Browsing Faculty of Law by Title
Now showing items 138-157 of 902
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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 constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution
(Oxford University Press, 2003)The article reviews the process of liberalization of child and family law that has occurred since the adoption of South Africa's 1996 Constitution. Although the Constitution does not expressly protect the right to family ... -
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 ... -
The constitutional protection of those facing eviction from “bad buildings”
(ESR Review, 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 ... -
Constitutionalising socio-economic rights in SADC: An impact assessment on judicial enforcement in South Africa, Zimbabwe, Botswana, Lesotho and Zambia
(Nelson R Mandela School of Law, 2020)This paper assesses the manner in which socio-economic rights have been incorporated into the constitutions of selected countries in the Southern African Development Community. This debate is particularly important ... -
Constitutionalism and electoral authoritarianism in Ethiopia: From EPRDF to EPP
(Oxford University, 2020)Ethiopia has had little experience of democratic political systems. For centuries it was a monarchy, ruled by successive emperors who traced their political authority to divine sources as opposed to the people.1 Although ... -
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, ... -
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' ... -
Constructing pre-trial detention indicators for African contexts: Problems and proposals
(Dullah Omar Institute, 2015)This discussion paper arose from the conundrum faced by a paralegal organisation working in an African country in demonstrating both that pre-trial detention is a problem in that country, and that their work has an impact ... -
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 ... -
Controlling public health emergencies in federal systems
(Routledge, 2021)It was merely a day after the World Health Organization (WHO) declared the coronavirus disease (Covid-19) a global pandemic that Ethiopia recorded its first case of infection. On 12 March 2020, a week after entering the ... -
The convention on the rights of the child, migration, and Australia: Repositioning the convention from being a ‘wish list’ to a ‘to do list’ the 2018 Australian human rights institute annual lecture
(Routledge, 2019)I was not terribly sure how many people I could reasonably expect for this lecture, especially since the former Prime Minister, the Hon. Tony Abbort, has said that Australians are sick of being lectured to by the United ... -
Corporatism and collective bargaining in a democratic South Africa
(Juta Law, 1995)Introduction:The theme of 'emerging models of worker participation and representation' is uniquely appropriate in relation to South Africa today. In February 1995 a draft labour statute, designed to replace the existing ... -
Correcting the historical asymmetry between rights: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(Pretoria University Law Press (PULP), 2009)On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ... -
Correcting the historical asymmetry between rights : the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(African Human Rights Law Journal, 2009)On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ... -
Corrupting perceptions: The impact of the united nations convention against corruption on corruption perceptions index scores
(University of Western Cape, 2019)This paper examines the impact early ratification of the United Nations Convention against Corruption has on a country’s Corruption Perceptions Index score. It builds on much of the recent scholarly work that explores ... -
Corruption in Kenya during the Covid-19 pandemic and the right to health: Lessons learnt and future prospects
(University of the Western Cape, 2022)Kenya has made positive strides in fighting corruption through signing and ratifying the United Nations Convention Against Corruption and the African Union Convention on Prevention and Combating Corruption. These Conventions ... -
Corruption in the new public procurement regime in Nigeria
(University of the Western Cape, 2018)Corruption in the public procurement system has been a major obstacle to Nigeria’s economic development and, as such, it has remained one of the prime concerns of successive governments, both military and civilian, since ... -
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 condemns political interference in municipal manager's appointment
(Community Law Centre, University of the Western Cape, 2009)Amathole District Municipality, a municipality controlled by the African National Congress (ANC), advertised the position of municipal manager. The recruitment process was subject to the municipality’s Recruitment Policy, ...