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Implementing Article 45 of the UN Convention against Corruption in Africa: prospects and challenges
(Nomos Verlagsgesellschaft mbH, 2013)
Article 45 of the United Nations Convention against Corruption empowers states parties to enter into bilateral or multilateral agreements or arrangements on the transfer of offenders convicted of offences in one country ...
Implications of the official designation of Muslim clergy as authorized civil marriage officers for Muslims polygynous interfaith and same sex marriage in South Africa
(University of Western Cape, 2017)
From 2014 to 2017 some 227 South African Muslim clergy, including three females, graduated as civil marriage officers in terms of the Marriage Act 25 of 1961. Although now vested with dual capacity to perform both Muslim ...
The thin edge of the wedge: ukuthwala, alienation and consent
(Taylor & Francis, 2017)
Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ...
Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction
(Health and Medical Publishing Group (HMPG), 2017)
Individuals are increasingly having recourse to assisted or artificial reproduction in order to realise their desire for offspring. This field is
currently regulated by the National Health Act No. 61 of 2003 (NHA, or the ...
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 ...
Children's rights standards and child marriage in Malawi
(University of Florida, Centre for African Studies, 2017)
Child marriages occur when one of the parties is below the age of eighteen. In Malawi, research has shown that most child marriages are a result of cultural practices. To comply with various international and regional ...
Restoring the ‘historical deficit’: The exercise of the right to freedom of religion and culture in democratic South Africa
(Taylor & Francis, 2013)
On 18 January 1960, LIFE magazine began a series of articles on democracy around the world. The newly independent nation of Ghana (1957) was featured in Part 1 and the cover photograph was of Augustus Molade Akiwumi, the ...
A fresh perspective on historical sexual abuse: the case of Hewitt v S 2017 1 SACR 309 (SCA)
(Academy of Science of South Africa, 2017)
Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ...
What is the future of polygyny (polygamy) in Africa?
(Academy of Science of South Africa, 2017)
The traditional practice of polygyny, whereby only a man is
allowed to marry more than one wife in a customary marriage,
has long been perceived to be an offender of women's rights.
Recent family law reforms on the ...
‘Voices’ of school dropouts about the use of illicit drugs on the Cape Flats, Western Cape
(Criminological and Victimological Society of Southern Africa (CRIMSA), 2017)
The social concerns of communities on the Cape Flats in the Western Cape, are perpetuated by the lack of schooling and it contributes to higher unemployment figures. This article aims to provide a voice for school dropouts ...