Browsing Research Articles (Faculty of Law) by Title
Now showing items 205-224 of 432
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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 ... -
Lobbying against democracy
(University of the Western Cape, 2021)This essay seeks to excavate the anti-democratic propensities of corporate lobbying. It begins by considering the nature of lobbying and then attempts to comprehend the relationship between corporate lobbying and democracy ... -
Local government and human rights: Building institutional links for the effective protection and realisation of human rights in Africa
(Pretoria University Law Press (PULP), 2011)There is increasing recognition of the role of local government in the protection and realisation of human rights obligations. Recent studies on links between local government, decentralisation and human rights are evidence ... -
Local government in Ethiopia: still an apparatus of control?
(University of the Western Cape, 2011)Historically, local authorities in Ethiopia enjoyed wide political, administrative, judicial, and financial autonomy. However, from the 1850s a process of territorial expansion and centralisation was initiated in the ... -
Madness and the law: The Derrida/Foucault debate revisited
(Springer, 2010)In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way in which Foucault’s texts, and especially the more recently published lectures, should be read; ... -
Making a first impression: An assessment of the decision of the Committee of Experts of the African Children's Charter in the Nubian Children communication
(Pretoria University Law Press (PULP), 2012)The article analyses the Nubian Children communication, the very first case to be finalised by the African Committee of Experts on the Rights and Welfare of the Child. It critically reviews the progressive approach of the ... -
The making of Uganda's equal opportunities commission act and its interpretation by the commission
(Cambridge University Press, 2023)Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring ... -
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
(Pretoria University Law Press (PULP), 2011)In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ... -
Marriage under African customary law in the face of the Bill of Rights and international human rights standards in Malawi
(Pretoria University Law Press (PULP), 2010)Contracting a marriage under African customary law in Malawi poses difficulties and challenges in the light of the Bill of Rights and international human rights standards. There are bound to be conflicts which, seen from ... -
Message from the Deputy Vice Chancellor
(SADJ - South African Dental Journal, 2018)The 40th-anniversary celebration of the Faculty of Dentistry comes at a time when the faculty has made huge inroads in the profession, as well as in oral health care in South Africa and on the continent. Besides being the ... -
Ministerial directives to local government in Zimbabwe: top-down governance in a decentralized constitution
(Cambridge University Press, 2017)Urban and rural local authorities constitute the lowest tier of Zimbabwe's multilevel system of government. These local governments have a constitutional "right to govern" that must be exercised within the constitutional, ...