Browsing Faculty of Law by Title
Now showing items 574-593 of 904
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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 ... -
The place and role of local government in federal systems
(Konrad-Adenauer-Stiftung, 2005)South Africa has embarked on an important experiment of creating a decentralised system of government comprising three spheres of government – national, provincial and local. In comparison with international practice, ... -
The Place of the "Minimum Core Approach" in the Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan Constitution
(Journal of African Law, 2015)The high levels of poverty, inequality and socio-economic marginalisation that bedevilled Kenya for generations led to a struggle for a new constitutional dispensation, which culminated in the promulgation of a new, ... -
A plea of double jeopardy by accused employers: are there limits?
(Nelson Mandela University, 2021)The rule against double jeopardyentails that, generally, apersoncannot be charged more than oncefor the same, or substantially the same, offenceor misconduct in respect of whichhe or she has been convicted or ... -
Pocket Guide to Arrest and Detention in Malawi, Lilongwe
(Paralegal Advisory Services Institute (PASI), Catholic Commission for Justice and Peace (CCJP), Centre for Human Rights and Rehabilitation (CHRR), the Centre for Human Rights Education, Advice and Assistance (CHREAA), and the Community Law Centre (CLC) of the University of the Western Cape, 2015)This guide is for anyone who needs a quick reference to the laws around arrest and detention in Malawi. This may include police, court clerks, prosecutors, magistrates, paralegals and detainees. First there is an orientation ... -
Policies to prevent corruption in Nigeria: Enforcement of the right to education
(University of Western Cape, 2019)This paper investigates how well Nigeria conforms to international best practices on the right to education. The quality of education that is available to Nigerians is affected by inadequate budgetary allocation, which ... -
Policy and practice in South African prisons: an update
(Law, Democracy & Development, 2005)In June 2003, the Civil Society Prison Reform Initiative (CSPRI) released a policy review concerning major developments in penal policy in South Africa since the advent of constitutionalism in 1994. This paper was widely ... -
Policy and practice in South African prisons: an update
(University of the Western Cape, 2005)Julia Sloth-Nielsen points to challenges in the correctional system that South Africa's new constitutional democracy was faced with, including the deep-rooted militaristic tradition that needed to be replaced and the ... -
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 ... -
The political-administrative interface in local government - Assessing the quality of local democracy
(Community Law Centre, University of the Western Cape, 2009)Municipalities have registered a tremendous democratic and service delivery record, yet the public perception of them is troubling. Municipalities are too often identified with corruption, inefficiency and inaccessibility. ... -
The political-administrative interface in South African municipalities assessing the quality of local democracies
(UTS Centre for Local Government, 2010)South African municipalities experience serious challenges in dealing with the interface between politicians and officials. Inappropriate political interference in administrative matters as well as strained relations ... -
The politics of sub-national constitutions and local government in Ethiopia
(Perspectives on Federalism, 2014)The federal Constitution of Ethiopia provides the regional states - the constituent unit of the federation –with the power to draft, adopt and amend their own constitutions, thereby allowing each of the regional states to ... -
Polygynous Muslim marriages in South Africa: their potential impact on the incidence of HIV/AIDS
(North-West University, 2009)Introduction: Polygyny is generally deemed to be incompatible with Western norms of monogamy and equality, and, therefore, discriminatory to women. This article does not debate the merits and demerits of this view, but ... -
Pornography is going on-line: the harm principle in Dutch law
(Faculty of Law, UWC, 2013)The pornography of 19th century Victorian society, Steven Marcus observes in The Other Victorians, gave expression to a fantasy that exactly mirrored the public ideal image of chastity in reverse reflection. As exemplary ... -
Position paper on the provincialisation of personal primary health care services
(South African Local Government Association, 2009)Primary health care (PHC) was internationally accepted in 1978 as the preferred system for health care. It is defined in the Declaration of Alma Ata and includes essential care, which is appropriate, available and affordable ... -
Post Arab uprising – where are the voices of women in Tunisia in 2020?
(International Journal of Arts Humanities and Social Sciences, 2020)The state is committed to the protection of acquired rights for women and works to support and develop them. The state shall endeavour to achieve the principle of party between men and women in elected councils . The state ... -
Post-election analysis: Editorial
(Community Law Centre, University of the Western Cape, 2009)The 2009 national and provincial elections have come and gone. As expected, the results have reshaped politics. The new President has promised a marked improvement in the service delivery and performance of the public ... -
The potential of the Expert Committee of the African Children’s Charter in advancing adolescent sexual health and rights in Africa
(Institute of Foreign and Comparative Law, 2013)This paper examines the role of the African Committee of Experts on the Rights and Welfare of the Child (ACE) in advancing the sexual and reproductive rights of adolescent girls in Africa. The paper focuses on the ... -
The potential of the International Covenant on Economic, Social and Cultural Rights as a tool for poverty reduction in South Africa
(ESR Review, 2014)Together the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR; hereafter ‘the Covenant’) represent the fundamental human rights commitments ... -
Poverty, women and the human right to water to grow food
(ESR Review, 2014)The global community is united in its commitment to remove the scourge of world poverty. One core factor to achieve this is access to water from which poor people, especially women, draw multiple benefits. Such benefits ...