Browsing Faculty of Law by Title
Now showing items 830-849 of 902
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Towards a legal and regulatory framework for South African domestic remittances: Some considerations
(AHMR - African Human Mobility Review, 2021)This paper is an exploratory study that examines the legal and regulatory framework for domestic remittances within the South African legal context. The author makes some proposals for consideration in the review of the ... -
Towards a new juvenile justice system in Namibia
(Intersentia, 2019)Namibia ’ s moves towards developing a new juvenile justice system for children in conflict commenced a quarter of a century ago. A country which emerged from the ravages of apartheid colonisation and a bloody civil war ... -
Towards a professionalised municipal administration
(Community Law Centre, University of the Western Cape, 2010)The Department of Cooperative Governance and Traditional Affairs (CoGTA) has published proposed amendments to the Municipal Systems Act which will do much to promote a more professional administration by way of better-qualified ... -
Towards an understanding of repeat violent off ending
(Institute for Security Studies, 2010-07)Th is paper explores South African and international literature relevant to repeat off ending. It reviews the international literature on violent and aggressive behaviour and relevant, but limited, South African literature ... -
Towards comprehensive guidance for states in the African region to respond to children’s rights in emergencies, disasters and pandemics
(Brill Nijhoff, 2021)The covid-19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection ... -
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 ... -
Towards the adoption of the international complaints mechanism for enforcing socio-economic rights under the ICESCR
(2008)Over the years, there has been increasing support for an international complaints mechanism for socio-economic rights. -
Training for police on the Domestic Violence Act
(Community Law Centre, University of the Western Cape, 2009)The inadequate or inappropriate police responses to domestic violence often result from a lack of knowledge of the Domestic Violence Act (DVA) and the National Instruction or from a misinterpretation of the DVA’s provisions. ... -
The transfer of enterprises and the protection of employment benefits in South and Southern Africa
(Faculty of Law, University of the Western Cape, 2004)Introduction:The era of globalisation has brought sweeping change to the workplace. Transfers, mergers, outsourcing and an erosion of employment security have been among the consequences. In a country with an inadequate social ... -
‘Transferring sentenced persons (offenders) to the United Kingdom: highlighting some of the human rights issues courts have had to deal with'
(Centre for International and Public Law, Brunel University London, 2014)As at 30 September 2013 13 per cent of the prison population in England and Wales were foreign national offenders. Convicted UK nationals are also serving prison sentences in foreign jurisdictions. The UK government has ... -
Transnational economic crime: The example of “gold laundering”
(University of the Western Cape, 2018)Allow me first to thank the organisers of this conference for affording me the honour of giving this opening speech. The issues which the conference is addressing indeed are closely interlinked. Corruption almost always ... -
The trial of civilians before courts martial in Uganda: Analysing the jurisprudence of Ugandan courts in the light of the drafting history of articles 129(1)(d) and 120(a) of the constitution
(Academy of Science of South Africa, 2022)Unlike in the constitutions of other African countries such as Botswana and Lesotho, where the relationship between the High Court and courts martial is stipulated, the Ugandan Constitution 1995 (the Constitution) does ... -
Trust deeds as ‘constitutive charters’ and the variation of trust provisions: a South African perspective
(Oxford University Press, 2013)In this article, I assess the constitutive status accorded to trust deeds in Potgieter v Potgieter and Pascoal v Wurdeman, two recent South African judgments on trust variation. In particular, I analyse judicial condemnation ... -
The Tunisian constitutional transition and debates: Islam, women and other actors in the wake of the post Jasmine revolution
(2020)The Arab uprising in Tunisia, dubbed the Jasmine Revolution began in 2010, protesting against unemployment, corruption, injustice and the absence of basic freedoms. The Jasmine Revolution ousted Ben Ali, the then president ... -
Turning paper promises to reality: National Human Rights Institutions and adolescent's sexual and reproductive rights in Africa
(Netherlands Quarterly of Human Rights, 2008)This article examines the history of national human rights institutions (NHRIs) in general including their establishment in Africa. Using examples from three countries - Malawi, Nigeria and South Africa - it critically ... -
udicial oversight required for sales in execution of residential property : legislative and policy reform
(ESR Review : Economic and Social Rights in South Africa, 2011)The Gundwana case was a challenge to the constitutionality of the High Court Rules and practice, which allowed a High Court registrar to grant default judgment, without judicial oversight, declaring immovable property ... -
The Ugandan Customary Marriage (Registration) Act: a comment
(University of Florida, 2013)Different marriages in Uganda are govemed by different pieces of legislation. For example, church or civil marriages are govemed by the Marriage Act (1904),' which is in the process of being amended.^ Muslim marriages ... -
The Ugandan Transfer of Convicted Offenders Act, 2012: A commentary
(Pretoria University Law Press (PULP), 2012)Like many countries, Uganda is home to foreign nationals. The presence of foreign nationals in the prison of a country raises questions regarding their treatment. Countries are increasingly enacting legislation, ratifying ... -
UN Security Council Resolution 2122 (2013) - women, rule of law and transitional justice
(ESR Review : Economic and Social Rights in South Africa, 2014)The UN Security Council passed Resolution 2122 (2013) that aims to strengthen women's role in all stages of conflict prevention and post-conflict reconstruction. The resolution seeks to amplify women's voices at the peace ... -
Unaccompanied and Separated Foreign Children in the Care System in the Western Cape – A Socio-Legal Study
(Potchefstroom Electronic Law Journal, 2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ...