Browsing Faculty of Law by Title
Now showing items 289-308 of 902
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Federal arrangements as a peacemaking device during South Africa's transition to democracy
(Publius: The Journal of Federalism, 2001-01-01)This article examines how federal arrangements were used during South Africa's transition to democracy to deal with the conflict posed by two important ethnic-based groupings: right-wing Afrikaners and Zulu nationalists. ... -
Federal homogeneity from the bottom up: Provincial shaping of national HIV/AIDS policy in South Africa
(Publius: The Journal of Federalism, 2003-01-01)The focus of uniform policy making in federal systems is usually on enforcing homogeneity on units within a federation, based often on the implicit premise that the center is "right," enlightened, or modern and that one ... -
Federalism under pressure: Federal ‘health’ factors and ‘co-morbidities’
(Routledge, 2021)The Covid-19 pandemic has been a ‘focusing event’ (Béland et al. 2020) for federalism like no other, placing it under the microscope and giving rise to the three questions set out in the introduction of this book. Each ... -
Federalism, territorial autonomy and the management of ethnic diversity in Africa: reading the balance sheet
(Centre International de Formation Européenne, 2012)The history of federalism in Africa is a history of ambivalence. In the run up to independence, federalism was an idea that galvanized several political movements that, following the retreat of colonial powers, emerged to ... -
Federation among unequals. A country study of constitutional asymmetry in Ethiopia
(Palgrave MacMillan, 2019)Although some level of political asymmetry is unavoidable in any federal arrangement, the problem of an Ethiopian federation affected by glaring political asymmetry remains unexplored. The aim of this chapter is to examine ... -
Female genital mutilation as a human rights issue: examining the effectiveness of the law against female genital mutilation in Tanzania
(Juta Law, 2013)In many African states, female genital mutilation (FGM) is a deeply-entrenched cultural practice. Tanzania is no exception. FGM persists despite the fact that the country has ratified a number of international and regional ... -
The fiduciary office of trustee and the protection of contingent trust beneficiaries
(Juta Law, 2007)This contribution focuses on two matters pertinent to the office of trustee. First, the fiduciary nature of the office of trustee is investigated, with particular reference to the essence of a trustee’s fiduciary duty. ... -
Finding the balance: Fairness and equity, disconnections, credit control and debt collection
(Local Government Bulletin, 2012-06)While service delivery is one of the most important functions of local government, the Municipal Systems Act and case law make it clear that the duty to collect revenue and service fees and equally important to ensure ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights : international development
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
Five suggestions to fix local government
(State of Local Governance Publication, 2018)The past few weeks have brought the troubled state of local government to the fore with renewed vigour. The Auditor-General’s (AG) consolidated report over the 2016/2017 financial year presented a very bleak picture of the ... -
The Flying Hadji
(Stellenbosch: Institute for Theological Interdisciplinary Research (EFSA) in cooperation with CCAWT Research, 2000)All things considered, becoming a Muslim theologian was high on my list of possible vocations at the end of high school. Unfortunately for me, this was not to be I was a Muslim woman with a dream at the wrong time. Instead, ... -
Food security, urban governance and multilevel government in Africa
(Springer, 2021)Realising the right to food requires more than an increase in food production. Increasing access to food is equally important, so this contribution adopts a “food systems approach”. Against the backdrop of a growing ... -
A foreskin too far? Religious, medical or customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS
(University of the Western Cape, 2012)This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional ... -
Form over function? the practical application of the recognition of Customary Marriages Act 1998 in South Africa
(Juta Law, 2013)The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article ... -
Formal recognition of adult relationships and legal gender in a comparative perspective
(Elgar Publishing, 2020-03-02)This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents ... -
Formulating the pillars of a turnaround strategy About Previous issues
(Community Law Centre, University of the Western Cape, 2009)The turnaround strategy (TAS) for local government is gaining momentum. Initiated by the Department of Cooperative Governance and Traditional Affairs (CGTA), the TAS is aimed at identifying the drivers of the distress in ... -
The four-year undergraduate LLB: where to from here?
(Nelson Mandela Metropolitan University, 2013)Fifteen years have passed since the four-year undergraduate Baccalaureus Legum (“LLB”) degree was first introduced in 1998. This degree was introduced by the Qualification of Legal Practitioners Amendment Act 78 of 1997 ... -
Freedom of religion and minority rights in South Africa
(MPDI, 2021)The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. ... -
A fresh perspective on historical sexual abuse: the case of Hewitt v S 2017 1 SACR 309 (SCA)
(Academy of Science of South Africa, 2017)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ...