Browsing Research Articles (Faculty of Law) by Title
Now showing items 134-153 of 426
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Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ... -
The Evolution of the concept of 'unfair discrimination' in South African Labour Law
(Juta Law, 2006)Introduction:This article examines the meaning and scope of the prohibition of unfair discrimination against employees contained in s 6 of the Employment Equity Act in the light of the development of the concept of 'unfair ... -
An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?
(Law Faculty, University of the Western Cape, 2004)Introduction: In Muslim personal law, the husband on pronouncing a divorce has a number of legal obligations towards his wife including maintenance and payment of outstanding dower. While there is no dispute among Muslim ... -
Extending the frontiers of employment regulation: the case of domestic employment in South Africa
(Faculty of Law, University of the Western Cape, 2010)Domestic workers form one of the most vulnerable and exploited sectors of the workforce in the world economy. In 2002 South Africa became one of relatively few countries to promulgate special legislation aimed at extending ... -
External economic arrangements and South African cities as agents of local development: Illustrations from the City of Cape Town
(GBATA, 2021)The paper examines the role of South African metropolitan cities (metros) in advancing local economic development (LED) through engagements with external actors. Globalization is increasingly changing the roles and players ... -
Fact sheets on decentralisation in Africa
(UTS ePRESS, 2022)A growing number of African countries are considering or implementing reforms that include forms of decentralisation. At times, these reforms are underpinned by (recent) constitutional change, as in Mozambique (2018), ... -
The fairwork foundation: Strategies for improving platform work
(Elsevier, 2020)s paper introduces the Fairwork Foundation, a research initiative that is also developing an interventionaroundthequalityofworkondigitallabourplatforms.Lackingtheabilitytocollectivelybargain,manyplatformworkershavelittle ... -
Faskh (divorce) and intestate succession in Islamic and South African law: impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill
(Juta&Company, 2014)This article deals with intestate succession against the background of the complex Islamic legal aspects of faskh and talaq as forms of divorce. It elaborates on the divergent views held by Islamic scholars and explains ... -
Federalism, territorial autonomy and the management of ethnic diversity in Africa: reading the balance sheet
(Centre International de Formation Européenne, 2012)The history of federalism in Africa is a history of ambivalence. In the run up to independence, federalism was an idea that galvanized several political movements that, following the retreat of colonial powers, emerged to ... -
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 ... -
The fiduciary office of trustee and the protection of contingent trust beneficiaries
(Juta Law, 2007)This contribution focuses on two matters pertinent to the office of trustee. First, the fiduciary nature of the office of trustee is investigated, with particular reference to the essence of a trustee’s fiduciary duty. ... -
A foreskin too far? Religious, medical or customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS
(University of the Western Cape, 2012)This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional ... -
Form over function? the practical application of the recognition of Customary Marriages Act 1998 in South Africa
(Juta Law, 2013)The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article ... -
The four-year undergraduate LLB: where to from here?
(Nelson Mandela Metropolitan University, 2013)Fifteen years have passed since the four-year undergraduate Baccalaureus Legum (“LLB”) degree was first introduced in 1998. This degree was introduced by the Qualification of Legal Practitioners Amendment Act 78 of 1997 ... -
Freedom of religion and minority rights in South Africa
(MPDI, 2021)The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. ... -
A fresh perspective on historical sexual abuse: the case of Hewitt v S 2017 1 SACR 309 (SCA)
(Academy of Science of South Africa, 2017)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ... -
From archaic to modern law: Uganda's Refugees Act 2006 and her international obligations
(The Human Rights and Peace Center (HURIPEC), 2008)Uganda enacted its first law to deal with refugees in 1955, which was repealed in 1960 by the Control of Alien Refugees Act. While the 1960 law was still in force, Uganda ratified international and regional human ... -
From food to cash relief: How prepared are Uganda’s anti-corruption agencies to counter corruption in Covid-19 cash transfers?
(University of the Western Cape, 2022)In July 2021, Uganda commenced the disbursement of telephonic cash transfers to the vulnerable urban poor, most adversely affected by the COVID-19 pandemic, marking a policy shift from food relief to cash transfers to the ... -
From Muhammed and others to De Beer and others: striking the balance between public health measures and human rights during Covid-19 era in South Africa
(2020)The world first got to know of coronavirus (Covid 19) in December 2019, when it rampaged the Chinese city of Wuhan causing many deaths. On 30 January 2020, the World Health Organisation (WHO) declared the outbreak of ... -
From regulations to courts: an evaluation of the inclusive and exclusive criteria on children with co-caregivers in the era of Covid-19
(Sabinet, 2020)At the time of writing, more than 5.2 million persons have been infected by Covid-19, leading to 340,000 deaths, while about 2.2 million people have recovered (WHO 2020). South Africa has reported 23,000 infections and ...