Browsing Research Articles (Faculty of Law) by Title
Now showing items 195-214 of 432
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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. ... -
The legal status of evidence obtained through human rights violations in Uganda
(Academy of Science of South Africa, 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. It is only ... -
Lessons from the past: Remand detention and pre-trial services
(Institute for Security Studies (ISS), 2013)A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ... -
Lessons learned from working with rural farm women on Middelpos farm, Swartland municipality, west coast, Western Cape.
(University of Western Cape, 2021)I have a vision of creating an alternate rural economy that does things differently and gets better results. To put it into context, I live on an isolated farm which is part of a land reform programme. I often wish the ... -
Leveraging the local administration to engender access to justice in Kenya: the case of Mukuru Kayaba Informal Settlement, Nairobi County, Kenya
(2021)Constitutional change in Kenya has opened up spaces of contestation of rights for citizens. However, marginalisation of certain segments of the population remains a key constraint to achieving universal protections. A lack ... -
Levinas on law: A Derridean reading of Manderson’s Proximity, Levinas, and the Soul of Law
(Griffith University, Griffith Law School, Socio-Legal Research Centre, 2007)In this article, Desmond Manderson’s book, Proximity, Levinas, and the Soul of Law (2006) is analysed specifically with reference to the accuracy with which it translates Derrida’s thinking into law. Manderson, in a number ... -
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ... -
A Life in Human Rights: A Conversation with Dennis Davis’ London Review of International Law
(Oxford University Press, 2021)Dennis Davis is Judge of the High Court of South Africa, Judge President of the Competition Appeal Court, and Honorary Professor of Law at the University of Cape Town. In this wide-ranging conversation with Tor Krever, he ... -
Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2010)The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first ... -
Limitations on the right to freedom of testation
(Sabinet, 2020)Freedom of testation is a basic right in terms of the South African law of succession and enables a testator (or testatrix) to bequeath assets in a will as they please. The freedom is not completely unrestricted. Limitations ... -
The limiting effect of Daffy v Daffy 2013 1 SACR 42 (SCA)
(Juta, 2020)The preamble of the Domestic Violence Act 116 of 1998 recognises, inter alia: “that domestic violence is a serious social evil; that there is a high incidence of domestic violence within South African society; that victims ... -
The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems
(Juta, 2000)This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition ... -
A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ...