Research Articles (Faculty of Law): Recent submissions
Now showing items 1-20 of 432
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Editorial: fate greylisting: time to revisit the approach
(Emerald Publishing, 2024)The FATF’s non-compliant country and territory “naming and shaming” process of 2000–2006 (FATF, 2007), coupled with its mutual evaluation scheme and methodology introduced in 2002 (Kyriakos-Saad, 2005), provided a firm ... -
Resolving presidential term limits in transitional justice processes: revisiting the 2015 Burundi crisis
(University of the Western Cape, 2022)The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one ... -
Of norms and ambiguity: the contested authority of UN security council and African Union in the use of force in Africa
(University of the Western Cape, 2023)There has been a renewed interest in the debates on the use of force. This resurgence in academic and policy circles can be attributed to the new wave of military interventions after the initial hiatus of the Global War ... -
The African Union two-dimensional solidarity normative agenda: between contestation and cooperation
(University of the Western Cape, 2024)The idea of solidarity is not neither new to Africa nor to African peoples. In fact, it was Obina Okere who once remarked that “African conception of man is not that of an isolated and abstract individual, but an integral ... -
The conundrum of intestate succession for Muslims in Uganda: Gadhis court, women’s rights, and I Islamic inheritance law issues
(Al-Ahwal Research Centre Department of Islamic Family Law, Faculty of Sharia and Law, UIN Sunan Kalijaga, 2023)During the 2018–2022 process to amend the Succession Act, Muslims in Uganda requested a separate law to regulate their inheritance. However, this was rejected by the Parliamentary Committee. As a result, Muslims are governed ... -
Equality before the law and the recognition of same-sex foreign marriages in Namibia: Digashu and another v GRN and others; Seiler-Lilles and another v GRN and others [2023] NASC 14
(SAGE Publications Ltd, 2023)Article 10(1) of the Constitution of Namibian provides for the right to equality before the law. Article 10(2) prohibits discrimination on several grounds. The Constitution of Namibia, unlike that of South Africa (1996), ... -
The making of Uganda's equal opportunities commission act and its interpretation by the commission
(Cambridge University Press, 2023)Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring ... -
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 ... -
Editorial: Towards meaningful action against proliferation financing
(Journal of Money Laundering Control, 2023)Background: The financial action task force (FATF) standards are designed to combat money laundering, terrorist financing and proliferation financing. Threats of Russian employment of nuclear weapons in its conflict with ... -
The political and cultural inclusion of intra-state ethnic minorities in Ethiopia: The case of the Qimant of Amhara state
(Studies in Ethnicity and Nationalism, 2023)Conflicts between the Qimant community – an intrastate minority ethnic group endogenous to Amhara state in the Ethiopian federation – and the state’s special police forces have caused hundreds of deaths and the internal ... -
Private prosecution in Nigeria under the Administration of Criminal Justice Act, 2015
(Cambridge University Press, 2019)Private prosecutions have been part of the Nigerian legal system for a long time. In 2015, the Administration of Criminal Justice Act (ACJA) came into force. The ACJA provides for, inter alia, circumstances in which a ... -
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 ... -
The power of prosecutorial heads to intervene in private prosecutions in commonwealth countries
(Loyola College of Social Sciences, 2022)In most countries public prosecutors are responsible for prosecuting offences. In Commonwealth countries, public prosecutors are headed by Directors of Public Prosecution (DPP), Prosecutors General (PG) or Attorneys-General ... -
Multilevel Governance and Control of the COVID-19 Pandemic in the Democratic Republic of Congo: Learning from the Four First Waves
(MDPI, 2023)The COVID-19 pandemic continues to impose a heavy burden on people around the world. The Democratic Republic of the Congo (DRC) has also been affected. The objective of this study was to explore national policy responses ... -
Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
(Emerald, 2020)The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees ... -
An Analysis of the Human Rights and Gender consequences of the New South African Constitution and Bill of Rights with regards to the recognition and implementation of Muslim Personal Law
(The University of the Western Cape, 1996)Prior to the new constitutional dispensation in South Africa all women had identities of race and gender imposed on them. With a new dispensation in place Muslim women, however, still have to deal with identities attributed ... -
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 evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of the Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic ... -
Tanzania’s post-independence anti-corruption efforts: Examining the prevention and combatting of corruption bureau’s (pccb) role during Magufuli’s regime
(University of the Western Cape, 2020)During the five years of John Magufuli’s presidency, Tanzania’s anti-corruption efforts yielded significant improvements. This improved performance was associated mainly with the President’s personal anti-corruption stance. ... -
The problem of private-to-private corruption
(University of the Western Cape, 2017)Corruption has huge detrimental effects, and private-to-private corruption contributes hugely to this detriment. Its consequences match those of public corruption, particularly in the contemporary world, when private ...