Browsing Faculty of Law by Title
Now showing items 554-573 of 902
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Palliative care for terminally ill inmates: Does the state have a legal obligation?
(Juta Law, 2012)‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right ... -
Parallel Policies: Policies relevant to child safety
(Centre for Justice and Crime Prevention, 2007)The Centre for Justice and Crime Prevention’s 2005 National Youth Victimisation Study indicated the need to explore existing policy impacting on children from a social crime prevention perspective within a rights-based ... -
Parental Care and the Best Interest of the Child in Muslim Countries
(T.M.C. Asser Press The Hague, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and ... -
Parliamentarians discuss issues around HIV and AIDS
(ESR Review : Economic and Social Rights in South Africa, 2010)During the XVIII International AIDS Conference held in Vienna, Austria, from 18-23 July 2010, members and staff of parliament from 47 countries met on 20 July to discuss legislative aspects of HIV relating to key affected ... -
Parliamentary oversight of extractive industries
(University of the Western Cape, 2018)Africa has experienced a boom in extractive industries since the beginning of this century. Extractive companies often are exposed not just to government patronage, but also to requests to consider local third-party ... -
Parliaments and the MDGs
(ESR Review : Economic and Social Rights in South Africa, 2010)During the Millennium Development Goals (MDGs) summit that took place in New York from 20 to 22 September 2010, the Inter-Parliamentary Union (IPU) and the United Nations (UN) Millennium Campaign organised a meeting aimed ... -
Part two: Debunking prevailing scholarly views pertaining to the apostasy of alleged descendants of Shaykh Yusuf of Makassar
(UIN Sunan Kalijaga, 2020)This paper is the second part of the two articles that discuss the controversy over the conversion of religion in the family of Shaykh Yusuf of Makassar after being exiled in South Africa during the Dutch colonial period ... -
Participatory Budgeting in the City of Kwekwe (Zimbabwe) A perspective on the Issues, Trends and Options
(African Journal of Public Affairs, 2018)Towards the end of 2017, as has been the case every year, the Kwekwe City Council produced a budget outlining its various activities for the 2018 financial year. The unveiling of the 2018 budget was, among other things, ... -
Party manifestos for the third local government elections, 18 May 2011
(Community Law Centre, University of the Western Cape, 2011)With the 2011 local government elections set for 18 May, political parties are preparing their party policies and manifestos in a bid to woo voters. A survey of the party manifestos and statements ahead of the elections ... -
Pashukanis on crime and punishment
(University of Pretoria, 2013)Evgeny Pashukanis deservedly is famous as the author of the so-called commodity form theory of law. In his Law and Marxism he postulated that the form of legal relations held the key to the Marxist critique of law and ... -
A path to realising economic, social and cultural rights in Africa? A critique of the New Partnership for Africa's Development
(African Human Rights Law Journal, 2004)he article first sets out the legal framework for the protection of socio-economic and cultural rights in Africa. Some of the reasons that have been advanced for the non-realisation of socio-economic rights as compared to ... -
Peacebuilding and the Interface of State Law and Indigenous Market Laws in Southern Nigeria
(2020)How the interface of state law and indigenous market laws contributes to peacebuilding in Nigeria is an unexplored question that demands attention. First, law, human security and peace are interrelated through the cultural ... -
Pecunia non olet: dirty money as legal fees
(Bellville: University of the Western Cape, 2017)It is axiomatic that lawyers have to be paid for their services. Regrettably, lawyers who represent money launderers may be offered dirty money, that is, proceeds of crime as fee payments by their clients. This essay ... -
Perfecting a general notarial bond: you can't have your cake and eat it! ABSA bank limited v go on supermarket (Pty) limited (the spar group limited intervening) (9442/2022) [2022] zagpjhc 173 (24 March 2022)
(Potchefstroom Electronic Law Journal (PELJ), 2023)A general notarial bond registered over movable property grants the bondholder a real security right enforceable against third parties only if the bond has been perfected by transferring possession of the property to the ... -
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 ... -
Perspectives on local government’s place in federal systems and central–local relations
(Commonwealth Journal of Local Governance, 2022)To expand on the themes identified by Tomas Hachard’s paper Capacity, voice and opportunity: advancing municipal engagement in Canadian federal relations, the Journal commissioned six personal ‘perspectives’ from a diverse ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Taylor & Francis, 2020)This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Routledge, 2020)This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an ... -
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc - A case of cyber laundering through an attorney's trust account
(University of the Western Cape, Faculty of Law, 2013)Money launderers are always exploring new channels to clean their ill-gotten gains. The attorney’s trust account is especially attractive to persons, or organisations, that seek to launder money. As a result, the Financial ... -
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, ...