Faculty of Law: Recent submissions
Now showing items 641-660 of 909
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A missing link in the Traditional Courts Bill 2017 evidence obtained through human rights violations
(ISS & the University of Cape Town, 2018)The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of ... -
Human rights and access to healthcare services for indigenous peoples in Africa
(Taylor & Francis, 2017)In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the ... -
The role of questioning in writing tutorials: a critical approach to student-centered learning in peer tutorials in higher education
(Taylor & Francis, 2018)Peer tutoring in higher education aims to enhance student learning, and confidence. In writing centres, peer writing tutors use critical questioning to make the tutorial sessions student-focused and productive. The nature ... -
A maturing manifesto: The constitutionalisation of children’s rights in South African jurisprudence 2007-2012
(Brill Academic Publishers, 2013)This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as ... -
The (mis)management of ethno-linguistic diversity in Ethiopian cities
(Taylor & Francis, 2017)Ethiopia has an ethnic federal system that is based on the assumption that the ethnolinguistic communities of the country are located in neatly defined, or definable, territorial areas. On the basis of this assumption the ... -
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Springer Verlag, 2018)The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person ... -
Ten years after the Jali Commission: Assessing the state of South Africa’s prisons
(ISS & UCT, 2016)Ten years have lapsed since the Jali Commission’s final report became publicly available, and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when ... -
The criminalization of torture in South Africa
(Cambridge University Press, 2016)This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ... -
‘Woman, but not human’: widowhood practices and human rights violations in Nigeria
(Oxford University Press, 2013)This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria ... -
The special rapporteur on the rights of women in Africa (SRRWA) 2007-2015
(IFE Centre for Psychological Studies (ICPS), 2018)The purpose of this article is to examine the progress recorded so far by this mechanism focusing on the period from 2007-2015. It focuses on the relevance and importance of the office of the SRRWA as a special mechanism ... -
The human rights implications of virginity testing in South Africa
(SAGE Publications, 2016)This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major ... -
‘Equally unequal or unequally equal’: Adopting a substantive equality approach to gender discrimination in Nigeria
(SAGE Publications, 2017)The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach ... -
Legal and human rights dilemma relating to sexuality education in Africa
(Inderscience, 2016)This article examines the benefits of sexuality education in schools in Africa and then considers the legal and human rights issues relating to the objection to its introduction. In doing this, the article discusses some ... -
A gendered analysis of Section 48(2)(d) of the Zimbabwean Constitution of 2013
(Oxford University Press, 2017)The purpose of this article is to critically review the provision of section 48 (2) (d) of the Zimbabwean Constitution from a gendered perspective. Section 48 (2) (d) of the Constitution would seem to have abolished death ... -
Confronting the state of local government: the 2013 Constitutional Court decisions
(Juta, 2016)In September 2014 the then Minister of Cooperative Governance and Traditional Affairs, Pravin Gordhan, divided municipalities into three groups: a third of the municipalities was carrying out their tasks adequately, a third ... -
Between rhetoric and reality: the relevance of substantive equality approach to addressing gender inequality in Mozambique
(GAP, 2017)The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas ... -
Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
(Pretoria University Law Press, 2015)This article reviews the recent judgment of the Constitutional Court of Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others, which has been hailed with acclaim worldwide. ... -
The essence vindicated? Courts and customary marriages in South Africa
(Pretoria University Law Press, 2017)This article describes different approaches in which courts have determined the validity of customary marriages under the Recognition of Customary Marriages Act in order to address the historical injustices of vulnerable ... -
Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)Granting parole to offenders serving life sentences has raised questions in public and political discourse. This contribution evaluates the discretion of the minister to decline parole under Section 78(2) of the Correctional ... -
On amorphous terms, terrorism and a feeble judiciary: Analysing the dissenting judgment in Maseko v Prime Minister of Swaziland and Others (2016)
(UNISA Press, 2017)On 16 September 2016, the Swaziland High Court delivered judgment in the matter between Maseko and others v Prime Minister of Swaziland and others [2016] SZHC 180, in which it declared certain provisions of the Suppression ...