Research Articles (Faculty of Law): Recent submissions
Now showing items 41-60 of 426
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South Africa
(ASSER Press, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and maintenance ... -
Aspects of Dutch Colonial family law related to the Indonesian Rajah of Tambora's exile at the Cape
(Cambridge University Press, 2020)'As far as family law is concerned, we in South Africa have ... every kind of family ... This is the result of ... history ... Our families are suffused with history, as family law is suffused with history, culture, belief ... -
The rise of corruption in Ethiopia: Is a lack of constitutionalism to blame?
(Oxford, 2020)In 2001, a political division arose within the Tigray People Liberation Front (TPLF)1 , arguably the core the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), the ruling party and a coalition of four ethnic-based ... -
Serbia the case of 'missing babies' in Serbia before the European court of human rights
(Cambridge Core, 2019)In the case of Zorica Jovanovic v. Serbia, initiated before the European Court of Human Rights (ECtHR) in April 2008, the applicant complained of the continuing failure of the Serbian authorities to provide her with any ... -
Second chamber as a site of legislative intergovernmental relations: An African federation in comparative perspective
(Routledge, 2021)South Africa, a country that does not recognize itself as a federation, has established a second chamber that is probably ideal for legislative intergovernmental relations. The National Council of Provinces is ... -
Equality and Advantage in Emerging Federations and the Dilemma of Non-Renewable Natural Resources: The Cases of the Solomon Islands and Trinidad and Tobago
(Brill, 2021)In many fragmented societies, where identifiable groups are clustered in distinct territorial areas, conflict often revolves around ownership, control and access to the benefits of non-renewable natural resources (nrnr s), ... -
An analysis of the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession : a South African case study
(Obiter, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
Confiscation of proceeds of crime in Vietnam: improving the legal framework
(2021)Purpose – The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on ... -
An Analysis of the Right of Muslim Adopted Children to Inherit from their Deceased Parents in terms of the Law of Succession: A South African Case Study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
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' ... -
An analysis of the contribution of the African human rights system to the understanding of the right to health
(African Human Rights Law Journal, 2021)The right to health is one of the important rights guaranteed in international and regional human rights instruments. Over the years the content and nature of this right have evolved through the works of scholars and ... -
Carpe Pecuniam: Criminal forfeiture of tainted legal fees
(Pretoria University Law Press, 2020)A person charged with money laundering has a right to legal representation and a lawyer is entitled to defend such person. What if the lawyer is paid with dirty money? This paper explores the legal status of tainted ... -
Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
(Juta, 2021)John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' ... -
An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
(ASSAf, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(University of Zurich, 2021)Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This ... -
An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
Towards equality for women with disabilities in South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities
(2021)The United Nations Convention on the Rights of Persons with Disabilities provides for various rights that must be prioritised by states parties which have signed and ratified it, with particular emphasis on the right to ... -
Legal and social complexities relating to practice of arranged and forced marriages
(Academy of Islamic Studies, University of Malaya, 2021)The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, ... -
South African National Defence Force (SANDF) drops charges against hijab-wearing officer: Case in point South Africa
(Academy of Islamic Studies, University of Malaya, 2021)Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and ...