Browsing Research Articles (Faculty of Law) by Title
Now showing items 162-181 of 431
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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 ... -
An ice-breaker: state party reports and the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child: recent developments
(Juta Law, 2008)During its 11th session, the African Committee of Experts on the Rights and Welfare of the Child held its first Pre-Session for the consideration of state party reports. This update highlights the work of the Committee ... -
An ill contractual wind blowing collective good? Collective representation in non-statutory bargaining and the limits of union authority
(Juta Law, 1994)Induction:In the statutory arena one facet at least, the interaction between union and employer parties at industrial council level, is defined by the Labour Relations Act 28 of 1956 (LRA). The other crucial nexus, that ... -
(Illicit) transfer by De Gree
(University of Western Cape, 2007)The decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA) is worthy of consideration for a number of reasons, reasons which do not include the prominent (emotive) media attention devoted to ... -
The impact of the capacity provisions in the Companies Act 71 of 2008 on the insolvency-remoteness of limited capacity special purpose vehicles used in securitisation schemes
(Juta, 2020)The insolvency-remoteness of a special purpose vehicle (SPV) used in a securitisation scheme is of critical importance, because insolvency of the SPV can interrupt the payment streams due to the investors in such schemes. ... -
Implementing Article 45 of the UN Convention against Corruption in Africa: prospects and challenges
(Nomos Verlagsgesellschaft mbH, 2013)Article 45 of the United Nations Convention against Corruption empowers states parties to enter into bilateral or multilateral agreements or arrangements on the transfer of offenders convicted of offences in one country ... -
The implication of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of Nigeria
(Taylor & Francis, 2013)Oil is a major source of income for Nigeria and it is the mainstay of the country’s economy. Nigeria’s intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of ... -
Implications of the official designation of Muslim clergy as authorized civil marriage officers for Muslims polygynous interfaith and same sex marriage in South Africa
(University of Western Cape, 2017)From 2014 to 2017 some 227 South African Muslim clergy, including three females, graduated as civil marriage officers in terms of the Marriage Act 25 of 1961. Although now vested with dual capacity to perform both Muslim ... -
The incentivisation of inclusionary housing by South African municipalities: A property law perspective
(University of the Western Cape, 2020)Although it is still in its formative stages, the idea of inclusionary housing in South Africa's constitu tional con text is inescapable. The typical characteristic of inclusionary housing is that a developer is required ... -
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
(Nelson R Mandela School of Law, University of Fort Hare, 2007)INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the ... -
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 ... -
The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?
(2021)The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law ... -
Institutional subsidiarity in the South African constitution
(Juta Law, 2010)This article attempted to clarify the role played by section 156(4) of the Constitution by tracing some of the origins and manifestations of the principle of subsidiarity, on which this provision is modelled. It was argued ... -
Insulating administrative decision-making relating to individual staff appointments from political meddling: Manana v King Sabata Dalindyebo Municipality
(Juta Law, 2012)Introduction: The Local Government: Municipal Systems Act 32 of 2000 (hereafter 'the Municipal Systems Act') provides that the municipal manager is responsible for the appointment of staff, other than managers that report ... -
Inter-country adoption from a Southern and Eastern African perspective
(Washington & Lee Law School, Virginia, 2010)This paper reviews recent developments pertinent to inter-country adoption in Southern and Eastern Africa. In particular, it focuses on the tripartite roles of governments, the judiciary and the international community, ...