Browsing Research Articles (Faculty of Law) by Title
Now showing items 248-267 of 432
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Of newborns and nubiles: some critical challenges to children's rights in Africa in the era of HIV/AIDS
(Brill Academic Publishers, 2005)The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children's rights, ... -
Of norms and ambiguity: the contested authority of UN security council and African Union in the use of force in Africa
(University of the Western Cape, 2023)There has been a renewed interest in the debates on the use of force. This resurgence in academic and policy circles can be attributed to the new wave of military interventions after the initial hiatus of the Global War ... -
Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law
(Juta Law, 2008)Introduction: Although in labour law the term ‘employment relationship’ means more than a contractual relationship, in the vast majority of cases the contract of employment serves as ‘port of entry’ to the employment ... -
On amorphous terms, terrorism and a feeble judiciary: Analysing the dissenting judgment in Maseko v Prime Minister of Swaziland and Others (2016)
(UNISA Press, 2017)On 16 September 2016, the Swaziland High Court delivered judgment in the matter between Maseko and others v Prime Minister of Swaziland and others [2016] SZHC 180, in which it declared certain provisions of the Suppression ... -
On crime and punishment: Derrida reading Kant
(Springer Nature, 2019)This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifcally Kant’s refections on the sovereign ... -
On equating ‘mays’ with ‘musts’: When can a discretionary power be interpreted as a mandatory one?
(Juta, 2021)In this article I investigate when the otherwise permissive term 'may' in an empowering provision can be interpreted as imposing a duty on the recipient of that power to act. In the first part, I examine our courts' ... -
“One moment of extreme irresponsibility”: notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving
(University of the Western Cape, 2013)The 2013 judgment of the Supreme Court of Appeal in Humphreys v The State has provided a measure of clarity as regards the application of the principles of dolus eventualis, particularly the volitional component thereof ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(African Human Rights Law Journal, 2021)In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(African Human Rights Law Journal, 2021)In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(University of Pretoria, 2021)In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of ... -
Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2009)The 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the ... -
Overcoming the past and shaping the future: The quest for relevance in teaching and researching public administration in Africa
(Springer, 2021)The status of teaching and research on public administration in Africa countries, in many respects, remains a vestige of the colonial era and this is reflected in the epistemologies that underpin the design of the curricula ... -
An Overview of Divorce and Dispute Resolution in Islamic Law
(LexisNexis, 2004)This article is based on a paper presented at International Conference on Divorce: Causes and consequences held in Beijing in July 2004 and sponsored by the International Society of Family Lawyers and China University of ... -
An overview of the first draft of the conduct of financial institutions bill and the potential impact on the national payment system in South Africa
(Juta Law, 2020)Over the last decade National Treasury (‘Treasury’) has been rigorously acting on its commitment to promote a stable and safe financial sector for South Africa. The means by which Treasury elected to do so was the decision ... -
Overview of the role-players in the investigation, prevention and enforcement of market-abuse provisions in South Africa
(Nelson Mandela university, 2013)This article analyses the role and effectiveness of selected key role-players primarily dealing with the investigation, prevention and enforcement of the market abuse prohibition in South Africa in order to increase awareness ... -
Palliative care for terminally ill inmates: Does the state have a legal obligation?
(Juta Law, 2012)‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right ... -
Parliamentary oversight of extractive industries
(University of the Western Cape, 2018)Africa has experienced a boom in extractive industries since the beginning of this century. Extractive companies often are exposed not just to government patronage, but also to requests to consider local third-party ... -
Part two: Debunking prevailing scholarly views pertaining to the apostasy of alleged descendants of Shaykh Yusuf of Makassar
(UIN Sunan Kalijaga, 2020)This paper is the second part of the two articles that discuss the controversy over the conversion of religion in the family of Shaykh Yusuf of Makassar after being exiled in South Africa during the Dutch colonial period ... -
Pashukanis on crime and punishment
(University of Pretoria, 2013)Evgeny Pashukanis deservedly is famous as the author of the so-called commodity form theory of law. In his Law and Marxism he postulated that the form of legal relations held the key to the Marxist critique of law and ... -
Peacebuilding and the Interface of State Law and Indigenous Market Laws in Southern Nigeria
(2020)How the interface of state law and indigenous market laws contributes to peacebuilding in Nigeria is an unexplored question that demands attention. First, law, human security and peace are interrelated through the cultural ...