Browsing Faculty of Law by Subject "South Africa"
Now showing items 21-40 of 238
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Challenges to effective prison governance in South Africa
(Law, Democracy & Development, 2006)In an attempt to broaden the debate on prison reform in South Africa, this article reports on the findings of the investigation into the status of governance in selected prisons around the country. The study. which set out ... -
The changing face of life imprisonment in South Africa
(Civil Society Prison Reform Initiative, 2008)This article investigates the meaning and use of life imprisonment in South Africa in four major legal historical eras: life imprisonment at the time when the death penalty was still lawful in South Africa (including life ... -
Child poverty and children’s rights of access to food and basic nutrition in South Africa : A contextual, jurisprudential and policy analysis
(Community Law Centre, University of the Western Cape, 2009)The rights to food and basic nutrition have been implemented rather unsystematically in South Africa through a hodgepodge of policies and indirectly by legislation. In view of the dearth of jurisprudence, this paper ... -
‘Citizenship by naturalisation: Are Regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1985 invalid?’
(Juta, 2021)This article argues that regulation 3(2)(b), read with regulation 3(2)(c), issued pursuant to section 23(f) of the South African Citizenship Act 88 of 1995 (“1995 Act”), is invalid and ought to be set aside on judicial ... -
Co-trusteeship and the joint- action rule in South African trust law
(Elsevier, 2013)This article examines the fundamental rule of South African trust law that co-trustees must always act jointly in regard to trust administration. It highlights the rule's foundation, but also contextualizes some of the ... -
Community safety, offender re-entry and local government
(Community Law Centre, University of the Western Cape, 2012)This paper examines the issue of “Community safety, offender re-entry and local government” in South Africa. The impact of the release of large numbers of prisoners back into society on a monthly basis poses particular ... -
A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implication for the Muslim woman
(The University of the Western Cape, 1991)As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ... -
Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
(Juta, 2021)John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' ... -
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(SA Publiekreg = SA Public Law, 2008)The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ... -
The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government
(University of Toronto Press, 2017)“The supremacy of the constitution and the rule of law” are two foundational values of South Africa’s 1996 Constitution (s. 1(c)). An independent judiciary is thus set to play a major role in interpreting and enforcing ... -
The Constitutional Protection of Those Facing Eviction from “Bad Buildings”
(ESR Review : Economic and Social Rights in South Africa, 2008)The Constitutional Court’s judgment in the Olivia case, handed down on 19 February 2008, represents a victory for the occupiers of “bad-buildings” in the inner city of Johannesburg as well as other poor people facing ... -
Constitutionalism, public policy and discriminatory testamentary bequests - a good fit between common law and civil law in South Africa's mixed jurisdiction
(Tulane European & Civil Law Forum, 2012)This article investigates South African courts' treatment of discriminatory testamentary bequests in the pre- and post-constitutional eras. It shows a change in judicial attitude towards such bequests from an accommodating, ... -
Contribution of the health Ombud to accountability: The life Esidimeni tragedy in South Africa
(Health and Human Rights Journal, 2018)Between October 2015 and June 2016, 1,711 people were relocated from mental health facilities operated by long-term provider Life Esidimeni in the South African province of Gauteng to alternative facilities managed by ... -
Corruption in the prison context
(Civil Society Prison Reform Initiative, 2006)The point of departure of this paper is that, in general, corruption is a human rights issue, which is accentuated in the prison context given the nature of imprisonment. Three factors create an intrinsic risk for corruption ... -
Court support workers speak out: Upholding children's rights in the criminal justice system
(Institute for Security Studies (ISS), 2014)The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and whether ... -
The courts and socio-economic rights: carving out a role
(ESR Review, 2002)Although the jurisprudence on the socio-economic rights in the Bill of Rights is still in its infancy, the number of cases coming before the courts is gathering momentum. In particular, the Constitutional Court judgment ... -
COVID-19 casts a shadow over domestic workers
(José Frantz, 2021)Even though they are recognised as workers and covered by certain labour laws, domestic workers remain one of the most poorly paid and disempowered sections of the workforce. Being a hard-to-organise sector, with weak ... -
COVID-19 versus contractual obligations: case in point South Africa?
(Without Prejudice, 2020)The 23rd of March 2020 will forever be etched in the minds of all South Africans: President Cyril Ramaphosa declared a 21-day national lockdown effective from midnight on Thursday, 26 March to Thursday, 16 April to curb ... -
The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?
(Queens University, Belfast School of Law, 2011)Article 40 of the United Nations Convention on the Rights of the Child1 requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure ... -
The criminalization of torture in South Africa
(Cambridge University Press, 2016)This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ...