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Now showing items 41-50 of 56
Female genital mutilation as a human rights issue: examining the effectiveness of the law against female genital mutilation in Tanzania
(Juta Law, 2013)
In many African states, female genital mutilation (FGM) is a deeply-entrenched cultural practice. Tanzania is no exception. FGM persists despite the fact that the country has ratified a number of international and regional ...
Pornography is going on-line: the harm principle in Dutch law
(Faculty of Law, UWC, 2013)
The pornography of 19th century Victorian society, Steven Marcus observes in The Other Victorians, gave expression to a fantasy that exactly mirrored the public ideal image of chastity in reverse reflection. As exemplary ...
Service delivery protests, struggle for rights and the failure of local democracy in South Africa and Uganda: parallels and divergences
(Centre for Applied Legal Studies, Wits University, 2013)
Although the two countries are thousands of miles apart, Uganda and South Africa have both
experienced service delivery protests in recent years. The protests have been directed mainly
at local governments, although in ...
The enforceability of incorporated term in electronic agreements
(University of Fort Hare, 2013)
This article seeks to evaluate the validity of different methods of incorporating terms into
electronic agreements, and to what extent the use of these different methods may influence the enforceability of the incorporated ...
Are the rights of children paramount in prison legislation?
(Juta Law, 2013)
The principle, the rights of the child shall be of paramount importance in all decisions affecting the child, is established firmly in international law and, accordingly, reflected in the Constitution. Constitutional ...
Ethnic federalism and internal minorities: the legal protection of internal minorities in Ethiopia
(Edinburgh University Press, 2013)
Not a single federal arrangement has been successful in demarcating the territorial
matrix of the federation into separate ethnically defined territorial units. The
decade-old federal experiment in Ethiopia is no exception ...
The 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspective
(Pretoria University Law Press (PULP), 2013)
The prominent use of international human rights law in a state’s domestic
legal system depends on the hierarchical place occupied by international
law in general, and international human rights law in particular, among
the ...
Yet another missed opportunity to develop the Common Law of Contract? An analysis of Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd [2011]ZACC 30
(Nelson R Mandela School of Law, 2013)
Courts are under a general obligation to develop common law by applying constitutional values as mandated by sections 8(3), 39(2) and 173 of the Constitution. There have been attempts by part of the judiciary and calls ...
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights - how relevant are they for South Africa?
(Faculty of Law, UWC, 2013)
It must be regarded as a peculiarity that the African Charter on Human and Peoples’ Rights makes no specific mention of prisoners’ rights and that these rights have to be inferred from overall reading of the Charter, and ...
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc - A case of cyber laundering through an attorney's trust account
(University of the Western Cape, Faculty of Law, 2013)
Money launderers are always exploring new channels to clean their ill-gotten gains. The attorney’s trust account is especially attractive to persons, or organisations, that seek to launder money. As a result, the Financial ...