Browsing Faculty of Law by Title
Now showing items 321-340 of 902
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The functus officio doctrine and invalid administrative acts in South African administrative law: the demand for a more flexible approach
(Nelson R Mandela School of Law, 2020)In South African administrative law, the issue of invalid administrative action in relation to the application of the doctrine of functus officio has brooked a fair amount of debate. Whilst the courts have attempted to ... -
Fundamentals of anti-bribery and anti-corruption compliance in South Africa
(University of Western Cape, 2019)Corruption is endemic in jurisdictions throughout the world. The financial and reputational risks that follow incidents of corrupt activity within an organisation are considerable. Often they can be quite severe. The ... -
The future of African customary law
(Elsevier, 2012)It s intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] considers the characteristics of customary law and efforts to ascertain and codify ... -
Gender construction in sexual offences cases: A case for fully reviving the Sexual Offences Courts
(Juta, 2020)Gender inequality, male hegemony and the power dynamics at the core of patriarchal society enable the high rate of sexual offences and the low conviction rate of sexual offenders when incidents are reported. The criminal ... -
A gendered analysis of Section 48(2)(d) of the Zimbabwean Constitution of 2013
(Oxford University Press, 2017)The purpose of this article is to critically review the provision of section 48 (2) (d) of the Zimbabwean Constitution from a gendered perspective. Section 48 (2) (d) of the Constitution would seem to have abolished death ... -
Genuine autonomous work: toward a tailor-made social protection
(Palgrave Macmillan, 2022)This chapter aims at providing a conceptual framework to social protection of genuine autonomous work, with a reference to solopreneurs, analyzing socioeconomic risks and needs they are facing and that may differ from the ... -
The ghostly dance of Zarathustra
(2013)Reading of C.W. Maris’s Nietzsche-Niëzky-Nijinsky: De Dans van Zarathustra (2004) and De Dans van Zarathustra: Nietzsche en de vrolijke rechtswetenschap (2006). -
The Gift and the meaning-giving subject: A Reading of Given Time
(Springer, 2010)In this essay the relation between justice and the gift in Derrida’s thinking is explored. The essay shows that an understanding of the ontological difference or the relation between Being and beings in Heidegger’s thinking ... -
Giving effect to the right to adequate housing : the need for a coherent (national) policy on special needs housing : legislationtion and policy review
(ESR Review : Economic and Social Rights in South Africa, 2006)According to the Centre for Housing Rights and Evictions (2006), the right to housing is one of the most widely violated human rights. Over a billion people worldwide have inadequate housing -
Giving money to children: the state's constitutional obligations to provide child support grants to child headed households
(South African Journal on Human Rights, 2004)One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of households headed by children. These new family configurations pose a wide range of ... -
Going the extra mile: police training on domestic violence
(Institute for Security Studies, 2010)As anticipated by the drafters of the Domestic Violence Act (DVA), the South African Police Service holds the key to the successful implementation of the Act. Over the past ten years, researchers and independent bodies ... -
Gold laundering: The dirty secrets of the gold trade — and how to clean up
(University of Western Cape, 2019)For centuries, humankind has been fascinated by the glitz and glamour of gold. With its multiple uses, ranging from components in mobile phones to medicine, gold remains one of the oldest and most sought after commodities. ... -
Government's obligation to unlawful occupiers and private landowners
(ESR Review : Economic and Social Rights in South Africa, 2010)On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be ... -
Grappling with the scourge of money laundering during the Covid-19 pandemic in South Africa
(University of the Western Cape, 2022)The deadly COVID-19 pandemic has unfortunately presented new opportunities for perpetrators to exploit. As such, hefty amounts of economic crimes such as money laundering and money laundering threats were committed from ... -
Grootboom: A paradigm of individual remedies versus reasonable programmes
(Southern African Public Law, 2011)The decision of the Constitutional Court (the Court) in the case of Government of the Republic of South Africa versus Grootboom was received as ground breaking by human rights practitioners, scholars and advocates the world ... -
A guardian of universal interest or increasingly out of its depth? The International Seabed Authority turns 25
(Brill Academic Publishers, 2020)In contemporary debates on the authority of global institutions, there is an important yet often overlooked organisational curiosity: namely, the International Seabed Authority (‘ISA’). The ISA reflects a highpoint in ... -
A guide to the rights of inmates as described in the Correctional Services Act and regulations
(Community Law Centre, University of the Western Cape, 2010)The Correctional Services Act (111 of 1998) was promulgated in 2004 creating a rights-based framework for South Africa’s prison system. In 2008 the Correctional Services Act was amended by the Correctional Services Amendment ... -
Guide to the UN Convention against torture in South Africa
(Civil Society Prison Reform Initiative, 2008)This publication is a guide to the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (CAT) for the South African context. The guide is furthermore aimed at civil society organisations ... -
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ...