Browsing Research Articles (Faculty of Law) by Title
Now showing items 367-386 of 428
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Statutory collective bargaining: a duty of fair representation?
(Juta Law, 1993)Introduction:An issue that has received little attention in our law is the nature of a union's duty vis-à-vis its membership in the course of collective bargaining and the consequences of breach of such duty. This is, in ... -
Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction
(Health and Medical Publishing Group (HMPG), 2017)Individuals are increasingly having recourse to assisted or artificial reproduction in order to realise their desire for offspring. This field is currently regulated by the National Health Act No. 61 of 2003 (NHA, or the ... -
Strengthening democracy through investigating, prosecuting and punishing corruption in Mauritius
(The Human Rights and Peace Center (HURIPEC), 2015)There is a close relationship between democracy and corruption. Corruption has a negative effect on the functioning of political and democratic institutions. It affects the delivery of services such as education ... -
Strengthening financial integrity in Nigeria: the national identification harmonization project
(Emerald Publishing Limited, 2022)Purpose – Nigeria needs to improve its national identification coverage to support improved anti-money laundering and combating of financing of terrorism and proliferation (AML/CFT) measures. This study aims to examine its ... -
Sub-regional organisations and the responsibility to protect: A case for the localisation and normative repatriation of sub-regional authority for coercive measures
(Scielo South Africa, 2021)The adoption of the responsibility to protect by the United Nations General Assembly marked a key milestone in the advancement of human security and the international protection of human rights. The textual adoption by the ... -
Substantive equality and maternal mortality in Nigeria
(Routledge and the Commission on Legal Pluralism, 2012)Introduction: It is a tragedy that in the 21st century, when man has explored the moon and other planets and made significant advancement in science and technology, women should continue to die during pregnancy and childbirth. ... -
The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the ... -
Surrogacy, South African style
(International Bar Association Legal Practice Division, 2013)This article reviews the Act’s provisions concerning surrogacy and raises some questions for consideration. -
A survey of corruption and anti-corruption Initiatives in Africa
(University of the Western Cape, 2018)Corruption has blighted national economies in Africa. Although most African states have subscribed to and ratified international and regional anti-corruption conventions, corruption continues unabated. Failure to incorporate ... -
Surveying the research landscape to promote children's legal rights in an African context
(Juta Law, 2007)This article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote ... -
Sustainable development and international economic law in Africa
(University of the Western Cape, 2021)Sustainable development has been advocated by the developed world as a means to ensure that the most widely beneficial type of development occurs. This has resulted in a body of rules, which though well intended, does not ... -
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of Western Cape, 2021)Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ... -
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of the Western Cape, 2022)Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ... -
A Systemically Correct Approach in State Evictions
(Juta, 2020)Evictions at the hand of the state have been litigated and adjudicated with reference to section 26(3) of the Constitution of the Republic of South Africa (“Constitution”) and section 6 of the Prevention of Illegal Eviction ... -
A tale of two federations: Comparing language rights in South Africa and Ethiopia
(Pretoria University Law Press (PULP), 2009)The success of a federal arrangement in accommodating ethnic diversity cannot be measured solely on the basis of its language rights regime. However, it is generally agreed that a well-designed language rights regime goes ... -
“Talk to my father”: re-thinking social exclusion and access to justice in the context of bridewealth negotiation
(University of the Western Cape, 2021)Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice their opinion freeiy and fuiiy in matters affecting their iives. It often manifests as unequai respect for, and protection ... -
Tanzania’s post-independence anti-corruption efforts: Examining the prevention and combatting of corruption bureau’s (pccb) role during Magufuli’s regime
(University of Western Cape, 2020)During the five years of John Magufuli’s presidency, Tanzania’s anti-corruption efforts yielded significant improvements. This improved performance was associated mainly with the President’s personal anti-corruption ... -
Tanzania’s post-independence anti-corruption efforts: Examining the prevention and combatting of corruption bureau’s (pccb) role during Magufuli’s regime
(University of the Western Cape, 2020)During the five years of John Magufuli’s presidency, Tanzania’s anti-corruption efforts yielded significant improvements. This improved performance was associated mainly with the President’s personal anti-corruption stance. ... -
Tax collapse and the post-covid economy
(Sabinet, 2020)The serious economic impact of the lockdown policy response to the Covid-19 pandemic has, understandably, generated substantial policy debate in the media and academia. Conspicuously absent from most of these ... -
Ten years of the South African prevention of organised crime act (1999–2009)
(Open Society Foundation for South Africa, 2010)Organised crime2 is one of the main challenges that governments and intergovernmental organisations3 are grappling with. Its history, consequences and different forms in South Africa are well documented4 and fall outside ...