Faculty of Law: Recent submissions
Now showing items 261-280 of 909
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The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa
(Intersentia, 2018)South Africa is a young constitutional democracy and developing country. Its main national laws protecting children, namely, the supreme Constitution 19961 and the comprehensive Children's Act 20052 based on its provisions, ... -
Part two: Debunking prevailing scholarly views pertaining to the apostasy of alleged descendants of Shaykh Yusuf of Makassar
(UIN Sunan Kalijaga, 2020)This paper is the second part of the two articles that discuss the controversy over the conversion of religion in the family of Shaykh Yusuf of Makassar after being exiled in South Africa during the Dutch colonial period ... -
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 ... -
Alleviating poverty through retirement reforms
(Pretoria University Law Press (PULP), 2020)Older persons in South Africa may be described as a sizeable but vulnerable group requiring specific protection. One of the ways in which the country can provide for the socio-economic needs of its older population is ... -
The future of African customary law
(Elsevier, 2012)It s intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] considers the characteristics of customary law and efforts to ascertain and codify ... -
An analysis of professor Lourens du Plessis’ early (pro-life) and later (prochoice) perspectives on abortion
(Nelson Mandela University, 2016)Abortion, or termination of pregnancy, albeit in gradations from most to less restrictive to unrestricted, has always been legally allowed in South Africa. This questions the need for the introduction of new law. ... -
Negotiating settlements in a broader law enforcement context
(Elgar Publishing, 2020-04-08)This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to ... -
Access to Justice in Kenya in the Context of Sustainable Development Goals (SDG) 16.3 on the Rule of Law: Lessons for the upcoming 2020 Voluntary National Review Report
(CEDRED Publications, 2020-08)Kenya was among the various countries that presented a Voluntary National Review Report in 2017. In the context of the Sustainable Development Goal 16.3, a close reading of the 2017 Report shows some strong and weak points. ... -
Formal recognition of adult relationships and legal gender in a comparative perspective
(Elgar Publishing, 2020-03-02)This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents ... -
The impact of the capacity provisions in the Companies Act 71 of 2008 on the insolvency-remoteness of limited capacity special purpose vehicles used in securitisation schemes
(Juta, 2020)The insolvency-remoteness of a special purpose vehicle (SPV) used in a securitisation scheme is of critical importance, because insolvency of the SPV can interrupt the payment streams due to the investors in such schemes. ... -
Legal empowerment as a tool for engendering access to justice in South Africa
(Sage, 2020)This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human ... -
From Muhammed and others to De Beer and others: striking the balance between public health measures and human rights during Covid-19 era in South Africa
(2020)The world first got to know of coronavirus (Covid 19) in December 2019, when it rampaged the Chinese city of Wuhan causing many deaths. On 30 January 2020, the World Health Organisation (WHO) declared the outbreak of ... -
Thinking Out of the Box: Fair Work for Platform Workers
(Routledge, 2020)The burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much legal effort has been ... -
Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
(Emarald Publishing, 2020)Purpose – The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their ... -
Peacebuilding and the Interface of State Law and Indigenous Market Laws in Southern Nigeria
(2020)How the interface of state law and indigenous market laws contributes to peacebuilding in Nigeria is an unexplored question that demands attention. First, law, human security and peace are interrelated through the cultural ... -
Normative intersectionality in married women’s property rights in Southern Nigeria
(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 ... -
Child soldiers and the defence of duress under International Criminal Law
(Routledge, 2021)Atrocities committed by children are frequently explained away by arguments of coercion: children are forced by commanders to participate in acts of extreme violence, threatened with brutal punishment if they fail to ... -
On crime and punishment: Derrida reading Kant
(Springer Nature, 2019)This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifcally Kant’s refections on the sovereign ... -
Exploring the link between poverty and human rights in Africa
(Pretoria University Law Press, 2020)Poverty remains one of the greatest challenges facing humanity in this century. Despite the fact that the world is blessed with natural and human resources, a significant number of people, particularly in developing countries, ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Routledge, 2020)This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an ...