Browsing Faculty of Law by Title
Now showing items 489-508 of 902
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A missing link in the Traditional Courts Bill 2017 evidence obtained through human rights violations
(ISS & the University of Cape Town, 2018)The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of ... -
Mobile money, financial inclusion and financial integrity: The South African case
(Washington Journal of Law, Technology and Arts, 2013)The usage of mobile banking and in particular, payments by means of mobile phones, has increased in recent years in South Africa, with consequent impacts from a legal and regulatory point of view. South Africa is ... -
Mobility and ethnic federalism in Ethiopia
(Addis Ababa UniversityAddis Ababa University - School of Law, 2019)Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also ... -
Modern African childhoods: does Law matter?
(Oxford University Press, 2012)INTRODUCTION: This paper poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law ... -
Modest beginnings, high hopes: The Western Cape Police Ombudsman
(South African Crime Quarterly, 2018)In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became ... -
Mothers and others: Transgender birth, birth registration and the rights of the child, with a focus on the United Kingdom and South Africa
(International Journal of Discrimination and the Law, 2020)The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well ... -
Muddying the waters: the Supreme Court of Appeal’s judgment in the Mazibuko case
(ESR Review, 2009)On 25 March 2009, the Supreme Court of Appeal handed down judgment in the Mazibuko case. The case was an appeal against the judgment of the Johannesburg High Court (now the South Gauteng High Court) of 30 April 2008, ... -
Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
(Pretoria University Law Press, 2015)This article reviews the recent judgment of the Constitutional Court of Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others, which has been hailed with acclaim worldwide. ... -
Multilevel Governance and Control of the COVID-19 Pandemic in the Democratic Republic of Congo: Learning from the Four First Waves
(MDPI, 2023)The COVID-19 pandemic continues to impose a heavy burden on people around the world. The Democratic Republic of the Congo (DRC) has also been affected. The objective of this study was to explore national policy responses ... -
Multilevel government in South Africa, Ethiopia and Kenya
(Forum Of Federations, 2018)This paper aims to inform policy makers and stakeholders in the Philippines about the critical features of, and practical experiences with, federalism and decentralization in South Africa, Kenya and Ethiopia. The ... -
Multilevel government, municipalities and food security
(DST-NRF Centre of Excellence in Food Security, South Africa, 2019)Realising the right to food in South Africa requires more than an increase in food production. Increasing access to food is equally important, so this contribution adopts a 'food systems approach'. It argues that food ... -
Multiparty democracy in Zimbabwe after the adoption of the 2013 constitution
(Oxford University Press, 2021)Zimbabwe adopted a new Constitution in 2013 which, among other objectives, sought to give greater legitimacy to multiparty democracy. This Constitution strengthens the role of an independent electoral commission, entrenches ... -
Municipal law making under SPLUMA: A survey of fifteen "first generation" municipal planning by-laws
(Potchefstroom Electronic Law Journal, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
Municipalities' readiness to comply with treasury's competency requirements
(Local Government Bulletin, 2012-06)In just under six months, the competency framework in the National Treasury's Minimum Competency Regulations will take full effect. Therefore, the article seeks to urge the National Treasury to be robust in implementing ... -
Muslim divorce and the 1996 Divorce Amendment Act: The cart before the horse?
(De Rebus, 1999)The purpose of this article is to clarify some issues regarding Muslim divorces which have been the topic of debate in previous issues of De Rebus (1997 DR 495; 1998 (Jan) DR 55; 1998 (Aug) DR 31). The Divorce Amendment ... -
Muslim Marriage and Divorce in Sri Lanka: Aspects of the relevant jurisprudence
(The Center for Islamic and Middle Eastern Legal Studies, 2016)Muslims form 10 per cent of the Sri Lankan population. The country applies a mixed legal system. For many decades Muslim marriages and divorces have been governed by a separate piece of legislation. Courts in Sri Lanka ... -
Muslim Personal Law (MPL) in review”
(Centre for Contemporary Islam UCT, 1999)Both the interim (1993) and final (1996) South African Constitutions now not only guarantee freedom of religion and belief but also makes provision within the Bill of Rights that legislation can be provided by the state ... -
Muslim Personal Law - to be or not to be?
(Juta Law, 1995)Introduction: The first Muslims had arrived at the Cape from the Dutch colonies in the East Indies (now Indonesia) and the coastal regions of Southern India from anywhere around 1652-1658. Despite having been granted the ... -
Muslim Personal Laws affecting children: diversity, practice and implications for a new children's code for South Africa
(Juta Law, 1998)Introduction: Marriage is seen as an institution for, among various objects, the procreation of children. Children in Islam are ideally seen as the fruits of marriage-for mothers as homemakers to love and nurture and for ... -
Mythology and the images of justice
(University of California Press, 2011)This essay enquires into the depictions of Justice through the ages, as well as the myths surrounding these depictions, more particularly in Egypt, Greece, and Rome, as well as in modern times. The essay departs in significant ...