10.17159/1727-3781/2012/v15i1a2454
doi
dc
Culture, Tradition, Custom, Law and Gender Equality
Maluleke, Mikateko Joyce
North West University(Potchefstroom Campus)
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.
Faculty of Law, North-West University, South Africa
2012-03-29 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2454
Potchefstroom Electronic Law Journal; Vol. 15 No. 1 (2012)
eng
Copyright (c) 2017 Mikateko Joyce Maluleke
oai:journals.assaf.org.za:article/2475
2019-02-28T08:45:49Z
per:Ora
driver
nmb a2200000Iu 4500
"170525 2017 eng "
1727-3781
10.17159/1727-3781/2012/v15i2a2475
doi
dc
Die rol van en beperkings op die regbank om sosiale vrede in Suid-Afrika te bevorder
Bertelsmann, Eberhard
Hooggeregshof, Noord-Gauteng
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.
Faculty of Law, North-West University, South Africa
2012-08-17 00:00:00
Invited Presentation
application/pdf
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application/epub+zip
https://perjournal.co.za/article/view/2475
Potchefstroom Electronic Law Journal; Vol. 15 No. 2 (2012)
eng
Copyright (c) 2017 Eberhard Bertelsmann
oai:journals.assaf.org.za:article/2477
2019-02-28T08:45:49Z
per:Ora
driver
nmb a2200000Iu 4500
"170525 2017 eng "
1727-3781
10.17159/1727-3781/2012/v15i2a2477
doi
dc
Law and language in a multilingual society
Harms, Louis
University of Pretoria
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.
Faculty of Law, North-West University, South Africa
2012-08-17 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2477
Potchefstroom Electronic Law Journal; Vol. 15 No. 2 (2012)
eng
Copyright (c) 2017 Louis Harms
oai:journals.assaf.org.za:article/2478
2019-02-28T08:45:49Z
per:Ora
driver
nmb a2200000Iu 4500
"170525 2017 eng "
1727-3781
10.17159/1727-3781/2012/v15i2a2478
doi
dc
Can decentralisation contribute to promoting rule-of-law structures? The Democratic Republic of Congo, Rwanda and Burundi as examples
Hamann, Hartmut
Freie Universität Berlin and Technische Universität Chemnitz
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).
Faculty of Law, North-West University, South Africa
2012-08-17 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2478
Potchefstroom Electronic Law Journal; Vol. 15 No. 2 (2012)
eng
Copyright (c) 2017 Hartmut Hamann
oai:journals.assaf.org.za:article/2479
2019-02-28T08:45:49Z
per:Ora
driver
nmb a2200000Iu 4500
"170525 2017 eng "
1727-3781
10.17159/1727-3781/2012/v15i2a2479
doi
dc
Decentralisation in Africa: A critical review of Uganda's experience
Ojambo, Henry
University of Toronto
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.
Faculty of Law, North-West University, South Africa
2012-08-17 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2479
Potchefstroom Electronic Law Journal; Vol. 15 No. 2 (2012)
eng
Copyright (c) 2017 Henry Ojambo
oai:journals.assaf.org.za:article/2480
2019-02-28T08:45:49Z
per:Ora
driver
nmb a2200000Iu 4500
"170525 2017 eng "
1727-3781
10.17159/1727-3781/2012/v15i2a2480
doi
dc
The Implications of federalism and decentralisation on socio-economic conditions in Ethiopia
Zimmermann-Steinhart, Petra
Federation of the Federal Democratic Republic of Ethiopia
Bekele, Yakob
Federation of the Federal Democratic Republic of Ethiopia
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.
Faculty of Law, North-West University, South Africa
2012-08-17 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2480
Potchefstroom Electronic Law Journal; Vol. 15 No. 2 (2012)
eng
Copyright (c) 2017 Petra Zimmermann-Steinhart, Yakob Bekele
oai:journals.assaf.org.za:article/2516
2019-02-28T08:46:45Z
per:Ora
driver
nmb a2200000Iu 4500
"170601 2017 eng "
1727-3781
10.17159/1727-3781/2012/v15i5a2516
doi
dc
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?
Davis, Justice Denis
University of Cape Town
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.
