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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 ...
From archaic to modern law: Uganda's Refugees Act 2006 and her international obligations
(The Human Rights and Peace Center (HURIPEC), 2008)
Uganda enacted its first law to deal with refugees in 1955, which was
repealed in 1960 by the Control of Alien Refugees Act. While the 1960 law
was still in force, Uganda ratified international and regional human ...
The constitutionally bound dead hand? The impact of constitutional rights and principles on freedom of testation in South African law
(Juta, 2001)
This article analyses critically the impact of constitutionalism on freedom of testation and its limitation in South African law. It proposes the judicial utilisation of a 'constitutionally-founded boni mores criterion' ...
The constitutional family in the Law of Succession
(Juta Law, 2009)
This article traces the development of the constitutional family in the South African law of succession through a synopsis of Constitutional Court and High Court judgments on the application of the Intestate Succession Act ...
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)
When the death penalty was declared unconstitutional in South Africa,
the government enacted the Criminal Law Amendment Act in 1997 which,
amongst other things, stipulated that a person convicted of some of the
scheduled ...
The African Commission on Human and Peoples' Rights and the promotion and protection of refugees' rights
(Pretoria University Law Press (PULP), 2009)
African countries have been host to and have produced refugees for decades. These refugees have fled their countries for various reasons, including political and religious reasons. Many African countries are party to the ...
International human rights law and foreign case law in interpreting constitutional rights: The Supreme Court of Uganda and the death penalty question.
(Pretoria University Law Press (PULP), 2009)
On 21 January 2009, the Supreme Court of Uganda handed down a judgment in which it held that the death penalty was constitutional, that a mandatory death sentence was unconstitutional, that hanging as a mode of execution ...
Why the Supreme Court of Uganda should reject the Constitutional Court's understanding of imprisonment for life
(Pretoria University Law Press (PULP), 2008)
The issue of life imprisonment is always a contentious one. Some people
argue that life imprisonment should mean what it means, namely 'wholelife'.
In Uganda, life imprisonment continues to mean imprisonment of 20
years. ...
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 ...
The fiduciary office of trustee and the protection of contingent trust beneficiaries
(Juta Law, 2007)
This contribution focuses on two matters pertinent to the office of trustee.
First, the fiduciary nature of the office of trustee is investigated, with particular
reference to the essence of a trustee’s fiduciary duty. ...