Browsing Faculty of Law by Issue Date
Now showing items 61-80 of 912
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The New Partnership for Africa's Development : implications for the realisation of socio-economic rights in Africa
(ESR Review : Economic and Social Rights in South Africa, 2004)The New Partnership for Africa's Development : Implications for the realisation of socio-economic rights in Africa Christopher Mbazira The realisation of socio-economic rights in Africa remains a distant goal. The majority ... -
Giving money to children: the state's constitutional obligations to provide child support grants to child headed households
(South African Journal on Human Rights, 2004)One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of households headed by children. These new family configurations pose a wide range of ... -
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 ... -
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment
(University of the Western Cape, 2004)This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and, in particular, the responsibility of local government. Local authorities are ... -
Race, class and restorative justice: achilles heel, glass ceiling or crowning glory
(Juta Law, 2004)This article reports on a research project aimed at assessing the impact of race and class disparity in restorative justice processes in South Africa. It was conducted against the backdrop of the inclusion of family group ... -
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 ... -
Demarcating provincial and local powers regarding liquor retail
(Unisa Press, 2004)Local government’s newly acquired status as a fully-fledged sphere of government with constitutionally protected powers is slowly gaining momentum. Now that the dust is slowly settling around the demarcation and ... -
Chapter 18 Islamic Jurisprudence
(Juta, 2004)What is the meaning of the word Jurisprudence? The etymology of the word 'jurisprudence' hails from two Latin words; first, 'ius' meaning 'law' and 'iuris' meaning 'of law' and secondly, 'prudens' meaning 'knowledge' or ... -
An Overview of Divorce and Dispute Resolution in Islamic Law
(LexisNexis, 2004)This article is based on a paper presented at International Conference on Divorce: Causes and consequences held in Beijing in July 2004 and sponsored by the International Society of Family Lawyers and China University of ... -
Report on the evaluation of the Independent prison visitors (IPV) system
(Civil Society Prison Reform Initiative, 2004-05)This report on the IPV system forms part of a larger study into civilian oversight of the correctional system. Saras Jagwanth has completed an evaluation of the Office of the Inspecting Judge, which should be read in ... -
The value of human dignity in interpreting socio-economic rights
(South African Journal on Human Rights, 2005)There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights ... -
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 ... -
Conference “Seeking security: Towards a new vision for tenure relations in farming areas”
(ESR Review : Economic and Social Rights in South Africa, 2005)Nkuzi Development Association (NDA) in partnership with Social Surveys Africa (SSA) organised a conference on the tenure security of farm dwellers, which was held in Johannesburg from 25–27 October 2005. -
Prisoners' rights litigation in South Africa since 1994: a critical evaluation
(Law, Democracy & Development, 2005)It is a sad fact that there is often a huge gap in South Africa between the constitutional promise of a life lived with dignity and respect, on the one hand, and the actual lived reality of people who are supposed to be ... -
Surveying the prisons landscape - what the numbers tell us
(Law, Democracy & Development, 2005)This article will make observations and describe trends using available prison statistics in order to offer a quantitative perspective on the issues of democracy and human rights in South African prisons. In chis sense, ... -
Offender rehabilitation and reintegration: taking the White Paper on Corrections forward
(Civil Society Prison Reform Initiative, 2005)Rehabilitation and reintegration, as contemplated on the scale articulated in the White Paper, will indeed require a very careful approach and consideration would have to be given to the major challenges, such as resource ... -
District-local municipal relations: The challenges to cooperative government
(Community Law Centre, University of the Western Cape, 2005)Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ... -
The place and role of local government in federal systems
(Konrad-Adenauer-Stiftung, 2005)South Africa has embarked on an important experiment of creating a decentralised system of government comprising three spheres of government – national, provincial and local. In comparison with international practice, ... -
The powers of local government in decentralized systems of government: Managing the 'curse of common competencies'
(Institute of Foreign and Comparative Law, 2005)The issues and problems flowing from common competencies are shared by many, if not all, decentralised and federal systems; they are a feature arising from the division of powers between two levels of government. The ... -
District-local municipal relations: The challenges to cooperative government
(Community Law Centre, University of the Western Cape, 2005)Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...