Browsing Faculty of Law by Title
Now showing items 427-446 of 902
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Kenya Kenyan Kadhis’ courts and their application of the Islamic law of divorce and distribution of property at the dissolution of marriage
(Cambridge University Press, 2021)Kenya does not have a State religion. Muslims are estimated to constitute than 10% of the Kenyan population. The ‘Kenyan Islamic practice … is predominantly Sunni with a Shafi intellectual tradition.’ However, there are ... -
Kenya-South Africa dialogue on devolution
(JUTA and company, 2016)In a radical break with its past, democratic South Africa established a system of devolution that was confirmed in the 1996 Constitution. In reaction to a system of highly centralised government that had seen the abuse of ... -
Land-use zoning schemes: Do they apply to land for which a mining right has been granted?
(Local Government Bulletin, 2012-06)Land-use zoning schemes, which are part of municipal planning, cannot be superseded by administrative decisions made by the national government. In fact, the national government or beneficiaries of administrative decisions ... -
The language of western homogeneity: A rose by any other name is a potential lawsuit
(Edward Elgar Publishing, 2016)It has sometimes been stated that international legislation favours the developed nations that create it to the detriment of the developing nations who must abide by it. This paper shall pose this question with regard to ... -
Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez
(University of the Western Cape, 2016)Essays in honour of Lovell Derek Fernandez, Lawyer, Linguist, Mensch -
The law and politics of internal secession: The Ethiopian experience in comparative perspective
(Palgrave Macmillan, Cham, 2021)Although secession has been the subject of much scholarly work, the focus has largely been on the external dimension of secession, the decision of a territory to leave an existing state and establish itself as independent ... -
Legal and human rights dilemma relating to sexuality education in Africa
(Inderscience, 2016)This article examines the benefits of sexuality education in schools in Africa and then considers the legal and human rights issues relating to the objection to its introduction. In doing this, the article discusses some ... -
Legal and institutional framework: The “achilles heel” of local authorities and raison d'etre of ministerial intervention in Zimbabwe
(2012)Centre-local relations have been an area of controversy in Zimbabwean local governance both as a discipline and as a practice. Local authorities have traded blows with central government particularly accusing the responsible ... -
Legal and social complexities relating to practice of arranged and forced marriages
(Academy of Islamic Studies, University of Malaya, 2021)The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, ... -
Legal empowerment as a tool for engendering access to justice in South Africa
(Sage, 2020)This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human ... -
Legal Pluralism and the Future of Personal Family Laws in Africa
(Oxford, 2021)A notable aspect of Africa’s struggle with itsA notable aspect of Africa’s struggle with its colonial legacies is the co-existence of indigenous laws that emerged in agrarian settings with state laws that emerged in ... -
Legal pluralism and the right to family life and the transfer of offenders who are nationals of African countries, within Africa to Africa
(Routledge Taylor Francis Group, 2013)Globalisation has been accompanied by, inter alia, the movement of people from their countries of nationality or citizenship to other countries in search of better opportunities. Some of these people have been convicted ... -
The legal status of evidence obtained through human rights violations in Uganda
(Faculty of Law, North-West University, 2016)The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. ... -
The legal status of evidence obtained through human rights violations in Uganda
(Academy of Science of South Africa, 2016)The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only ... -
Legislative administrative action and the limited extent of public participation
(Juta Law, 2020)The preamble of our constitution acknowledges that government is based on the will of the people. Section 1(d) of the constitution states that the Republic of South Africa is one sovereign, democratic state founded on ... -
Legislative and judicial responses to informal settlements in South Africa : a silver bullet?
(Stellenbosch Law Review, 2012)The growth of informal settlements or slums has been an issue of concern for many, with international initiatives increasingly focusing on informal settlements, particularly the need to improve the living conditions in ... -
Lessons from Carolina: Acid mine drainage, access to water and intergovernmental relations
(Local Government Bulletin, 2012-10)Initiatives such as the Blue Drop and Green Drop certification programmes indicate government's commitment to improving the quality of drinking water. However, while many municipalities have made progress, there are still ... -
Lessons from litigating for sexual and reproductive health and rights in Southern Africa
(Taylor & Francis group, 2021)This chapter focuses on lessons learnt from the experiences of the Southern Africa Litigation Centre (SALC) in instituting and supporting strategic litigation on sexual and reproductive health rights in Southern Africa. ... -
Lessons from the past: Remand detention and pre-trial services
(Institute for Security Studies (ISS), 2013)A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ... -
Lessons learned from working with rural farm women on Middelpos farm, Swartland municipality, west coast, Western Cape.
(University of Western Cape, 2021)I have a vision of creating an alternate rural economy that does things differently and gets better results. To put it into context, I live on an isolated farm which is part of a land reform programme. I often wish the ...