Search
Now showing items 21-30 of 61
An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?
(Law Faculty, University of the Western Cape, 2004)
Introduction: In Muslim personal law, the husband on pronouncing a divorce has a number of legal obligations towards his wife including maintenance and payment of outstanding dower. While there is no dispute among Muslim ...
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)
When the death penalty was declared unconstitutional in South Africa,
the government enacted the Criminal Law Amendment Act in 1997 which,
amongst other things, stipulated that a person convicted of some of the
scheduled ...
2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
(Brill Academic Publishers, 2008)
South Africa commenced transition to a constitutional democracy with the adoption
of an interim constitution in 1994, followed by national elections based, for
the fi rst time, on universal adult suffrage. A justiciable ...
Correcting the historical asymmetry between rights: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(Pretoria University Law Press (PULP), 2009)
On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims ...
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 ...
The African Commission on Human and Peoples' Rights and the promotion and protection of refugees' rights
(Pretoria University Law Press (PULP), 2009)
African countries have been host to and have produced refugees for decades. These refugees have fled their countries for various reasons, including political and religious reasons. Many African countries are party to the ...
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 ...
Why the Supreme Court of Uganda should reject the Constitutional Court's understanding of imprisonment for life
(Pretoria University Law Press (PULP), 2008)
The issue of life imprisonment is always a contentious one. Some people
argue that life imprisonment should mean what it means, namely 'wholelife'.
In Uganda, life imprisonment continues to mean imprisonment of 20
years. ...
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)
Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ...
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 ...