Faculty of Law: Recent submissions
Now showing items 221-240 of 909
-
Mobile money, financial inclusion and financial integrity: The South African case
(Washington Journal of Law, Technology and Arts, 2013)The usage of mobile banking and in particular, payments by means of mobile phones, has increased in recent years in South Africa, with consequent impacts from a legal and regulatory point of view. South Africa is ... -
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 ... -
The language of western homogeneity: A rose by any other name is a potential lawsuit
(Edward Elgar Publishing, 2016)It has sometimes been stated that international legislation favours the developed nations that create it to the detriment of the developing nations who must abide by it. This paper shall pose this question with regard to ... -
State formation after civil war: Local government in national peace transitions
(Taylor & Francis group, 2016)State formation after civil war offers a new model for studying the formation of the state in a national peace transition as an integrated national phenomenon. Current models of peacebuilding and state building limit that ... -
Food security, urban governance and multilevel government in Africa
(Springer, 2021)Realising the right to food requires more than an increase in food production. Increasing access to food is equally important, so this contribution adopts a “food systems approach”. Against the backdrop of a growing ... -
A European compass for transporting personal data on the new silk road
(Oxford University Press, 2020)In the new era of Open Science, the European Union strongly promotes that all sorts of data should be able to roam freely within the academic world (LERU 2018). A free flow of data enables researchers to not only check ... -
Providing for the unwanted in a time of crisis: The socio-economic rights of migrant workers in South Africa under covid- 19 pandemic
(Juta, 2020)Migrants are amongst the most vulnerable groups in South Africa. They are often subjected to harsh forms of discrimination and excluded from government policy considerations. They have not fared differently under the ... -
The role of national human rights institutions in enhancing the impact of children's rights in Africa
(Pretoria University Law Press, 2020)This chapter contextualises the role played by National Human Rights Institutions (NHRIs) and their functional equivalents (such as ombudsmen) in the reporting process on children’s rights. As Ineke Boerifijn notes, NHRIs ... -
A Systemically Correct Approach in State Evictions
(Juta, 2020)Evictions at the hand of the state have been litigated and adjudicated with reference to section 26(3) of the Constitution of the Republic of South Africa (“Constitution”) and section 6 of the Prevention of Illegal Eviction ... -
The Broad-Based Black Economic Empowerment Act 53 of 2003 and the ways in which the commission of fronting practices affects the achievement of its objective
(Institute for Democracy, Governance, Peace and Development in Africa, 2020)The Broad-Based Black Economic Empowerment Act 53 of 2003 is one of the statutes enacted to promote the right to equality, which is enshrined in the Bill of Rights of the Constitution of the Republic of South Africa. It ... -
The Judiciary in Federal Systems in Africa
(Perspectives on Federalism, 2020)Eight states in Africa that have federal or federal-type government systems and most of these federations emerged in the post-Cold War period. The African federations are in various degrees characterised by a limited ... -
Mothers and others: Transgender birth, birth registration and the rights of the child, with a focus on the United Kingdom and South Africa
(International Journal of Discrimination and the Law, 2020)The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well ... -
Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa
(International Journal of Law, Policy and the Family, 2020)This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of ... -
SDG 16 and the Impact of the CCR on Pre-trial Detention of Children in South Africa
(Speculum Juris, 2020)The danger to children of “criminal contamination” while in detention pending trial cannot be underestimated.1 Unfortunately, a large number of children are reported to be in pre-trial detention yearly. Sustainable ... -
Child justice: Changes to the minimum age of criminal capacity
(Juta, 2020)Accessed: http://www.jutajournals.co.za/child-justice-changes-to-the-minimum-age-of-criminal-capacity/ -
Safeguarding Children in the Developing World—Beyond Intra-Organisational Policy and Self-Regulation
(MDPI, 2020)Safeguarding in the context of development and humanitarian assistance has received heightened international attention since 2018. Emerging literature has not yet investigated the extent to which responses are evolving in ... -
The environment and the Sustainable Development Goals: ‘We are on a road to nowhere
(Edward Elgar, 2018)The 17 Sustainable Development Goals (SDGs) collectively embody the global stance on the economic, social and environmental actions needed to achieve sustainable development. With reference to the environmental component ... -
Prosecuting and Punishing Persons for Sending Messages of Obscene, Offensive, Threatening or Menacing Character under the Mauritian Information and Communication Technologies Act
(Speculum Juris, 2020)Jurisprudence from Mauritian courts shows that people have been convicted of offences under the Information and Communication Technologies Act. These offences have been mostly committed using mobile phones. The most common ... -
The convention on the rights of the child, migration, and Australia: Repositioning the convention from being a ‘wish list’ to a ‘to do list’ the 2018 Australian human rights institute annual lecture
(Routledge, 2019)I was not terribly sure how many people I could reasonably expect for this lecture, especially since the former Prime Minister, the Hon. Tony Abbort, has said that Australians are sick of being lectured to by the United ... -
S v Mthethwa: Justice for sex workers in the face of criminalisation
(Routledge, 2020)In 2017 the Western Cape High Court convicted acclaimed painter, Zwelethu Mthethwa, of the brutal murder of sex worker, Nokuphila Khumalo. This profile offers a feminist-legal analysis of the judgment and sentence handed ...