Faculty of Law, North-West University, South Africa
2012-12-21 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2516
Potchefstroom Electronic Law Journal; Vol. 15 No. 5 (2012)
eng
Copyright (c) 2017 Justice Denis Davis
oai:journals.assaf.org.za:article/2573
2019-10-15T09:40:52Z
per:Ora
driver
nmb a2200000Iu 4500
"170609 2017 eng "
1727-3781
10.17159/1727-3781/2011/v14i3a2573
doi
dc
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.
Marauhn, Thilo
University of Giessen
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.
Faculty of Law, North-West University, South Africa
2011-06-20 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2573
Potchefstroom Electronic Law Journal; Vol. 14 No. 3 (2011)
eng
Copyright (c) 2017 Thilo Marauhn
oai:journals.assaf.org.za:article/2594
2019-10-17T13:37:51Z
per:Ora
driver
nmb a2200000Iu 4500
"170608 2017 eng "
1727-3781
10.17159/1727-3781/2011/v14i4a2594
doi
dc
The Right to Self-Determination of Cultural, Religious and Linguistic Communities in South Africa
van der Vyver, JD
University of Pretoria
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").
Faculty of Law, North-West University, South Africa
2011-07-15 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2594
Potchefstroom Electronic Law Journal; Vol. 14 No. 4 (2011)
eng
Copyright (c) 2017 JD van der Vyver
oai:journals.assaf.org.za:article/2595
2019-10-18T07:15:49Z
per:Ora
driver
nmb a2200000Iu 4500
"170608 2017 eng "
1727-3781
10.17159/1727-3781/2011/v14i5a2595
doi
dc
Demystification of the Inquisitorial System
Harms, LTC
North West University(Potchefstroom Campus)
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.
Faculty of Law, North-West University, South Africa
2011-08-31 00:00:00
Invited Presentation
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2595
Potchefstroom Electronic Law Journal; Vol. 14 No. 5 (2011)
eng
Copyright (c) 2017 LTC Harms
oai:journals.assaf.org.za:article/2611
2019-10-15T09:51:58Z
per:Ora
driver
nmb a2200000Iu 4500
"170609 2017 eng "
1727-3781
10.17159/1727-3781/2011/v14i3a2611
doi
dc
Response to Prof Thilo Marauhn's Opening Address on ’Land Tenure and Good Governance from the Perspective of International Law
Ferreira, Gerrit
North West University(Potchefstroom Campus) https://orcid.org/0000-0003-2425-1712
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.
Faculty of Law, North-West University, South Africa
2011-06-20 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2611
Potchefstroom Electronic Law Journal; Vol. 14 No. 3 (2011)
eng
Copyright (c) 2017 Gerrit Ferreira
oai:journals.assaf.org.za:article/2615
2019-10-21T07:45:30Z
per:Ora
driver
nmb a2200000Iu 4500
"170609 2017 eng "
1727-3781
10.17159/1727-3781/2011/v14i7a2615
doi
dc
Access to Education and Training: Pathway to Decent Work for Women
Moseneke, Dikgang
North West University(Potchefstroom Campus)
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.
Faculty of Law, North-West University, South Africa
2011-12-14 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2615
Potchefstroom Electronic Law Journal; Vol. 14 No. 7 (2011)
eng
Copyright (c) 2017 Dikgang Moseneke
oai:journals.assaf.org.za:article/2627
2019-10-22T08:40:30Z
per:Ora
driver
nmb a2200000Iu 4500
"170614 2017 eng "
1727-3781
10.17159/1727-3781/2010/v13i1a2627
doi
dc
Good Governance in the Hands of the Judiciary: Lessons from the European Example
von Danwitz, Thomas
North West University(Potchefstroom Campus)
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]
Faculty of Law, North-West University, South Africa
2010-05-07 00:00:00
Invited Presentation
application/pdf
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https://perjournal.co.za/article/view/2627
Potchefstroom Electronic Law Journal; Vol. 13 No. 1 (2010)
eng
Copyright (c) 2017 Thomas von Danwitz
oai:journals.assaf.org.za:article/2638
2019-10-24T09:53:52Z
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"170615 2017 eng "
1727-3781
10.17159/1727-3781/2010/v13i2a2638
doi
dc
A Future Perspective on Constitutional Stability
de Klerk, Frederik Willem
North West University
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!".
