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Potchefstroom Electronic Law Journal

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1.

Security Constitution: Issues to Consider in Crime and Punishment Following the Biblical Perspective

Number of pages: 8 Posted: 10 Jan 2020
Working Paper Series
Medonice Consulting and Research Institute
Downloads 7
2.

The Application and Interpretation by South African Courts of General Renvoi Clauses in South African Double Taxation Agreements

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 32 Posted: 06 Jan 2020
Accepted Paper Series
Stellenbosch University
Downloads 4
3.

The Resonance of Colonial Era Customary Codes in Contemporary Uganda

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 25 Posted: 06 Jan 2020
Accepted Paper Series
Regent University - School of Law
Downloads 8
4.

Harmonising Legal Values and uBuntu: The Quest for Social Justice in the South African Common Law of Contract

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 25 Posted: 09 Dec 2019
Accepted Paper Series
University of South Africa - School of Law
Downloads 8
5.

The Price of Sadness: Comparison between the Netherlands and South Africa

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 36 Posted: 25 Nov 2019
Accepted Paper Series
Nelson Mandela Metropolitan University (NMMU) and Nelson Mandela Metropolitan University (NMMU)
Downloads 5
6.

Curriculum Decolonisation and Revisionist Pedagogy of African Customary Law

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 37 Posted: 25 Nov 2019
Accepted Paper Series
University of the Western Cape
Downloads 5
7.

Prêt-à-Porter Procreation: Contemplating the Ban on Preimplantation Sex Selection

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 36 Posted: 25 Nov 2019
Accepted Paper Series
University of KwaZulu-Natal
Downloads 7
8.

Progressive Realisation of Muslim Family Law: The Case of Tunisia

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 28 Posted: 25 Nov 2019
Accepted Paper Series
University of the Western Cape
Downloads 11
9.

The Effectiveness of Plea and Sentence Agreements in Environmental Enforcement in South Africa

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 41 Posted: 25 Nov 2019
Accepted Paper Series
affiliation not provided to SSRN, University of the Witwatersrand and University of the Witwatersrand
Downloads 1
10.

The Question Is 'Should Insurers Continuously Update Policyholder Records'? Insurance Law Requires the Principles of Administrative Law to Settle Disputes between the Policyholder and the Insurer

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 24 Posted: 25 Nov 2019
Accepted Paper Series
North West University
Downloads 3
11.

The 'Necessity Test' As Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 17 Posted: 25 Nov 2019
Accepted Paper Series
University of the Free State
Downloads 4
12.

Interpretation Before and After Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA)

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 29 Posted: 25 Nov 2019
Accepted Paper Series
University of KwaZulu-Natal
Downloads 9
13.

Legal Pluralism, uBuntu and the Use of Open Norms in the South African Common Law of Contract

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 37 Posted: 25 Nov 2019
Accepted Paper Series
University of South Africa - School of Law
Downloads 5
14.

Judicial Defence of Constitutionalism in the Assessment of South Africa's International Obligations

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 23 Posted: 25 Nov 2019
Accepted Paper Series
North-West University
Downloads 3
15.

The Effectiveness of Plea and Sentence Agreements in Environmental Enforcement in South Africa

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 41 Posted: 06 Nov 2019
Accepted Paper Series
University of the Witwatersrand - School of Law and University of the Witwatersrand
Downloads 12
16.

The Influence of 'Reasonableness' on the Element of Conduct in Delictual or Tort Liability - Comparative Conclusions

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 34 Posted: 11 Oct 2019
Accepted Paper Series
University of South Africa - School of Law
Downloads 21
17.

Director's Duty to Act for a Proper Purpose in the Context of Distribution under the Companies Act 71 of 2008

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 44 Posted: 02 Oct 2019
Accepted Paper Series
University of Fort Hare
Downloads 2
18.

