Faculty of Law: Recent submissions
Now showing items 121-140 of 909
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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 ... -
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 ... -
Assessing the protection of older persons’ access to social services in South Africa during the Covid-19 pandemic
(Nelson R Mandela School of Law, 2021)One of the main justifications for the severe restrictions imposed on South Africans in the context of the COVID-19 pandemic is the need for the protection of older persons. Unfortunately, the dire scientific warnings ... -
Adjudication of Corporal Punishment and the Implementation of Sustainable Development Goal 16.2: An evaluation of the Kenyan Experience
(CEDRED Publications, 2020)Under the laws of Kenya, the best interests’ principle is a key consideration in all matters affecting children. A topical issue is its’ report on the realisation of the SDG Agenda. Closely related to the same is Kenya’s ... -
Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction
(CEDRED Publications, 2021)Various steps have been taken in both East and Southern Africa to combat the vice of moneylaundering. Notable steps are evident in Kenya as the business hub for East Africa. The era ofglobalisation has without a doubt led ... -
External economic arrangements and South African cities as agents of local development: Illustrations from the City of Cape Town
(GBATA, 2021)The paper examines the role of South African metropolitan cities (metros) in advancing local economic development (LED) through engagements with external actors. Globalization is increasingly changing the roles and players ... -
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 ... -
Interpretation of wills – Does the Endumeni case apply?
(Academy of Science of South Africa, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
A plea of double jeopardy by accused employers: are there limits?
(Nelson Mandela University, 2021)The rule against double jeopardyentails that, generally, apersoncannot be charged more than oncefor the same, or substantially the same, offenceor misconduct in respect of whichhe or she has been convicted or ... -
‘Citizenship by naturalisation: Are Regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1985 invalid?’
(Juta, 2021)This article argues that regulation 3(2)(b), read with regulation 3(2)(c), issued pursuant to section 23(f) of the South African Citizenship Act 88 of 1995 (“1995 Act”), is invalid and ought to be set aside on judicial ... -
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (Adhan or Azan) in South Africa
(MPDI, 2021)This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim ... -
The admissibility of criminal findings in civil matters: Re-evaluating the Hollington judgment
(Pretoria University Law Press, 2021)In Hollington v Hewthorn & Co Ltd 2 1943 All ER 35 it was held that a finding of a criminal court did not have any probative value in a subsequent civil action and was inadmissible as evidence. Despite the case being one ... -
Warrantless search and seizures by the South African police service: Weighing up the right to privacy versus the prevention of crime
(Academy of Science of South Africa, 2021)The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy ... -
When is a donor a daddy? Informal agreements with known sperm donors: Lessons from abroad
(Nelson Mandela University, 2021)Individuals are increasingly entering into informal agreements with known sperm donors in order to either circumvent the costs involved in using fertility centres or owing to personal beliefs and preferences. When they do ... -
The African children’s charter @ 30: A distinction without a difference?
(Brill, 2020)I would like to start with three recent concerning developments on children’s rights in Africa that the media has highlighted. First, in Somalia the draft Sexual Offences Bill that allowed child marriage has ruffled ... -
Consequences for non-payment of PAYE and VAT compared
(2020)This article shows that, whereas a bilateral legal relationship exists between the South African Revenue Service (SARS) and a vendor in relation to value-added tax (VAT), a tri-partite legal relationship exists among the ...