Faculty of Law, North-West University, South Africa
2010-08-27 00:00:00
Invited Presentation
application/pdf
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application/epub+zip
https://perjournal.co.za/article/view/2638
Potchefstroom Electronic Law Journal; Vol. 13 No. 2 (2010)
eng
Copyright (c) 2017 Frederik Willem de Klerk
oai:journals.assaf.org.za:article/2639
2019-10-24T10:10:25Z
per:Ora
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"170615 2017 eng "
1727-3781
10.17159/1727-3781/2010/v13i2a2639
doi
dc
'n Toekomstige Perspektief op Grondwetlike Stabiliteit
de Klerk, Frederik Willem
North West University
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!".
Faculty of Law, North-West University, South Africa
2010-08-27 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2639
Potchefstroom Electronic Law Journal; Vol. 13 No. 2 (2010)
eng
Copyright (c) 2017 Frederik Willem de Klerk
oai:journals.assaf.org.za:article/2650
2019-10-29T07:33:26Z
per:Ora
driver
nmb a2200000Iu 4500
"170619 2017 eng "
1727-3781
10.17159/1727-3781/2010/v13i3a2650
doi
dc
Restructuring of Insolvent Corporations in Canada
Krüger, Josef GA
North West University(Potchefstroom Campus)
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.
Faculty of Law, North-West University, South Africa
2010-12-03 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2650
Potchefstroom Electronic Law Journal; Vol. 13 No. 3 (2010)
eng
Copyright (c) 2017 Josef GA Krüger
oai:journals.assaf.org.za:article/2667
2019-10-29T07:56:02Z
per:Ora
driver
nmb a2200000Iu 4500
"170619 2017 eng "
1727-3781
10.17159/1727-3781/2010/v13i3a2667
doi
dc
Fuzzy Law and the Boundaries of Secularism
Menski, Werner
University of London https://orcid.org/0000-0002-2058-2074
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.
Faculty of Law, North-West University, South Africa
2010-12-03 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2667
Potchefstroom Electronic Law Journal; Vol. 13 No. 3 (2010)
eng
Copyright (c) 2017 Werner Menski
oai:journals.assaf.org.za:article/2698
2019-10-30T09:30:39Z
per:Ora
driver
nmb a2200000Iu 4500
"170619 2017 eng "
1727-3781
10.17159/1727-3781/2010/v13i4a2698
doi
dc
Can Traditional Knowledge be effectively covered under a single "umbrella"
van der Merwe, Andre
North West University(Potchefstroom Campus)
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.
Faculty of Law, North-West University, South Africa
2010-12-10 00:00:00
Invited Presentation
application/pdf
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application/epub+zip
https://perjournal.co.za/article/view/2698
Potchefstroom Electronic Law Journal; Vol. 13 No. 4 (2010)
eng
Copyright (c) 2017 Andre van der Merwe
oai:journals.assaf.org.za:article/2725
2020-01-17T07:38:39Z
per:Ora
driver
nmb a2200000Iu 4500
"170626 2017 eng "
1727-3781
10.17159/1727-3781/2009/v12i2a2725
doi
dc
The Judiciary as a Bastion of the Legal order in Challenging Times
van Zyl, Deon
North West University(Potchefstrom Campus)
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.
Faculty of Law, North-West University, South Africa
2009-07-08 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2725
Potchefstroom Electronic Law Journal; Vol. 12 No. 2 (2009)
eng
Copyright (c) 2017 Deon van Zyl
oai:journals.assaf.org.za:article/2732
2019-11-07T09:25:55Z
per:Ora
driver
nmb a2200000Iu 4500
"170626 2017 eng "
1727-3781
10.17159/1727-3781/2009/v12i3a2732
doi
dc
Judging Under a Bill of Rights
Harms, Louis TC
NWU
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."
Faculty of Law, North-West University, South Africa
2009-09-21 00:00:00
Invited Presentation
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https://perjournal.co.za/article/view/2732
Potchefstroom Electronic Law Journal; Vol. 12 No. 3 (2009)
eng
Copyright (c) 2017 Louis TC Harms
oai:journals.assaf.org.za:article/2749
2019-11-04T08:40:20Z
per:Ora
driver
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"170626 2017 eng "
1727-3781
10.17159/1727-3781/2009/v12i4a2749
doi
dc
The Bench and Academia
Harms, Louis TC
North West University(Potchefstroom Campus)
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.