The Protection of Conscientious Objection against Euthanasia in Health Care

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 32 Posted: 02 Oct 2019
Accepted Paper Series
FEDSAS South Africa and University of the Free State - Faculty of Law
Downloads 12
19.

Property and 'Human Flourishing': A Reassessment in the Housing Framework

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 27 Posted: 28 Aug 2019
Accepted Paper Series
University of South Africa - Department of Public, Constitutional, and International Law
Downloads 13
20.

The Legal and Economic Challenges for Single Interconnector Companies in the European Electricity Market – The Baltic Cable Case

Number of pages: 17 Posted: 21 Aug 2019
Working Paper Series
Statkraft Markets B.V., White & Case LLP and Statkraft Markets GmbH
Downloads 58
21.

Tagging and Tracking of Persons with Albinism: A Reflection of Some Critical Human Rights & Ethical Issues Arising from the Use of the Global Positioning System (GPS) As Part of a Solution to Cracking Down on Violent Crimes Against Persons with Albinism

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 27 Posted: 26 Jul 2019
Accepted Paper Series
University of South Africa, School of Law, Dept. of Jurisprudence
Downloads 6
22.

Securing Trade Deals: Matters of Longer Term National Interests or Short Term Economic Interests?

Number of pages: 9 Posted: 23 Jul 2019
Working Paper Series
American Accounting Association
Downloads 14
23.

An Analysis of the Public Protector's Investigatory and Decision-Making Procedural Powers

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 28 Posted: 17 Jul 2019
Accepted Paper Series
University of the Witwatersrand and University of the Witwatersrand
Downloads 3
24.

The Constitutional Rules of Succession to the Institution of Monarch in Lesotho

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 29 Posted: 17 Jul 2019
Accepted Paper Series
University of Limpopo
Downloads 4
25.

The Ratification of Inadequate Surrogate Motherhood Agreements and the Best Interest of the Child

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 26 Posted: 17 Jul 2019
Accepted Paper Series
University of Cape Town (UCT)
Downloads 5
26.

Beyond the Contours of Normally Acceptable Political Violence: Is Cameroon a Conflict/Transitional Society in the Offing?

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 32 Posted: 17 Jul 2019
Accepted Paper Series
North-West University and University of Johannesburg
Downloads 9
27.

Public Participation in African Constitutionalism (Book Review)

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 7 Posted: 17 Jul 2019
Accepted Paper Series
University of London, School of Oriental and African Studies (SOAS), School of Law
Downloads 15
28.

The Right to be Granted Access over the Property of Others in Order to Enter Prospecting or Mining Areas: Revisiting Joubert v Maranda Mining Company (PTY) LTD [2009] 4 ALL SA 127 (SCA)

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 29 Posted: 17 Jul 2019
Accepted Paper Series
North-West University - Faculty of Law
Downloads 3
29.

The Application of International Human Rights Instruments in Outer Space Settlements: Today's Science Fiction, Tomorrow's Reality

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 43 Posted: 17 Jul 2019
Accepted Paper Series
University of South Africa and North-West University
Downloads 21
30.

Damages Arising from Contraventions of Competition Act 89 of 1998

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 30 Posted: 17 Jul 2019
Accepted Paper Series
University of Pretoria
Downloads 1
31.

Introducing a Serpent into the Garden of Collective Bargaining: A Case Analysis of Numsa Obo Members v Elements Six Productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017)

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 20 Posted: 15 Jul 2019
Accepted Paper Series
University of Fort Hare and University of Fort Hare
Downloads 2
32.

Taxpayers' Residence as a Basis for Exercising Tax Jurisdiction: A Conceptual Analysis

Journal of Law and Judicial System, Volume 1, Issue 1, 2017, PP 18-35
Number of pages: 18 Posted: 11 Jul 2019
Accepted Paper Series
Faculty of Law, Bayero University, Kano - Nigeria
Downloads 4
34.

