Browsing Faculty of Law by Title
Now showing items 621-640 of 904
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Promoting cooperation between the UN and African human rights systems
(ESR Review : Economic and Social Rights in South Africa, 2012)During the NGO Forum preceding the 52nd Ordinary Session of the African Commission on Human and Peoples Rights, held in Yamoussoro, Cote d'Ivoire, in October 2012, the Community Law Centre (CLC), University of the Western ... -
Promoting minority rights in the context of economic, social and cultural rights in South Africa
(UNISA Press, 2002)Introduction: It has been commonly thought that if ethnic, religious and national minorities are allowed to give expression to their respective group attachments, then that should be deemed sufficient protection against ... -
Property rates - latest developments
(Community Law Centre, University of the Western Cape, 2010)Property rates, as a form of tax imposed on the market value of land and buildings, are the key source of revenue of municipalities. The framework for the imposition of property rates is carefully regulated by the Municipal ... -
Property rates as an instrument for development: an analysis of South African policy, law and practice
(Commonwealth Secretariat, London, 2013)When local governments impose property taxes, their primary objective is to fund their expenditure. However, the role of local government can be seen as far more than simply the provision of local public services. Local ... -
Proposed provincial planning laws compared
(Community Law Centre, University of the Western Cape, 2012)The legal framework for land use planning is changing rapidly, and provincial governments are addressing this issue by engaging in law reform. Their efforts takes places in the aftermath of the 2009 Constitutional Court ... -
Prosecuting and Punishing Persons for Sending Messages of Obscene, Offensive, Threatening or Menacing Character under the Mauritian Information and Communication Technologies Act
(Speculum Juris, 2020)Jurisprudence from Mauritian courts shows that people have been convicted of offences under the Information and Communication Technologies Act. These offences have been mostly committed using mobile phones. The most common ... -
The prosecution in South Africa of international offences committed abroad: The need to harmonise jurisdictional requirements and clarify some issues
(Juta Law, 2015)There are two broad exceptions to the general rule that South African courts do not have jurisdiction over offences committed outside South Africa. The first set of exceptions developed by South African courts deals with ... -
The prosecution of incitement to genocide in South Africa
(North-West University, 2013)The phenomenon of collective violence is complex and, as yet, not wholly understood. This notwithstanding, the incidence of collective violence is not entirely unpredictable. This is especially true of one particularly ... -
Prosecutorial attitudes towards diversion
(NICRO National Office, 1998)This report investigates a number of issues relating to diversion in an effort to make certain recommendations with regard to the running and management of diversion with a particular emphasis on the discretionary powers ... -
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)When the death penalty was declared unconstitutional in South Africa, the government enacted the Criminal Law Amendment Act in 1997 which, amongst other things, stipulated that a person convicted of some of the scheduled ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, 2017)The general rule in South Africa is that, when an offence is committed, the suspect has to be prosecuted by a public prosecutor. However, there is an exception whereby a victim of crime is permitted to institute a private ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, In press)In South Africa, the general rule is that when an offence is committed, the suspect has to be prosecuted by a public prosecutor. This is on the basis of the Constitution (section 179) and the National Prosecuting Authority ... -
Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa
(University of the Western Cape, 2012)This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety. -
Protecting orphans and vulnerable children in Lesotho: an assessment of the Children’s Protection and Welfare Act, 2011
(Jordan Publishers, UK, 2014)INTRODUCTION: This chapter reviews specific aspects of the Children’s Protection and Welfare Act 2011 of Lesotho, insofar as they pertain to the situation of orphans and vulnerable children. The chapter commences with a ... -
Protecting platform workers: options and challenges
(Jute, 2022)The use of digital platforms as a means of organising work and creating new work opportunities (‘platform work’) is on the increase in developing as well as developed countries. The article starts from three widely-accepted ... -
Protection against unfair discrimination in the workplace: are the courts getting it right?
(Juta, 2007)Introduction: No area of South African law is more critical than the prohibition of unfair discrimination, especially in the workplace. Under apartheid, discrimination against workers on grounds such as race and sex was ... -
The protection of internally displaced children in Africa: A doctrinal analysis of article 23(4) of the African children’s charter
(Cambridge University Press, 2021)This article considers the protection of, and assistance for, internally displaced children (IDCs) in Africa. Internal displacement has become one of Africa’s most pressing human rights challenges. Over the last decade, ... -
Providing for the unwanted in a time of crisis: The socio-economic rights of migrant workers in South Africa under covid- 19 pandemic
(Juta, 2020)Migrants are amongst the most vulnerable groups in South Africa. They are often subjected to harsh forms of discrimination and excluded from government policy considerations. They have not fared differently under the ... -
Punished for being Poor: Evidence and Arguments for the Decriminalisation and Declassification of Petty Offences
(Dullah Omar Institute, 2015)The Ouagadougou Declaration and Plan of Action on Accelerating Prison and Penal Reform in Africa of 20031 endorsed recommendations calling for reducing the size of prison populations in Africa. The Plan of Action recommended ... -
Punishment and deterrence: don’t expect prisons to reduce crime
(SA Crime Quarterly, 2008)The belief is thoroughly entrenched that prisons fulfil the triple function of punishing offenders, making society safer by removing dangerous individuals, and deterring potential offenders from committing crime. The fact ...
