Browsing Faculty of Law by Title
Now showing items 192-211 of 912
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Demystifying the Mahr found in Muslim marriages
(Without Prejudice, 2020)One of the most common characteristics of an Islamic marriage is that it commences with a proposal referred to as ijba or rishta. Although the observance of a formal proposal is not strictly a requirement found in traditional ... -
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013)Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ... -
Derrida and legal scholarship: A certain step beyond
(Springer, 2009)A book review of 'Derrida and Legal Philosophy' edited by Peter Goodrich, Florian Hoffmann, Michel Rosenfeld, Cornelia Vismann, published by Palgrave Macmillan (Basingstoke, Hampshire/New York), 2008, ISBN-13: 978-0-230-57361-1. -
Derrida's 'The Purveyor of Truth' and constitutional reading
(Springer, 2008)In this article the author explores Jacques Derrida’s reading in ‘The Purveyor of Truth’ of Edgar Allan Poe’s ‘The Purloined Letter’. In his essay, Derrida proposes a reading which differs markedly from the interpretation ... -
Derrida, the conditional and the unconditional
(Juta Law, 2007)In his recent book, Law and Sacrifice: Towards a Post-Apartheid Theory of Law, Johan van der Walt gives a clear exposition of the possible impact of inter alia Jacques Derrida's thinking on law. In this article, the book ... -
A descriptive analysis of South African and Islamic abortion legislation and local Muslim community responses
(Yozmot Heiliger Ltd, 2002)The issue of abortion has been the subject of much debate in the recent past in South Africa. Prior to 1996 abortion legislation was punitive and therefore one with which conservative Muslims could identify. Since 1996 the ... -
Desire and language in Derrida’s 'Force of Law'
(Franz Steiner Verlag, 2009)In this article, the author proposes a reading of 'Force of Law' from two angles: boundless desire and the ‘law’ of language. The author contends that an analysis from these perspectives casts new light on the notion of ... -
A developing dialogue – children’s rights, children’s law and economics: surveying experiences from Southern and Eastern African law reform processes
(Tilburg University Schoordijk Institute, 2008)Law reform in southern and eastern African countries to domesticate the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), to synthesize common, civil and ... -
Developing norms and standards on maternal mortality in Africa: lessons from UN human rights bodies
(African Human Rights Yearbook, 2017)The African Charter on Human and Peoples’ Rights and the Protocol to the African Charter Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol) contain useful provisions for addressing ... -
Developmental local government in South Africa: institutional fault lines
(UTS Centre for Local Government, 2009)This paper provides a brief introduction to the recent history of, as well as the legal and policy framework for, local government in South Africa. It discusses the transformation of local government from a racially ... -
Devolution by court injunction: The case of land use planning and management in South Africa
(Uganda Management Institute, 2016)In South Africa, the legal and policy framework for land use planning and control underwent a significant transformation in which power over land use planning and control was shifted from provinces to local governments. ... -
Die bekendmaking van die identiteit van anonieme minderjariges by meerderjarigheid: regverdigbaar of nie?
(LitNet Akademies, 2016)Die identiteit van minderjariges word nie bekendgemaak tydens hofverrigtinge nie. Sowel getuies as slagoffers en oortreders kry hierdie vergunning en word deur die wetgewer beskerm. Hierdie beskerming verval egter wanneer ... -
Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
(Emarald Publishing, 2020)Purpose – The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their ... -
Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
(Emerald, 2020)The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees ... -
The disclosure of the identities of anonymous minors upon the age of majority: clean slate or dismal fate?
(LitNet Akademies, 2016)The identity of minors (juveniles under the age of 18 years) is protected during court proceedings. However, when they turn 18, their identities are no longer withheld by the courts and the media. This article examines two ... -
A discourse on the plight of South African women in the face of abuse and neglect
(University of the Western Cape, 2021)An upsurge in the rate of violence against women has an adverse effect on women in South Africa. Sadly, many South African women who are the victims of violent sexual conduct, such as, rape and other forms of violent sexual ... -
Discrimination on an ‘arbitrary ground’ and the right of access to justice
(Jute, 2021)In Naidoo & others v Parliament of the Republic of SA the Labour Appeal Court interpreted ‘arbitrary ground’ in s 6(1) of the Employment Equity Act by rejecting a ‘broad’ interpretation (ie the grammatical meaning of the ... -
Discussing the fundamental principles inherent to effective systems of caregiving leave
(Scielo, 2020)Achieving a healthy work-family life balance is becoming increasingly difficult and is generally dependent on a combination of factors. Such factors include the nature and intensity of work engaged in, available legislative ... -
Dissolution of a muslim marriage by divorce
(Juta, 2014)Although Muslims first arrived in South Africa more than 350 years ago and two decades have passed since the advent of democracy, their religious marriages are currently not formally recognized in terms of the (common) ... -
District municipalities : giving effect to shared authority in local government
(Law, Democracy & Development, 2003-01)A new feature of local government outside metropolitan areas is the establishment of 47 district municipalities in December 2000. They share legislative and administrative powers with local municipalities in their area. ...