Browsing Research Articles (Faculty of Law) by Title
Now showing items 301-320 of 426
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Race, class and restorative justice: achilles heel, glass ceiling or crowning glory
(Juta Law, 2004)This article reports on a research project aimed at assessing the impact of race and class disparity in restorative justice processes in South Africa. It was conducted against the backdrop of the inclusion of family group ... -
Realisation or oversight of a constitutional mandate? Corrective rape of black African lesbians in South Africa
(Pretoria University Law Press (PULP), 2015)Corrective rape is a form of sexual punishment by men towards lesbians in order to cure them of their sexual orientation. Black African lesbians are victims of corrective rape, particularly those in townships who are seen ... -
Realising children's rights to legal representation and to be heard in judicial proceedings: an update
(Juta Law, 2008)South Africa still has some way to go towards ensuring that children's rights to legal representation and to be heard are fully implemented in relation to judicial proceedings affecting them. Nonetheless, some emerging ... -
Realising the right of access to water: pipe dream or watershed?
(University of the Western Cape, 2003)The article assesses the implications of the Grootboom judgment on the right of access to water. The free basic water policy intends six free kilolitres of water per household per month to be funded from the equitable share ... -
Reaping “bumper harvests” during the Covid-19 pandemic: Interrogating the dynamics of corruption during the procurement of relief and healthcare items in Uganda
(University of the Western Cape, 2022)The discovery of the coronavirus (SARS-CoV2 or COVID-19) in Wuhan, China was considered a Chinese problem by Ugandans until confirmation of the first positive test in the country, in March 2020. The government went into ... -
Recent developments Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
(Pretoria University Law Press, 2015)This article reviews the recent judgment of the Constitutional Court of Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others, which has been hailed with acclaim worldwide. ... -
Regional frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014)This article discusses the safeguarding movement in the context of child protection. After providing it’s key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child ... -
Religious persecution as a crime against humanity: ending impunity
(International Institute for Religious Freedom, 2013)Religious persecution manifests itself in various harmful ways. Traditional intervention strategies are useful but limited. The article explores the need to reinforce the combating of religious persecution with the ... -
Relocation decisions: do culture, language and religion matter in the rainbow nation?
(Centre for Family Law and Practice, London Metropolitan University, 2010)This article turns to culture, language and religion as constitutional constructs in South Africa, in an attempt to clarify their importance generally. The position prior to the Children’s Act is discussed. The article ... -
Restoring the ‘historical deficit’: The exercise of the right to freedom of religion and culture in democratic South Africa
(Taylor & Francis, 2013)On 18 January 1960, LIFE magazine began a series of articles on democracy around the world. The newly independent nation of Ghana (1957) was featured in Part 1 and the cover photograph was of Augustus Molade Akiwumi, the ... -
Rethinking power and law: Foucault’s Society must be Defended
(Springer, 2011)Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be ... -
Rethinking the notion of a 'higher law': Heidegger and Derrida on the Anaximander fragment
(Springer, 2009)The Anaximander fragment, in the readings of both Heidegger and Derrida, speaks of that which exceeds positive law. In this article, the author provides a detailed reading of Heidegger’s Der Spruch des Anaximander, showing ... -
Rethinking the right to water in rural Limpopo
(Pretoria University Law Press, 2020)For decades Africa has been losing billions of dollars every year as a result of illicit financial flows. When export and import figures are tampered with this has the tendency to erode the tax base. It is common cause ... -
Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction
(CEDRED Publications, 2021)Various steps have been taken in both East and Southern Africa to combat the vice of moneylaundering. Notable steps are evident in Kenya as the business hub for East Africa. The era ofglobalisation has without a doubt led ... -
Revisiting Plato’s Pharmacy
(Springer, 2010)In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number ... -
Revisiting the normative framework of the African Commission on Human and Peoples’ Rights in the context of evidence obtained through human rights violations: Has it served its purpose?
(2018)This article examines the normative context of the African Commission on Human and Peoples’ Rights in dealing with evidence obtained through human rights violations, and whether it serves its purpose. It unpacks the concept ... -
The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child
(2021)The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations ... -
The right to health in respect of terminally ill persons in South Africa
(2014)It is probably true that „death is the great equalizer‟ amongst human beings and that some of its „cousins: illness, dementia, physical debility, and advance age‟2 can ensure a journey marked by severe pain and suffering ... -
The right to return to one's country in Africa: Article 12(2) of the African Charter on Human and Peoples' Rights
(Scielo South Africa, 2021)At the height of the COVID-19 pandemic many African countries barred people, including citizens and foreign nationals, from entering or leaving their territories. This was the case although article 12(2) of the African ... -
The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
(Academy of Science of South Africa, 2016)Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred ...