Faculty of Law: Recent submissions
Now showing items 1-20 of 907
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Resolving presidential term limits in transitional justice processes: revisiting the 2015 Burundi crisis
(University of the Western Cape, 2022)The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one ... -
Of norms and ambiguity: the contested authority of UN security council and African Union in the use of force in Africa
(University of the Western Cape, 2023)There has been a renewed interest in the debates on the use of force. This resurgence in academic and policy circles can be attributed to the new wave of military interventions after the initial hiatus of the Global War ... -
The African Union two-dimensional solidarity normative agenda: between contestation and cooperation
(University of the Western Cape, 2024)The idea of solidarity is not neither new to Africa nor to African peoples. In fact, it was Obina Okere who once remarked that “African conception of man is not that of an isolated and abstract individual, but an integral ... -
The conundrum of intestate succession for Muslims in Uganda: Gadhis court, women’s rights, and I Islamic inheritance law issues
(Al-Ahwal Research Centre Department of Islamic Family Law, Faculty of Sharia and Law, UIN Sunan Kalijaga, 2023)During the 2018–2022 process to amend the Succession Act, Muslims in Uganda requested a separate law to regulate their inheritance. However, this was rejected by the Parliamentary Committee. As a result, Muslims are governed ... -
Equality before the law and the recognition of same-sex foreign marriages in Namibia: Digashu and another v GRN and others; Seiler-Lilles and another v GRN and others [2023] NASC 14
(SAGE Publications Ltd, 2023)Article 10(1) of the Constitution of Namibian provides for the right to equality before the law. Article 10(2) prohibits discrimination on several grounds. The Constitution of Namibia, unlike that of South Africa (1996), ... -
The making of Uganda's equal opportunities commission act and its interpretation by the commission
(Cambridge University Press, 2023)Article 32(3) of the Constitution of Uganda (1995) establishes the Equal Opportunities Commission; section 14 of the Equal Opportunities Commission Act provides for the functions of the Commission. These include ensuring ... -
Verso un mercato del lavoro di cura: questioni giuridiche e nodi istituzionali
(ADAPT University Press, 2022)Personal care has traditionally been a responsibility placed, in our country, on the family dimension, penalizing women who have always supported the burden of this work inside and outside the home. An undervalued, ... -
High heels in the workplace – a health hazard or a symbol of femininity? Observations on appearance regulation in Mofokeng v CCMA & Others
(Juta & Company, Ltd, 2022)For over thirty years the ILJ has remained the premier South African labour law reporter. This seminal monthly journal covers judgments and awards handed down by the Labour Court, Labour Appeals Court, the CCMA, Bargaining ... -
South African labour law
(Juta, 2022)Staying abreast of legislative changes is now of crucial importance to employers, trade unionists, government officials and practitioners who have to deal with the completely revolutionized face of labour law in South ... -
Scope of protection: a retrospective and prospective overview of the protected disclosures act 2000
(Centre de droit comparé du travail et de la sécurité sociale, 2023)Following South Africa’s transition to democratic rule, numerous whistle-blowers have raised the alarm regarding corruption and improprieties at work, in both the private and public sectors. To prevent the negative ... -
The employment equity amendment bill B14B – 2020: innovating towards equity or kicking the can down the road?
(Juta & Company, Ltd., 2020)The Employment Equity Amendment Bill introduces significant changes to the regulatory framework for affirmative action by, among other amendments, shifting the responsibility for determining employment equity targets from ... -
Amendements de la loi sur l’équité en matière d’emploi en Afrique du Sud : à côté de la cible !
(Open edition journals, 2023)En mai 2022, le Parlement sud-africain a « donné le feu vert » au Projet d’amendement de la loi sur l’équité en matière d’emploi B14B - 20202. Le Projet d’amendement des dispositions de la loi n°55 de 1998 sur l’équité en ... -
Genuine autonomous work: toward a tailor-made social protection
(Palgrave Macmillan, 2022)This chapter aims at providing a conceptual framework to social protection of genuine autonomous work, with a reference to solopreneurs, analyzing socioeconomic risks and needs they are facing and that may differ from the ... -
Facilitating decent work: the case of domestic workers in Nigeria
(Jute, 2022)A decade after the first international standard regulating domestic work was introduced decent work remains a challenge for domestic workers in Nigeria. Within the framework of ILO’s Convention on Domestic Workers 189 of ... -
Discrimination on an ‘arbitrary ground’ and the right of access to justice
(Jute, 2021)In Naidoo & others v Parliament of the Republic of SA the Labour Appeal Court interpreted ‘arbitrary ground’ in s 6(1) of the Employment Equity Act by rejecting a ‘broad’ interpretation (ie the grammatical meaning of the ... -
Workers, platforms and the state: the struggle over digital labour platform regulation
(Edward Elgar Publishing, 2021)This chapter discusses the arguments made by digital labour platforms - and their supporters - in favour of self-regulation. Against their claims that platform self-regulation is a preferable alternative to state intervention, ... -
'Strategies for decent work and sustainable development in the tobacco sector in Malawi: legal, conceptual, and practical tools for stakeholders' (2023) ILO address project, ILO country office for Malawi
(International Labour Organization, 2023)The International Labour Organization (ILO) is the United Nations agency for the world of work. It sets international labour standards, promotes rights at work and encourages decent employment opportunities, the enhancement ... -
Nigeria’s political, economic, and social dynamics in a pandemic era
(Palgrave Macmillan, 2023)This chapter examines the impact of Nigeria’s containment and mitigation strategies established at the outbreak of the pandemic in the country. The chapter asserts that government intervention reflected a holistic approach ... -
Protecting platform workers: options and challenges
(Jute, 2022)The use of digital platforms as a means of organising work and creating new work opportunities (‘platform work’) is on the increase in developing as well as developed countries. The article starts from three widely-accepted ... -
Fair work in South Africa’s gig economy: A journey of engaged scholarship
(Elsevier, 2023)Because of its relatively well-developed, highly urbanised economy and high penetration of mobile internet access, the platform economy took off quickly in South Africa, with international players vying for market share and ...