Potchefstroom Electronic Law Journal

ISSN 1727-3781

2014 Volume 17 Number 3

28 August 2014

 

Index

  •  Editorial
  •  Articles
  •  Note

 

 

    Other Volumes

    Editorial

    PER 2014(17)3 

    The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or not section 417 of the Insolvency Act 24 of 1936 is adequately and effectively framed in order to fulfil its intended purpose in South African law. Howard Chitimira gives a historical overview of the regulation of market abuse in South Africa. He concludes his contribution with a discussion by isolating certain flaws in the previous market abuse laws that were re-incorporated into the current South African market abuse legislation and makes recommendations in that regard. Juanita Jamneck discusses the contemporary meaning of the word "spouse" and the recognition of the family as an important social institution in the light of the provisions of the Intestate Succession Act 81 of 1987. Shannon Bosch reviews the scope and nature of "direct participation in hostilities" in international humanitarian law in the light of the Interpretive Guide on the Notion of Direct Participation in Hostilities issued by the International Committee for the Red Cross. The primary objective of the article by Vinesh Basdeo is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. Eddie Hurter and Tana Pistorius examine the new .Africa Top Level Domain - an Africa initiative to ensure that Africa gets its rightful place in the global network. Geo Quinot tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. Thino Bekker discusses the scope and application of the integration rule in the South African law of contract and deals with the question if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. Yeukai Mupangavanhu discusses the case of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) in the light of the exemption clauses in the Consumer Protection Act 68 of 2008 (CPA). The case note, which is also the final contribution, by Martha Radebe evaluates the unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation as they came to the fore in the case of the Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC).

    Editor:
    Prof Christa Rautenbach

     

    Articles

    Proselytism and the Right to Freedom from Improper Irreligious Influence: The Example of Public School Education

    SA de Freitas 

     

    Summary

    To be or not to be? The Role of Private Enquiries in the South African Insolvency Law

    Y Joubert and J Calitz
     

    Summary

    A Historical Overview of the Regulation of Market Abuse in South Africa

    H Chitimira
     

    Summary

    The Problematic Practical Application of Section 1(6) and 1(7) of the Intestate Succession Act under a new Dispensation

    J Jamneck
     

    Summary

    The International Humanitarian Law Notion of Direct Participation in Hostilities – A Review of The ICRC Interpretive Guide and Subsequent Debate

    S Bosch
      Summary

    The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

    V Basdeo
     

    Summary

    The New .Africa Top Level Domain: An African Initiative in Ensuring Africa's Rightful Place on the Global Network

    E Hurter and T Pistorius
      Summary

    The Role of Quality in the Adjudication of Public Tenders

    G Quinot
      Summary

    Die Moontlike Regshervorming van die Integrasiereël in die Suid-Afrikaanse Kontraktereg deur middel van die Leerstuk van Rektifikasie

    T Bekker
      Summary

    Exemption Clauses and the Consumer Protection Act 68 of 2008: An Assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)

    Y Mupangavanhu
      Summary

     

    Note

    The Unconstitutional Practices of the Judicial Service Commission under the Guise of Judicial Transformation: Cape Bar Council V Judicial Service Commission [2012] 2 ALL 143 (WCC)

    MK Radebe

      Summary

      Edition Editor

    Dr Wian Erlank