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Recent developments Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
(Pretoria University Law Press, 2015)
This article reviews the recent judgment of the Constitutional Court of
Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and
Parliamentary Affairs & 2 Others, which has been hailed with acclaim
worldwide. ...
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(Academy of Science of South Africa, 2016)
This article reports on the findings of a study of foreign children
accommodated in the care system in the Western Cape, based
on fieldwork conducted in child and youth care centres. The
objectives of the study were ...
The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction
(Faculty of Law, University of the Free State, 2011)
The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's Day) heralds a potentially drastic transformation ...
Realising children's rights to legal representation and to be heard in judicial proceedings: an update
(Juta Law, 2008)
South Africa still has some way to go towards ensuring that children's rights to legal representation and to be heard are fully implemented in relation to judicial proceedings affecting them. Nonetheless, some emerging ...
Does the differential criterion for vesting parental rights and responsibilities of unmarried parents violate international law? A legislative and social study of three African countries
(Cambridge University Press, 2011)
The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their ...
A dutiful child: the implications of Article 31 of the African Children's Charter
(Cambridge University Press, 2008)
Each right
has a corresponding duty. The African Children's Charter, under article
31,
imposes
a range of duties on children. Understandably, it could become
contentious
when
an
instrument
on
the
rights
and
...
Relocation decisions: do culture, language and religion matter in the rainbow nation?
(Centre for Family Law and Practice, London Metropolitan University, 2010)
This article turns to culture, language
and religion as constitutional constructs in South Africa,
in an attempt to clarify their importance generally. The
position prior to the Children’s Act is discussed. The article ...
Assessing the impact: Mandatory and minimum sentences in South Africa
(Institute for Security Studies (ISS), 2005)
The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was
recently extended for another two years. At the time, the aim was to reduce serious and violent crime,
achieve consistency ...
2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
(Brill Academic Publishers, 2008)
South Africa commenced transition to a constitutional democracy with the adoption
of an interim constitution in 1994, followed by national elections based, for
the fi rst time, on universal adult suffrage. A justiciable ...
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
(Nelson R Mandela School of Law, University of Fort Hare, 2007)
INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the ...