Browsing Research Articles (Faculty of Law) by Title
Now showing items 175-194 of 428
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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, ... -
The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(Juta Law, 1998)Introduction: All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality ... -
The interim and final constitutions and Muslim Personal Law: implications for South African Muslim women
(Stellenbosch Law Review, 1997)All women face similar status problems in the private and public spheres of life but it is alleged that, as members of a religious community, Muslim women experience another inequality. This double inequality has resulted ... -
The interim Constitution and Muslim personal law”
(Cape Town Community Law Centre, 1995)Muslim women face the same status problems in the private and public spheres of life as their non-muslim counterparts but it is alleged that, as members of a particular religious community, they experience another inequality. ... -
International human rights law and foreign case law in interpreting constitutional rights: The Supreme Court of Uganda and the death penalty question.
(Pretoria University Law Press (PULP), 2009)On 21 January 2009, the Supreme Court of Uganda handed down a judgment in which it held that the death penalty was constitutional, that a mandatory death sentence was unconstitutional, that hanging as a mode of execution ... -
Interpretation of wills – Does the Endumeni case apply?
(Academy of Science of South Africa, 2021)This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of ... -
Introduction: COVID-19 and the Law in Africa
(Cambridge University Press, 2021)Following its arrival in African countries in February 2020, COVID-19 has severely tested fragile health systems and economies. Since then, it has taken a heavy toll on individual lives and collective wellbeing. In ... -
Is it cyberfraud or good ol’ offline fraud? A look at section 8 of the South African cybercrimes bill
(UWC, 2018)This paper discusses section 8 of the South African Cybercrimes and Cybersecurity Bill, a section which deals with the crime of cyberfraud. It argues that there are certain fraudulent acts which have been presented incorrectly ... -
Is the Act working for children? The first year implementation of the Child Justice Act
(Institute for Security Studies, 2011)The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and ... -
Is the Act working for children? The first year of implementation of the Child Justice Act
(Institute for Security Studies (ISS), 2011)The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and ... -
The Islamic Law of Marriage and Inheritance in Kenya
(Cambridge University, 2021)Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. ... -
Islamic state practices in the framework of Islamic and international human rights instruments
(Electronic Publishing, 2016)The main purpose of this article is to provide an analytical perspective of essentially four current Islamic human rights instruments adopted under the protection of two different, parallel 'Arab' and 'Islamic' organisations, ... -
The Judiciary in Federal Systems in Africa
(Perspectives on Federalism, 2020)Eight states in Africa that have federal or federal-type government systems and most of these federations emerged in the post-Cold War period. The African federations are in various degrees characterised by a limited ... -
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 ... -
Just say sorry?" Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008
(North-West University, 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 ...