Browsing Book and Book Chapters (Faculty of Law) by Title
Now showing items 38-57 of 70
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Kenya Kenyan Kadhis’ courts and their application of the Islamic law of divorce and distribution of property at the dissolution of marriage
(Cambridge University Press, 2021)Kenya does not have a State religion. Muslims are estimated to constitute than 10% of the Kenyan population. The ‘Kenyan Islamic practice … is predominantly Sunni with a Shafi intellectual tradition.’ However, there are ... -
Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez
(University of the Western Cape, 2016)Essays in honour of Lovell Derek Fernandez, Lawyer, Linguist, Mensch -
The law and politics of internal secession: The Ethiopian experience in comparative perspective
(Palgrave Macmillan, Cham, 2021)Although secession has been the subject of much scholarly work, the focus has largely been on the external dimension of secession, the decision of a territory to leave an existing state and establish itself as independent ... -
Lessons from litigating for sexual and reproductive health and rights in Southern Africa
(Taylor & Francis group, 2021)This chapter focuses on lessons learnt from the experiences of the Southern Africa Litigation Centre (SALC) in instituting and supporting strategic litigation on sexual and reproductive health rights in Southern Africa. ... -
Mainstreaming the ‘Abortion question’ into the right to health in Uganda
(Dullah Omar Institute, 2021)The right to health is a social and economic right that requires progressive realisation by states (Chenwi 2013). Although Uganda’s Constitution does not provide for the right to health, the country is a signatory to the ... -
Mobility and ethnic federalism in Ethiopia
(Addis Ababa UniversityAddis Ababa University - School of Law, 2019)Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also ... -
Modern African childhoods: does Law matter?
(Oxford University Press, 2012)INTRODUCTION: This paper poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law ... -
Multiparty democracy in Zimbabwe after the adoption of the 2013 constitution
(Oxford University Press, 2021)Zimbabwe adopted a new Constitution in 2013 which, among other objectives, sought to give greater legitimacy to multiparty democracy. This Constitution strengthens the role of an independent electoral commission, entrenches ... -
Negotiating settlements in a broader law enforcement context
(Elgar Publishing, 2020-04-08)This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to ... -
An overview of post-divorce support for muslim children in the context of South African Law, Islamic Law and the proposed 2010 Muslim Marriages Bill
(International Assossiation of IT Laywers, 2012)After 350 years of non-recognition, and following a protracted procedure, Muslim religious marriages and divorces are currently in the process of being directly and formally recognised in terms of South African law. A ... -
Parental Care and the Best Interest of the Child in Muslim Countries
(T.M.C. Asser Press The Hague, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and ... -
A preliminary appraisal of the normative gains for children’s rights in the Angolan Children’s Act (act 25/12 of 22 August 2012)
(Jordan Publishers, UK, 2013)The United Nations Convention on the Rights of the Child (UNCRC) represents the most significant step towards the advancement of children’s rights globally. Article 4 of the UNCRC requires states to take concrete measures ... -
The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act
(Juta Law, 2009)Introduction: This chapter sets out to examine the concept of “unfair discrimination” in the employment context as it has evolved over the past three decades. It will note the efforts made by the courts to clarify it and ... -
Protecting orphans and vulnerable children in Lesotho: an assessment of the Children’s Protection and Welfare Act, 2011
(Jordan Publishers, UK, 2014)INTRODUCTION: This chapter reviews specific aspects of the Children’s Protection and Welfare Act 2011 of Lesotho, insofar as they pertain to the situation of orphans and vulnerable children. The chapter commences with a ... -
Providing for the unwanted in a time of crisis: The socio-economic rights of migrant workers in South Africa under covid- 19 pandemic
(Juta, 2020)Migrants are amongst the most vulnerable groups in South Africa. They are often subjected to harsh forms of discrimination and excluded from government policy considerations. They have not fared differently under the ... -
Real or imagined local autonomy: Experiences from local government in Ethiopia, South Africa and Zimbabwe
(Koninklijke Brill NV, 2021)Centralized rule has been common in Africa, and almost all African countries implemented, constitutionally or otherwise, programs of centralization from the time they achieved independence from colonial rule. They did ... -
The reconciliation of transnational economic, social and cultural human rights via the common interest
(VerLoren Van Themaat Centre, 2012)In general, human rights obligations are restricted to states' actions within their own territory in relation to their own citizens and residents. However, article 55(c) of the Charter of the United Nations refers to the ... -
Restorative justice as postmodern justice: exegesis and critique
(University of the Western Cape, 2016)This essay explores the relationship between postmodernism and RJ. Postmodernism quickly outgrew its non-legal origins and has extended its reach to incorporate matters legal. Already, it has established a significant presence ... -
The role of national human rights institutions in enhancing the impact of children's rights in Africa
(Pretoria University Law Press, 2020)This chapter contextualises the role played by National Human Rights Institutions (NHRIs) and their functional equivalents (such as ombudsmen) in the reporting process on children’s rights. As Ineke Boerifijn notes, NHRIs ... -
The role that lay Muslim judges play in state courts and religious tribunals in South Africa: A historical, contemporary and gender perspective
(Kluwer, 2002)Taking the example of a religious adjudicative body for Muslims in the Western Cape in South Africa, this article analyses the symbiotic working relationship between state courts and non-state dispute settlement bodies, ...