Browsing Faculty of Law by Title
Now showing items 27-46 of 912
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African Commission reaffirms protection of socio-economic rights in the African Charter
(ESR Review : Economic and Social Rights in South Africa, 2010)In July 2010, the ruling of the African Commission on Human and Peoples' Rights (African Commission) in relation to communications 279/03 and 296/05 was made public, the decision having been adopted in May 2009. The ... -
The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique
(Community Law Centre, University of the Western Cape, 2014)On 8 May 2014, in Luanda (Angola), the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Use and Conditions of Arrest, Police Custody and Pre-trial Detention in Africa (hereafter the ... -
The African Union two-dimensional solidarity normative agenda: between contestation and cooperation
(University of the Western Cape, 2024)The idea of solidarity is not neither new to Africa nor to African peoples. In fact, it was Obina Okere who once remarked that “African conception of man is not that of an isolated and abstract individual, but an integral ... -
The African Women's Protocol and sexual rights
(The International Journal of Human Rights, 2014-11)‘Sexual rights’ are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care ... -
The Alexandra township de-densification project during the Covid-19 crisis: Challenges and potential lessons
(University of the Western Cape, 2022)In response to the Covid-19 (hereafter referred to as ‘virus’) pandemic, the South Africa government established different measures to try to slow down the spread of the virus. One of the strategies was to focus on population ... -
All roads lead to property: Pashukanis, Christie and the Theory of Restorative Justice
(North-West University, 2013)The name of Evgeny Pashukanis, the Bolshevik jurisprudent, is linked umbilically to the so-called commodity form theory of law. In his Law and Marxism Pashukanis develops a general theory of law which turns upon the ... -
Alleviating poverty through retirement reforms
(Pretoria University Law Press (PULP), 2020)Older persons in South Africa may be described as a sizeable but vulnerable group requiring specific protection. One of the ways in which the country can provide for the socio-economic needs of its older population is ... -
Alternative sentencing in South Africa: an update
(Institute for Security Studies, 2005)With South Africa’s ever growing prison population, the hope is often expressed that non-custodial sentencing options or ‘alternative sentencing’ will relieve the overcrowding and its associated ills. The current situation ... -
Amendements de la loi sur l’équité en matière d’emploi en Afrique du Sud : à côté de la cible !
(Open edition journals, 2023)En mai 2022, le Parlement sud-africain a « donné le feu vert » au Projet d’amendement de la loi sur l’équité en matière d’emploi B14B - 20202. Le Projet d’amendement des dispositions de la loi n°55 de 1998 sur l’équité en ... -
An overview of recent changes to corporate governance frameworks as it pertains to executive remuneration
(University of Fort Hare, 2012) -
An analysis of professor Lourens du Plessis’ early (pro-life) and later (prochoice) perspectives on abortion
(Nelson Mandela University, 2016)Abortion, or termination of pregnancy, albeit in gradations from most to less restrictive to unrestricted, has always been legally allowed in South Africa. This questions the need for the introduction of new law. ... -
An analysis of the contribution of the African human rights system to the understanding of the right to health
(African Human Rights Law Journal, 2021)The right to health is one of the important rights guaranteed in international and regional human rights instruments. Over the years the content and nature of this right have evolved through the works of scholars and ... -
An analysis of the duty to reasonably accommodate disabled employees: a comment on Jansen v Legal Aid South Africa
(University of the Western Cape, 2020)Persons with disabilities are a historically marginalised minority, who have the capacity to make a valuable contribution in the workplace. Recent case law suggests that the duty to reasonably accommodate disabled employees ... -
An Analysis of the Human Rights and Gender consequences of the New South African Constitution and Bill of Rights with regards to the recognition and implementation of Muslim Personal Law
(The University of the Western Cape, 1996)Prior to the new constitutional dispensation in South Africa all women had identities of race and gender imposed on them. With a new dispensation in place Muslim women, however, still have to deal with identities attributed ... -
An Analysis of the Islamic Law Based Developments in the South African Law of Succession
(2020)South Africa is a secular state with a constitution that guarantees the right to freedom of religion and the right not be discriminated against on religious basis. Over three quarter of a million Muslims live in South ... -
An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession
(Sabinet, 2020)There are 35 verses in Al Quraan that refer to succession. A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an – English Translation of the ... -
An analysis of the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession : a South African case study
(Obiter, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(University of Zurich, 2021)Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This ... -
An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
(ASSAf, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ...