Faculty of Law: Recent submissions
Now showing items 141-160 of 909
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Kenya Kenyan Kadhis’ courts and their application of the Islamic law of divorce and distribution of property at the dissolution of marriage
(Cambridge University Press, 2021)Kenya does not have a State religion. Muslims are estimated to constitute than 10% of the Kenyan population. The ‘Kenyan Islamic practice … is predominantly Sunni with a Shafi intellectual tradition.’ However, there are ... -
Barriers to access to contraceptives for adolescent girls in rural Zimbabwe as a human rights challenge
(Routledge, 2021)Approximately 214 million women in developing countries between ages 15 and 49 have an unmet need for contraception.1 In Zimbabwe, 12% of unmarried adolescent girls have an unmet need for contraception. Contraceptive use ... -
The law and politics of internal secession: The Ethiopian experience in comparative perspective
(Palgrave Macmillan, Cham, 2021)Although secession has been the subject of much scholarly work, the focus has largely been on the external dimension of secession, the decision of a territory to leave an existing state and establish itself as independent ... -
Subnational constitutionalism in Ethiopia : Constitutional déjà vu
(Routledge, 2021)This chapter provides a concise account of the nature, scope and relevance of state constitutions in Ethiopia. The major armed forces that challenged state policy were the Eritrean liberation fronts that launched armed ... -
In the name of diversity: The disenfranchisement of citizens in an African Federation
(Brill, 2021)The empowerment of ethnic communities is the cornerstone of the constitutional arrangement of the Federal Democratic Republic of Ethiopia. The Constitution organises the state along ethnic lines by using ethnicity as ... -
Lessons from litigating for sexual and reproductive health and rights in Southern Africa
(Taylor & Francis group, 2021)This chapter focuses on lessons learnt from the experiences of the Southern Africa Litigation Centre (SALC) in instituting and supporting strategic litigation on sexual and reproductive health rights in Southern Africa. ... -
The rule of law and compliance: Legal quadrant and conceptual clustering
(Springer, Cham, 2021)We present in this paper: (i) a regulatory quadrant to describe the rule of law; (ii) a cluster of concepts to describe instruments and processes of the law; (iii) the methodology followed to select the technical papers ... -
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of Western Cape, 2021)Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ... -
Real or imagined local autonomy: Experiences from local government in Ethiopia, South Africa and Zimbabwe
(Koninklijke Brill NV, 2021)Centralized rule has been common in Africa, and almost all African countries implemented, constitutionally or otherwise, programs of centralization from the time they achieved independence from colonial rule. They did ... -
Multiparty democracy in Zimbabwe after the adoption of the 2013 constitution
(Oxford University Press, 2021)Zimbabwe adopted a new Constitution in 2013 which, among other objectives, sought to give greater legitimacy to multiparty democracy. This Constitution strengthens the role of an independent electoral commission, entrenches ... -
Ethiopia: Legal response to Covid-19
(Oxford University Press, 2021)The Constitution of the Federal Democratic Republic of Ethiopia (FDRE),1 which was promulgated in 1995, is the supreme law of the country which, among other things, defines the Ethiopian state and government structures.2 ... -
Book Review: The Future of African Customary Law
(University of the Western Cape, 2022)In the abstract of "The Future of African Customary Law" the editors state that it …is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] ... -
Should South Africa Criminalise Ukuthwala Leading to Forced Marriages and Child Marriages?
(Academy of Science of South Africa, 2021)In 2014 the South African Law Reform Commission (SALRC) released a Discussion Paper on the practice of ukuthwala. The Discussion paper was revised and released again in 2015 to include public consultations and the ... -
The incentivisation of inclusionary housing by South African municipalities: A property law perspective
(University of the Western Cape, 2020)Although it is still in its formative stages, the idea of inclusionary housing in South Africa's constitu tional con text is inescapable. The typical characteristic of inclusionary housing is that a developer is required ... -
Staircase or safety net? Examining the meaning and functioning of RDP house ownership among beneficiaries: A case study of Klapmuts
(University of the Western Cape, 2020)Recognising the apartheid legacy of inaccess to housing and property for the majority of black South Africans, the Constitution entrenches rights of access to housing and property. Since 1994, one of the main ways the ... -
Shifting consciousness and challenging power: Women activists and the provision of HIV/AIDS services
(University of the Western Cape, 2020)In 2003, the South African government shifted AIDS policy making HIV treatment available in the public healthcare sector. The antiretroviral roll out, while hailed as a success, has required continued activism to ensure ... -
Sustainable development and international economic law in Africa
(University of the Western Cape, 2021)Sustainable development has been advocated by the developed world as a means to ensure that the most widely beneficial type of development occurs. This has resulted in a body of rules, which though well intended, does not ... -
Normative intersectionality in married women’s property rights in southern Nigeria
(University of the Western Cape, 2020)The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this ... -
An empirical analysis of class actions in South Africa
(2020)As far as the author is aware, there has not been an empirical analysis of class actions in South Africa since the introduction of the mechanism by the interim Constitution of 1993 more than 25 years ago. There is no ... -
An analysis of the duty to reasonably accommodate disabled employees: a comment on Jansen v Legal Aid South Africa
(University of the Western Cape, 2020)Persons with disabilities are a historically marginalised minority, who have the capacity to make a valuable contribution in the workplace. Recent case law suggests that the duty to reasonably accommodate disabled employees ...