Browsing Faculty of Law by Title
Now showing items 397-416 of 902
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The interim Constitution and Muslim personal law”
(Cape Town Community Law Centre, 1995)Muslim women face the same status problems in the private and public spheres of life as their non-muslim counterparts but it is alleged that, as members of a particular religious community, they experience another inequality. ... -
International human rights law and foreign case law in interpreting constitutional rights: The Supreme Court of Uganda and the death penalty question.
(Pretoria University Law Press (PULP), 2009)On 21 January 2009, the Supreme Court of Uganda handed down a judgment in which it held that the death penalty was constitutional, that a mandatory death sentence was unconstitutional, that hanging as a mode of execution ... -
International human rights norms and the South African choice on termination of pregnancy act: an argument for vigilance and modernisation
(South African Journal on Human Rights, 2019-04)The right to access abortion services as an integral component of the right to sexual and reproductive health (SRH) has been increasingly recognised in the field of international human rights law. However, much more progress ... -
International regulation of platform labor: A proposal for action
(Weizenbaum Institute for the Networked Society, 2021)Platform-mediated work is a source of livelihood for millions of workers worldwide. However, because platforms typically classify workers as ‘independent contractors’, those workers are generally excluded from the scope ... -
Interpretation of wills – Does the Endumeni case apply?
(Academy of Science of South Africa, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
The interrelationship between equality and socio-economic rights under South Africa's transformative constitution
(South African Journal on Human Rights, 2007)This article develops the interrelationship between the equality and socio-economic rights in the Bill of Rights to enhance the responsiveness of our jurisprudence to the mutually reinforcing patterns of poverty and ... -
Introduction: COVID-19 and the Law in Africa
(Cambridge University Press, 2021)Following its arrival in African countries in February 2020, COVID-19 has severely tested fragile health systems and economies. Since then, it has taken a heavy toll on individual lives and collective wellbeing. In ... -
Introduction: How federations combat Covid-19
(Routledge, 2021)On 31 December 2019, the first cases of the coronavirus, Covid-19, were identified in Wuhan City, China. Its dramatic rate of transmission and deadly effects soon led to the city’s shutdown, but not before it took wing ... -
Involuntary sterilisation as a form of violence against women in Africa
(SAGE Publications, 2017)This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision ... -
Is it cyberfraud or good ol’ offline fraud? A look at section 8 of the South African cybercrimes bill
(UWC, 2018)This paper discusses section 8 of the South African Cybercrimes and Cybersecurity Bill, a section which deals with the crime of cyberfraud. It argues that there are certain fraudulent acts which have been presented incorrectly ... -
Is the Act working for children? The first year implementation of the Child Justice Act
(Institute for Security Studies, 2011)The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and ... -
Is the Act working for children? The first year of implementation of the Child Justice Act
(Institute for Security Studies (ISS), 2011)The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and ... -
Islamic kafalah as an alternative care option for children deprived of a family environment
(Juta Law, 2014)The inclusion of kafalah of Islamic law in the United Nations Convention on the Rights of the Child is the first time an exclusively Islamic concept is recognised in a binding international instrument. The drafting of CRC ... -
The Islamic Law of Marriage and Inheritance in Kenya
(Cambridge University, 2021)Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. ... -
Islamic mode of estate distribution in South Africa
(Jordan Publishing LexisNexis, 2016)It has been argued by some academics that the Islamic law of intestate succession discriminates against females due to its unequal distribution of shares in favour of males.' The general example used in this regard is when ... -
Islamic state practices in the framework of Islamic and international human rights instruments
(Electronic Publishing, 2016)The main purpose of this article is to provide an analytical perspective of essentially four current Islamic human rights instruments adopted under the protection of two different, parallel 'Arab' and 'Islamic' organisations, ... -
Jabulani Zulu and 389 Others v eThekwini Municipality and Others CCT 108/13
(ESR Review : Economic and Social Rights in South Africa, 2014)On 6 June 2014, the Constitutional Court handed down judgment in the case of Jabulani Zulu and 389 Others v eThekwini Municipality and Others. -
Judicial remedies and socio-economic rights : a response to Christopher Mbazira
(ESR Review : Economic and Social Rights in South Africa, 2008)Christopher Mbazira has produced a lucid, well-researched and thorough study of judicial remedies in cases concerning socio-economic rights. This response seeks to engage critically with Mbazira's claims by raising certain ... -
The Judiciary in Federal Systems in Africa
(Perspectives on Federalism, 2020)Eight states in Africa that have federal or federal-type government systems and most of these federations emerged in the post-Cold War period. The African federations are in various degrees characterised by a limited ... -
'Jumping the queue', waiting lists and other myths : perceptions and practice around housing demand and allocation in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2014)On 13 and 18 June 2014, the Socio-Economic Rights Project of the Community Law Centre, University of the Western Cape, held roundtable discussions in Cape Town and Johannesburg on housing demand and allocation in South Africa.