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Socio-economic rights in Zimbabwe: Trends and emerging jurisprudence
(Pretoria University Law Press, 2017)
In a country such as Zimbabwe where many are deprived of opportunities
and resources owing, in part, to injustices of the past, socio-economic
rights are of the outmost importance. As a result, the new Constitution ...
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 ...
Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction
(Health and Medical Publishing Group (HMPG), 2017)
Individuals are increasingly having recourse to assisted or artificial reproduction in order to realise their desire for offspring. This field is
currently regulated by the National Health Act No. 61 of 2003 (NHA, or the ...
A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)
Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ...
Engaging the paradoxes of the universal and particular in human rights adjudication: The possibilities and pitfalls of ‘meaningful engagement’
(African Human Rights Law Journal, 2012)
This article examines the disjunctures between the universal aspiration of human rights norms and the complexity of their interpretation and
application in diverse and pluralistic contexts. It examines the extent to which ...
Cryptocurrency: The new face of cyber money laundering
(IEEE, 2018)
Virtual currencies are on the rise and so is money laundering. While there are efforts to combat money laundering through various intergovernmental bodies, many have expressed concern over the rise of virtual currencies. ...
The admissibility of evidence obtained through human rights violations in Mauritius
(Juta Law Publishing, 2018)
The Constitution of Mauritius, unlike those of South Africa, Zimbabwe and
Kenya, does not guide courts on the issue of the admissibility of evidence
obtained through human rights. Jurisprudence from Mauritius shows
courts ...
Is it cyberfraud or good ol’ offline fraud? A look at section 8 of the South African cybercrimes bill
(UWC, 2018)
This paper discusses section 8 of the South African Cybercrimes and Cybersecurity Bill, a section which deals with the crime of cyberfraud. It argues that there are certain fraudulent acts which have been presented incorrectly ...
The relevance of the International Covenant on Economic, Social and Cultural Rights for older persons in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2011)
The Universal Declaration of Human Rights of 1948 (UDHR) recognises that '[a]ll human beings are born free and equal in dignity and rights' (article 1). This equality in dignity and rights applies irrespective of age. The ...
Unpacking "progressive realisation", its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance
(2013)
Uiteensetting van "toenemende verwesenliking", die verband met hulpbronne, kernminimum en redelikheid, en sekere metodologiese oorwegings om nakoming te toets
"Toenemende verwesenliking" is een van die beperkings waaraan ...