Faculty of Law: Recent submissions
Now showing items 201-220 of 909
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Introduction: COVID-19 and the Law in Africa
(Cambridge University Press, 2021)Following its arrival in African countries in February 2020, COVID-19 has severely tested fragile health systems and economies. Since then, it has taken a heavy toll on individual lives and collective wellbeing. In ... -
Relative poverty in female disability grant recipients in South Africa
(St Cyril and St Methodius University Publishing House, 2021)It is a well-established fact that adequate social security measures are used as a tool to allow persons a measure of financial security and support in the event of certain contingencies. Historically, disability has ... -
A right to a fair trial in Uganda’s Judicature (Visual-Audio Link) Rules: Embracing the challenges in the era of Covid-19
(Routledge, 2020)The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial ... -
Freedom of religion and minority rights in South Africa
(MPDI, 2021)The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. ... -
The Islamic Law of Marriage and Inheritance in Kenya
(Cambridge University, 2021)Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. ... -
Towards comprehensive guidance for states in the African region to respond to children’s rights in emergencies, disasters and pandemics
(Brill Nijhoff, 2021)The covid-19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection ... -
Evaluating the role of the African committee of experts on the rights and welfare of the child in the Covid-19 era: Visualising the African child in 2050
(University of Pretoria, 2021)Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment ... -
The protection of internally displaced children in Africa: A doctrinal analysis of article 23(4) of the African children’s charter
(Cambridge University Press, 2021)This article considers the protection of, and assistance for, internally displaced children (IDCs) in Africa. Internal displacement has become one of Africa’s most pressing human rights challenges. Over the last decade, ... -
Evolving statutory derivative action principles in South Africa: The good faith criterion and other legal grounds
(Cambridge University Press, 2021)The recent Supreme Court of Appeal (SCA) judgment in Lazarus Mbethe v United Manganese of Kalahari raises jurisprudential questions regarding statutory derivative actions in South Africa. For example, the SCA did not ... -
Mainstreaming the ‘Abortion question’ into the right to health in Uganda
(Dullah Omar Institute, 2021)The right to health is a social and economic right that requires progressive realisation by states (Chenwi 2013). Although Uganda’s Constitution does not provide for the right to health, the country is a signatory to the ... -
Addressing female genital cutting/mutilation (FGC/M) in The Gambia
(Routledge, 2021)The purpose of this chapter is to examine the viability of the use of criminal sanction to address FGC/M in general. It then examines the nexus between FCG/M and human rights and discusses the reasons often adduced to ... -
The Sen-Nussbaum diagram of article 11(3) of the African Charter on the Rights and Welfare of the Child: Facilitating the relationship between access to education and development
(Scielo South Africa, 2021)The right to education is an infinitely important right, the benefits of which are boundless. In the case of children, this position is even more emphasised. The right to education has been described as a 'gateway right', ... -
The right to return to one's country in Africa: Article 12(2) of the African Charter on Human and Peoples' Rights
(Scielo South Africa, 2021)At the height of the COVID-19 pandemic many African countries barred people, including citizens and foreign nationals, from entering or leaving their territories. This was the case although article 12(2) of the African ... -
Democratic policing: A conceptual framework
(LDD - Law, Democracy & Development, 2021)Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner ... -
Towards a legal and regulatory framework for South African domestic remittances: Some considerations
(AHMR - African Human Mobility Review, 2021)This paper is an exploratory study that examines the legal and regulatory framework for domestic remittances within the South African legal context. The author makes some proposals for consideration in the review of the ... -
Probing the context of vulnerability: Zimbabwean migrant women’s experiences of accessing public health care in South Africa
(African Human Mobility Review (AHMR), 2021)South Africa has a professed inclusive health policy that articulates that everyone is entitled to have access to healthcare services, regardless of nationality and citizenship. However, several challenges exist for ... -
Sub-regional organisations and the responsibility to protect: A case for the localisation and normative repatriation of sub-regional authority for coercive measures
(Scielo South Africa, 2021)The adoption of the responsibility to protect by the United Nations General Assembly marked a key milestone in the advancement of human security and the international protection of human rights. The textual adoption by the ... -
Message from the Deputy Vice Chancellor
(SADJ - South African Dental Journal, 2018)The 40th-anniversary celebration of the Faculty of Dentistry comes at a time when the faculty has made huge inroads in the profession, as well as in oral health care in South Africa and on the continent. Besides being the ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(African Human Rights Law Journal, 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 ... -
Overview of the role-players in the investigation, prevention and enforcement of market-abuse provisions in South Africa
(Nelson Mandela university, 2013)This article analyses the role and effectiveness of selected key role-players primarily dealing with the investigation, prevention and enforcement of the market abuse prohibition in South Africa in order to increase awareness ...