Faculty of Law: Recent submissions
Now showing items 241-260 of 909
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From regulations to courts: an evaluation of the inclusive and exclusive criteria on children with co-caregivers in the era of Covid-19
(Sabinet, 2020)At the time of writing, more than 5.2 million persons have been infected by Covid-19, leading to 340,000 deaths, while about 2.2 million people have recovered (WHO 2020). South Africa has reported 23,000 infections and ... -
The community leaders training workshop, Cape Town, 10-11 March
(Sabinet, 2020)This workshop formed part of a series that since 2015 has been looking at issues of housing, health, social security and other constitutional matters. With its emphasis on the social determinants of the right to health, ... -
The fairwork foundation: Strategies for improving platform work
(Elsevier, 2020)s paper introduces the Fairwork Foundation, a research initiative that is also developing an interventionaroundthequalityofworkondigitallabourplatforms.Lackingtheabilitytocollectivelybargain,manyplatformworkershavelittle ... -
Tax collapse and the post-covid economy
(Sabinet, 2020)The serious economic impact of the lockdown policy response to the Covid-19 pandemic has, understandably, generated substantial policy debate in the media and academia. Conspicuously absent from most of these ... -
Post Arab uprising – where are the voices of women in Tunisia in 2020?
(International Journal of Arts Humanities and Social Sciences, 2020)The state is committed to the protection of acquired rights for women and works to support and develop them. The state shall endeavour to achieve the principle of party between men and women in elected councils . The state ... -
The Arab Spring – A brief view of Morocco’s February 20 movement and effects
(International Journal of Arts Humanities and Social Sciences Studies, 2020): Since 2011, Morocco has been engaged in a series of political, constitutional and institutional reforms, including a wider respect for human rights. The debates and changes can be attributed to the unprecedented organised ... -
COVID-19 versus contractual obligations: case in point South Africa?
(Without Prejudice, 2020)The 23rd of March 2020 will forever be etched in the minds of all South Africans: President Cyril Ramaphosa declared a 21-day national lockdown effective from midnight on Thursday, 26 March to Thursday, 16 April to curb ... -
Demystifying the Mahr found in Muslim marriages
(Without Prejudice, 2020)One of the most common characteristics of an Islamic marriage is that it commences with a proposal referred to as ijba or rishta. Although the observance of a formal proposal is not strictly a requirement found in traditional ... -
Can Covid-19 be classified as Force Majeure in South Africa?
(Without Prejudice, 2020)The 23rd of March will forever be etched in the minds of South Africans. The President of the Republic of South Africa, Cyril Ramaphosa, declared a 21-day national lockdown effective from midnight on Thursday, 26 March ... -
Limitations on the right to freedom of testation
(Sabinet, 2020)Freedom of testation is a basic right in terms of the South African law of succession and enables a testator (or testatrix) to bequeath assets in a will as they please. The freedom is not completely unrestricted. Limitations ... -
Analysis of the Women’s Legal Centre Trust case
(Law Society of South Africa, 2020)The Western Cape Division of the High Court in Cape Town handed down the judgment in the Women’s Legal Centre Trust case on 31 August 2018. It declared that the state is obliged to respect, protect, promote and fulfil the ... -
An analysis of the rationale behind the distribution of shares in terms of the Islamic law of intestate succession
(Sabinet, 2020)There are 35 verses in Al Quraan that refer to succession. A daughter always inherits half the share of a son in terms of the Islamic law of intestate succession. (See Khan The Noble Qur’an – English Translation of the ... -
Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations
(University of Pretoria, 2020)The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the ... -
Africa, prisons and COVID-19
(Oxford University Press, 2020)Africa’s prisons are a long-standing concern for rights defenders given the prevalence of rights abuses, overcrowding, poor conditions of detention and the extent to which the criminal justice system is used to target ... -
Understanding ‘emergency monetary relief’ in the Domestic Violence Act
(Law Society of South Africa, 2020)Domestic violence is a brutal onslaught against constitutional values and the fundamental right to freedom and security of the person. In S v Baloyi (Minister of Justice and Another Intervening) 2000 (2) SA 425 (CC), Sachs ... -
A cryptocurrency wallet: Is it “relevant material” for tax administration purposes?
(Siber Ink, 2020)This article shows that wallets storing cryptocurrency are intangible property so that they ought to qualify as a ‘thing’ within the meaning of this term in section 1 of the Tax Administration Act 28 of 2011, read with ... -
The limiting effect of Daffy v Daffy 2013 1 SACR 42 (SCA)
(Juta, 2020)The preamble of the Domestic Violence Act 116 of 1998 recognises, inter alia: “that domestic violence is a serious social evil; that there is a high incidence of domestic violence within South African society; that victims ... -
The Canadian contribution to a comparative law of secession: Legacies of the Quebec secession reference
(Palgrave Macmillan, 2020)Celebrating the twentieth anniversary of the Reference Re Secession of Quebec (hereinafter the Reference) is a very good reason to put together a volume on “one of Canada’s most well-known legal exports” (p. 5). But there ... -
The idea of a new Zimbabwe post- Mugabe
(Palgrave Macmillan, 2020)Zimbabwe has gone through deep political, economic and social challenges for close to three decades. Once known as the shining light of Africa, Zimbabwe is now often known for dominating international headlines for the ... -
From the Community Law Centre to the Dullah Omar Institute: The Path of Engaged Research
(UWC Press, 2020)Commencing its life as a research, advocacy and constitution-building entity in 1990, the Community Law Centre, later becoming the Dullah Omar Institute, has over the past 29 years played a significant role in the shaping ...