Researchers in Law
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Justice delayed but not denied: The prosecution of Thomas Kwoyelo for international crimes in Uganda
(North-West Unversity, 2023)This article investigates the challenges of the application of international law in a domestic setting as depicted in the ongoing trial of Thomas Kwoyelo. Kwoyelo, a former child soldier and commander in the Lord's Resistance ... -
An Analysis of the Islamic Law Based Developments in the South African Law of Succession
(2020)South Africa is a secular state with a constitution that guarantees the right to freedom of religion and the right not be discriminated against on religious basis. Over three quarter of a million Muslims live in South ... -
Application of the Islamic Law of Succession in South Africa
(Researchgate, 2020-10)Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required ... -
Comparing the application of the islamic law of succession and administration of estates in Singapore and South Africa
(Researchgate, 2020-04)This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator ... -
Private prosecutions in Zanzibar
(Makerere University, 2017)In this article, the author deals with the question of private prosecutions in Zanzibar. The following issues are discussed: locus standi to institute a private prosecution; appeals in cases of private prosecution; the ... -
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 ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, 2017)The general rule in South Africa is that, when an offence is committed, the suspect has to be prosecuted by a public prosecutor. However, there is an exception whereby a victim of crime is permitted to institute a private ... -
Prisoner transfer to South Africa: Some of the likely challenges ahead
(North-West University, 2013)For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an ... -
The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the ... -
Cave pecuniam: Lawyers as launderers
(North-West University, 2012)In South Africa there is something almost sacrosanct about an attorney's trust account. It is the prescribed destination of all funds paid in trust by a client to an attorney. Clients tend to have complete confidence in ... -
Restorative justice as postmodern justice: exegesis and critique
(University of the Western Cape, 2016)This essay explores the relationship between postmodernism and RJ. Postmodernism quickly outgrew its non-legal origins and has extended its reach to incorporate matters legal. Already, it has established a significant presence ... -
Making sense of the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions
(Pretoria University Law Press (PULP), 2011)In October 2010, the Rwandan Law Relating to Serving Life Imprisonment with Special Provisions came into force. As the name suggests, the law is applicable to offenders sentenced to life imprisonment with special provisions. ... -
The rule of law: Approaches of the African Commission on Human and Peoples' Rights and selected African states
(Pretoria University Law Press (PULP), 2012)The African Commission on Human and Peoples' Rights is empowered to promote and protect human rights in Africa. Although the African Charter on Human and Peoples' Rights does not expressly use the phrase 'rule of law', the ... -
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 ... -
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 ... -
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. ... -
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 ... -
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ... -
Private prosecutions and discrimination against juristic persons in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another
(Pretoria University Law Press (PULP), 2015)Unlike countries such as the United Kingdom, Kenya, Zimbabwe and Australia, in South Africa companies and associations are not permitted to institute private prosecutions although natural persons have a right to institute ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, In press)In South Africa, the general rule is that when an offence is committed, the suspect has to be prosecuted by a public prosecutor. This is on the basis of the Constitution (section 179) and the National Prosecuting Authority ...
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