Browsing Research Articles (Faculty of Law) by Title
Now showing items 395-414 of 431
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Towards a legal and regulatory framework for South African domestic remittances: Some considerations
(AHMR - African Human Mobility Review, 2021)This paper is an exploratory study that examines the legal and regulatory framework for domestic remittances within the South African legal context. The author makes some proposals for consideration in the review of the ... -
Towards equality for women with disabilities in South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities
(2021)The United Nations Convention on the Rights of Persons with Disabilities provides for various rights that must be prioritised by states parties which have signed and ratified it, with particular emphasis on the right to ... -
The transfer of enterprises and the protection of employment benefits in South and Southern Africa
(Faculty of Law, University of the Western Cape, 2004)Introduction:The era of globalisation has brought sweeping change to the workplace. Transfers, mergers, outsourcing and an erosion of employment security have been among the consequences. In a country with an inadequate social ... -
‘Transferring sentenced persons (offenders) to the United Kingdom: highlighting some of the human rights issues courts have had to deal with'
(Centre for International and Public Law, Brunel University London, 2014)As at 30 September 2013 13 per cent of the prison population in England and Wales were foreign national offenders. Convicted UK nationals are also serving prison sentences in foreign jurisdictions. The UK government has ... -
Transnational economic crime: The example of “gold laundering”
(University of the Western Cape, 2018)Allow me first to thank the organisers of this conference for affording me the honour of giving this opening speech. The issues which the conference is addressing indeed are closely interlinked. Corruption almost always ... -
The trial of civilians before courts martial in Uganda: Analysing the jurisprudence of Ugandan courts in the light of the drafting history of articles 129(1)(d) and 120(a) of the constitution
(Academy of Science of South Africa, 2022)Unlike in the constitutions of other African countries such as Botswana and Lesotho, where the relationship between the High Court and courts martial is stipulated, the Ugandan Constitution 1995 (the Constitution) does ... -
Trust deeds as ‘constitutive charters’ and the variation of trust provisions: a South African perspective
(Oxford University Press, 2013)In this article, I assess the constitutive status accorded to trust deeds in Potgieter v Potgieter and Pascoal v Wurdeman, two recent South African judgments on trust variation. In particular, I analyse judicial condemnation ... -
The Tunisian constitutional transition and debates: Islam, women and other actors in the wake of the post Jasmine revolution
(2020)The Arab uprising in Tunisia, dubbed the Jasmine Revolution began in 2010, protesting against unemployment, corruption, injustice and the absence of basic freedoms. The Jasmine Revolution ousted Ben Ali, the then president ... -
The Ugandan Customary Marriage (Registration) Act: a comment
(University of Florida, 2013)Different marriages in Uganda are govemed by different pieces of legislation. For example, church or civil marriages are govemed by the Marriage Act (1904),' which is in the process of being amended.^ Muslim marriages ... -
The Ugandan Transfer of Convicted Offenders Act, 2012: A commentary
(Pretoria University Law Press (PULP), 2012)Like many countries, Uganda is home to foreign nationals. The presence of foreign nationals in the prison of a country raises questions regarding their treatment. Countries are increasingly enacting legislation, ratifying ... -
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(Academy of Science of South Africa, 2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were ... -
'Unconscionable and irrational': SAPS human resource allocation. South African Crime
(Institute for Security Studies (ISS), 2015)The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel ... -
Understanding ‘emergency monetary relief’ in the Domestic Violence Act
(Law Society of South Africa, 2020)Domestic violence is a brutal onslaught against constitutional values and the fundamental right to freedom and security of the person. In S v Baloyi (Minister of Justice and Another Intervening) 2000 (2) SA 425 (CC), Sachs ... -
Unsustainable and unjust: Criminal justice policy and remand detention since 1994
(Institute for Security Studies (ISS), 2014)The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed ... -
Veiled intent or advancing children’s right to education? The legality of payments for extra lessons in Zimbabwe’s education system
(University of the Western Cape, 2022)Extra lessons in Zimbabwe were initially designed by the Ministry of Primary and Secondary Education to assist learners with lagging aspects of their formal school learning areas. However, in the past few years, extra ... -
Vergoedingsboetes in strafregtelike verrigtinge - ʼn vars perspektief
(Litnet Akademies, 2017)South African courts have to deal with the sentencing of convicted accused on a daily basis. While presiding officers are well-trained and experienced in sentencing matters, it seems that compensation orders are not generally ... -
The viability of lifestyle audits as an emerging anticorruption tool in the public sector: Concepts, essentials and prospects
(University of Western Cape, 2020)Lifestyle audits are viable tools in the fight against corruption. Unfortunately, they have not been sufficiently developed or adopted despite their effectiveness in combatting corruption. For long, countries have deployed ... -
Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court
(Brill Academic Publishers, 2017)The reality of child soldiers who join rebel forces once they reach adulthood pres¬ents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection ... -
Victim participation in the criminal justice system in the European Union through private prosecutions: Issues emerging from the jurisprudence of the European Court of Human Rights
(Brill Academic Publishers, 2016)Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen ... -
‘Voices’ of school dropouts about the use of illicit drugs on the Cape Flats, Western Cape
(Criminological and Victimological Society of Southern Africa (CRIMSA), 2017)The social concerns of communities on the Cape Flats in the Western Cape, are perpetuated by the lack of schooling and it contributes to higher unemployment figures. This article aims to provide a voice for school dropouts ...