Faculty of Law
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The Faculty of Law's principal research focus areas include human rights, local government law, criminal justice and prisons, and labour law.
Electronic theses and dissertations are available in the Electronic Theses and Dissertations Repository .
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Carpe Pecuniam: Criminal forfeiture of tainted legal fees
(Pretoria University Law Press, 2020)A person charged with money laundering has a right to legal representation and a lawyer is entitled to defend such person. What if the lawyer is paid with dirty money? This paper explores the legal status of tainted ... -
The interaction between family law, succession law and private international law: An introduction
(Intersentia, 2021)At the national level, the rules of substantive family and succession law work with private international law rules created specifically for these substantive laws. Hence, there cannot be any question that there is an ... -
Equity
(Oxford University Press, 2021)This chapter critically analyses the notion of equity in international environmental law. It begins by discussing the meaning of equity in international law and briefly reflecting on familiar examples of the manifestation ... -
The African children’s charter at 30: What implications for child and family law?
(Intersentia, 2021)This chapter examines the progress made and the difficulties encountered in the implementation of the African Charter on the Rights and Welfare of the Child (hereinafter the Charter) in the areas of children's rights and ... -
Children’s rights and parental authority: African perspectives
(Routledge, 2021)Traditionally, children in African societies were raised communally, with extended family members playing a vital role in child rearing and care. Social reality is playing a formative role in relation to family law and ... -
Thirty years of the CRC in Africa
(Routledge, 2021)This chapter reviews 30 years of the Convention on the Rights of the Child in Africa. It notes that there has been significant upgrading and modernisation of child law throughout the continent, notably in child protection ... -
Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
(Juta, 2021)John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' ... -
Human rights and the transformation of property. By Stuart Wilson
(Juta, 2021)A book devoted to the transformation of law, in this case property law, which is published in South Africa is cause for celebration. Such a work devoted to South African law is rarer than the proverbial dentures of a hen. ... -
An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
(ASSAf, 2021)This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ... -
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(University of Zurich, 2021)Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This ... -
An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study
(Juta, 2021)This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic ... -
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 ... -
Legal and social complexities relating to practice of arranged and forced marriages
(Academy of Islamic Studies, University of Malaya, 2021)The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, ... -
South African National Defence Force (SANDF) drops charges against hijab-wearing officer: Case in point South Africa
(Academy of Islamic Studies, University of Malaya, 2021)Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and ... -
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(The Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich, Zurich, Switzerland, 2021)Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from the pension fund organisation of his or her former wife or husband if certain requirements are met. This ... -
Legal Pluralism and the Future of Personal Family Laws in Africa
(Oxford, 2021)A notable aspect of Africa’s struggle with itsA notable aspect of Africa’s struggle with its colonial legacies is the co-existence of indigenous laws that emerged in agrarian settings with state laws that emerged in ... -
Animal, Subject, Constitution. Mosaic: an interdisciplinary critical journal
(Johns Hopkins University, 2021)Subjectivity and a civil constitution, according to Kant, are both made possible by a certain power or ability, which the human being has in comparison with animals. This essay examines Derrida's reading of Kant's Anthropology ... -
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 ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(University of Pretoria, 2021)In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of ...
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