Browsing Research Articles (Faculty of Law) by Title
Now showing items 103-122 of 231
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Legal pluralism and the right to family life and the transfer of offenders who are nationals of African countries, within Africa to Africa
(Routledge Taylor Francis Group, 2013)Globalisation has been accompanied by, inter alia, the movement of people from their countries of nationality or citizenship to other countries in search of better opportunities. Some of these people have been convicted ... -
The legal status of evidence obtained through human rights violations in Uganda
(Faculty of Law, North-West University, 2016)The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. ... -
The legal status of evidence obtained through human rights violations in Uganda
(Academy of Science of South Africa, 2016)The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only ... -
Lessons from the past: remand detention and pre-trial services
(Institute for Security Studies (ISS), 2013)A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ... -
Lessons from the past: Remand detention and pre-trial services
(Institute for Security Studies (ISS), 2013)A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ... -
Levinas on law: A Derridean reading of Manderson’s Proximity, Levinas, and the Soul of Law
(Griffith University, Griffith Law School, Socio-Legal Research Centre, 2007)In this article, Desmond Manderson’s book, Proximity, Levinas, and the Soul of Law (2006) is analysed specifically with reference to the accuracy with which it translates Derrida’s thinking into law. Manderson, in a number ... -
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ... -
Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2010)The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first ... -
The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems
(Juta, 2000)This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition ... -
A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ... -
Local government and human rights: Building institutional links for the effective protection and realisation of human rights in Africa
(Pretoria University Law Press (PULP), 2011)There is increasing recognition of the role of local government in the protection and realisation of human rights obligations. Recent studies on links between local government, decentralisation and human rights are evidence ... -
Local government in Ethiopia: still an apparatus of control?
(University of the Western Cape, 2011)Historically, local authorities in Ethiopia enjoyed wide political, administrative, judicial, and financial autonomy. However, from the 1850s a process of territorial expansion and centralisation was initiated in the ... -
Madness and the law: The Derrida/Foucault debate revisited
(Springer, 2010)In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way in which Foucault’s texts, and especially the more recently published lectures, should be read; ... -
Making a first impression: An assessment of the decision of the Committee of Experts of the African Children's Charter in the Nubian Children communication
(Pretoria University Law Press (PULP), 2012)The article analyses the Nubian Children communication, the very first case to be finalised by the African Committee of Experts on the Rights and Welfare of the Child. It critically reviews the progressive approach of the ... -
Making sense of the numbers: Civil claims against the SAPS
(Institute for Security Studies (ISS), 2015)In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasingly large ... -
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
(Pretoria University Law Press (PULP), 2011)In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ... -
Marriage under African customary law in the face of the Bill of Rights and international human rights standards in Malawi
(Pretoria University Law Press (PULP), 2010)Contracting a marriage under African customary law in Malawi poses difficulties and challenges in the light of the Bill of Rights and international human rights standards. There are bound to be conflicts which, seen from ... -
Ministerial directives to local government in Zimbabwe: top-down governance in a decentralized constitution
(Cambridge University Press, 2017)Urban and rural local authorities constitute the lowest tier of Zimbabwe's multilevel system of government. These local governments have a constitutional "right to govern" that must be exercised within the constitutional, ... -
The (mis)management of ethnolinguistic diversity in Ethiopian cities
(Taylor & Francis, 2016)Ethiopia has an ethnic federal system that is based on the assumption that the ethnolinguistic communities of the country are located in neatly defined, or definable, territorial areas. On the basis of this assumption ... -
A missing link in the Traditional Courts Bill 2017
(ISS & the University of Cape Town, 2018)The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of ...
