Browsing Faculty of Law by Title
Now showing items 284-303 of 907
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Facilitating public participation: A niche role for the speaker?
(Community Law Centre, University of the Western Cape, 2007)Considerable attention has been drawn to local government’s ability to facilitate public participation and the role and effective administration of ward committees. Undoubtedly the most important aspect of the local ... -
Fact sheets on decentralisation in Africa
(UTS ePRESS, 2022)A growing number of African countries are considering or implementing reforms that include forms of decentralisation. At times, these reforms are underpinned by (recent) constitutional change, as in Mozambique (2018), ... -
Failing to discipline in SAPS - Fostering a culture of impunity
(Dullah Omar Institute, 2019)It is with unfortunate regularity that we read reports in the media about corrupt South African Police Service (SAPS) officials and officials implicated in other crimes, including human rights violations. Indicative of ... -
Failing to prosecute? Assessing the State of the National Prosecuting Authority of South Africa
(Institute for Security Studies, 2012)The National Prosecuting Authority (NPA) is pivotal not only in the criminal justice system, but also in the proper functioning of South Africa’s democracy. This monograph focuses on the independence, accountability and ... -
Fair Trial Rights and Their Relation to the Death Penalty in Africa
(International and Comparative Law Quarterly, 2006)A fair trial is a basic element of the notion of the rule of law, and the principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. At the centre of any legal system, therefore, ... -
Fair work in South Africa’s gig economy: A journey of engaged scholarship
(Elsevier, 2023)Because of its relatively well-developed, highly urbanised economy and high penetration of mobile internet access, the platform economy took off quickly in South Africa, with international players vying for market share and ... -
The fairwork foundation: Strategies for improving platform work
(Elsevier, 2020)s paper introduces the Fairwork Foundation, a research initiative that is also developing an interventionaroundthequalityofworkondigitallabourplatforms.Lackingtheabilitytocollectivelybargain,manyplatformworkershavelittle ... -
Faskh (divorce) and intestate succession in Islamic and South African law: impact of the watershed judgment in Hassam v Jacobs and the Muslim Marriages Bill
(Juta&Company, 2014)This article deals with intestate succession against the background of the complex Islamic legal aspects of faskh and talaq as forms of divorce. It elaborates on the divergent views held by Islamic scholars and explains ... -
Federal arrangements as a peacemaking device during South Africa's transition to democracy
(Publius: The Journal of Federalism, 2001-01-01)This article examines how federal arrangements were used during South Africa's transition to democracy to deal with the conflict posed by two important ethnic-based groupings: right-wing Afrikaners and Zulu nationalists. ... -
Federal homogeneity from the bottom up: Provincial shaping of national HIV/AIDS policy in South Africa
(Publius: The Journal of Federalism, 2003-01-01)The focus of uniform policy making in federal systems is usually on enforcing homogeneity on units within a federation, based often on the implicit premise that the center is "right," enlightened, or modern and that one ... -
Federalism under pressure: Federal ‘health’ factors and ‘co-morbidities’
(Routledge, 2021)The Covid-19 pandemic has been a ‘focusing event’ (Béland et al. 2020) for federalism like no other, placing it under the microscope and giving rise to the three questions set out in the introduction of this book. Each ... -
Federalism, territorial autonomy and the management of ethnic diversity in Africa: reading the balance sheet
(Centre International de Formation Européenne, 2012)The history of federalism in Africa is a history of ambivalence. In the run up to independence, federalism was an idea that galvanized several political movements that, following the retreat of colonial powers, emerged to ... -
Federation among unequals. A country study of constitutional asymmetry in Ethiopia
(Palgrave MacMillan, 2019)Although some level of political asymmetry is unavoidable in any federal arrangement, the problem of an Ethiopian federation affected by glaring political asymmetry remains unexplored. The aim of this chapter is to examine ... -
Female genital mutilation as a human rights issue: examining the effectiveness of the law against female genital mutilation in Tanzania
(Juta Law, 2013)In many African states, female genital mutilation (FGM) is a deeply-entrenched cultural practice. Tanzania is no exception. FGM persists despite the fact that the country has ratified a number of international and regional ... -
The fiduciary office of trustee and the protection of contingent trust beneficiaries
(Juta Law, 2007)This contribution focuses on two matters pertinent to the office of trustee. First, the fiduciary nature of the office of trustee is investigated, with particular reference to the essence of a trustee’s fiduciary duty. ... -
Finding the balance: Fairness and equity, disconnections, credit control and debt collection
(Local Government Bulletin, 2012-06)While service delivery is one of the most important functions of local government, the Municipal Systems Act and case law make it clear that the duty to collect revenue and service fees and equally important to ensure ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights : international development
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
Five suggestions to fix local government
(State of Local Governance Publication, 2018)The past few weeks have brought the troubled state of local government to the fore with renewed vigour. The Auditor-General’s (AG) consolidated report over the 2016/2017 financial year presented a very bleak picture of the ... -
The Flying Hadji
(Stellenbosch: Institute for Theological Interdisciplinary Research (EFSA) in cooperation with CCAWT Research, 2000)All things considered, becoming a Muslim theologian was high on my list of possible vocations at the end of high school. Unfortunately for me, this was not to be I was a Muslim woman with a dream at the wrong time. Instead, ...