Browsing Research Articles (Faculty of Law) by Title
Now showing items 29-48 of 426
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Applying the Gordon & Ford categorisation and the routine activities theory to cybercrime: a suitable target
(IIMC International Information Management Corporation, 2017)This article speaks to the societal implications of technology by discussing the problems presented by cybercrime. It identifies a twofold problem. The first is that the proliferation of cybercrime is outstripping the ... -
The approaches of the African Commission to the right to health under the African Charter
(Faculty of Law, University of the Western Cape, 2013)In 2012 the African Commission on Human and Peoples' Rights celebrated its 25 years of existence. The Commission was established pursuant to the African Charter on Human and Peoples Rights, which came into force in 1986. ... -
The Arab Spring – A brief view of Morocco’s February 20 movement and effects
(International Journal of Arts Humanities and Social Sciences Studies, 2020): Since 2011, Morocco has been engaged in a series of political, constitutional and institutional reforms, including a wider respect for human rights. The debates and changes can be attributed to the unprecedented organised ... -
Arbeidsreg in 'n maatskaplike verband
(Juta Law, 1995)Introduction: 'n Regsteksboek is nie bloot 'n uiteensetting van regs reels nie. Dit is, in die eerste plek, 'n seleksie van bespreekingspunte en, terselfdetyd, 'n evaluasie van die selekteerde gegewens wat uitgaan van 'n ... -
Arbitration and corruption: A toolkit for arbitrators
(University of the Western Cape, 2021)In international commercial or investment arbitration proceedings, the appointed arbitral tribunal may suspect or one of the parties may allege that corruption, especially in the form of foreign public bribery, has ... -
An argument for foetal protection within a framework of legal abortion in South Africa
(International Centre of Medicine and Law, 2016)Termination of pregnancy (abortion) and foetal protection remain a challenging topic in South Africa where abortion is legalised and largely decriminalised. As a general rule, an unborn (nasciturus) does not have legal ... -
Aspects of Dutch Colonial family law related to the Indonesian Rajah of Tambora's exile at the Cape
(Cambridge University Press, 2020)'As far as family law is concerned, we in South Africa have ... every kind of family ... This is the result of ... history ... Our families are suffused with history, as family law is suffused with history, culture, belief ... -
Assessing the impact: Mandatory and minimum sentences in South Africa
(Institute for Security Studies (ISS), 2005)The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was recently extended for another two years. At the time, the aim was to reduce serious and violent crime, achieve consistency ... -
Assessing the protection of older persons’ access to social services in South Africa during the Covid-19 pandemic
(Nelson R Mandela School of Law, 2021)One of the main justifications for the severe restrictions imposed on South Africans in the context of the COVID-19 pandemic is the need for the protection of older persons. Unfortunately, the dire scientific warnings ... -
Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)Granting parole to offenders serving life sentences has raised questions in public and political discourse. This contribution evaluates the discretion of the minister to decline parole under Section 78(2) of the Correctional ... -
Barnard v Minister of Justice: the minister’s verdict - Deciding on parole for offenders serving life sentences
(Institute for Security Studies, 2017)Parole for offenders serving life sentences has ignited questions in media reports and political circles. This complexity becomes a touchy issue when it leaves more questions than answers after the grant or decline to place ... -
Benign accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act
(Centre for Family Law and Practice, London Metropolitan University, 2011)In this article, we evaluate the implications of the Children’s Act 38 of 2005 for ukuthwala. Ukuthwala is a practice whereby, as a preliminary procedure to a customary marriage, a young man forcibly takes a girl to his ... -
Bitcoin regulation? Imperfect knowledge of identities and the money laundering risk: A West African perspective
(University of the Western Cape, 2018)Arguments for regulating Bitcoin are built mainly on the technologically disruptive nature of the currency and its susceptibility to facilitating financial crimes on a scale larger than financial institutions. This paper ... -
Book Review: Judith Still, Derrida and Hospitality: theory and practice
(Edinburgh University Press, 2013)A book review of Judith Still, Derrida and Hospitality: theory and practice, (Edinburgh, Edinburgh University Press, 2010), 294 pp. ISBN 978-0-7486-4027-0 -
The Broad-Based Black Economic Empowerment Act 53 of 2003 and the ways in which the commission of fronting practices affects the achievement of its objective
(Institute for Democracy, Governance, Peace and Development in Africa, 2020)The Broad-Based Black Economic Empowerment Act 53 of 2003 is one of the statutes enacted to promote the right to equality, which is enshrined in the Bill of Rights of the Constitution of the Republic of South Africa. It ... -
Business restructuring and operational requirements dismissals: Algorax and beyond
(Juta Law, 2005)Introduction:This article revisits a vexed and much-debated question: when is it 'fair' for an employer, in the course of restructuring its business, to dismiss an employee for declining to accept changes in her or his ... -
Can Covid-19 be classified as Force Majeure in South Africa?
(Without Prejudice, 2020)The 23rd of March will forever be etched in the minds of South Africans. The President of the Republic of South Africa, Cyril Ramaphosa, declared a 21-day national lockdown effective from midnight on Thursday, 26 March ... -
The Canadian contribution to a comparative law of secession: Legacies of the Quebec secession reference
(Palgrave Macmillan, 2020)Celebrating the twentieth anniversary of the Reference Re Secession of Quebec (hereinafter the Reference) is a very good reason to put together a volume on “one of Canada’s most well-known legal exports” (p. 5). But there ... -
Carpe Pecuniam: Criminal forfeiture of tainted legal fees
(Pretoria University Law Press, 2020)A person charged with money laundering has a right to legal representation and a lawyer is entitled to defend such person. What if the lawyer is paid with dirty money? This paper explores the legal status of tainted ... -
Cave pecuniam: Lawyers as launderers
(North-West University, 2012)In South Africa there is something almost sacrosanct about an attorney's trust account. It is the prescribed destination of all funds paid in trust by a client to an attorney. Clients tend to have complete confidence in ...