Browsing Research Articles (Faculty of Law) by Title
Now showing items 331-350 of 427
-
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', ... -
Sentencing primary caregivers of young children
(Juta Law, 2011)Traditionally a judicial officer was not required to consider the effects of the imposed sentence on the children of the offender, even if the offender was a primary caregiver of young children. The Court in S v M (Centre ... -
Serbia the case of 'missing babies' in Serbia before the European court of human rights
(Cambridge Core, 2019)In the case of Zorica Jovanovic v. Serbia, initiated before the European Court of Human Rights (ECtHR) in April 2008, the applicant complained of the continuing failure of the Serbian authorities to provide her with any ... -
Service delivery protests, struggle for rights and the failure of local democracy in South Africa and Uganda: parallels and divergences
(Centre for Applied Legal Studies, Wits University, 2013)Although the two countries are thousands of miles apart, Uganda and South Africa have both experienced service delivery protests in recent years. The protests have been directed mainly at local governments, although in ... -
Seychellois courts and the protection of the right to equal protection of the law
(SAGE Publications, 2018)Unlike the constitutions of other African countries such as Uganda, South Africa, Kenya, Mauritius, Zimbabwe and Namibia which expressly provide for grounds on which a person may not be discriminated against, the Constitution ... -
The shadow of legal pluralism in matrimonial property division outside the courts in Southern Nigeria
(University of Pretoria, 2018)Scholarly interest in the co-existence of normative orders in African social fields tends to focus on conflicts arising from the interaction of customary law with state law. This article takes a different path by revealing ... -
Shari'a in South Africa
(Aboriginal Law Bulletin, 1995)Muslim Personal Law (MPL) is often practised to the detriment of Muslim women in many countries. The Qur'an is a religious text considered by Muslims to be the literal word of God. It is a primary source of Islamic law and ... -
Shifting consciousness and challenging power: Women activists and the provision of HIV/AIDS services
(University of the Western Cape, 2020)In 2003, the South African government shifted AIDS policy making HIV treatment available in the public healthcare sector. The antiretroviral roll out, while hailed as a success, has required continued activism to ensure ... -
A short history of time: charting the contribution of social development service delivery to enhance child justice 1996-2006
(University of Stellenbosch, 2007)By charting the contribution of social development service delivery to enhance child justice in South Africa from 1996 to 2006, this article argues that the contribution of the social development sector to child justice ... -
Should South Africa Criminalise Ukuthwala Leading to Forced Marriages and Child Marriages?
(Academy of Science of South Africa, 2021)In 2014 the South African Law Reform Commission (SALRC) released a Discussion Paper on the practice of ukuthwala. The Discussion paper was revised and released again in 2015 to include public consultations and the ... -
Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa
(International Journal of Law, Policy and the Family, 2020)This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of ... -
The small business sector: deregulation or collective bargaining?
(Juta Law, 1993)Introduction:'Abraham Adamson, owner of A&A Motor Spares in Athlone, Cape Town, was dealing with a client in June 1991 when the sheriff of the court walked in and seized 21 gearboxes and various other movable assets. His ...