Browsing Research Articles (Faculty of Law) by Title
Now showing items 385-404 of 432
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A tale of two federations: Comparing language rights in South Africa and Ethiopia
(Pretoria University Law Press (PULP), 2009)The success of a federal arrangement in accommodating ethnic diversity cannot be measured solely on the basis of its language rights regime. However, it is generally agreed that a well-designed language rights regime goes ... -
“Talk to my father”: re-thinking social exclusion and access to justice in the context of bridewealth negotiation
(University of the Western Cape, 2021)Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice their opinion freeiy and fuiiy in matters affecting their iives. It often manifests as unequai respect for, and protection ... -
Tanzania’s post-independence anti-corruption efforts: Examining the prevention and combatting of corruption bureau’s (pccb) role during Magufuli’s regime
(University of Western Cape, 2020)During the five years of John Magufuli’s presidency, Tanzania’s anti-corruption efforts yielded significant improvements. This improved performance was associated mainly with the President’s personal anti-corruption ... -
Tanzania’s post-independence anti-corruption efforts: Examining the prevention and combatting of corruption bureau’s (pccb) role during Magufuli’s regime
(University of the Western Cape, 2020)During the five years of John Magufuli’s presidency, Tanzania’s anti-corruption efforts yielded significant improvements. This improved performance was associated mainly with the President’s personal anti-corruption stance. ... -
Tax collapse and the post-covid economy
(Sabinet, 2020)The serious economic impact of the lockdown policy response to the Covid-19 pandemic has, understandably, generated substantial policy debate in the media and academia. Conspicuously absent from most of these ... -
Ten years of the South African prevention of organised crime act (1999–2009)
(Open Society Foundation for South Africa, 2010)Organised crime2 is one of the main challenges that governments and intergovernmental organisations3 are grappling with. Its history, consequences and different forms in South Africa are well documented4 and fall outside ... -
Testamentary rescue: an analysis of the intention requirement in Australia and South Africa
(LexisNexis Australia, 2014)This article provides a legal-comparative perspective on the rescue of formally irregular wills through the exercise of judicial dispensing powers in Australia and the comparable exercise of a judicial condonation power ... -
The thin edge of the wedge: ukuthwala, alienation and consent
(Taylor & Francis, 2017)Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ... -
Thinking Out of the Box: Fair Work for Platform Workers
(Routledge, 2020)The burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much legal effort has been ... -
The threat of trade-based money laundering To the African continental free trade area
(University of the Western Cape, 2018)Africa has dedicated considerable effort to establishing a Continental Free Trade Area to facilitate intra-African trade and deepen economic integration. However, the liberalisation and facilitation of trade on the ... -
Too little? Too late? The implications of the Grootboom case for state responses to child-headed households
(University of the Western Cape, 2003)The article begins with an overview of the socio-economic context surrounding child-headed households and then discusses the constitutional obligations that rest on the state vis-a-vis children growing up in these settings. ... -
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 ...