Browsing Faculty of Law by Title
Now showing items 256-275 of 902
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The essence vindicated? Courts and customary marriages in South Africa
(Pretoria University Law Press, 2017)This article describes different approaches in which courts have determined the validity of customary marriages under the Recognition of Customary Marriages Act in order to address the historical injustices of vulnerable ... -
Ethical and legal implications of whole genome and whole exome sequencing in African populations
(BioMed Central, 2013)BACKGROUND: Rapid advances in high throughput genomic technologies and next generation sequencing are making medical genomic research more readily accessible and affordable, including the sequencing of patient and control ... -
Ethiopia: Legal response to Covid-19
(Oxford University Press, 2021)The Constitution of the Federal Democratic Republic of Ethiopia (FDRE),1 which was promulgated in 1995, is the supreme law of the country which, among other things, defines the Ethiopian state and government structures.2 ... -
Ethnic federalism and internal minorities: the legal protection of internal minorities in Ethiopia
(Edinburgh University Press, 2013)Not a single federal arrangement has been successful in demarcating the territorial matrix of the federation into separate ethnically defined territorial units. The decade-old federal experiment in Ethiopia is no exception ... -
A European compass for transporting personal data on the new silk road
(Oxford University Press, 2020)In the new era of Open Science, the European Union strongly promotes that all sorts of data should be able to roam freely within the academic world (LERU 2018). A free flow of data enables researchers to not only check ... -
Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations
(University of Pretoria, 2020)The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the ... -
Evaluating the role of the African committee of experts on the rights and welfare of the child in the Covid-19 era: Visualising the African child in 2050
(University of Pretoria, 2021)Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment ... -
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017)This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary ... -
An evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the ... -
An evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of the Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic ... -
Eviction process in Nigeria: the need for meaningful engagement
(Commonwealth Law Bulletin, 2018)The important process of meaningful engagement with persons affected by eviction has been greatly under-utilised in Nigeria and this leaves the victims in a dire situation as their yearnings are hardly met. Having regard ... -
Evictions in South Africa during 2014: An analytical narrative
(ESR Review : Economic and Social Rights in South Africa, 2015)The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These ... -
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ... -
The Evolution of the concept of 'unfair discrimination' in South African Labour Law
(Juta Law, 2006)Introduction:This article examines the meaning and scope of the prohibition of unfair discrimination against employees contained in s 6 of the Employment Equity Act in the light of the development of the concept of 'unfair ... -
Evolving statutory derivative action principles in South Africa: The good faith criterion and other legal grounds
(Cambridge University Press, 2021)The recent Supreme Court of Appeal (SCA) judgment in Lazarus Mbethe v United Manganese of Kalahari raises jurisprudential questions regarding statutory derivative actions in South Africa. For example, the SCA did not ... -
Ex-prisoners' views on imprisonment and re-entry
(Civil Society Prison Reform Initiative, 2009)This research project gathered information from ex-prisoners about their experiences during and after imprisonment. Knowing what prison system users think and say about the system is important because they are ultimately ... -
Ex-prisoners' views on imprisonment and re-entry
(Community Law Centre, University of the Western Cape, 2009)In the past 15 years much research has been conducted on the prison system in South Africa focusing on governance, law reform and human rights. It is, however, of particular concern that the voices of prisoners and ... -
An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?
(Law Faculty, University of the Western Cape, 2004)Introduction: In Muslim personal law, the husband on pronouncing a divorce has a number of legal obligations towards his wife including maintenance and payment of outstanding dower. While there is no dispute among Muslim ... -
An exploratory analysis of central bank digital currencies — some considerations
(SA mercantile law journal, 2022)The history of central banking began with payment services. Ever since then, payment-related innovation has always been an integral part of central banking (BIS Committee on Payments and Market Infrastruc- tures and Markets ... -
Exploring the link between poverty and human rights in Africa
(Pretoria University Law Press, 2020)Poverty remains one of the greatest challenges facing humanity in this century. Despite the fact that the world is blessed with natural and human resources, a significant number of people, particularly in developing countries, ...