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A dutiful child: the implications of Article 31 of the African Children's Charter
(Cambridge University Press, 2008)
Each right
has a corresponding duty. The African Children's Charter, under article
31,
imposes
a range of duties on children. Understandably, it could become
contentious
when
an
instrument
on
the
rights
and
...
Business restructuring and operational requirements dismissals: Algorax and beyond
(Juta Law, 2005)
Introduction:This article revisits a vexed and much-debated question: when is it 'fair' for an employer, in the course of restructuring its business, to dismiss an employee for declining to accept changes in her or his ...
New light on old questions? University of Cape Town v Auf Der Heyde (Labour Appeal Court)
(Juta Law, 2002)
Introduction:Thomas Auf der Heyde responded to an advertisement for a position of senior lecturer in chemistry at the University of Cape Town (UCT), the duration of which was 'initially for three years with a possible ...
Rethinking the notion of a 'higher law': Heidegger and Derrida on the Anaximander fragment
(Springer, 2009)
The Anaximander fragment, in the readings of both Heidegger and Derrida, speaks of that which exceeds positive law. In this article, the author provides a detailed reading of Heidegger’s Der Spruch des Anaximander, showing ...
Ex-prisoners' views on imprisonment and re-entry
(Community Law Centre, University of the Western Cape, 2009)
In the past 15 years much research has been conducted on the prison system in South Africa focusing on governance, law reform and human rights. It is, however, of particular concern that the voices of prisoners and ...
Assessing the impact: Mandatory and minimum sentences in South Africa
(Institute for Security Studies (ISS), 2005)
The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was
recently extended for another two years. At the time, the aim was to reduce serious and violent crime,
achieve consistency ...
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 ...
The constitutional family in the Law of Succession
(Juta Law, 2009)
This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ...
At the crossroads: linking strategic frameworks to address gender-based violence and HIV/ AIDS in Southern Africa
(Community Law Centre, University of the Western Cape, 2007)
In recent years, southern African governments
have made a number of important commitments on
international and regional levels to combat HIV/
AIDS. The subregion has also seen a number of
strategic developments such ...
A Societal Responsibility : The role of civil society organisations in prisoner support, rehabilitation and reintegration
(Institute for Security Studies and the Community Law Centre, University of the Western Cape, 2008)
Civil society organisations play a key role in assisting prisoners and ex-prisoners to reintegrate into society and may at present render the bulk of such services. It is especially in respect of post-release support ...