Browsing Faculty of Law by Title
Now showing items 823-842 of 904
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Testamentary rescue: an analysis of the intention requirement in Australia and South Africa
(LexisNexis Australia, 2014)This article provides a legal-comparative perspective on the rescue of formally irregular wills through the exercise of judicial dispensing powers in Australia and the comparable exercise of a judicial condonation power ... -
Testing the metal of the Municipal Systems Amendment Act of 2011
(Local Government Bulletin, 2012-06)The Local Government: Municipal Systems Amendment Act 7 of 2011 sought to put a halt to a phenomenon of staffing municipalities with unqualified people, thereby ensuring that skilled people are appointed. Its provisions ... -
They keep saying, ‘My President, my Emperor, and my All’: Exploring the antidote to the perpetual threat on constitutionalism in Malawi
(Community Law Centre, University of the Western Cape, 2013)Constitutionalism is the liberal democratic value that aims at having a constitutional government whose powers are capable of being effectively limited. A country’s constitution plays the major role in ensuring constitutionalism ... -
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 ... -
Thinking Out of the Box: Fair Work for Platform Workers
(Routledge, 2020)The burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much legal effort has been ... -
Thirty years of the CRC in Africa
(Routledge, 2021)This chapter reviews 30 years of the Convention on the Rights of the Child in Africa. It notes that there has been significant upgrading and modernisation of child law throughout the continent, notably in child protection ... -
The threat of trade-based money laundering To the African continental free trade area
(University of the Western Cape, 2018)Africa has dedicated considerable effort to establishing a Continental Free Trade Area to facilitate intra-African trade and deepen economic integration. However, the liberalisation and facilitation of trade on the ... -
The toilet war
(Community Law Centre, University of the Western Cape, 2010)The City of Cape Town built unenclosed toilets in Makhaza, an informal settlement in Ward 95 of Khayelitsha. It did so on the understanding that the community would erect their own enclosures. This led to a public outcry, ... -
Too little? Too late? The implications of the Grootboom case for state responses to child-headed households
(University of the Western Cape, 2003)The article begins with an overview of the socio-economic context surrounding child-headed households and then discusses the constitutional obligations that rest on the state vis-a-vis children growing up in these settings. ... -
Towards a legal and regulatory framework for South African domestic remittances: Some considerations
(AHMR - African Human Mobility Review, 2021)This paper is an exploratory study that examines the legal and regulatory framework for domestic remittances within the South African legal context. The author makes some proposals for consideration in the review of the ... -
Towards a new juvenile justice system in Namibia
(Intersentia, 2019)Namibia ’ s moves towards developing a new juvenile justice system for children in conflict commenced a quarter of a century ago. A country which emerged from the ravages of apartheid colonisation and a bloody civil war ... -
Towards a professionalised municipal administration
(Community Law Centre, University of the Western Cape, 2010)The Department of Cooperative Governance and Traditional Affairs (CoGTA) has published proposed amendments to the Municipal Systems Act which will do much to promote a more professional administration by way of better-qualified ... -
Towards an understanding of repeat violent off ending
(Institute for Security Studies, 2010-07)Th is paper explores South African and international literature relevant to repeat off ending. It reviews the international literature on violent and aggressive behaviour and relevant, but limited, South African literature ... -
Towards comprehensive guidance for states in the African region to respond to children’s rights in emergencies, disasters and pandemics
(Brill Nijhoff, 2021)The covid-19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection ... -
Towards equality for women with disabilities in South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities
(2021)The United Nations Convention on the Rights of Persons with Disabilities provides for various rights that must be prioritised by states parties which have signed and ratified it, with particular emphasis on the right to ... -
Towards the adoption of the international complaints mechanism for enforcing socio-economic rights under the ICESCR
(2008)Over the years, there has been increasing support for an international complaints mechanism for socio-economic rights. -
Training for police on the Domestic Violence Act
(Community Law Centre, University of the Western Cape, 2009)The inadequate or inappropriate police responses to domestic violence often result from a lack of knowledge of the Domestic Violence Act (DVA) and the National Instruction or from a misinterpretation of the DVA’s provisions. ... -
The transfer of enterprises and the protection of employment benefits in South and Southern Africa
(Faculty of Law, University of the Western Cape, 2004)Introduction:The era of globalisation has brought sweeping change to the workplace. Transfers, mergers, outsourcing and an erosion of employment security have been among the consequences. In a country with an inadequate social ... -
‘Transferring sentenced persons (offenders) to the United Kingdom: highlighting some of the human rights issues courts have had to deal with'
(Centre for International and Public Law, Brunel University London, 2014)As at 30 September 2013 13 per cent of the prison population in England and Wales were foreign national offenders. Convicted UK nationals are also serving prison sentences in foreign jurisdictions. The UK government has ... -
Transnational economic crime: The example of “gold laundering”
(University of the Western Cape, 2018)Allow me first to thank the organisers of this conference for affording me the honour of giving this opening speech. The issues which the conference is addressing indeed are closely interlinked. Corruption almost always ...