Browsing Faculty of Law by Title
Now showing items 375-394 of 902
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The implication of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of Nigeria
(Taylor & Francis, 2013)Oil is a major source of income for Nigeria and it is the mainstay of the country’s economy. Nigeria’s intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of ... -
Implications for local government of a single public service
(Community Law Centre, University of the Western Cape, 2008)The Department of Public Service and Administration has published for comment a draft Public Administration Management Bill aimed at creating a single public service. The long-awaited Bill is being promoted as the magic ... -
The implications of corruption for the enjoyment of the right to health in Africa
(ESR Review : Economic and Social Rights in South Africa, 2012)Corruption remains one of the biggest obstacles to development in many African countries. While there is no universally agreed definition of corruption, attempts have been made by scholars to explain what may constitute ... -
Implications of the official designation of Muslim clergy as authorized civil marriage officers for Muslims polygynous interfaith and same sex marriage in South Africa
(University of Western Cape, 2017)From 2014 to 2017 some 227 South African Muslim clergy, including three females, graduated as civil marriage officers in terms of the Marriage Act 25 of 1961. Although now vested with dual capacity to perform both Muslim ... -
The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa
(Intersentia, 2018)South Africa is a young constitutional democracy and developing country. Its main national laws protecting children, namely, the supreme Constitution 19961 and the comprehensive Children's Act 20052 based on its provisions, ... -
In the name of diversity: The disenfranchisement of citizens in an African Federation
(Brill, 2021)The empowerment of ethnic communities is the cornerstone of the constitutional arrangement of the Federal Democratic Republic of Ethiopia. The Constitution organises the state along ethnic lines by using ethnicity as ... -
The incentivisation of inclusionary housing by South African municipalities: A property law perspective
(University of the Western Cape, 2020)Although it is still in its formative stages, the idea of inclusionary housing in South Africa's constitu tional con text is inescapable. The typical characteristic of inclusionary housing is that a developer is required ... -
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
(Nelson R Mandela School of Law, University of Fort Hare, 2007)INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the ... -
Indefinite imprisonment in South Africa: The difference between life and indefinite imprisonment
(Dullah Omar Institute, 2018)In May 2018, Pieter Van Tonder was sentenced to indefinite imprisonment in the Cape High Court. Van Tonder brutally assaulted and murdered the 16-month old baby of his ex-girlfriend. This case happened shortly after the ... -
Initiating constructive debate: a critical reflection on the death penalty in Africa
(Comparative and International Law Journal of Southern Africa, 2006)For the first time in the agenda of the African Commission on Human and Peoples' Rights, during the 36th Ordinary Session (2004), the death penalty was one of the issues discussed. Commissioner Chirwa initiated debate on ... -
Injecting compassion into international wildlife law: from conservation to protection?
(Cambridge University Press, 2017)International wildlife law is concerned with the conservation of sentient species, but generally ignores the welfare of individual animals. It therefore does not reflect a recognition of the moral worth of animals and ... -
The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?
(2021)The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law ... -
Institutional subsidiarity in the South African Constitution
(Stellenbosch Law Review, 2010)This article explores the connection between section 156(4) of the Constitution and the principle of subsidiarity as it is found in legal theory and practice. It explores the historic background of the principle as well ... -
Institutional subsidiarity in the South African constitution
(Juta Law, 2010)This article attempted to clarify the role played by section 156(4) of the Constitution by tracing some of the origins and manifestations of the principle of subsidiarity, on which this provision is modelled. It was argued ... -
Insulating administrative decision-making relating to individual staff appointments from political meddling: Manana v King Sabata Dalindyebo Municipality
(Juta Law, 2012)Introduction: The Local Government: Municipal Systems Act 32 of 2000 (hereafter 'the Municipal Systems Act') provides that the municipal manager is responsible for the appointment of staff, other than managers that report ... -
Inter-country adoption from a Southern and Eastern African perspective
(Washington & Lee Law School, Virginia, 2010)This paper reviews recent developments pertinent to inter-country adoption in Southern and Eastern Africa. In particular, it focuses on the tripartite roles of governments, the judiciary and the international community, ... -
The interaction between family law, succession law and private international law: An introduction
(Intersentia, 2021)At the national level, the rules of substantive family and succession law work with private international law rules created specifically for these substantive laws. Hence, there cannot be any question that there is an ... -
Intergovernmental cooperation, divided societies and capital cities: The case of the Ethiopian capital
(Nomos Verlagsgesellschaft, 2020)Some call it Addis Ababa. Others call it Finfinnee. That is the capital city of the Federal Democratic Republic of Ethiopia. "What's in a name?" In fact, the name is at the centre of the row over the federal capital. ... -
Intergovernmental fiscal relations in South Africa and the role of the Financial and Fiscal Commission: A 20 year review
(Community Law Centre, University of the Western Cape, 2014-07)The Finance and Fiscal Commission is government’s primary advisor with regard to intergovernmental fiscal relations. Its constitutional entrenchment and establishment in 1994 signalled that the post‐apartheid government ... -
Intergovernmental planning and budgeting in Zimbabwe: Learning the lessons of the past
(Commonwealth Journal of Local Governance, 2017)In Zimbabwe, the Prime Minister’s Directives on Decentralisation and Development of 1984 and 1985, together with the Provincial Council and Administration Act 1985, constitute the foundation for postindependence attempts ...