Browsing Research Articles (Faculty of Law) by Title
Now showing items 231-250 of 426
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Muslim Personal Laws affecting children: diversity, practice and implications for a new children's code for South Africa
(Juta Law, 1998)Introduction: Marriage is seen as an institution for, among various objects, the procreation of children. Children in Islam are ideally seen as the fruits of marriage-for mothers as homemakers to love and nurture and for ... -
Mythology and the images of justice
(University of California Press, 2011)This essay enquires into the depictions of Justice through the ages, as well as the myths surrounding these depictions, more particularly in Egypt, Greece, and Rome, as well as in modern times. The essay departs in significant ... -
THE NATIONAL POLICY FRAMEWORK AND STRATEGY ON PALLIATIVE CARE 2017‒2022: WHAT’S IN IT FOR TERMINALLY ILL INMATES IN SOUTH AFRICA?
(2020)In South Africa many people suffer from serious, incurable health conditions that may render them incapacitated and/or terminally ill. Such persons may inevitably require holistic care such as palliative care. The adoption ... -
The need for statutory protection for whistle-blowers in Nigeria
(University of Western Cape, 2019)Whistleblowers are sentinels of society and of good governance. They are employees who risk their professions and even their lives in the interests of public safety and community well-being. Most countries, especially ... -
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
(Syarif Hidayatullah State Islamic University (UIN) Jakarta, 2022)Muslims, who originate from the East Indies and the Indian subcontinent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) recognized ... -
The new framework planned for the legal recognition and regulation of Muslim marriages in a secular South Africa: From litigation to law reform
(Ahkam Journal, 2022)Muslims, who originate from the East Indies and the Indian subcontinent, have a history in South Africa dating back more than three centuries. Attempts by South African Muslims to have their Muslim marriages (nikāḥs) ... -
New light on old questions? University of Cape Town v Auf Der Heyde (Labour Appeal Court)
(Juta Law, 2002)Introduction:Thomas Auf der Heyde responded to an advertisement for a position of senior lecturer in chemistry at the University of Cape Town (UCT), the duration of which was 'initially for three years with a possible ... -
The new Zimbabwean government’s war on corruption: A lesson for anti-corruption and transitional justice scholars and practitioners?
(University of Western Cape, 2019)There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society’s existing anti-corruption mechanisms may be ... -
Normative intersectionality in married women’s property rights in Southern Nigeria
(2020)The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars’ fixation with conflict of laws. In analysing this ... -
Normative intersectionality in married women’s property rights in southern Nigeria
(University of the Western Cape, 2020)The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this ... -
Not ‘work like any other’: Towards a framework for the reformulation of domestic workers’ rights
(Juta Law, 2011)Introduction: On 15 June 2010 the 99th session of the International Labour Conference (ILC) adopted proposals for a Convention, supplemented by a Recommendation, on decent work for domestic workers. From this has emanated ... -
Nowhere to hide- big brother is watching you: non-communicative personal cellphone information and the right to privacy.
(Nelson R Mandela School of Law, 2010)By utilising the latest cellphone technology, non-communicative personal information, such as, the number that is dialled, the time the call is made, the movement and location of both the caller and the recipient of a call, ... -
The numbering of days: Sentencing and prison population growth
(Institute for Security Studies (ISS), 2007)On 30 May 2007 the Criminal Law Amendment Bill (15 of 2007) was tabled in Parliament, proposing amendments to what has become known as the 'minimum sentences' legislation. The proposed amendments herald another chapter in ... -
Of newborns and nubiles: some critical challenges to children's rights in Africa in the era of HIV/AIDS
(Brill Academic Publishers, 2005)The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children's rights, ... -
Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law
(Juta Law, 2008)Introduction: Although in labour law the term ‘employment relationship’ means more than a contractual relationship, in the vast majority of cases the contract of employment serves as ‘port of entry’ to the employment ... -
On amorphous terms, terrorism and a feeble judiciary: Analysing the dissenting judgment in Maseko v Prime Minister of Swaziland and Others (2016)
(UNISA Press, 2017)On 16 September 2016, the Swaziland High Court delivered judgment in the matter between Maseko and others v Prime Minister of Swaziland and others [2016] SZHC 180, in which it declared certain provisions of the Suppression ... -
On crime and punishment: Derrida reading Kant
(Springer Nature, 2019)This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifcally Kant’s refections on the sovereign ... -
On equating ‘mays’ with ‘musts’: When can a discretionary power be interpreted as a mandatory one?
(Juta, 2021)In this article I investigate when the otherwise permissive term 'may' in an empowering provision can be interpreted as imposing a duty on the recipient of that power to act. In the first part, I examine our courts' ... -
“One moment of extreme irresponsibility”: notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving
(University of the Western Cape, 2013)The 2013 judgment of the Supreme Court of Appeal in Humphreys v The State has provided a measure of clarity as regards the application of the principles of dolus eventualis, particularly the volitional component thereof ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(African Human Rights Law Journal, 2021)In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of ...