The Constitutional Protection Afforded to Child Victims and Child Witnesses while Testifying in Criminal Proceedings in South Africa

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 50 Posted: 13 Jun 2019
Accepted Paper Series
University of South Africa
Downloads 7
35.

The Constitutionality of the Prohibition of Hate Speech in Terms of Section 10(1) of the Equality Act: A Reply to Botha and Govindjee

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 37 Posted: 30 May 2019
Accepted Paper Series
University of the Free State - Faculty of Law and University of the Free State
Downloads 12
36.

The Search and Seizure of Digital Evidence by Forensic Investigators in South Africa

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 42 Posted: 22 May 2019
Accepted Paper Series
North West University and North West University
Downloads 71
37.

Challenges Surrounding the Adjudication of Women's Rights in Relation to Customary Law and Practices in Tanzania

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 29 Posted: 22 May 2019
Accepted Paper Series
University of KwaZulu-Natal
Downloads 3
38.

'Innovative Orders' Under the South African Consumer Protection Act 68 of 2008

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 32 Posted: 22 May 2019
Accepted Paper Series
Law Faculty, University of Cape Town and Esselaar Attorneys
Downloads 3
39.

The Million Rand Question: Does a Civil Marriage Automatically Dissolve the Parties' Customary Marriage?

Potchefstroom Electronic Law Journal, Vol. 22, 2019
Number of pages: 25 Posted: 22 May 2019
Accepted Paper Series
University of Cape Town (UCT) - Faculty of Law
Downloads 4
40.

The South African Class Action Mechanism: Comparing the Opt-In Regime to the Opt-Out Regime

Potchefstroom Electronic Law Journal, Vol. 2019, 22
Number of pages: 17 Posted: 22 May 2019
Accepted Paper Series
Stellenbosch University
Downloads 10
41.

Comparative Constitutional Studies – Between Magic and Deceit

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 7 Posted: 16 May 2019
Accepted Paper Series
affiliation not provided to SSRN and North-West University
Downloads 14
42.

Publish or Perish. Perceived Benefits Versus Unintended Consequences

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 8 Posted: 16 May 2019
Accepted Paper Series
North-West University
Downloads 4
43.

The Constitutionalisation of the Test for Statutory Illegality in South African Contract Law: Cool Ideas v Hubbard 2014 4 SA 474 (CC)

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 38 Posted: 15 May 2019
Accepted Paper Series
affiliation not provided to SSRN and University of the Witwatersrand
Downloads 2
44.

The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 25 Posted: 15 May 2019
Accepted Paper Series
University of the Free State
Downloads 2
45.

The Reasonable Accommodation of Employees with Cancer and their Right to Privacy in the Workplace

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 31 Posted: 15 May 2019
Accepted Paper Series
University of South Africa - School of Law
Downloads 4
46.

Modderklip Revisited: Can Courts Compel the State to Expropriate Property Where the Eviction of Unlawful Occupiers Is not Just and Equitable?

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 20 Posted: 15 May 2019
Accepted Paper Series
University of the Witwatersrand
Downloads 14
47.

Attacks on the Judiciary: Undercurrents of a Political Versus Legal Constitutionalism Dilemma?

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 23 Posted: 15 May 2019
Accepted Paper Series
University of the Witwatersrand
Downloads 5
48.

The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence Under Siege?

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 24 Posted: 15 May 2019
Accepted Paper Series
University of Limpopo
Downloads 11
49.

Beyond Sexual Binaries? The German Federal Constitutional Court and the Rights of Intersex People

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 26 Posted: 15 May 2019
Accepted Paper Series
Stellenbosch University
Downloads 10
50.

Delivery of the Compulsory Section 129(1) Notice as Required by the National Credit Act of 2005

Potchefstroom Electronic Law Journal, Vol. 21, 2018
Number of pages: 39 Posted: 14 May 2019
Accepted Paper Series
University of South Africa and University of South Africa - School of Law
Downloads 2