Browsing Research Articles (Faculty of Law) by Title
Now showing items 68-87 of 432
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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 ... -
The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?
(Queens University, Belfast School of Law, 2011)Article 40 of the United Nations Convention on the Rights of the Child1 requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure ... -
Criticism of the testamentary undue influence doctrine in the United States: lessons for South Africa?
(Lousiana State University Law Center, 2013)This article analyzes undue influence in the South African law of wills in light of scholarly criticism of the testamentary undue influence doctrine in the United States. The Article assesses particularly whether the ... -
A cryptocurrency wallet: Is it “relevant material” for tax administration purposes?
(Siber Ink, 2020)This article shows that wallets storing cryptocurrency are intangible property so that they ought to qualify as a ‘thing’ within the meaning of this term in section 1 of the Tax Administration Act 28 of 2011, read with ... -
Cryptocurrency: The new face of cyber money laundering
(IEEE, 2018)Virtual currencies are on the rise and so is money laundering. While there are efforts to combat money laundering through various intergovernmental bodies, many have expressed concern over the rise of virtual currencies. ... -
Cultural and religious diversity: Are they effectively accommodated in the South African workplace?
(AJOL, 2018)Justice Yvonne Mokgoro and Archbishop Emeritus Desmond Tutu are but two of many public figures who have described South Africa as a “Rainbow Nation” – an expression used to highlight South Africa’s multicultural diversity. ... -
Cyber-laundering and the future of corruption in Africa
(University of the Western Cape, 2018)Corruption has been given considerable attention as one of the major causes of the socio-economic ills that plague Africa. Statistics reveal that staggering amounts of money are lost annually to corruption. Many discussions ... -
Cybercrime proliferation, institutions and policies: Handwringing for cybercitizens
(University of Western Cape, 2019)Legal frameworks and policies on cybercrime operate at different levels and involve several institutions. These include constitutional and regulatory provisions, as well as statutory schemes that can affect cybercrime ... -
Cybercriminals and Nigerian cybercrimes act 2015: Conceptualising computers for cybercrime justice
(University of Western Cape, 2020)Cybercrime being an act committed through the use of the computer either as a tool or target makes the computer an indispensable tool for almost all cybercrimes. The increasing number of persons utilizing computers, the ...