Browsing Research Articles (Faculty of Law) by Title
Now showing items 222-241 of 432
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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, ... -
The (mis)management of ethnolinguistic diversity in Ethiopian cities
(Taylor & Francis, 2016)Ethiopia has an ethnic federal system that is based on the assumption that the ethnolinguistic communities of the country are located in neatly defined, or definable, territorial areas. On the basis of this assumption ... -
A missing link in the Traditional Courts Bill 2017 evidence obtained through human rights violations
(ISS & the University of Cape Town, 2018)The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of ... -
Mobile money, financial inclusion and financial integrity: The South African case
(Washington Journal of Law, Technology and Arts, 2013)The usage of mobile banking and in particular, payments by means of mobile phones, has increased in recent years in South Africa, with consequent impacts from a legal and regulatory point of view. South Africa is ... -
Mothers and others: Transgender birth, birth registration and the rights of the child, with a focus on the United Kingdom and South Africa
(International Journal of Discrimination and the Law, 2020)The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well ... -
Multilevel Governance and Control of the COVID-19 Pandemic in the Democratic Republic of Congo: Learning from the Four First Waves
(MDPI, 2023)The COVID-19 pandemic continues to impose a heavy burden on people around the world. The Democratic Republic of the Congo (DRC) has also been affected. The objective of this study was to explore national policy responses ... -
Municipal law making under SPLUMA: A survey of fifteen "first generation" municipal planning by-laws
(Potchefstroom Electronic Law Journal, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
Muslim divorce and the 1996 Divorce Amendment Act: The cart before the horse?
(De Rebus, 1999)The purpose of this article is to clarify some issues regarding Muslim divorces which have been the topic of debate in previous issues of De Rebus (1997 DR 495; 1998 (Jan) DR 55; 1998 (Aug) DR 31). The Divorce Amendment ... -
Muslim Marriage and Divorce in Sri Lanka: Aspects of the relevant jurisprudence
(The Center for Islamic and Middle Eastern Legal Studies, 2016)Muslims form 10 per cent of the Sri Lankan population. The country applies a mixed legal system. For many decades Muslim marriages and divorces have been governed by a separate piece of legislation. Courts in Sri Lanka ... -
Muslim Personal Law (MPL) in review”
(Centre for Contemporary Islam UCT, 1999)Both the interim (1993) and final (1996) South African Constitutions now not only guarantee freedom of religion and belief but also makes provision within the Bill of Rights that legislation can be provided by the state ... -
Muslim Personal Law - to be or not to be?
(Juta Law, 1995)Introduction: The first Muslims had arrived at the Cape from the Dutch colonies in the East Indies (now Indonesia) and the coastal regions of Southern India from anywhere around 1652-1658. Despite having been granted the ... -
Muslim Personal Laws affecting children: diversity, practice and implications for a new children's code for South Africa
(Juta Law, 1998)Introduction: Marriage is seen as an institution for, among various objects, the procreation of children. Children in Islam are ideally seen as the fruits of marriage-for mothers as homemakers to love and nurture and for ... -
Mythology and the images of justice
(University of California Press, 2011)This essay enquires into the depictions of Justice through the ages, as well as the myths surrounding these depictions, more particularly in Egypt, Greece, and Rome, as well as in modern times. The essay departs in significant ... -
THE NATIONAL POLICY FRAMEWORK AND STRATEGY ON PALLIATIVE CARE 2017‒2022: WHAT’S IN IT FOR TERMINALLY ILL INMATES IN SOUTH AFRICA?
(2020)In South Africa many people suffer from serious, incurable health conditions that may render them incapacitated and/or terminally ill. Such persons may inevitably require holistic care such as palliative care. The adoption ... -
The need for statutory protection for whistle-blowers in Nigeria
(University of Western Cape, 2019)Whistleblowers are sentinels of society and of good governance. They are employees who risk their professions and even their lives in the interests of public safety and community well-being. Most countries, especially ... -
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
(Syarif Hidayatullah State Islamic University (UIN) Jakarta, 2022)Muslims, who originate from the East Indies and the Indian subcontinent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) recognized ... -
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
(Ahkam Journal, 2022)Muslims, who originate from the East Indies and the Indian subcontinent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) ... -
New light on old questions? University of Cape Town v Auf Der Heyde (Labour Appeal Court)
(Juta Law, 2002)Introduction:Thomas Auf der Heyde responded to an advertisement for a position of senior lecturer in chemistry at the University of Cape Town (UCT), the duration of which was 'initially for three years with a possible ...