Browsing Faculty of Law by Title
Now showing items 269-288 of 902
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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, ... -
Expungement of a criminal record Crimes committed by a child
(Dullah Omar Institute, 2018)Expungement removes the criminal record of your conviction from the Criminal Record Centre of the South African Police Service (SAPS). This allows a person to carry on with life without a criminal record being an obstruction ... -
Expungement of a criminal record May 2018 Crimes committed by an adult
(2018)Expungement removes the criminal record of your conviction from the Criminal Record Centre of the South African Police Service (SAPS).This allows a person to carry on with life without a criminal record being an obstruction ... -
Extending the frontiers of employment regulation: the case of domestic employment in South Africa
(Faculty of Law, University of the Western Cape, 2010)Domestic workers form one of the most vulnerable and exploited sectors of the workforce in the world economy. In 2002 South Africa became one of relatively few countries to promulgate special legislation aimed at extending ... -
External economic arrangements and South African cities as agents of local development: Illustrations from the City of Cape Town
(GBATA, 2021)The paper examines the role of South African metropolitan cities (metros) in advancing local economic development (LED) through engagements with external actors. Globalization is increasingly changing the roles and players ... -
Facilitating decent work: the case of domestic workers in Nigeria
(Jute, 2022)A decade after the first international standard regulating domestic work was introduced decent work remains a challenge for domestic workers in Nigeria. Within the framework of ILO’s Convention on Domestic Workers 189 of ... -
Facilitating public participation: A niche role for the speaker?
(Community Law Centre, University of the Western Cape, 2007)Considerable attention has been drawn to local government’s ability to facilitate public participation and the role and effective administration of ward committees. Undoubtedly the most important aspect of the local ... -
Fact sheets on decentralisation in Africa
(UTS ePRESS, 2022)A growing number of African countries are considering or implementing reforms that include forms of decentralisation. At times, these reforms are underpinned by (recent) constitutional change, as in Mozambique (2018), ... -
Failing to discipline in SAPS - Fostering a culture of impunity
(Dullah Omar Institute, 2019)It is with unfortunate regularity that we read reports in the media about corrupt South African Police Service (SAPS) officials and officials implicated in other crimes, including human rights violations. Indicative of ... -
Failing to prosecute? Assessing the State of the National Prosecuting Authority of South Africa
(Institute for Security Studies, 2012)The National Prosecuting Authority (NPA) is pivotal not only in the criminal justice system, but also in the proper functioning of South Africa’s democracy. This monograph focuses on the independence, accountability and ... -
Fair Trial Rights and Their Relation to the Death Penalty in Africa
(International and Comparative Law Quarterly, 2006)A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, ... -
Fair work in South Africa’s gig economy: A journey of engaged scholarship
(Elsevier, 2023)Because of its relatively well-developed, highly urbanised economy and high penetration of mobile internet access, the platform economy took off quickly in South Africa, with international players vying for market share and ... -
The fairwork foundation: Strategies for improving platform work
(Elsevier, 2020)s paper introduces the Fairwork Foundation, a research initiative that is also developing an interventionaroundthequalityofworkondigitallabourplatforms.Lackingtheabilitytocollectivelybargain,manyplatformworkershavelittle ... -
Faskh (divorce) and intestate succession in Islamic and South African law: impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill
(Juta&Company, 2014)This article deals with intestate succession against the background of the complex Islamic legal aspects of faskh and talaq as forms of divorce. It elaborates on the divergent views held by Islamic scholars and explains ...