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Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, 2017)
The general rule in South Africa is that, when an offence is committed, the suspect
has to be prosecuted by a public prosecutor. However, there is an exception
whereby a victim of crime is permitted to institute a private ...
An argument for foetal protection within a framework of legal abortion in South Africa
(International Centre of Medicine and Law, 2016)
Termination of pregnancy (abortion) and foetal protection remain a challenging topic in South Africa where abortion is legalised and largely decriminalised. As a general rule, an unborn (nasciturus) does not have legal ...
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 ...
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 ...
Overseeing the overseers: assessing compliance with municipal intervention rules in South Africa
(Springer, 2017)
Section 139 of the Constitution of South Africa empowers provinces to intervene into municipalities, an instrument to correct serious failures in local government. This article discusses the policy and legal framework for ...
The enforcement of socio-economic rights against local governments in South Africa
(International Development Law Organization (IDLO), 2015)
Poverty and underdevelopment are South Africa’s greatest challenges. These
are inextricably linked to uneven access to adequate public services. By all
accounts, South Africa has made impressive progress in extending ...
Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)
Granting parole to offenders serving life sentences has raised questions in public and political
discourse. This contribution evaluates the discretion of the minister to decline parole under Section
78(2) of the Correctional ...
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 ...
Lessons from the past: Remand detention and pre-trial services
(Academy of Science of South Africa (ASSAf)., 2013)
A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ...
The human rights implications of virginity testing in South Africa
(SAGE Publications, 2016)
This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major ...