Browsing Faculty of Law by Title
Now showing items 462-481 of 902
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A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ... -
Lobbying against democracy
(University of the Western Cape, 2021)This essay seeks to excavate the anti-democratic propensities of corporate lobbying. It begins by considering the nature of lobbying and then attempts to comprehend the relationship between corporate lobbying and democracy ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Dullah Omar Institute, 2006)This paper focuses on the role of the council of a municipality towards ensuring accountable governance. First, it discusses the Code of Conduct for councillors, which is the key instrument at the hands of the municipal ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Community Law Centre, University of the Western Cape, 2006)A perceived lack of responsiveness on the part of councillors towards their citizens as well as perceived, alleged and proven cases of corruption and maladministration involving councillors all contribute to the perception ... -
Local government and human rights: Building institutional links for the effective protection and realisation of human rights in Africa
(Pretoria University Law Press (PULP), 2011)There is increasing recognition of the role of local government in the protection and realisation of human rights obligations. Recent studies on links between local government, decentralisation and human rights are evidence ... -
Local government in Ethiopia: still an apparatus of control?
(University of the Western Cape, 2011)Historically, local authorities in Ethiopia enjoyed wide political, administrative, judicial, and financial autonomy. However, from the 1850s a process of territorial expansion and centralisation was initiated in the ... -
Local government in the 2013 constitution of Zimbabwe: Defining the boundaries of local autonomy
(Hague Journal on the Rule of Law, 2017-10-06)The 2013 Constitution of Zimbabwe recognises local government as the lowest tier of government in a three tier arrangement. Thus, local government, composed by urban and rural local authorities, now owes its existence ... -
Local government reform in Zimbabwe: A policy dialogue
(Community Law Centre, University of the Western Cape, 2010)This publication is the result of a collaborative research project of South African and Zimbabwean academics and practitioners active in the field of local government. On 3-4 November 2009 the Community Law Centre hosted ... -
Local government reform in Zimbabwe: A policy dialogue
(Community Law Centre, University Western Cape, 2010)On 3-4 November 2009 the Community Law Centre hosted a seminar entitled “Policy Dialogue on the Future of Local Government in Zimbabwe”. A diverse spectrum of local government practitioners was assembled to discuss ... -
Local law making in Cape Town: A case study of the municipal planning by-law process
(United Nations Human Settlements Programme, 2016)This report examines municipal law making surrounding land use planning in the City of Cape Town. It investigates the extent to which the City of Cape Town has powers to make by-laws on land use planning and how much of ... -
Madness and the law: The Derrida/Foucault debate revisited
(Springer, 2010)In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way in which Foucault’s texts, and especially the more recently published lectures, should be read; ... -
Mainstreaming the ‘Abortion question’ into the right to health in Uganda
(Dullah Omar Institute, 2021)The right to health is a social and economic right that requires progressive realisation by states (Chenwi 2013). Although Uganda’s Constitution does not provide for the right to health, the country is a signatory to the ... -
Making a first impression: An assessment of the decision of the Committee of Experts of the African Children's Charter in the Nubian Children communication
(Pretoria University Law Press (PULP), 2012)The article analyses the Nubian Children communication, the very first case to be finalised by the African Committee of Experts on the Rights and Welfare of the Child. It critically reviews the progressive approach of the ... -
Making law: A guide to municipal councils
(Community Law Centre, University of the Western Cape, 2000)The first fully democratic municipal elections held on 5 December 2000 saw local government take its rightful place as the third sphere of government. Chapter seven of the Constitution has now come into full operation. ... -
The making of Uganda's equal opportunities commission act and its interpretation by the commission
(Cambridge University Press, 2023)Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring ... -
Making sense of the numbers: Civil claims against the SAPS
(South African Crime Quarterly, 2015)In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasingly ... -
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
(Pretoria University Law Press (PULP), 2011)In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ... -
Marriage under African customary law in the face of the Bill of Rights and international human rights standards in Malawi
(Pretoria University Law Press (PULP), 2010)Contracting a marriage under African customary law in Malawi poses difficulties and challenges in the light of the Bill of Rights and international human rights standards. There are bound to be conflicts which, seen from ... -
A maturing manifesto: The constitutionalisation of children’s rights in South African jurisprudence 2007-2012
(Brill Academic Publishers, 2013)This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as ... -
MDB's municipal capacity report: Is local government ready for National Treasury's deadline
(Community Law Centre, University of the Western Cape, 2012)On 15 June 2007, the National Treasury promulgated the Municipal Regulations on Minimum Competency levels for financial and supply-chain management officials in municipalities. The Regulations prescribe minimum competency ...