Browsing Research Articles (Faculty of Law) by Title
Now showing items 361-380 of 428
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Specialised anti-corruption courts: A means of promoting sustainable transformation in Africa?
(University of Western Cape, 2019)Corruption is inimical to Africa’s quest for socio-economic transformation. Available empirical evidence highlights a sustained increase of corruption globally, with an equal emphasis on interdisciplinary interventions. ... -
Spectres of Coke: Judicial supervision as a revolutionary inheritance
(Springer Verlag, 2007)Sir Edward Coke is known for having played a central role in establishing the power of the common law courts to exercise a supervisory jurisdiction over the executive/administration. Coke is usually praised in the literature ... -
Spent convictions in Mauritius: Analysing the Police and Criminal Evidence Bill, 2013
(Juta Law, 2015)For many years courts in Mauritius have considered a conviction that was at least 10 years old to be spent for the purpose of sentencing. However, in 2002 the Mauritian Supreme Court held that there was no concept of ... -
Staircase or safety net? Examining the meaning and functioning of RDP house ownership among beneficiaries: A case study of Klapmuts
(University of the Western Cape, 2020)Recognising the apartheid legacy of inaccess to housing and property for the majority of black South Africans, the Constitution entrenches rights of access to housing and property. Since 1994, one of the main ways the ... -
State obligations in international law related to the right to an adequate standard of living for persons with disabilities
(University of the Western Cape, 2017)The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and ... -
States' obligations in relation to access to medicines: revisiting Kenyan High Court decision in P.A.O and others v Attorney-General and another
(Faculty of Law, University of the Western Cape, 2013)Recently a Kenyan High Court in P.A.O and others v Attorney General and another (hereinafter P.A.O) handed down a judgment in relation to sections 2, 32, and 34 of the Anti-Counterfeit Act vis-à-vis Kenya's obligations ... -
Statutory collective bargaining: a duty of fair representation?
(Juta Law, 1993)Introduction:An issue that has received little attention in our law is the nature of a union's duty vis-à-vis its membership in the course of collective bargaining and the consequences of breach of such duty. This is, in ... -
Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction
(Health and Medical Publishing Group (HMPG), 2017)Individuals are increasingly having recourse to assisted or artificial reproduction in order to realise their desire for offspring. This field is currently regulated by the National Health Act No. 61 of 2003 (NHA, or the ... -
Strengthening democracy through investigating, prosecuting and punishing corruption in Mauritius
(The Human Rights and Peace Center (HURIPEC), 2015)There is a close relationship between democracy and corruption. Corruption has a negative effect on the functioning of political and democratic institutions. It affects the delivery of services such as education ... -
Strengthening financial integrity in Nigeria: the national identification harmonization project
(Emerald Publishing Limited, 2022)Purpose – Nigeria needs to improve its national identification coverage to support improved anti-money laundering and combating of financing of terrorism and proliferation (AML/CFT) measures. This study aims to examine its ... -
Sub-regional organisations and the responsibility to protect: A case for the localisation and normative repatriation of sub-regional authority for coercive measures
(Scielo South Africa, 2021)The adoption of the responsibility to protect by the United Nations General Assembly marked a key milestone in the advancement of human security and the international protection of human rights. The textual adoption by the ... -
Substantive equality and maternal mortality in Nigeria
(Routledge and the Commission on Legal Pluralism, 2012)Introduction: It is a tragedy that in the 21st century, when man has explored the moon and other planets and made significant advancement in science and technology, women should continue to die during pregnancy and childbirth. ... -
The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the ... -
Surrogacy, South African style
(International Bar Association Legal Practice Division, 2013)This article reviews the Act’s provisions concerning surrogacy and raises some questions for consideration. -
A survey of corruption and anti-corruption Initiatives in Africa
(University of the Western Cape, 2018)Corruption has blighted national economies in Africa. Although most African states have subscribed to and ratified international and regional anti-corruption conventions, corruption continues unabated. Failure to incorporate ... -
Surveying the research landscape to promote children's legal rights in an African context
(Juta Law, 2007)This article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote ... -
Sustainable development and international economic law in Africa
(University of the Western Cape, 2021)Sustainable development has been advocated by the developed world as a means to ensure that the most widely beneficial type of development occurs. This has resulted in a body of rules, which though well intended, does not ... -
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of Western Cape, 2021)Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ... -
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of the Western Cape, 2022)Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ... -
A Systemically Correct Approach in State Evictions
(Juta, 2020)Evictions at the hand of the state have been litigated and adjudicated with reference to section 26(3) of the Constitution of the Republic of South Africa (“Constitution”) and section 6 of the Prevention of Illegal Eviction ...