Browsing Research Articles (Faculty of Law) by Title
Now showing items 122-141 of 431
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Embracing risky refuge: Women, land laws and livelihood vulnerabilities in rural Kenya
(2021)There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land ... -
An empirical analysis of class actions in South Africa
(2020)As far as the author is aware, there has not been an empirical analysis of class actions in South Africa since the introduction of the mechanism by the interim Constitution of 1993 more than 25 years ago. There is no ... -
The enforceability of incorporated term in electronic agreements
(University of Fort Hare, 2013)This article seeks to evaluate the validity of different methods of incorporating terms into electronic agreements, and to what extent the use of these different methods may influence the enforceability of the incorporated ... -
Engendering access to environmental justice in Nigeria’s oil producing areas
(University of the Western Cape, 2021)This article interrogates engendering access to environmental justice in Nigeria's oil producing areas and its connection with poverty and disempowerment of women. Women already suffer from the fact that access to justice ... -
Engendering access to justice for development in SubSaharan Africa: a study of policy, programming and implementation
(University of the Western Cape, 2021)Building on the book "Gender, poverty and access to justice: policy implementation in Sub-Saharan Africa" (Lawson, Dubin and Mwambene (eds) (2020), this special volume of essays is the result of the Conference in Cape Town ... -
Equality and Advantage in Emerging Federations and the Dilemma of Non-Renewable Natural Resources: The Cases of the Solomon Islands and Trinidad and Tobago
(Brill, 2021)In many fragmented societies, where identifiable groups are clustered in distinct territorial areas, conflict often revolves around ownership, control and access to the benefits of non-renewable natural resources (nrnr s), ... -
Equality before the law and the recognition of same-sex foreign marriages in Namibia: Digashu and another v GRN and others; Seiler-Lilles and another v GRN and others [2023] NASC 14
(SAGE Publications Ltd, 2023)Article 10(1) of the Constitution of Namibian provides for the right to equality before the law. Article 10(2) prohibits discrimination on several grounds. The Constitution of Namibia, unlike that of South Africa (1996), ... -
Erfregtelike onwaardigheid: Enige lesse te leer vir die Suid-Afrikaanse reg uit die Nederlandse reg?
(Juta, 2012)The regulation of unworthiness to inherit in Book 4 of the (new) Dutch Civil Code (2003) occasioned numerous interpretation and application challenges to Dutch courts, notaries and inheritance scholars. These challenges ... -
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 ... -
Ethnic federalism and internal minorities: the legal protection of internal minorities in Ethiopia
(Edinburgh University Press, 2013)Not a single federal arrangement has been successful in demarcating the territorial matrix of the federation into separate ethnically defined territorial units. The decade-old federal experiment in Ethiopia is no exception ... -
Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations
(University of Pretoria, 2020)The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the ... -
Evaluating the role of the African committee of experts on the rights and welfare of the child in the Covid-19 era: Visualising the African child in 2050
(University of Pretoria, 2021)Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment ... -
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017)This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary ... -
An evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the ... -
An evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of the Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic ... -
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ... -
The Evolution of the concept of 'unfair discrimination' in South African Labour Law
(Juta Law, 2006)Introduction:This article examines the meaning and scope of the prohibition of unfair discrimination against employees contained in s 6 of the Employment Equity Act in the light of the development of the concept of 'unfair ... -
An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?
(Law Faculty, University of the Western Cape, 2004)Introduction: In Muslim personal law, the husband on pronouncing a divorce has a number of legal obligations towards his wife including maintenance and payment of outstanding dower. While there is no dispute among Muslim ... -
Extending the frontiers of employment regulation: the case of domestic employment in South Africa
(Faculty of Law, University of the Western Cape, 2010)Domestic workers form one of the most vulnerable and exploited sectors of the workforce in the world economy. In 2002 South Africa became one of relatively few countries to promulgate special legislation aimed at extending ... -
External economic arrangements and South African cities as agents of local development: Illustrations from the City of Cape Town
(GBATA, 2021)The paper examines the role of South African metropolitan cities (metros) in advancing local economic development (LED) through engagements with external actors. Globalization is increasingly changing the roles and players ...