Faculty of Law: Recent submissions
Now showing items 301-320 of 909
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Ten years of the South African prevention of organised crime act (1999–2009)
(Open Society Foundation for South Africa, 2010)Organised crime2 is one of the main challenges that governments and intergovernmental organisations3 are grappling with. Its history, consequences and different forms in South Africa are well documented4 and fall outside ... -
Implications of the official designation of Muslim clergy as authorized civil marriage officers for Muslims polygynous interfaith and same sex marriage in South Africa
(University of Western Cape, 2017)From 2014 to 2017 some 227 South African Muslim clergy, including three females, graduated as civil marriage officers in terms of the Marriage Act 25 of 1961. Although now vested with dual capacity to perform both Muslim ... -
A descriptive analysis of South African and Islamic abortion legislation and local Muslim community responses
(Yozmot Heiliger Ltd, 2002)The issue of abortion has been the subject of much debate in the recent past in South Africa. Prior to 1996 abortion legislation was punitive and therefore one with which conservative Muslims could identify. Since 1996 the ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Taylor & Francis, 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 ... -
Debunking prevailing school views pertaining to the apostasy of alleged descendants of SHAYKH YUSUF of MAKASSAR
(UIN Sunan Kalijaga, 2020)This article focuses on the controversial issue of apostasy pertaining to the alleged family of Shaykh Yusuf of Makassar, the Indonesian pioneer of Islam in colonial South Africa, after his demise at the Cape in the late ... -
Advancing sexual and reproductive health and rights of adolescents in Africa: The role of the courts
(Springer, 2019)Across the world, adolescents encounter various challenges that may implicate the enjoyment of their sexual and reproductive health and rights. The situation of adolescents in Africa is aggravated by high poverty levels ... -
Towards a new juvenile justice system in Namibia
(Intersentia, 2019)Namibia ’ s moves towards developing a new juvenile justice system for children in conflict commenced a quarter of a century ago. A country which emerged from the ravages of apartheid colonisation and a bloody civil war ... -
Federation among unequals. A country study of constitutional asymmetry in Ethiopia
(Palgrave MacMillan, 2019)Although some level of political asymmetry is unavoidable in any federal arrangement, the problem of an Ethiopian federation affected by glaring political asymmetry remains unexplored. The aim of this chapter is to examine ... -
Mobility and ethnic federalism in Ethiopia
(Addis Ababa UniversityAddis Ababa University - School of Law, 2019)Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also ... -
South Africa
(University of Toronto Press, 2019)South Africa is facing a major public safety crisis threatening its constitutional democracy. Personal violent crime (murder, rape and robbery) remains among the highest in the world; conuption in the public service is ... -
The withering away of politically salient territorial cleavages in South Africa and the emergence of watermark ethnic Federalism
(Oxford University Press, 2019)The policy of apartheid was an attempt to territorialize the white/black racial cleavage through the creation of bantustans, confining black political aspirations to 13 percent of the country, while the remainder of the ... -
Southern African perspectives on banning corporal punishment – a comparison of Namibia, Botswana, South Africa and Zimbabwe
(Brill Nijhoff, 2019)This chapter reviews recent judicial and legislative developments concerning steps towards – and against – the abolition of corporal punishment in four closely connected southern African jurisdictions: South Africa, ... -
City regions in pursuit of SDG 11: Institutionalising multilevel cooperation in Gauteng, South Africa
(Routledge, 2019)Metropolitan areas are becoming more and more important in shaping the future of the planet. In 2017 there were 34 megacities worldwide, i.e. cities with a population of over 10 million. It is expected that this number ... -
Reducing prison violence: implications from the literature for South Africa
(Civil Society Prison Reform Initiative, 2009)In the past 15 years the Department of Correctional Services (DCS) has faced numerous challenges whilst trying to re‐invent itself. This has not been an easy road and in many regards the route to penetrative transformation ... -
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(Potchefstroom Electronic Law Journal, 2012)The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children ... -
Towards an understanding of repeat violent off ending
(Institute for Security Studies, 2010-07)Th is paper explores South African and international literature relevant to repeat off ending. It reviews the international literature on violent and aggressive behaviour and relevant, but limited, South African literature ... -
Ex-prisoners' views on imprisonment and re-entry
(Civil Society Prison Reform Initiative, 2009)This research project gathered information from ex-prisoners about their experiences during and after imprisonment. Knowing what prison system users think and say about the system is important because they are ultimately ... -
Sexual violence in prisons – Part 1: The duty to provide safe custody and the nature of prison sex
(South African Journal of Criminal Justice, 2011)While the exact extent of sexual victimisation in prisons amongst men is uncertain, it is accepted that this is a universal phenomenon. This article, in two parts, examines sexual violence in South African prisons and ... -
South Africa's Heart of Darkness: Sex crimes and child offenders: some trends
(South African Crime Quarterly, 2003)It is a source of great concern that the number of sexual offences committed by children is apparently on the increase. Given that the Child Justice Bill provides for a separate criminal justice process for children, and ... -
Prosecutorial attitudes towards diversion
(NICRO National Office, 1998)This report investigates a number of issues relating to diversion in an effort to make certain recommendations with regard to the running and management of diversion with a particular emphasis on the discretionary powers ...