Department of Public Law and Jurisprudence
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Origins, relevance and prospects of federalism and decentralization in the horn of Africa
(2022)The Horn of Africa is the most conflict-ridden region in the African continent. Both inter-and intra-state conflicts have dominated the region. In a bid to check intra-state conflicts and accommodate ethno-national and ... -
Horizontality and housing rights protection against private evictions from a European and South African perspective
(Brill Academic Publishers, 2022)In the recent decision of fjm v. the United Kingdom, the ECtHR made a decision on the required protection against private evictions that threatens to water-down the protection of housing rights offered by the echr. This ... -
Climate adaptation planning for resilient and sustainable cities: Perspectives from the City of Rotterdam (Netherlands) and the City of Antwerp (Belgium)
(Cambridge University Press, 2022)Climate adaptation planning in pursuit of resilient and sustainable societies has become a focal point in urban policy. Climate adaptation planning is generally regarded as separate from traditional urban planning ... -
Addressing climate change through international human rights law: From (extra) territoriality to common concern of humankind
(Cambridge University Press, 2022)International human rights law (IHRL) offers potential responses to the consequences of climate change. However, the focus of IHRL on territorial jurisdiction and the causation-based allocation of obligations does not ... -
Book Review: The Future of African Customary Law
(University of the Western Cape, 2022)In the abstract of "The Future of African Customary Law" the editors state that it …is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] ... -
Towards comprehensive guidance for states in the African region to respond to children’s rights in emergencies, disasters and pandemics
(Brill Nijhoff, 2021)The covid-19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection ... -
The environment and the Sustainable Development Goals: ‘We are on a road to nowhere
(Edward Elgar, 2018)The 17 Sustainable Development Goals (SDGs) collectively embody the global stance on the economic, social and environmental actions needed to achieve sustainable development. With reference to the environmental component ... -
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 ... -
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 ... -
"Just say sorry" Ubuntu and the Child Justice Act
(PER (Potchefstroom Electronic Law Journal), 2011)In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ... -
Islamic kafalah as an alternative care option for children deprived of a family environment
(Juta Law, 2014)The inclusion of kafalah of Islamic law in the United Nations Convention on the Rights of the Child is the first time an exclusively Islamic concept is recognised in a binding international instrument. The drafting of CRC ... -
Cluster foster care: a panacea for the care of children in the era of HIV/Aids or an MCQ?
(Stellenbosch University (SUNJournals), 2010)The ravages wrought by HIV/AIDS on child-care arrangements in the African context are well documented (Richter & Sherr, 2009; Sloth-Nielsen & Mezmur, 2008; Tsegaye, 2007; sources cited there). Notably, these constitute ... -
Regional frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014)This article discusses the safeguarding movement in the context of child protection. After providing it’s key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child ... -
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013)Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ... -
A preliminary appraisal of the normative gains for children’s rights in the Angolan Children’s Act (act 25/12 of 22 August 2012)
(Jordan Publishers, UK, 2013)The United Nations Convention on the Rights of the Child (UNCRC) represents the most significant step towards the advancement of children’s rights globally. Article 4 of the UNCRC requires states to take concrete measures ... -
The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction
(Faculty of Law, University of the Free State, 2011)The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's Day) heralds a potentially drastic transformation ...
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