Browsing Research Articles (Faculty of Law) by Title
Now showing items 258-277 of 426
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Palliative care for terminally ill inmates: Does the state have a legal obligation?
(Juta Law, 2012)‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right ... -
Parliamentary oversight of extractive industries
(University of the Western Cape, 2018)Africa has experienced a boom in extractive industries since the beginning of this century. Extractive companies often are exposed not just to government patronage, but also to requests to consider local third-party ... -
Part two: Debunking prevailing scholarly views pertaining to the apostasy of alleged descendants of Shaykh Yusuf of Makassar
(UIN Sunan Kalijaga, 2020)This paper is the second part of the two articles that discuss the controversy over the conversion of religion in the family of Shaykh Yusuf of Makassar after being exiled in South Africa during the Dutch colonial period ... -
Pashukanis on crime and punishment
(University of Pretoria, 2013)Evgeny Pashukanis deservedly is famous as the author of the so-called commodity form theory of law. In his Law and Marxism he postulated that the form of legal relations held the key to the Marxist critique of law and ... -
Peacebuilding and the Interface of State Law and Indigenous Market Laws in Southern Nigeria
(2020)How the interface of state law and indigenous market laws contributes to peacebuilding in Nigeria is an unexplored question that demands attention. First, law, human security and peace are interrelated through the cultural ... -
Pecunia non olet: dirty money as legal fees
(Bellville: University of the Western Cape, 2017)It is axiomatic that lawyers have to be paid for their services. Regrettably, lawyers who represent money launderers may be offered dirty money, that is, proceeds of crime as fee payments by their clients. This essay ... -
Perfecting a general notarial bond: you can't have your cake and eat it! ABSA bank limited v go on supermarket (Pty) limited (the spar group limited intervening) (9442/2022) [2022] zagpjhc 173 (24 March 2022)
(Potchefstroom Electronic Law Journal (PELJ), 2023)A general notarial bond registered over movable property grants the bondholder a real security right enforceable against third parties only if the bond has been perfected by transferring possession of the property to the ... -
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment
(University of the Western Cape, 2004)This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and, in particular, the responsibility of local government. Local authorities are ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Taylor & Francis, 2020)This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an ... -
Philosophical racism and ubuntu: In dialogue with Mogobe Ramose
(Routledge, 2020)This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an ... -
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc - A case of cyber laundering through an attorney's trust account
(University of the Western Cape, Faculty of Law, 2013)Money launderers are always exploring new channels to clean their ill-gotten gains. The attorney’s trust account is especially attractive to persons, or organisations, that seek to launder money. As a result, the Financial ... -
A plea of double jeopardy by accused employers: are there limits?
(Nelson Mandela University, 2021)The rule against double jeopardyentails that, generally, apersoncannot be charged more than oncefor the same, or substantially the same, offenceor misconduct in respect of whichhe or she has been convicted or ... -
Policies to prevent corruption in Nigeria: Enforcement of the right to education
(University of Western Cape, 2019)This paper investigates how well Nigeria conforms to international best practices on the right to education. The quality of education that is available to Nigerians is affected by inadequate budgetary allocation, which ... -
Policy and practice in South African prisons: an update
(University of the Western Cape, 2005)Julia Sloth-Nielsen points to challenges in the correctional system that South Africa's new constitutional democracy was faced with, including the deep-rooted militaristic tradition that needed to be replaced and the ... -
The political and cultural inclusion of intra-state ethnic minorities in Ethiopia: The case of the Qimant of Amhara state
(Studies in Ethnicity and Nationalism, 2023)Conflicts between the Qimant community – an intrastate minority ethnic group endogenous to Amhara state in the Ethiopian federation – and the state’s special police forces have caused hundreds of deaths and the internal ... -
The political-administrative interface in South African municipalities assessing the quality of local democracies
(UTS Centre for Local Government, 2010)South African municipalities experience serious challenges in dealing with the interface between politicians and officials. Inappropriate political interference in administrative matters as well as strained relations ... -
Polygynous Muslim marriages in South Africa: their potential impact on the incidence of HIV/AIDS
(North-West University, 2009)Introduction: Polygyny is generally deemed to be incompatible with Western norms of monogamy and equality, and, therefore, discriminatory to women. This article does not debate the merits and demerits of this view, but ... -
Pornography is going on-line: the harm principle in Dutch law
(Faculty of Law, UWC, 2013)The pornography of 19th century Victorian society, Steven Marcus observes in The Other Victorians, gave expression to a fantasy that exactly mirrored the public ideal image of chastity in reverse reflection. As exemplary ... -
Post Arab uprising – where are the voices of women in Tunisia in 2020?
(International Journal of Arts Humanities and Social Sciences, 2020)The state is committed to the protection of acquired rights for women and works to support and develop them. The state shall endeavour to achieve the principle of party between men and women in elected councils . The state ... -
The potential of the Expert Committee of the African Children’s Charter in advancing adolescent sexual health and rights in Africa
(Institute of Foreign and Comparative Law, 2013)This paper examines the role of the African Committee of Experts on the Rights and Welfare of the Child (ACE) in advancing the sexual and reproductive rights of adolescent girls in Africa. The paper focuses on the ...