Browsing Research Articles (Faculty of Law) by Title
Now showing items 60-79 of 432
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A comparative analysis of protective measures for vulnerable and intimidated victim-witnesses in South African and English law.
(Criminological and Victimological Society of Southern Africa (CRIMSA), 2010)This article evaluates protective measures for vulnerable witnesses in light of both the Victims' Charter and measures in English law, giving effect to the right to protection in the Framework Decision on the Standing of ... -
A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implication for the Muslim woman
(The University of the Western Cape, 1991)As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ... -
Compensation orders in criminal proceedings - a fresh perspective
(Litnet Akademies, 2017)South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ... -
The conditional early release of offenders transferred from the Special Court for Sierra Leone to serve their sentences in designated states: some observations and recommendations
(Juta Law, 2014)The Special Court for Sierra Leone (SCSL) (now the Residual Special Court for Sierra Leone) convicted various offenders of crimes, such as war crimes and crimes against humanity. These convicted offenders were sentenced ... -
Confiscation of proceeds of crime in Vietnam: improving the legal framework
(2021)Purpose – The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on ... -
Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
(Juta, 2021)John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' ... -
Confronting corruption: past concerns, present challenges and future strategies
(2017)The literature on corruption and anti-corruption has mushroomed over the last decade or so. Of course, all research and writing on the problem of corruption and the fight against it are to be welcomed. Regrettably, however, ... -
The constitutional family in the Law of Succession
(Juta Law, 2009)This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ... -
The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution
(Oxford University Press, 2003)The article reviews the process of liberalization of child and family law that has occurred since the adoption of South Africa's 1996 Constitution. Although the Constitution does not expressly protect the right to family ... -
Constitutionalism, public policy and discriminatory testamentary bequests - a good fit between common law and civil law in South Africa's mixed jurisdiction
(Tulane European & Civil Law Forum, 2012)This article investigates South African courts' treatment of discriminatory testamentary bequests in the pre- and post-constitutional eras. It shows a change in judicial attitude towards such bequests from an accommodating, ... -
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
(Juta, 2001)This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ... -
The conundrum of intestate succession for Muslims in Uganda: Gadhis court, women’s rights, and I Islamic inheritance law issues
(Al-Ahwal Research Centre Department of Islamic Family Law, Faculty of Sharia and Law, UIN Sunan Kalijaga, 2023)During the 2018–2022 process to amend the Succession Act, Muslims in Uganda requested a separate law to regulate their inheritance. However, this was rejected by the Parliamentary Committee. As a result, Muslims are governed ... -
Corporatism and collective bargaining in a democratic South Africa
(Juta Law, 1995)Introduction:The theme of 'emerging models of worker participation and representation' is uniquely appropriate in relation to South Africa today. In February 1995 a draft labour statute, designed to replace the existing ... -
Correcting the historical asymmetry between rights: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(Pretoria University Law Press (PULP), 2009)On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ... -
Corrupting perceptions: The impact of the united nations convention against corruption on corruption perceptions index scores
(University of Western Cape, 2019)This paper examines the impact early ratification of the United Nations Convention against Corruption has on a country’s Corruption Perceptions Index score. It builds on much of the recent scholarly work that explores ... -
Corruption in Kenya during the Covid-19 pandemic and the right to health: Lessons learnt and future prospects
(University of the Western Cape, 2022)Kenya has made positive strides in fighting corruption through signing and ratifying the United Nations Convention Against Corruption and the African Union Convention on Prevention and Combating Corruption. These Conventions ... -
Corruption in the new public procurement regime in Nigeria
(University of the Western Cape, 2018)Corruption in the public procurement system has been a major obstacle to Nigeria’s economic development and, as such, it has remained one of the prime concerns of successive governments, both military and civilian, since ... -
Court support workers speak out: Upholding children's rights in the criminal justice system
(Institute for Security Studies (ISS), 2014)The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and whether ... -
COVID-19 casts a shadow over domestic workers
(José Frantz, 2021)Even though they are recognised as workers and covered by certain labour laws, domestic workers remain one of the most poorly paid and disempowered sections of the workforce. Being a hard-to-organise sector, with weak ... -
COVID-19 versus contractual obligations: case in point South Africa?
(Without Prejudice, 2020)The 23rd of March 2020 will forever be etched in the minds of all South Africans: President Cyril Ramaphosa declared a 21-day national lockdown effective from midnight on Thursday, 26 March to Thursday, 16 April to curb ...