Browsing Research Articles (Faculty of Law) by Title
Now showing items 249-268 of 426
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“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 ... -
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 ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(University of Pretoria, 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 ... -
Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2009)The 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the ... -
Overcoming the past and shaping the future: The quest for relevance in teaching and researching public administration in Africa
(Springer, 2021)The status of teaching and research on public administration in Africa countries, in many respects, remains a vestige of the colonial era and this is reflected in the epistemologies that underpin the design of the curricula ... -
An Overview of Divorce and Dispute Resolution in Islamic Law
(LexisNexis, 2004)This article is based on a paper presented at International Conference on Divorce: Causes and consequences held in Beijing in July 2004 and sponsored by the International Society of Family Lawyers and China University of ... -
An overview of the first draft of the conduct of financial institutions bill and the potential impact on the national payment system in South Africa
(Juta Law, 2020)Over the last decade National Treasury (‘Treasury’) has been rigorously acting on its commitment to promote a stable and safe financial sector for South Africa. The means by which Treasury elected to do so was the decision ... -
Overview of the role-players in the investigation, prevention and enforcement of market-abuse provisions in South Africa
(Nelson Mandela university, 2013)This article analyses the role and effectiveness of selected key role-players primarily dealing with the investigation, prevention and enforcement of the market abuse prohibition in South Africa in order to increase awareness ... -
Palliative care for terminally ill inmates: Does the state have a legal obligation?
(Juta Law, 2012)‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right ... -
Parliamentary oversight of extractive industries
(University of the Western Cape, 2018)Africa has experienced a boom in extractive industries since the beginning of this century. Extractive companies often are exposed not just to government patronage, but also to requests to consider local third-party ... -
Part two: Debunking prevailing scholarly views pertaining to the apostasy of alleged descendants of Shaykh Yusuf of Makassar
(UIN Sunan Kalijaga, 2020)This paper is the second part of the two articles that discuss the controversy over the conversion of religion in the family of Shaykh Yusuf of Makassar after being exiled in South Africa during the Dutch colonial period ... -
Pashukanis on crime and punishment
(University of Pretoria, 2013)Evgeny Pashukanis deservedly is famous as the author of the so-called commodity form theory of law. In his Law and Marxism he postulated that the form of legal relations held the key to the Marxist critique of law and ... -
Peacebuilding and the Interface of State Law and Indigenous Market Laws in Southern Nigeria
(2020)How the interface of state law and indigenous market laws contributes to peacebuilding in Nigeria is an unexplored question that demands attention. First, law, human security and peace are interrelated through the cultural ... -
Pecunia non olet: dirty money as legal fees
(Bellville: University of the Western Cape, 2017)It is axiomatic that lawyers have to be paid for their services. Regrettably, lawyers who represent money launderers may be offered dirty money, that is, proceeds of crime as fee payments by their clients. This essay ... -
Perfecting a general notarial bond: you can't have your cake and eat it! ABSA bank limited v go on supermarket (Pty) limited (the spar group limited intervening) (9442/2022) [2022] zagpjhc 173 (24 March 2022)
(Potchefstroom Electronic Law Journal (PELJ), 2023)A general notarial bond registered over movable property grants the bondholder a real security right enforceable against third parties only if the bond has been perfected by transferring possession of the property to the ... -
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment
(University of the Western Cape, 2004)This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and, in particular, the responsibility of local government. Local authorities are ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Taylor & Francis, 2020)This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Routledge, 2020)This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an ... -
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc - A case of cyber laundering through an attorney's trust account
(University of the Western Cape, Faculty of Law, 2013)Money launderers are always exploring new channels to clean their ill-gotten gains. The attorney’s trust account is especially attractive to persons, or organisations, that seek to launder money. As a result, the Financial ...