Browsing Research Articles (Faculty of Law) by Title
Now showing items 80-99 of 432
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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 ... -
Cyptolaundering: Anti-money laundering regulation of virtual currency exchanges
(University of Western Cape, 2019)Ten years on since their invention, virtual currencies are here to stay. However, virtual currencies come with money laundering risks. This paper discusses antimoney laundering regulation for virtual currency intermediaries, ... -
Dawn of a new decade? The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta, 2011)The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child took place at the African Union Commission Headquarters in Addis Ababa, Ethiopia, in November 2010 and March 2011, ... -
Debunking prevailing school views pertaining to the apostasy of alleged descendants of SHAYKH YUSUF of MAKASSAR
(UIN Sunan Kalijaga, 2020)This article focuses on the controversial issue of apostasy pertaining to the alleged family of Shaykh Yusuf of Makassar, the Indonesian pioneer of Islam in colonial South Africa, after his demise at the Cape in the late ... -
Deconstructing the Leviathan: Derrida’s The Beast and the Sovereign
(Multidisciplinary Digital Publishing Institute (MDPI), 2012)Derrida’s The Beast & the Sovereign volume I, explores the contradictory appearance of animals in political discourse. Sometimes, as he points out, political man and the sovereign state appear in the form of an animal, and ... -
Deconstruction and law: Derrida, Levinas and Cornell
(University of Windsor, 2007)Drucilla Cornell’s book The Philosophy of the Limit has for a long time been an important reference point in attempting to understand the relation between deconstruction and law. This article examines some of the themes ... -
Decriminalising abortion in South Africa: implications for the unborn's right to life
(University of the Western Cape, 2016)The 1975 Abortion and Sterilisation Act (ASA) was the first statute to regulate abortion in South Africa. The ASA provided that abortion was illegal. Although the default legal position adopted by it appeared to be clearly ... -
Deliberate delays in offering abortion to pregnant women with fetal anomalies after 24 weeks' gestation at a centre in South Africa
(Wiley, 2023)South Africa has an abortion law which codifies the broad themes of reproductiverights set out in the Constitution of South Africa, other laws and national guidelines.Certain wording of the conditions in the Choice Act for ... -
Demarcating provincial and local powers regarding liquor retail
(Unisa Press, 2004)Local government’s newly acquired status as a fully-fledged sphere of government with constitutionally protected powers is slowly gaining momentum. Now that the dust is slowly settling around the demarcation and ... -
Democratic policing: A conceptual framework
(LDD - Law, Democracy & Development, 2021)Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner ... -
Democratising the employment relationship: a conceptual approach to labour law reform and its socio-economic implications
(Juta Law, 1993)Introduction: The constitutional debate in South Africa has place the related issues of democracy and increase production and redistribution of wealth centrally on the agenda. Democratisation of the employment relationship, ... -
Demystifying the Mahr found in Muslim marriages
(Without Prejudice, 2020)One of the most common characteristics of an Islamic marriage is that it commences with a proposal referred to as ijba or rishta. Although the observance of a formal proposal is not strictly a requirement found in traditional ... -
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013)Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ...