Browsing Research Articles (Faculty of Law) by Title
Now showing items 183-202 of 432
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The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(Juta Law, 1998)Introduction: All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality ... -
The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(Stellenbosch Law Review, 1997)All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality has resulted ... -
The interim Constitution and Muslim personal law”
(Cape Town Community Law Centre, 1995)Muslim women face the same status problems in the private and public spheres of life as their non-muslim counterparts but it is alleged that, as members of a particular religious community, they experience another inequality. ... -
International human rights law and foreign case law in interpreting constitutional rights: The Supreme Court of Uganda and the death penalty question.
(Pretoria University Law Press (PULP), 2009)On 21 January 2009, the Supreme Court of Uganda handed down a judgment in which it held that the death penalty was constitutional, that a mandatory death sentence was unconstitutional, that hanging as a mode of execution ... -
Interpretation of wills – Does the Endumeni case apply?
(Academy of Science of South Africa, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
Introduction: COVID-19 and the Law in Africa
(Cambridge University Press, 2021)Following its arrival in African countries in February 2020, COVID-19 has severely tested fragile health systems and economies. Since then, it has taken a heavy toll on individual lives and collective wellbeing. In ... -
Is it cyberfraud or good ol’ offline fraud? A look at section 8 of the South African cybercrimes bill
(UWC, 2018)This paper discusses section 8 of the South African Cybercrimes and Cybersecurity Bill, a section which deals with the crime of cyberfraud. It argues that there are certain fraudulent acts which have been presented incorrectly ... -
Is the Act working for children? The first year implementation of the Child Justice Act
(Institute for Security Studies, 2011)The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and ... -
Is the Act working for children? The first year of implementation of the Child Justice Act
(Institute for Security Studies (ISS), 2011)The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and ... -
The Islamic Law of Marriage and Inheritance in Kenya
(Cambridge University, 2021)Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. ... -
Islamic state practices in the framework of Islamic and international human rights instruments
(Electronic Publishing, 2016)The main purpose of this article is to provide an analytical perspective of essentially four current Islamic human rights instruments adopted under the protection of two different, parallel 'Arab' and 'Islamic' organisations, ... -
The Judiciary in Federal Systems in Africa
(Perspectives on Federalism, 2020)Eight states in Africa that have federal or federal-type government systems and most of these federations emerged in the post-Cold War period. The African federations are in various degrees characterised by a limited ... -
The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction
(Faculty of Law, University of the Free State, 2011)The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's Day) heralds a potentially drastic transformation ... -
Just say sorry?" Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008
(North-West University, 2011)In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ... -
The language of western homogeneity: A rose by any other name is a potential lawsuit
(Edward Elgar Publishing, 2016)It has sometimes been stated that international legislation favours the developed nations that create it to the detriment of the developing nations who must abide by it. This paper shall pose this question with regard to ... -
Legal and social complexities relating to practice of arranged and forced marriages
(Academy of Islamic Studies, University of Malaya, 2021)The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, ... -
Legal empowerment as a tool for engendering access to justice in South Africa
(Sage, 2020)This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human ... -
Legal Pluralism and the Future of Personal Family Laws in Africa
(Oxford, 2021)A notable aspect of Africa’s struggle with itsA notable aspect of Africa’s struggle with its colonial legacies is the co-existence of indigenous laws that emerged in agrarian settings with state laws that emerged in ... -
Legal pluralism and the right to family life and the transfer of offenders who are nationals of African countries, within Africa to Africa
(Routledge Taylor Francis Group, 2013)Globalisation has been accompanied by, inter alia, the movement of people from their countries of nationality or citizenship to other countries in search of better opportunities. Some of these people have been convicted ... -
The legal status of evidence obtained through human rights violations in Uganda
(Faculty of Law, North-West University, 2016)The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. ...