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‘Equally unequal or unequally equal’: Adopting a substantive equality approach to gender discrimination in Nigeria
(SAGE Publications, 2017)
The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach ...
The thin edge of the wedge: ukuthwala, alienation and consent
(Taylor & Francis, 2017)
Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ...
The admissibility of evidence obtained through human rights violations in Mauritius
(Juta Law Publishing, 2018)
The Constitution of Mauritius, unlike those of South Africa, Zimbabwe and
Kenya, does not guide courts on the issue of the admissibility of evidence
obtained through human rights. Jurisprudence from Mauritius shows
courts ...
The limits of democratic governance in South Africa, by Louis A. Picard and Thomas Mogale
(Oxford University Press, 2015)
The title of the book by Louis A. Picard and Thomas Mogale is a bit of a misnomer. The book is not about democratic governance in South Africa in general—across the three spheres of government— but about democracy at the ...
Evictions in South Africa during 2014: An analytical narrative
(ESR Review : Economic and Social Rights in South Africa, 2015)
The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These ...
The constitutional conversation between the federal structure and a bill of rights
(Community Law Centre, University of the Western Cape, 2015-01)
It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ...
The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government
(University of Toronto Press, 2017)
“The supremacy of the constitution and the rule of law” are two foundational
values of South Africa’s 1996 Constitution (s. 1(c)). An independent
judiciary is thus set to play a major role in interpreting and enforcing ...
They keep saying, ‘My President, my Emperor, and my All’: Exploring the antidote to the perpetual threat on constitutionalism in Malawi
(Community Law Centre, University of the Western Cape, 2013)
Constitutionalism is the liberal democratic value that aims at having a constitutional government whose powers are capable of being effectively limited. A country’s constitution plays the major role in ensuring constitutionalism ...
Constitution-Building in Africa
(Community Law Centre, University of the Western Cape, 2015)
The process towards the adoption of a constitution is determined by the
context in which the constitution is written. It navigates such issues as political
engagement, keeping politically agreed timelines, ensuring the ...
Unsustainable and unjust: Criminal justice policy and remand detention since 1994
(Institute for Security Studies (ISS), 2014)
The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed ...