Faculty of Law: Recent submissions
Now showing items 621-640 of 909
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Federal homogeneity from the bottom up: Provincial shaping of national HIV/AIDS policy in South Africa
(Publius: The Journal of Federalism, 2003-01-01)The focus of uniform policy making in federal systems is usually on enforcing homogeneity on units within a federation, based often on the implicit premise that the center is "right," enlightened, or modern and that one ... -
Federal arrangements as a peacemaking device during South Africa's transition to democracy
(Publius: The Journal of Federalism, 2001-01-01)This article examines how federal arrangements were used during South Africa's transition to democracy to deal with the conflict posed by two important ethnic-based groupings: right-wing Afrikaners and Zulu nationalists. ... -
District municipalities : giving effect to shared authority in local government
(Law, Democracy & Development, 2003-01)A new feature of local government outside metropolitan areas is the establishment of 47 district municipalities in December 2000. They share legislative and administrative powers with local municipalities in their area. ... -
Decentralisation and Constitutionalism in Africa: Concepts, Conflicts and Challenges
(Fourth Stellenbosch annual seminar on constitutionalism in Africa (SASCA), 2016-09-07)A central quest in post-Cold War Africa has been to bring the Leviathan – the untrammelled ruler – to heel through constitutionalism, and, to a lesser extent, also decentralisation. 1 The unbridled power of the imperial ... -
Constitution-Building in Africa
(Community Law Centre, University of the Western Cape, 2015)The process towards the adoption of a constitution is determined by the context in which the constitution is written. It navigates such issues as political engagement, keeping politically agreed timelines, ensuring the ... -
Municipal law making under SPLUMA: A survey of fifteen "first generation" municipal planning by-laws
(Potchefstroom Electronic Law Journal, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
Kenya-South Africa dialogue on devolution
(JUTA and company, 2016)In a radical break with its past, democratic South Africa established a system of devolution that was confirmed in the 1996 Constitution. In reaction to a system of highly centralised government that had seen the abuse of ... -
District-local municipal relations: The challenges to cooperative government
(Community Law Centre, University of the Western Cape, 2005)Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ... -
The admissibility of evidence obtained through human rights violations in Mauritius
(Juta Law Publishing, 2018)The Constitution of Mauritius, unlike those of South Africa, Zimbabwe and Kenya, does not guide courts on the issue of the admissibility of evidence obtained through human rights. Jurisprudence from Mauritius shows courts ... -
Is it cyberfraud or good ol’ offline fraud? A look at section 8 of the South African cybercrimes bill
(UWC, 2018)This paper discusses section 8 of the South African Cybercrimes and Cybersecurity Bill, a section which deals with the crime of cyberfraud. It argues that there are certain fraudulent acts which have been presented incorrectly ... -
Seychellois courts and the protection of the right to equal protection of the law
(SAGE Publications, 2018)Unlike the constitutions of other African countries such as Uganda, South Africa, Kenya, Mauritius, Zimbabwe and Namibia which expressly provide for grounds on which a person may not be discriminated against, the Constitution ... -
Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction
(Health and Medical Publishing Group (HMPG), 2017)Individuals are increasingly having recourse to assisted or artificial reproduction in order to realise their desire for offspring. This field is currently regulated by the National Health Act No. 61 of 2003 (NHA, or the ... -
The thin edge of the wedge: ukuthwala, alienation and consent
(Taylor & Francis, 2017)Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ... -
Socio-economic rights in Zimbabwe: Trends and emerging jurisprudence
(Pretoria University Law Press, 2017)In a country such as Zimbabwe where many are deprived of opportunities and resources owing, in part, to injustices of the past, socio-economic rights are of the outmost importance. As a result, the new Constitution ... -
A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ... -
Entrenching decentralisation in Africa: A review of the African charter on the values and principles of decentralisation, local governance and local development
(Springer Verlag, 2018)The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ... -
Cryptocurrency: The new face of cyber money laundering
(IEEE, 2018)Virtual currencies are on the rise and so is money laundering. While there are efforts to combat money laundering through various intergovernmental bodies, many have expressed concern over the rise of virtual currencies. ... -
Socio-economic rights in post-Mugabe Zimbabwe
(Dullah Omar Institute, 2018)From 1980 to 2017, Robert Mugabe ruled Zimbabwe through a regime that posed as ‘democratic’ but which for all intents and purposes was a dictatorship. The power of the government stemmed not from the will of the people ... -
Injecting compassion into international wildlife law: from conservation to protection?
(Cambridge University Press, 2017)International wildlife law is concerned with the conservation of sentient species, but generally ignores the welfare of individual animals. It therefore does not reflect a recognition of the moral worth of animals and ... -
Involuntary sterilisation as a form of violence against women in Africa
(SAGE Publications, 2017)This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision ...