Browsing Faculty of Law by Issue Date
Now showing items 21-40 of 903
-
Prosecutorial attitudes towards diversion
(NICRO National Office, 1998)This report investigates a number of issues relating to diversion in an effort to make certain recommendations with regard to the running and management of diversion with a particular emphasis on the discretionary powers ... -
Human rights in Islam
(Juta Law, 1998)Introduction: Conflicts between human rights and religion do exist. Is this true of Islam? The answer is not as simple as 'yes' or 'no'. Although an examination of human rights in an Islamic context will reveal its theocentric ... -
Muslim Personal Laws affecting children: diversity, practice and implications for a new children's code for South Africa
(Juta Law, 1998)Introduction: Marriage is seen as an institution for, among various objects, the procreation of children. Children in Islam are ideally seen as the fruits of marriage-for mothers as homemakers to love and nurture and for ... -
The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(Juta Law, 1998)Introduction: All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality ... -
Women's eligibility for the qadiship (judicial office)
(AWRAQ, 1998)There is no express Qur'anic text or tradition (Sunna) of Prophet Muhammed (P.B.U.H) for against the idea of women occupying the office of judge (qadi) which implies that God never intended to discriminate in this area. ... -
Juvenile justice review 1998
(South African Journal of Criminal Justice, 1999)The 1998 Juvenile Justice Review charts developments in juvenile justice law and practice in South Africa from October 1997 until October 1998. However, the release of the South African Law Commission discussion paper on ... -
Social Citizenship: A Precondition for Meaningful Democracy
(Agenda: Empowering Women for Gender Equity, 1999)In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were ... -
The Juvenile Justice Law Reform Process in South Africa: Can children's rights approach carry the day?
(Quarterly Law Review, 1999)The impetus for juvenile justice law reform sprang originally from concern for the plight of child detainees in the dark days of apartheid in the 1980s. Children, who were at the forefront of the struggle for democratic ... -
Muslim Personal Law (MPL) in review”
(Centre for Contemporary Islam UCT, 1999)Both the interim (1993) and final (1996) South African Constitutions now not only guarantee freedom of religion and belief but also makes provision within the Bill of Rights that legislation can be provided by the state ... -
Muslim divorce and the 1996 Divorce Amendment Act: The cart before the horse?
(De Rebus, 1999)The purpose of this article is to clarify some issues regarding Muslim divorces which have been the topic of debate in previous issues of De Rebus (1997 DR 495; 1998 (Jan) DR 55; 1998 (Aug) DR 31). The Divorce Amendment ... -
NICRO diversion options
(National Institute for Crime Prevention and the Rehabilitation of Offenders, 2000)Since 1994 South Africa has faced many challenges but none so widely experienced as crime. The day-to-day perceptions of living in South Africa are characterised by crime, violence and uncertainty. The criminal justice ... -
Making law: A guide to municipal councils
(Community Law Centre, University of the Western Cape, 2000)The first fully democratic municipal elections held on 5 December 2000 saw local government take its rightful place as the third sphere of government. Chapter seven of the Constitution has now come into full operation. ... -
The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems
(Juta, 2000)This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition ... -
Collective bargaining and worker participation
(Juta Law, 2000)Introduction: The relationship between collective bargaining and worker participation has two main aspects - • the interaction between collective bargaining as a process (at workplace; sectoral and subsectoral level) and ... -
The Flying Hadji
(Stellenbosch: Institute for Theological Interdisciplinary Research (EFSA) in cooperation with CCAWT Research, 2000)All things considered, becoming a Muslim theologian was high on my list of possible vocations at the end of high school. Unfortunately for me, this was not to be I was a Muslim woman with a dream at the wrong time. Instead, ... -
Roles and responsibilities of the municipal manager
(Community Law Centre, University of the Western Cape, 2001)renaming and transformation of local government structures. Coping with the new designation is probably the least important of the changes for the municipal manager. One of the key challenges in this respect is defining ... -
The emerging role of metropolitan cities in federations
(Forum of Federations, 2001)City-regions or large metropolitan cities are a rapidly growing phenomenon in developing countries. They are also seen as a key mechanism to the development and growth trajectories of those countries, particularly in the ... -
Juvenile justice review 1999-2000
(South African Journal of Criminal Justice, 2001)The two years covered in this review have seen major developments in the juvenile justice sphere. Not only have several important judicial decisions been handed down, but the process of law reform has advanced significantly ... -
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
(Juta, 2001)This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ... -
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 ...
