Browsing Research Articles (Faculty of Law) by Title
Now showing items 148-167 of 431
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A foreskin too far? Religious, medical or customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS
(University of the Western Cape, 2012)This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional ... -
Form over function? the practical application of the recognition of Customary Marriages Act 1998 in South Africa
(Juta Law, 2013)The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article ... -
The four-year undergraduate LLB: where to from here?
(Nelson Mandela Metropolitan University, 2013)Fifteen years have passed since the four-year undergraduate Baccalaureus Legum (“LLB”) degree was first introduced in 1998. This degree was introduced by the Qualification of Legal Practitioners Amendment Act 78 of 1997 ... -
Freedom of religion and minority rights in South Africa
(MPDI, 2021)The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. ... -
A fresh perspective on historical sexual abuse: the case of Hewitt v S 2017 1 SACR 309 (SCA)
(Academy of Science of South Africa, 2017)Sexual crimes continues to be a scourge in our society. It is therefore not surprising that the prevention and criminalisation of sexual crimes in South Africa has received a large amount of attention over the last few ... -
From archaic to modern law: Uganda's Refugees Act 2006 and her international obligations
(The Human Rights and Peace Center (HURIPEC), 2008)Uganda enacted its first law to deal with refugees in 1955, which was repealed in 1960 by the Control of Alien Refugees Act. While the 1960 law was still in force, Uganda ratified international and regional human ... -
From food to cash relief: How prepared are Uganda’s anti-corruption agencies to counter corruption in Covid-19 cash transfers?
(University of the Western Cape, 2022)In July 2021, Uganda commenced the disbursement of telephonic cash transfers to the vulnerable urban poor, most adversely affected by the COVID-19 pandemic, marking a policy shift from food relief to cash transfers to the ... -
From Muhammed and others to De Beer and others: striking the balance between public health measures and human rights during Covid-19 era in South Africa
(2020)The world first got to know of coronavirus (Covid 19) in December 2019, when it rampaged the Chinese city of Wuhan causing many deaths. On 30 January 2020, the World Health Organisation (WHO) declared the outbreak of ... -
From regulations to courts: an evaluation of the inclusive and exclusive criteria on children with co-caregivers in the era of Covid-19
(Sabinet, 2020)At the time of writing, more than 5.2 million persons have been infected by Covid-19, leading to 340,000 deaths, while about 2.2 million people have recovered (WHO 2020). South Africa has reported 23,000 infections and ... -
Fundamentals of anti-bribery and anti-corruption compliance in South Africa
(University of Western Cape, 2019)Corruption is endemic in jurisdictions throughout the world. The financial and reputational risks that follow incidents of corrupt activity within an organisation are considerable. Often they can be quite severe. The ... -
Gender construction in sexual offences cases: A case for fully reviving the Sexual Offences Courts
(Juta, 2020)Gender inequality, male hegemony and the power dynamics at the core of patriarchal society enable the high rate of sexual offences and the low conviction rate of sexual offenders when incidents are reported. The criminal ... -
Going the extra mile: police training on domestic violence
(Institute for Security Studies, 2010)As anticipated by the drafters of the Domestic Violence Act (DVA), the South African Police Service holds the key to the successful implementation of the Act. Over the past ten years, researchers and independent bodies ... -
Gold laundering: The dirty secrets of the gold trade — and how to clean up
(University of Western Cape, 2019)For centuries, humankind has been fascinated by the glitz and glamour of gold. With its multiple uses, ranging from components in mobile phones to medicine, gold remains one of the oldest and most sought after commodities. ... -
Grappling with the scourge of money laundering during the Covid-19 pandemic in South Africa
(University of the Western Cape, 2022)The deadly COVID-19 pandemic has unfortunately presented new opportunities for perpetrators to exploit. As such, hefty amounts of economic crimes such as money laundering and money laundering threats were committed from ... -
A guardian of universal interest or increasingly out of its depth? The International Seabed Authority turns 25
(Brill Academic Publishers, 2020)In contemporary debates on the authority of global institutions, there is an important yet often overlooked organisational curiosity: namely, the International Seabed Authority (‘ISA’). The ISA reflects a highpoint in ... -
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (adhan or azan) in South Africa
(MPDI, 2021)This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim ... -
How loud is too loud? Competing rights to religious freedom and property and the Muslim call to prayer (Adhan or Azan) in South Africa
(MPDI, 2021)This article approaches the position of the call to prayer (adhan or azan) in South Africa from the perspective of both legislation and case law. Although only an unamplified adhan has religious status in Islam, Muslim ... -
How should the most evil of law breakers be punished: The death penalty vs life imprisonment in Uganda, 1993 – 2009
(The Human Rights and Peace Center (HURIPEC), 2011)Article 22(1) of 1995 Constitution of Uganda protects the right to life and provides that it can only be taken away in the ‘execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect ... -
Human rights in Islam
(Juta Law, 1998)Introduction: Conflicts between human rights and religion do exist. Is this true of Islam? The answer is not as simple as 'yes' or 'no'. Although an examination of human rights in an Islamic context will reveal its theocentric ...