Browsing Research Articles (Faculty of Law) by Title
Now showing items 290-309 of 428
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Probing the context of vulnerability: Zimbabwean migrant women’s experiences of accessing public health care in South Africa
(African Human Mobility Review (AHMR), 2021)South Africa has a professed inclusive health policy that articulates that everyone is entitled to have access to healthcare services, regardless of nationality and citizenship. However, several challenges exist for ... -
The problem of private-to-private corruption
(University of the Western Cape, 2017)Corruption has huge detrimental effects, and private-to-private corruption contributes hugely to this detriment. Its consequences match those of public corruption, particularly in the contemporary world, when private ... -
Promoting minority rights in the context of economic, social and cultural rights in South Africa
(UNISA Press, 2002)Introduction: It has been commonly thought that if ethnic, religious and national minorities are allowed to give expression to their respective group attachments, then that should be deemed sufficient protection against ... -
Property rates as an instrument for development: an analysis of South African policy, law and practice
(Commonwealth Secretariat, London, 2013)When local governments impose property taxes, their primary objective is to fund their expenditure. However, the role of local government can be seen as far more than simply the provision of local public services. Local ... -
Prosecuting and Punishing Persons for Sending Messages of Obscene, Offensive, Threatening or Menacing Character under the Mauritian Information and Communication Technologies Act
(Speculum Juris, 2020)Jurisprudence from Mauritian courts shows that people have been convicted of offences under the Information and Communication Technologies Act. These offences have been mostly committed using mobile phones. The most common ... -
The prosecution in South Africa of international offences committed abroad: The need to harmonise jurisdictional requirements and clarify some issues
(Juta Law, 2015)There are two broad exceptions to the general rule that South African courts do not have jurisdiction over offences committed outside South Africa. The first set of exceptions developed by South African courts deals with ... -
The prosecution of incitement to genocide in South Africa
(North-West University, 2013)The phenomenon of collective violence is complex and, as yet, not wholly understood. This notwithstanding, the incidence of collective violence is not entirely unpredictable. This is especially true of one particularly ... -
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)When the death penalty was declared unconstitutional in South Africa, the government enacted the Criminal Law Amendment Act in 1997 which, amongst other things, stipulated that a person convicted of some of the scheduled ... -
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 ... -
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, In press)In South Africa, the general rule is that when an offence is committed, the suspect has to be prosecuted by a public prosecutor. This is on the basis of the Constitution (section 179) and the National Prosecuting Authority ... -
Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa
(University of the Western Cape, 2012)This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety. -
Protection against unfair discrimination in the workplace: are the courts getting it right?
(Juta, 2007)Introduction: No area of South African law is more critical than the prohibition of unfair discrimination, especially in the workplace. Under apartheid, discrimination against workers on grounds such as race and sex was ... -
Punishment in the eyes of the Constitutional Court of South Africa: the relationship between punishment and the rights of an offender in the sentencing of primary caregivers of children
(Juta Law, 2011)Punishment has mostly focused on achieving its objectives without considering the impact a sentence will have on the rights of the offender and those under the offender's care. Drawing on the jurisprudence of the Constitutional ... -
Race, class and restorative justice: achilles heel, glass ceiling or crowning glory
(Juta Law, 2004)This article reports on a research project aimed at assessing the impact of race and class disparity in restorative justice processes in South Africa. It was conducted against the backdrop of the inclusion of family group ... -
Realisation or oversight of a constitutional mandate? Corrective rape of black African lesbians in South Africa
(Pretoria University Law Press (PULP), 2015)Corrective rape is a form of sexual punishment by men towards lesbians in order to cure them of their sexual orientation. Black African lesbians are victims of corrective rape, particularly those in townships who are seen ... -
Realising children's rights to legal representation and to be heard in judicial proceedings: an update
(Juta Law, 2008)South Africa still has some way to go towards ensuring that children's rights to legal representation and to be heard are fully implemented in relation to judicial proceedings affecting them. Nonetheless, some emerging ... -
Realising the right of access to water: pipe dream or watershed?
(University of the Western Cape, 2003)The article assesses the implications of the Grootboom judgment on the right of access to water. The free basic water policy intends six free kilolitres of water per household per month to be funded from the equitable share ... -
Reaping “bumper harvests” during the Covid-19 pandemic: Interrogating the dynamics of corruption during the procurement of relief and healthcare items in Uganda
(University of the Western Cape, 2022)The discovery of the coronavirus (SARS-CoV2 or COVID-19) in Wuhan, China was considered a Chinese problem by Ugandans until confirmation of the first positive test in the country, in March 2020. The government went into ... -
Recent developments Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
(Pretoria University Law Press, 2015)This article reviews the recent judgment of the Constitutional Court of Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others, which has been hailed with acclaim worldwide. ... -
Regional frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014)This article discusses the safeguarding movement in the context of child protection. After providing it’s key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child ...