Browsing Faculty of Law by Title
Now showing items 881-900 of 912
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Warrantless search and seizures by the South African police service: Weighing up the right to privacy versus the prevention of crime
(Academy of Science of South Africa, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ... -
Water delivery: public or private?
(Community Law Centre, University of the Western Cape, 2006)The landscape within which human rights are protected and realised has changed dramatically in the last few decades. One of the main driving forces for this change is economic globalisation and the weakening of ... -
Welfare pluralism in health: Assessing Zimbabwe’s policy response to HIV/AIDS with reference to Mbare Distrct, Harare
(International Journal of Humanities and Social Science, 2012)The article is on Welfare Pluralism and focuses on Zimbabwe’s policy responses to HIV/AIDS with reference to Mbare Disrict, Harare. Quantitative primary data was systematically collected from a sample of individuals from ... -
Well worth the wait? The Sexual Offences Bill in 2006
(Institute for Security Studies (ISS), 2006)The Sexual Offences Bill finally seems to be winding its way to conclusion in parliament. It has taken three years to reach this point since its first introduction in 2003, raising serious questions about the government's ... -
What gender legislative reforms have meant for women in South Africa
(2021)South Africa is a much better place to live in today than before 1994. Having witnessed a largely peaceful transition from a pariah apartheid State to a democratic State where equality is guaranteed before the law, the ... -
What happened to the Child Justice Bill? The process of law reform relating to child offenders
(Institute for Security Studies (ISS), 2006)Children who are accused of crimes in South Africa are governed by the same legislation as adults. The urgent need to develop a separate child justice system culminated in the release of the draft Child Justice Bill in ... -
What is the future of collective bargaining (and Labour Law) in South Africa?
(Juta Law, 2007)Introduction: Collective bargaining has a long history. The term is said to have been coined around 1890 by the British labour movement pioneer, Beatrice Webb. By then the practice of wage negotiations between trade unions ... -
What is the future of polygyny (polygamy) in Africa?
(Academy of Science of South Africa, 2017)The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the ... -
When a relationship has reached its expiration date, does the same apply to the embryos under South African Law? - research
(Nelson Mandela Metropolitan University, 2017)Individuals are more frequently having recourse to assisted reproductive technologies (ART) to realize their desire for offspring. Where they do so, they may choose to fertilize their gametes and implant the resultant ... -
When does affirmative action in favour of certain employees become unfair discrimination against others
(Sage Publications, 2001)The paper is concerned with the practical question of the circumstances under which measures which might otherwise have amounted to unfair discrimination will amount to affirmative action and will therefore be lawful. It ... -
When is a donor a daddy? Informal agreements with known sperm donors: Lessons from abroad
(Nelson Mandela University, 2021)Individuals are increasingly entering into informal agreements with known sperm donors in order to either circumvent the costs involved in using fertility centres or owing to personal beliefs and preferences. When they do ... -
When poverty is not a sin: an assessment of the Human Rights Council's guiding principles on poverty and human rights
(African Journal of International and Comparative Law, 2014)There is nothing new about poverty. What is new, however, is that we have the resources to get rid of it ... In the final analysis, the rich must not ignore the poor because both rich and poor are tied in a single garment ... -
Who are “the people” in the German constitution? A critique of, and contribution to, the debate about the right of foreigners to vote in multilevel democracies
(2021)Democracy means power to the people, but it is not always clear who belongs to "the people". The question has become pertinent in the age of migration where large groups of foreigners permanently reside outside their ... -
Who can appoint commissions of enquiry: conducting a 'section 106 investigation'
(Community Law Centre, University of the Western Cape, 2008)If the member of a province's executive council (MEC) responsible for local government suspects maladministration, fraud, corruption or any other serious malpractice in a municipality, that MEC must designate a person or ... -
The WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument? Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”
(International Journal of Health Policy Management, 2018)The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the ... -
Why the Supreme Court of Uganda should reject the Constitutional Court's understanding of imprisonment for life
(Pretoria University Law Press (PULP), 2008)The issue of life imprisonment is always a contentious one. Some people argue that life imprisonment should mean what it means, namely 'wholelife'. In Uganda, life imprisonment continues to mean imprisonment of 20 years. ... -
Win some, lose some: the 10th ordinary session of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2008)The African Committee of Experts on the Rights and Welfare of the Child, the monitoring body of the African Charter on the Rights and Welfare of the Child, held its 10th ordinary session in October 2007. This discussion ... -
The withering away of politically salient territorial cleavages in South Africa and the emergence of watermark ethnic Federalism
(Oxford University Press, 2019)The policy of apartheid was an attempt to territorialize the white/black racial cleavage through the creation of bantustans, confining black political aspirations to 13 percent of the country, while the remainder of the ... -
The withholding of rates and taxes in five local municipalities
(Community Law Centre, University of the Western Cape, 2010)The Community Law Centre, in partnership with the German Agency for Technical Cooperation (GTZ) and SALGA, recently completed a research project on the phenomenon of rates withholding in five South African municipalities. ... -
Wolf in sheep's clothing?
(Community Law Centre, University of the Western Cape, 2009)Section 156(1) of the Constitution is the basis for the status of local government in the Constitution. It provides that municipalities have authority over the matters listed in Schedules 4B and 5B of the Constitution. ...