Browsing Faculty of Law by Title
Now showing items 107-126 of 912
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Children deprived of their liberty: protection from torture and ill treatment
(Tygerberg: Medical Research Council, 2012)Children deprived of their liberty by the state are, as a result of state officials’ action or inaction, at the risk of death, torture, and ill treatment. Three types of places of detention are discussed, namely prisons, ... -
Children's rights standards and child marriage in Malawi
(University of Florida, Centre for African Studies, 2017)Child marriages occur when one of the parties is below the age of eighteen. In Malawi, research has shown that most child marriages are a result of cultural practices. To comply with various international and regional ... -
Children’s rights and parental authority: African perspectives
(Routledge, 2021)Traditionally, children in African societies were raised communally, with extended family members playing a vital role in child rearing and care. Social reality is playing a formative role in relation to family law and ... -
‘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 ... -
City regions in pursuit of SDG 11: Institutionalising multilevel cooperation in Gauteng, South Africa
(Routledge, 2019)Metropolitan areas are becoming more and more important in shaping the future of the planet. In 2017 there were 34 megacities worldwide, i.e. cities with a population of over 10 million. It is expected that this number ... -
Civic space and human rights advocacy in the extractive industry in Uganda: Implications of the 2016 Non-Governmental Organisations Act for oil and gas civil society organisations
(African Human Rights Law Journal, 2018)The discovery of oil and gas in Uganda has been identified as having the potential to transform Uganda’s economy, moving Uganda away from a predominantly low-income to a competitive upper-middle-income country by 2040. ... -
Climate adaptation planning for resilient and sustainable cities: Perspectives from the City of Rotterdam (Netherlands) and the City of Antwerp (Belgium)
(Cambridge University Press, 2022)Climate adaptation planning in pursuit of resilient and sustainable societies has become a focal point in urban policy. Climate adaptation planning is generally regarded as separate from traditional urban planning ... -
Cluster foster care: a panacea for the care of children in the era of HIV/Aids or an MCQ?
(Stellenbosch University (SUNJournals), 2010)The ravages wrought by HIV/AIDS on child-care arrangements in the African context are well documented (Richter & Sherr, 2009; Sloth-Nielsen & Mezmur, 2008; Tsegaye, 2007; sources cited there). Notably, these constitute ... -
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 ... -
Collective bargaining and worker participation
(Juta Law, 2000)Introduction: The relationship between collective bargaining and worker participation has two main aspects - • the interaction between collective bargaining as a process (at workplace; sectoral and subsectoral level) and ... -
A common law hydra emerges from the forum-shopping swamp
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The community leaders training workshop, Cape Town, 10-11 March
(Sabinet, 2020)This workshop formed part of a series that since 2015 has been looking at issues of housing, health, social security and other constitutional matters. With its emphasis on the social determinants of the right to health, ... -
Community participation: The cornerstone of (local) participatory democracy
(Community Law Centre, University of the Western Cape, 2007)Community participation is key to the functioning of local government. One of the constitutional objects of local government is to encourage the involvement of communities and community organisations in local government. ... -
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 analysis of protective measures for vulnerable and intimidated victim-witnesses in South African and English law.
(Criminological and Victimological Society of Southern Africa (CRIMSA), 2010)This article evaluates protective measures for vulnerable witnesses in light of both the Victims' Charter and measures in English law, giving effect to the right to protection in the Framework Decision on the Standing of ... -
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. ... -
Comparing the application of the islamic law of succession and administration of estates in Singapore and South Africa
(Researchgate, 2020-04)This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator ... -
Compensation orders in criminal proceedings - a fresh perspective
(Litnet Akademies, 2017)South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ... -
Compulsory licensing and access to medicines in post Doha era: What hope for Africa?
(Netherlands International Law Review, 2008)The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1994, an outcome of the Uruguay Round negotiations, radically altered the role of international trade law in promoting and enforcing intellectual ... -
The conditional early release of offenders transferred from the Special Court for Sierra Leone to serve their sentences in designated states: some observations and recommendations
(Juta Law, 2014)The Special Court for Sierra Leone (SCSL) (now the Residual Special Court for Sierra Leone) convicted various offenders of crimes, such as war crimes and crimes against humanity. These convicted offenders were sentenced ...