Browsing Faculty of Law by Title
Now showing items 64-83 of 902
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Aspects of Dutch Colonial family law related to the Indonesian Rajah of Tambora's exile at the Cape
(Cambridge University Press, 2020)'As far as family law is concerned, we in South Africa have ... every kind of family ... This is the result of ... history ... Our families are suffused with history, as family law is suffused with history, culture, belief ... -
Aspects of Dutch colonial family law related to the Indonesian rajah of Tambora’s exile at the cape
(Intersentia, 2020)The Muslims who arrived at the Cape during the first period of Dutch colonisation in the seventeenth century hailed from different geographical locations, were of different cultural and ethnic backgrounds and, more ... -
Assessing the impact: Mandatory and minimum sentences in South Africa
(Institute for Security Studies (ISS), 2005)The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was recently extended for another two years. At the time, the aim was to reduce serious and violent crime, achieve consistency ... -
Assessing the protection of older persons’ access to social services in South Africa during the Covid-19 pandemic
(Nelson R Mandela School of Law, 2021)One of the main justifications for the severe restrictions imposed on South Africans in the context of the COVID-19 pandemic is the need for the protection of older persons. Unfortunately, the dire scientific warnings ... -
An Assessment of the National Prosecuting Authority: A Controversial Past and Recommendations for the Future
(Dullah Omar Institute, 2017)The Constitution of South Africa provides for a single, independent national prosecution authority. The office of the National Prosecuting Authority (NPA) was formally established through the National Prosecuting Authority ... -
At the crossroads: linking strategic frameworks to address gender-based violence and HIV/ AIDS in Southern Africa
(Community Law Centre, University of the Western Cape, 2007)In recent years, southern African governments have made a number of important commitments on international and regional levels to combat HIV/ AIDS. The subregion has also seen a number of strategic developments such ... -
Bank secrecy: Implementing the relevant provisions of the United Nations Convention against corruption in South Africa
(University of the Western Cape, 2016)For many decades South African law has recognised a bank's duty to keep its client's information confidential. This is popularly known as bank secrecy. However, this duty is not absolute. National and international law ... -
Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)Granting parole to offenders serving life sentences has raised questions in public and political discourse. This contribution evaluates the discretion of the minister to decline parole under Section 78(2) of the Correctional ... -
Barnard v Minister of Justice: the minister’s verdict - Deciding on parole for offenders serving life sentences
(Institute for Security Studies, 2017)Parole for offenders serving life sentences has ignited questions in media reports and political circles. This complexity becomes a touchy issue when it leaves more questions than answers after the grant or decline to place ... -
Barriers to access to contraceptives for adolescent girls in rural Zimbabwe as a human rights challenge
(Routledge, 2021)Approximately 214 million women in developing countries between ages 15 and 49 have an unmet need for contraception.1 In Zimbabwe, 12% of unmarried adolescent girls have an unmet need for contraception. Contraceptive use ... -
Basic rights claims How responsive is ‘reasonableness review’?
(ESR Review, 2004)South Africa’s 1996 Constitution (the Constitution) is widely renowned for its holistic, inclusive Bill of Rights. A particular innovation is its inclusion of a wide range of fully justiciable socio-economic rights. There ... -
Benign accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act
(Centre for Family Law and Practice, London Metropolitan University, 2011)In this article, we evaluate the implications of the Children’s Act 38 of 2005 for ukuthwala. Ukuthwala is a practice whereby, as a preliminary procedure to a customary marriage, a young man forcibly takes a girl to his ... -
The betrayal of Steve Biko – South Africa’s initial report to the UN Committee against torture and responses from civil society
(Law, Democracy & Development, 2008)This article will focus on State Party obligations in respect of reporting to the UN Committee against Torture (the Committee) under article 19(1)17 of CAT and more particularly on civil society’s interaction with the ... -
Between rhetoric and reality: the relevance of substantive equality approach to addressing gender inequality in Mozambique
(GAP, 2017)The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas ... -
Bitcoin regulation? Imperfect knowledge of identities and the money laundering risk: A West African perspective
(University of the Western Cape, 2018)Arguments for regulating Bitcoin are built mainly on the technologically disruptive nature of the currency and its susceptibility to facilitating financial crimes on a scale larger than financial institutions. This paper ... -
Bolstering the protection of economic, social and cultural rights under the Malawian Constitution
(Malawi Law Journal, 2007)The Malawian Constitution protects a handful of socio-economic rights in the Bill of Rights and enshrines the rest as part of directive principles of national policy. The only socio-economic rights expressly protected in ... -
Book Review: Improving local government
(Commonwealth Journal of Local Governance, 2009)Academic literature that engages in a comparison of local government systems, policies and practices and their impact on democracy and development is hard to come by. Yet, these comparisons are critical as they shed light ... -
Book Review: Judith Still, Derrida and Hospitality: theory and practice
(Edinburgh University Press, 2013)A book review of Judith Still, Derrida and Hospitality: theory and practice, (Edinburgh, Edinburgh University Press, 2010), 294 pp. ISBN 978-0-7486-4027-0 -
Book Review: The Future of African Customary Law
(University of the Western Cape, 2022)In the abstract of "The Future of African Customary Law" the editors state that it …is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] ... -
Breaking new ground : the need for a protocol to the African Charter on the abolition of the death penalty in Africa
(African Human Rights Law Journal, 2005)The 1980s saw the drafting and adoption of international treaties on the abolition of the death penalty. In the European and Inter-American human rights systems, steps have been taken to abolish the death penalty by means ...