Browsing Research Articles (Faculty of Law) by Title
Now showing items 355-374 of 431
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Small enterprises, Industrial Relations and the RDP
(Juta Law, 1995)Introduction: The small, medium and micro enterprise (SMME) sector spans an immense sweep of economic activity, from entirely non-regulated to entirely regulated businesses, 'from the survivalist activities of informal ... -
So sweet, so sour: a commentary on the Nigerian High Court's decision in Georgina Ahamefule v Imperial Hospital and Another relating to the rights of persons living with HIV
(Pretoria University Law Press (PULP), 2013)The purpose of this article is to assess the decision of the Nigerian High Court in the Ahamefule case. While the case would seem to be a victory for people living with HIV in the country, it left some important ... -
South Africa
(ASSER Press, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and maintenance ... -
South Africa, the arts and youth in conflict with the law
(Intellect, 2007)This paper describes the DIME (Diversion into Music Education) youth intervention program that originated in South Africa in 2001. DIME offers instruction in African marimba and djembe bands to juvenile offenders. Conceived ... -
The South African Legal Practice Act: the requirement for University law clinics to have trust accounts: oversight or deliberate barrier?
(Faculty of Law University of the Western Cape, 2016)The Legal Practice Act (LPA) appears to have far-reaching implications for legal practitioners at university law clinics. This article will, however, focus only on the compulsory requirement that attorneys at university ... -
South African National Defence Force (SANDF) drops charges against hijab-wearing officer: Case in point South Africa
(Academy of Islamic Studies, University of Malaya, 2021)Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and ... -
The South African redistribution imperative: Incongruities in theory and practice
(Cambridge University Press, 2021)It has partly been assumed that the constitutional obligation to pay compensation for expropriations is to blame for the slow pace at which land has been redistributed in South Africa. However, this assumption requires ... -
Sovereignty without sovereignty: Derrida’s Declarations of Independence
(Springer, 2008)This article questions the common assumptions in legal theory regarding Derrida’s well-known Declarations of Independence. Through a close reading of this text, well-known ground such as the relation between speech and ... -
Special interest councillors in Zimbabwe: a review of law and practice in terms of the 2013 Constitution
(University of the Western Cape, 2013)Local governance in Zimbabwe has a chequered history. Despite high hopes for democratic local governance on the attainment of political independence in 1980, it has often defied democratic practice and is yet to bring ... -
Specialised anti-corruption courts: A means of promoting sustainable transformation in Africa?
(University of Western Cape, 2019)Corruption is inimical to Africa’s quest for socio-economic transformation. Available empirical evidence highlights a sustained increase of corruption globally, with an equal emphasis on interdisciplinary interventions. ... -
Spectres of Coke: Judicial supervision as a revolutionary inheritance
(Springer Verlag, 2007)Sir Edward Coke is known for having played a central role in establishing the power of the common law courts to exercise a supervisory jurisdiction over the executive/administration. Coke is usually praised in the literature ... -
Spent convictions in Mauritius: Analysing the Police and Criminal Evidence Bill, 2013
(Juta Law, 2015)For many years courts in Mauritius have considered a conviction that was at least 10 years old to be spent for the purpose of sentencing. However, in 2002 the Mauritian Supreme Court held that there was no concept of ... -
Staircase or safety net? Examining the meaning and functioning of RDP house ownership among beneficiaries: A case study of Klapmuts
(University of the Western Cape, 2020)Recognising the apartheid legacy of inaccess to housing and property for the majority of black South Africans, the Constitution entrenches rights of access to housing and property. Since 1994, one of the main ways the ... -
State obligations in international law related to the right to an adequate standard of living for persons with disabilities
(University of the Western Cape, 2017)The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and ... -
States' obligations in relation to access to medicines: revisiting Kenyan High Court decision in P.A.O and others v Attorney-General and another
(Faculty of Law, University of the Western Cape, 2013)Recently a Kenyan High Court in P.A.O and others v Attorney General and another (hereinafter P.A.O) handed down a judgment in relation to sections 2, 32, and 34 of the Anti-Counterfeit Act vis-à-vis Kenya's obligations ... -
Statutory collective bargaining: a duty of fair representation?
(Juta Law, 1993)Introduction:An issue that has received little attention in our law is the nature of a union's duty vis-à-vis its membership in the course of collective bargaining and the consequences of breach of such duty. This is, in ... -
Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction
(Health and Medical Publishing Group (HMPG), 2017)Individuals are increasingly having recourse to assisted or artificial reproduction in order to realise their desire for offspring. This field is currently regulated by the National Health Act No. 61 of 2003 (NHA, or the ... -
Strengthening democracy through investigating, prosecuting and punishing corruption in Mauritius
(The Human Rights and Peace Center (HURIPEC), 2015)There is a close relationship between democracy and corruption. Corruption has a negative effect on the functioning of political and democratic institutions. It affects the delivery of services such as education ... -
Strengthening financial integrity in Nigeria: the national identification harmonization project
(Emerald Publishing Limited, 2022)Purpose – Nigeria needs to improve its national identification coverage to support improved anti-money laundering and combating of financing of terrorism and proliferation (AML/CFT) measures. This study aims to examine its ... -
Sub-regional organisations and the responsibility to protect: A case for the localisation and normative repatriation of sub-regional authority for coercive measures
(Scielo South Africa, 2021)The adoption of the responsibility to protect by the United Nations General Assembly marked a key milestone in the advancement of human security and the international protection of human rights. The textual adoption by the ...