Browsing Research Articles (Faculty of Law) by Title
Now showing items 34-53 of 432
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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 ... -
Cellphone technology, human rights and the criminal justice system
(The Centre for the Study of Violence and Reconciliation, 2010)Millions use cellphones every day. It is unthinkable for anyone to not have one in his/her possession. We can be reached almost everywhere and at almost every destination. It is small, compact and extremely user friendly. ... -
Chewing more than one can swallow: the creation of new districts in Uganda
(University of the Western Cape, 2011)This article analyses the process of creating districts. It briefly discusses the local government system in Uganda and introduces the phenomenon of the increase in the number of districts. It continues with an analysis ... -
Child justice: Changes to the minimum age of criminal capacity
(Juta, 2020)Accessed: http://www.jutajournals.co.za/child-justice-changes-to-the-minimum-age-of-criminal-capacity/ -
Children's rights standards and child marriage in Malawi
(University of Florida, Centre for African Studies, 2017)Child marriages occur when one of the parties is below the age of eighteen. In Malawi, research has shown that most child marriages are a result of cultural practices. To comply with various international and regional ...