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The Judiciary in Federal Systems in Africa
(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 ...
The Broad-Based Black Economic Empowerment Act 53 of 2003 and the ways in which the commission of fronting practices affects the achievement of its objective
(Institute for Democracy, Governance, Peace and Development in Africa, 2020)
The Broad-Based Black Economic Empowerment Act 53 of 2003 is one of the statutes enacted to promote
the right to equality, which is enshrined in the Bill of Rights of the Constitution of the Republic of South
Africa. It ...
Evolving statutory derivative action principles in South Africa: The good faith criterion and other legal grounds
(Cambridge University Press, 2021)
The recent Supreme Court of Appeal (SCA) judgment in Lazarus Mbethe v United
Manganese of Kalahari raises jurisprudential questions regarding statutory derivative
actions in South Africa. For example, the SCA did not ...
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, ...
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (adhan or azan) in South Africa
(MPDI, 2021)
This article approaches the position of the call to prayer (adhan or azan) in South Africa
from the perspective of both legislation and case law. Although only an unamplified adhan has
religious status in Islam, Muslim ...
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 ...
Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations
(University of Pretoria, 2020)
The normative framework of the African Commission, which regulates the
admission of evidence obtained through human rights violations, is largely
based on a number of instruments. These include the Tunisian Resolution,
the ...
Comparing the application of the islamic law of succession and administration of estates in Singapore and South Africa
(Researchgate, 2020-04)
This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator ...
Application of the Islamic Law of Succession in South Africa
(Researchgate, 2020-10)
Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required ...
Remedying formal irregularities in wills: A comparative analysis of testamentary rescue in Canada and South Africa
(Routledge, 2020)
This article examines the testamentary rescue provisions contained in the
statutes governing wills in Manitoba, British Columbia and South Africa, as
well as some of the jurisprudence on the interpretation and application ...