Faculty of Law, North-West University, South Africa
2009-12-30 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2749
Potchefstroom Electronic Law Journal; Vol. 12 No. 4 (2009)
eng
Copyright (c) 2017 Louis TC Harms
oai:journals.assaf.org.za:article/2797
2020-01-17T07:29:14Z
per:Ora
driver
nmb a2200000Iu 4500
"170704 2017 eng "
1727-3781
10.17159/1727-3781/2007/v10i2a2797
doi
dc
Democratic Elections in a Global Context
Tlakula, Pansy
North West University
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.
Faculty of Law, North-West University, South Africa
2007-11-21 00:00:00
Invited Presentation
application/pdf
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application/epub+zip
https://perjournal.co.za/article/view/2797
Potchefstroom Electronic Law Journal; Vol. 10 No. 2 (2007)
eng
Copyright (c) 2017 Pansy Tlakula
oai:journals.assaf.org.za:article/2833
2020-01-17T06:54:50Z
per:Ora
driver
nmb a2200000Iu 4500
"170710 2017 eng "
1727-3781
10.17159/1727-3781/2005/v8i1a2833
doi
dc
Learned Staatsrecht from the Heartland of the Rechtsstaat Observations on the Significance of South African-German Interaction in Constitutional Scholarship ?
du Plessis, L
University of Stellenbosch
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.
Faculty of Law, North-West University, South Africa
2005-01-09 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2833
Potchefstroom Electronic Law Journal; Vol. 8 No. 1 (2005)
eng
Copyright (c) 2017 L du Plessis
oai:journals.assaf.org.za:article/2834
2020-01-17T06:58:40Z
per:Ora
driver
nmb a2200000Iu 4500
"170710 2017 eng "
1727-3781
10.17159/1727-3781/2005/v8i1a2834
doi
dc
De Periode 1795-1798: de Geboorte van Nederland als ‘Democratische’ Eenheidsstaat
Elias, Arthur
North West University(Potchefstroom Campus)
Swanepoel, HL
North West University(Potchefstroom Campus)
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’.
Faculty of Law, North-West University, South Africa
2005-01-09 00:00:00
Invited Presentation
application/pdf
application/xml
https://perjournal.co.za/article/view/2834
Potchefstroom Electronic Law Journal; Vol. 8 No. 1 (2005)
eng
Copyright (c) 2017 Arthur Elias, HL Swanepoel
oai:journals.assaf.org.za:article/2855
2019-11-22T08:57:36Z
per:Ora
driver
nmb a2200000Iu 4500
"170710 2017 eng "
1727-3781
10.17159/1727-3781/2004/v7i2a2855
doi
dc
Ontwikkeling van die gemenereg in die lig van artikel 39(2) en 173 van die Grondwet
Harms, LTC
North West University(Potchefstroom Campus)
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
Faculty of Law, North-West University, South Africa
2004-10-29 00:00:00
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/2855
Potchefstroom Electronic Law Journal; Vol. 7 No. 2 (2004)
eng
Copyright (c) 2017 LTC Harms
oai:journals.assaf.org.za:article/4792
2019-04-04T08:51:41Z
per:Ora
driver
nmb a2200000Iu 4500
"180404 2018 eng "
1727-3781
10.17159/1727-3781/2018/v21i0a4792
doi
dc
Values and the Rule of Law: Foundations of the European Union – An Inside Perspective from the ECJ
von Danwitz, Thomas
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.
Faculty of Law, North-West University, South Africa
2018-01-15 10:37:20
Invited Presentation
application/pdf
application/xml
application/epub+zip
https://perjournal.co.za/article/view/4792
Potchefstroom Electronic Law Journal; Vol. 21 (2018)
eng
Copyright (c) 2018 Thomas von Danwitz
oai:journals.assaf.org.za:article/4949
2019-04-04T08:55:05Z
per:Ora
driver
nmb a2200000Iu 4500
"180418 2018 eng "
1727-3781
10.17159/1727-3781/2018/v21i0a4949
doi
dc
Leadership, Social Justice and Transformation – Inspire a Leader
Theron, Leona Valerie
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.
Faculty of Law, North-West University, South Africa
2018-01-15 10:37:20
Invited Presentation
application/pdf
text/html
application/epub+zip
https://perjournal.co.za/article/view/4949
Potchefstroom Electronic Law Journal; Vol. 21 (2018)
eng
Copyright (c) 2018 Leona Valerie Theron