Browsing Research Articles (Faculty of Law) by Title
Now showing items 412-428 of 428
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Warrantless search and seizures by the South African police service: Weighing up the right to privacy versus the prevention of crime
(Academy of Science of South Africa, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ... -
Well worth the wait? The Sexual Offences Bill in 2006
(Institute for Security Studies (ISS), 2006)The Sexual Offences Bill finally seems to be winding its way to conclusion in parliament. It has taken three years to reach this point since its first introduction in 2003, raising serious questions about the government's ... -
What gender legislative reforms have meant for women in South Africa
(2021)South Africa is a much better place to live in today than before 1994. Having witnessed a largely peaceful transition from a pariah apartheid State to a democratic State where equality is guaranteed before the law, the ... -
What happened to the Child Justice Bill? The process of law reform relating to child offenders
(Institute for Security Studies (ISS), 2006)Children who are accused of crimes in South Africa are governed by the same legislation as adults. The urgent need to develop a separate child justice system culminated in the release of the draft Child Justice Bill in ... -
What is the future of collective bargaining (and Labour Law) in South Africa?
(Juta Law, 2007)Introduction: Collective bargaining has a long history. The term is said to have been coined around 1890 by the British labour movement pioneer, Beatrice Webb. By then the practice of wage negotiations between trade unions ... -
What is the future of polygyny (polygamy) in Africa?
(Academy of Science of South Africa, 2017)The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the ... -
When a relationship has reached its expiration date, does the same apply to the embryos under South African Law? - research
(Nelson Mandela Metropolitan University, 2017)Individuals are more frequently having recourse to assisted reproductive technologies (ART) to realize their desire for offspring. Where they do so, they may choose to fertilize their gametes and implant the resultant ... -
When does affirmative action in favour of certain employees become unfair discrimination against others
(Sage Publications, 2001)The paper is concerned with the practical question of the circumstances under which measures which might otherwise have amounted to unfair discrimination will amount to affirmative action and will therefore be lawful. It ... -
When is a donor a daddy? Informal agreements with known sperm donors: Lessons from abroad
(Nelson Mandela University, 2021)Individuals are increasingly entering into informal agreements with known sperm donors in order to either circumvent the costs involved in using fertility centres or owing to personal beliefs and preferences. When they do ... -
Who are “the people” in the German constitution? A critique of, and contribution to, the debate about the right of foreigners to vote in multilevel democracies
(2021)Democracy means power to the people, but it is not always clear who belongs to "the people". The question has become pertinent in the age of migration where large groups of foreigners permanently reside outside their ... -
Why the Supreme Court of Uganda should reject the Constitutional Court's understanding of imprisonment for life
(Pretoria University Law Press (PULP), 2008)The issue of life imprisonment is always a contentious one. Some people argue that life imprisonment should mean what it means, namely 'wholelife'. In Uganda, life imprisonment continues to mean imprisonment of 20 years. ... -
Win some, lose some: the 10th ordinary session of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2008)The African Committee of Experts on the Rights and Welfare of the Child, the monitoring body of the African Charter on the Rights and Welfare of the Child, held its 10th ordinary session in October 2007. This discussion ... -
'Woman, but not human': widowhood practices and human rights violations in Nigeria
(Oxford University Press (OUP), 2013)This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria ... -
Women and the Islamic Law of Intestate Succession
(African Law Review, 1994)Islamic law of succession consists of two parts mainly voluntary and compulsory. The voluntary part reers to the limited freedom of testation where a muslim can dispose of 1/3 of his or her assets via a will. Normally this ... -
Women's eligibility for the qadiship (judicial office)
(AWRAQ, 1998)There is no express Qur'anic text or tradition (Sunna) of Prophet Muhammed (P.B.U.H) for against the idea of women occupying the office of judge (qadi) which implies that God never intended to discriminate in this area. ... -
Workers in small business: the forgotten people
(Juta Law, 1994)Introduction:The present-day concentration by government, private sector organizations and academics on the small and informal business sectors is undoubtedly a sign of the times. Until some 20 years ago small business ... -
Yet another missed opportunity to develop the Common Law of Contract? An analysis of Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd [2011]ZACC 30
(Nelson R Mandela School of Law, 2013)Courts are under a general obligation to develop common law by applying constitutional values as mandated by sections 8(3), 39(2) and 173 of the Constitution. There have been attempts by part of the judiciary and calls ...
