Browsing Research Articles (Faculty of Law) by Title
Now showing items 379-398 of 431
-
Surveying the research landscape to promote children's legal rights in an African context
(Juta Law, 2007)This article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote ... -
Sustainable development and international economic law in Africa
(University of the Western Cape, 2021)Sustainable development has been advocated by the developed world as a means to ensure that the most widely beneficial type of development occurs. This has resulted in a body of rules, which though well intended, does not ... -
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of Western Cape, 2021)Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ... -
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of the Western Cape, 2022)Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ... -
A Systemically Correct Approach in State Evictions
(Juta, 2020)Evictions at the hand of the state have been litigated and adjudicated with reference to section 26(3) of the Constitution of the Republic of South Africa (“Constitution”) and section 6 of the Prevention of Illegal Eviction ... -
A tale of two federations: Comparing language rights in South Africa and Ethiopia
(Pretoria University Law Press (PULP), 2009)The success of a federal arrangement in accommodating ethnic diversity cannot be measured solely on the basis of its language rights regime. However, it is generally agreed that a well-designed language rights regime goes ... -
“Talk to my father”: re-thinking social exclusion and access to justice in the context of bridewealth negotiation
(University of the Western Cape, 2021)Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice their opinion freeiy and fuiiy in matters affecting their iives. It often manifests as unequai respect for, and protection ... -
Tanzania’s post-independence anti-corruption efforts: Examining the prevention and combatting of corruption bureau’s (pccb) role during Magufuli’s regime
(University of Western Cape, 2020)During the five years of John Magufuli’s presidency, Tanzania’s anti-corruption efforts yielded significant improvements. This improved performance was associated mainly with the President’s personal anti-corruption ... -
Tanzania’s post-independence anti-corruption efforts: Examining the prevention and combatting of corruption bureau’s (pccb) role during Magufuli’s regime
(University of the Western Cape, 2020)During the five years of John Magufuli’s presidency, Tanzania’s anti-corruption efforts yielded significant improvements. This improved performance was associated mainly with the President’s personal anti-corruption stance. ... -
Tax collapse and the post-covid economy
(Sabinet, 2020)The serious economic impact of the lockdown policy response to the Covid-19 pandemic has, understandably, generated substantial policy debate in the media and academia. Conspicuously absent from most of these ... -
Ten years of the South African prevention of organised crime act (1999–2009)
(Open Society Foundation for South Africa, 2010)Organised crime2 is one of the main challenges that governments and intergovernmental organisations3 are grappling with. Its history, consequences and different forms in South Africa are well documented4 and fall outside ... -
Testamentary rescue: an analysis of the intention requirement in Australia and South Africa
(LexisNexis Australia, 2014)This article provides a legal-comparative perspective on the rescue of formally irregular wills through the exercise of judicial dispensing powers in Australia and the comparable exercise of a judicial condonation power ... -
The thin edge of the wedge: ukuthwala, alienation and consent
(Taylor & Francis, 2017)Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ... -
Thinking Out of the Box: Fair Work for Platform Workers
(Routledge, 2020)The burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much legal effort has been ... -
The threat of trade-based money laundering To the African continental free trade area
(University of the Western Cape, 2018)Africa has dedicated considerable effort to establishing a Continental Free Trade Area to facilitate intra-African trade and deepen economic integration. However, the liberalisation and facilitation of trade on the ... -
Too little? Too late? The implications of the Grootboom case for state responses to child-headed households
(University of the Western Cape, 2003)The article begins with an overview of the socio-economic context surrounding child-headed households and then discusses the constitutional obligations that rest on the state vis-a-vis children growing up in these settings. ... -
Towards a legal and regulatory framework for South African domestic remittances: Some considerations
(AHMR - African Human Mobility Review, 2021)This paper is an exploratory study that examines the legal and regulatory framework for domestic remittances within the South African legal context. The author makes some proposals for consideration in the review of the ... -
Towards equality for women with disabilities in South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities
(2021)The United Nations Convention on the Rights of Persons with Disabilities provides for various rights that must be prioritised by states parties which have signed and ratified it, with particular emphasis on the right to ... -
The transfer of enterprises and the protection of employment benefits in South and Southern Africa
(Faculty of Law, University of the Western Cape, 2004)Introduction:The era of globalisation has brought sweeping change to the workplace. Transfers, mergers, outsourcing and an erosion of employment security have been among the consequences. In a country with an inadequate social ... -
‘Transferring sentenced persons (offenders) to the United Kingdom: highlighting some of the human rights issues courts have had to deal with'
(Centre for International and Public Law, Brunel University London, 2014)As at 30 September 2013 13 per cent of the prison population in England and Wales were foreign national offenders. Convicted UK nationals are also serving prison sentences in foreign jurisdictions. The UK government has ...