Faculty of Law: Recent submissions
Now showing items 281-300 of 909
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Advancing regional integration through the free movement of persons in the Southern African Development Community (SADC)
(Nelson R Mandela School of Law, 2020)The level at which the Southern African Development Community (SADC) region has managed to regulate the free movement of persons, so as to reduce or completely eliminate, rigorous administrative requirements poses a ... -
Gender construction in sexual offences cases: A case for fully reviving the Sexual Offences Courts
(Juta, 2020)Gender inequality, male hegemony and the power dynamics at the core of patriarchal society enable the high rate of sexual offences and the low conviction rate of sexual offenders when incidents are reported. The criminal ... -
Rethinking the right to water in rural Limpopo
(Pretoria University Law Press, 2020)For decades Africa has been losing billions of dollars every year as a result of illicit financial flows. When export and import figures are tampered with this has the tendency to erode the tax base. It is common cause ... -
The Tunisian constitutional transition and debates: Islam, women and other actors in the wake of the post Jasmine revolution
(2020)The Arab uprising in Tunisia, dubbed the Jasmine Revolution began in 2010, protesting against unemployment, corruption, injustice and the absence of basic freedoms. The Jasmine Revolution ousted Ben Ali, the then president ... -
THE NATIONAL POLICY FRAMEWORK AND STRATEGY ON PALLIATIVE CARE 2017‒2022: WHAT’S IN IT FOR TERMINALLY ILL INMATES IN SOUTH AFRICA?
(2020)In South Africa many people suffer from serious, incurable health conditions that may render them incapacitated and/or terminally ill. Such persons may inevitably require holistic care such as palliative care. The adoption ... -
An overview of the first draft of the conduct of financial institutions bill and the potential impact on the national payment system in South Africa
(Juta Law, 2020)Over the last decade National Treasury (‘Treasury’) has been rigorously acting on its commitment to promote a stable and safe financial sector for South Africa. The means by which Treasury elected to do so was the decision ... -
An Analysis of the Islamic Law Based Developments in the South African Law of Succession
(2020)South Africa is a secular state with a constitution that guarantees the right to freedom of religion and the right not be discriminated against on religious basis. Over three quarter of a million Muslims live in South ... -
Constitutionalising socio-economic rights in SADC: An impact assessment on judicial enforcement in South Africa, Zimbabwe, Botswana, Lesotho and Zambia
(Nelson R Mandela School of Law, 2020)This paper assesses the manner in which socio-economic rights have been incorporated into the constitutions of selected countries in the Southern African Development Community. This debate is particularly important ... -
Discussing the fundamental principles inherent to effective systems of caregiving leave
(Scielo, 2020)Achieving a healthy work-family life balance is becoming increasingly difficult and is generally dependent on a combination of factors. Such factors include the nature and intensity of work engaged in, available legislative ... -
The functus officio doctrine and invalid administrative acts in South African administrative law: the demand for a more flexible approach
(Nelson R Mandela School of Law, 2020)In South African administrative law, the issue of invalid administrative action in relation to the application of the doctrine of functus officio has brooked a fair amount of debate. Whilst the courts have attempted to ... -
Intergovernmental cooperation, divided societies and capital cities: The case of the Ethiopian capital
(Nomos Verlagsgesellschaft, 2020)Some call it Addis Ababa. Others call it Finfinnee. That is the capital city of the Federal Democratic Republic of Ethiopia. "What's in a name?" In fact, the name is at the centre of the row over the federal capital. ... -
Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations
(Centro Studi sul Federalismo, 2020)Horizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal intergovernmental ... -
Remedying formal irregularities in wills: A comparative analysis of testamentary rescue in Canada and South Africa
(Routledge, 2020)This article examines the testamentary rescue provisions contained in the statutes governing wills in Manitoba, British Columbia and South Africa, as well as some of the jurisprudence on the interpretation and application ... -
Legislative administrative action and the limited extent of public participation
(Juta Law, 2020)The preamble of our constitution acknowledges that government is based on the will of the people. Section 1(d) of the constitution states that the Republic of South Africa is one sovereign, democratic state founded on ... -
A guardian of universal interest or increasingly out of its depth? The International Seabed Authority turns 25
(Brill Academic Publishers, 2020)In contemporary debates on the authority of global institutions, there is an important yet often overlooked organisational curiosity: namely, the International Seabed Authority (‘ISA’). The ISA reflects a highpoint in ... -
Application of the Islamic Law of Succession in South Africa
(Researchgate, 2020-10)Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required ... -
Comparing the application of the islamic law of succession and administration of estates in Singapore and South Africa
(Researchgate, 2020-04)This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator ... -
COVID-19 casts a shadow over domestic workers
(José Frantz, 2021)Even though they are recognised as workers and covered by certain labour laws, domestic workers remain one of the most poorly paid and disempowered sections of the workforce. Being a hard-to-organise sector, with weak ... -
Prisoners' right to vote in Uganda: Comment on Kalali Steven v Attorney General and the Electoral Commission
(EISA, 2020)Article 59 of the Constitution of Uganda (1995) provides for the right to vote. Although the Constitution does not prohibit prisoners from voting, the Uganda Electoral Commission has never made arrangements for prisoners to ... -
Drivers of CO2-Emissions in Fossil Fuel abundant settings: (Pooled) mean group and nonparametric panel analyses
(Multidisciplinary Digital Publishing Institute (MDPI), 2020)The present inquiry addresses the income-environment relationship in oil-producing countries and scrutinizes the further drivers of atmospheric pollution in the respective settings. The existing literature that tests the ...