Browsing Research Articles (Faculty of Law) by Title
Now showing items 321-340 of 428
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The right to return to one's country in Africa: Article 12(2) of the African Charter on Human and Peoples' Rights
(Scielo South Africa, 2021)At the height of the COVID-19 pandemic many African countries barred people, including citizens and foreign nationals, from entering or leaving their territories. This was the case although article 12(2) of the African ... -
The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
(Academy of Science of South Africa, 2016)Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred ... -
The rise of corruption in Ethiopia: Is a lack of constitutionalism to blame?
(Oxford, 2020)In 2001, a political division arose within the Tigray People Liberation Front (TPLF)1 , arguably the core the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), the ruling party and a coalition of four ethnic-based ... -
The role of constitution making and institution building in furthering peace, justice and development: South Africa’s democratic transition
(Oxford University Press, 2010)The international community accepts that peace, justice and development are indivisible properties of human freedom and thus wants a more coordinated approach to post conflict recovery. Today, transitions to democracy are ... -
The role of misinvoicing in the money laundering cycle
(University of Western Cape, 2019)Traditionally, the emphasis of trade-based money laundering policy development has been directed towards financial transactions where the origin of capital is illegal, neglecting private sector companies utilising trade ... -
The role of questioning in writing tutorials: a critical approach to student-centered learning in peer tutorials in higher education
(Taylor & Francis, 2018)Peer tutoring in higher education aims to enhance student learning, and confidence. In writing centres, peer writing tutors use critical questioning to make the tutorial sessions student-focused and productive. The nature ... -
The role of sub-regional courts in the African human rights system
(Conectas Human Rights, 2010-12)The development of sub-regional communities in Africa is not a new phenomenon, but the incorporation of human rights into their agenda is relatively new. In effect, REC courts have introduced a new layer of supra national ... -
The role of traditional leaders in Zimbabwe: are they still relevant?
(University of the Western Cape, 2016)As in many other parts of sub-Saharan Africa, the institution of traditional leadership has always been central to the governance of communities in Zimbabwe. Traditional authorities take various forms and shapes in many ... -
Roman-Dutch law in modern South African succession law
(Ars Aequi, 2014)Modern South African succession law adheres to many of the tenets of Roman-Dutch succession law, and present-day South African courts frequently invoke Roman-Dutch authority to address questions regarding contemporary ... -
The rule of law in Indian administrative law versus the principle of legality in south African administrative law: Some observations
(ASSAF, 2021)The rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of legality has flourished in South African administrative law since its recognition and reception into our ... -
The rule of law: Approaches of the African Commission on Human and Peoples' Rights and selected African states
(Pretoria University Law Press (PULP), 2012)The African Commission on Human and Peoples' Rights is empowered to promote and protect human rights in Africa. Although the African Charter on Human and Peoples' Rights does not expressly use the phrase 'rule of law', the ... -
S v Mthethwa: Justice for sex workers in the face of criminalisation
(Routledge, 2020)In 2017 the Western Cape High Court convicted acclaimed painter, Zwelethu Mthethwa, of the brutal murder of sex worker, Nokuphila Khumalo. This profile offers a feminist-legal analysis of the judgment and sentence handed ... -
Safeguarding Children in the Developing World—Beyond Intra-Organisational Policy and Self-Regulation
(MDPI, 2020)Safeguarding in the context of development and humanitarian assistance has received heightened international attention since 2018. Emerging literature has not yet investigated the extent to which responses are evolving in ... -
SDG 16 and the Impact of the CCR on Pre-trial Detention of Children in South Africa
(Speculum Juris, 2020)The danger to children of “criminal contamination” while in detention pending trial cannot be underestimated.1 Unfortunately, a large number of children are reported to be in pre-trial detention yearly. Sustainable ... -
Second chamber as a site of legislative intergovernmental relations: An African federation in comparative perspective
(Routledge, 2021)South Africa, a country that does not recognize itself as a federation, has established a second chamber that is probably ideal for legislative intergovernmental relations. The National Council of Provinces is ... -
Section 45 of the Tax Administration Act: An unconstitutional limitation on taxpayer privacy?
(Juta, 2021)The Tax Administration Act 28 of 2011 is a law of general application. Section 45 of the Act empowers a SARS official to enter, without a warrant, premises where a trade or enterprise is reasonably believed to be carried ... -
Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?
(University of the Western Cape, 2018)The Protected Disclosures Act 26 of 2000 provides protection for individuals who blow the whistle on corrupt activities in South Africa. The Protected Disclosures Amendment Act 5 of 2017 widens the scope of the original ... -
Seen and heard: new frontiers in child participation in family law proceedings in South Africa
(Nelson R Mandela School of Law, University of Fort Hare, 2009)This article examines the principle of child participation in a legal context, focusing first on the international and constitutional law framework, and thereafter on the principle as it has permeated the South African ... -
Self-Regulated corporate social responsibility: the impact on employment relations at European corporations in South and Southern Africa: a preliminary overview
(Juta Law, 2009)Introduction:Corporate social responsibility (CSR) is a complex topic that has generated a host of policy documents and a vast literature. This article sets out to examine a very specific aspect of it: the impact of CSR ... -
The Sen-Nussbaum diagram of article 11(3) of the African Charter on the Rights and Welfare of the Child: Facilitating the relationship between access to education and development
(Scielo South Africa, 2021)The right to education is an infinitely important right, the benefits of which are boundless. In the case of children, this position is even more emphasised. The right to education has been described as a 'gateway right', ...