Browsing Faculty of Law by Title
Now showing items 207-226 of 912
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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. ... -
District-local municipal relations: The challenges to cooperative government
(Community Law Centre, University of the Western Cape, 2005)Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ... -
District-local municipal relations: The challenges to cooperative government
(Community Law Centre, University of the Western Cape, 2005)Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ... -
Diversion in the South African criminal justice system: emerging jurisprudence
(Juta Law, 2015)On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is 'to establish a criminal justice system for children, who are in ... -
Does the differential criterion for vesting parental rights and responsibilities of unmarried parents violate international law? A legislative and social study of three African countries
(Cambridge University Press, 2011)The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their ... -
Domestic courts and the promotion and protection of the right to freedom from torture in Southern African development community countries
(University of Fort Hare, 2013)The right to freedom from torture is protected not only in the constitutions of all SADC countries but also in some of the regional and international human rights instruments that have been signed, ratified or acceded to ... -
Domestic work and platformisation in India and South Africa: A look at enablers and barriers
(University of the Western Cape, 2022)Globally, the domestic work sector is both highly informal and highly feminised. This article will compile learnings from the domestic work sector in two countries of the Global South — India and South Africa — concerning ... -
Domestic workers in South Africa: inclusion under the compensation of occupational injuries and diseases act
(The Thinker, 2023)After decades of deliberate exclusion from labour laws and social protection in South Africa, domestic workers have slowly been able to taste the fruits of years of laborious fights for recognition, inclusion, and dignity. ... -
Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
(Pretoria University Law Press, 2011)International law approaches the right to education for children with disabilities in a rather generic way. This means that the rights of children with intellectual disabilities have to be gleaned from the general ... -
Don't shout too loud: Reflections on the outrage against human and child trafficking
(Institute for Security Studies (ISS), 2010)Human and child trafficking is regarded as an international crime and serious human rights violation. However, the clandestine and transnational nature of trafficking makes it extremely difficult to apprehend or prosecute ... -
“Don’t try this at home?”: Reasonable or moderate chastisement, and the rights of the child in South Africa with YG v S in perspective
(SAFLII, 2018)In October 2017, in YG v The State, the High Court in Gauteng handed down a judgment that declared the common-law defence of “reasonable or moderate chastisement” unconstitutional. This article, while not a case comment, ... -
DPLG's policy review process: Local government under the spotlight
(Community Law Centre, University of the Western Cape, 2007)On 31 July 2007, the Department of Provincial and Local Government (DPLG) initiated a policy review process of provincial and local government. It will ultimately result in a first White Paper on Provinces and a discussion ... -
The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2006)Historically, economic, social and cultural rights (ESC rights) have received less protection through enforcement mechanisms than civil and political rights. Victims of ESC rights violations do not have the opportunity of ... -
The draft: Municipal financial misconduct regulations
(Local Government Bulletin, 2012-10)On 13 July 2012, the National Treasury published the draft Municipal Financial Misconduct Regulations for public comment. They set out processes and procedures that municipalities and entities must follow when dealing with ... -
Driven Out of Paradise: Illicit Financial Flows and Offshore Leaks
(University of the Western Cape, 2018)Illicit financial flows and recent offshore leaks constitute the topic of this article. As regards illicit financial flows, the focus is on two countries: Switzerland as an example of a country from the North, and South ... -
Drivers of CO2-Emissions in Fossil Fuel abundant settings: (Pooled) mean group and nonparametric panel analyses
(Multidisciplinary Digital Publishing Institute (MDPI), 2020)The present inquiry addresses the income-environment relationship in oil-producing countries and scrutinizes the further drivers of atmospheric pollution in the respective settings. The existing literature that tests the ...