Browsing Faculty of Law by Title

Now showing items 407-426 of 903

    • Is it cyberfraud or good ol’ offline fraud? A look at section 8 of the South African cybercrimes bill 

      Mabunda, Sagwadi (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 

      Wakefield, Lorenzo (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 

      Wakefield, Lorenzo (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 

      Sloth-Nielsen, Julia; Assim, Usang Maria (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 

      Mujuzi, Jamil Ddamulira (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 

      Abduroaf, Muneer; Moosa, Najma (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 

      Moosa, Najma (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 

      Mirugi-Mukundi, Gladys (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 

      Bilchitz, Bilchitz (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 

      Steytler, Nico; Ayele, Zemelak (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 

      Assim, Usang Maria; Agaba, Daphine Kabagambe (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.

    • Jumping the Queue', Waiting Lists and other Myths: Perceptions and Practice around Housing Demand and Allocation in South Africa 

      Tissington, Kate; Munshi, Naadira; Mirugi-Mukundi, Gladys; Durojaye, Ebenezer (Community Law Centre, University of the Western Cape, and Socio-Economic Rights Institute of South Africa, 2013)
      Since 1994 the South African government, through its National Housing Subsidy Scheme (NHSS), has embarked on the large-scale provision of state-subsidised housing to low-income households across the country. Over 2 million ...

    • The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction 

      Sloth-Nielsen, Julia (Faculty of Law, University of the Free State, 2011)
      The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's Day) heralds a potentially drastic transformation ...

    • "Just say sorry" Ubuntu and the Child Justice Act 

      Sloth-Nielsen, Julia; Gallinetti, Jacqui (PER (Potchefstroom Electronic Law Journal), 2011)
      In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ...

    • Just say sorry?" Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008 

      Sloth-Nielsen, Julia; Gallinetti, Jacqui (North-West University, 2011)
      In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ...

    • The Juvenile Justice Law Reform Process in South Africa: Can children's rights approach carry the day? 

      Julia, Sloth-Nielsen (Quarterly Law Review, 1999)
      The impetus for juvenile justice law reform sprang originally from concern for the plight of child detainees in the dark days of apartheid in the 1980s. Children, who were at the forefront of the struggle for democratic ...

    • Juvenile justice review 1994-1995 

      Julia, Sloth-Nielsen (South African Journal of Criminal Justice, 1995)
      This review of the state of juvenile justice in South Africa introduces a new section to this journal in which annual developments relating to law and policy in the field of juvenile justice will be examined. Juvenile ...

    • Juvenile justice review 1996 

      Julia, Sloth-Nielsen (South African Journal of Criminal Justice, 1996)
      This review follows the 1995 review, the first in this journal, and similarly reviews the period until 30 September 1996. In the year presently under review the principle focus of juvenile justice concern was yet again the ...

    • Juvenile justice review 1997 

      Julia, Sloth-Nielsen (South African Journal of Criminal Justice, 1998)
      The 1997 juvenile justice review charts developments in juvenile justice law in South Africa from November 1996 until October 1997. The most significant development during 1997 was the release of the issue paper on Juvenile ...

    • Juvenile justice review 1998 

      Julia, Sloth-Nielsen; Lukas, Muntingh (South African Journal of Criminal Justice, 1999)
      The 1998 Juvenile Justice Review charts developments in juvenile justice law and practice in South Africa from October 1997 until October 1998. However, the release of the South African Law Commission discussion paper on ...