Browsing Faculty of Law by Title
Now showing items 669-688 of 907
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Relocation decisions: do culture, language and religion matter in the rainbow nation?
(Centre for Family Law and Practice, London Metropolitan University, 2010)This article turns to culture, language and religion as constitutional constructs in South Africa, in an attempt to clarify their importance generally. The position prior to the Children’s Act is discussed. The article ... -
Remedying formal irregularities in wills: A comparative analysis of testamentary rescue in Canada and South Africa
(Routledge, 2020)This article examines the testamentary rescue provisions contained in the statutes governing wills in Manitoba, British Columbia and South Africa, as well as some of the jurisprudence on the interpretation and application ... -
Report on the evaluation of the Independent prison visitors (IPV) system
(Civil Society Prison Reform Initiative, 2004-05)This report on the IPV system forms part of a larger study into civilian oversight of the correctional system. Saras Jagwanth has completed an evaluation of the Office of the Inspecting Judge, which should be read in ... -
Research report on remand detention in South Africa: an overview of the current law and proposals for reform
(Civil Society Prison Reform Initiative, 2011)The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international ... -
Resolving presidential term limits in transitional justice processes: revisiting the 2015 Burundi crisis
(University of the Western Cape, 2022)The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one ... -
Resource rents, savings behavior, and scenarios of economic development
(Elsevier Ltd, 2023)The paper revisits the nexus between natural resources and economic growth from the lens of development economics. It augments the traditional dual-sector economy model by the assumption that in addition to capitalists, ... -
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 ... -
Restoring the ‘historical deficit’: The exercise of the right to freedom of religion and culture in democratic South Africa
(Taylor & Francis, 2013)On 18 January 1960, LIFE magazine began a series of articles on democracy around the world. The newly independent nation of Ghana (1957) was featured in Part 1 and the cover photograph was of Augustus Molade Akiwumi, the ... -
Rethinking power and law: Foucault’s Society must be Defended
(Springer, 2011)Michel Foucault provides a radical challenge to the liberal approach to power and law, which is echoed by Jacques Derrida. Important differences exist between the analyses of Foucault and Derrida which should not be ... -
Rethinking the notion of a 'higher law': Heidegger and Derrida on the Anaximander fragment
(Springer, 2009)The Anaximander fragment, in the readings of both Heidegger and Derrida, speaks of that which exceeds positive law. In this article, the author provides a detailed reading of Heidegger’s Der Spruch des Anaximander, showing ... -
Rethinking the right to water in rural Limpopo
(Pretoria University Law Press, 2020)For decades Africa has been losing billions of dollars every year as a result of illicit financial flows. When export and import figures are tampered with this has the tendency to erode the tax base. It is common cause ... -
A Review of the Judicial Inspectorate of Prisons of South
(Law, Democracy & Development, 2005)Independent prison inspectorates and the oversight of prisons by laymen are designed to contribute to improving prison conditions and protecting the human rights of prisoners. The South African model, the Judicial Inspectorate ... -
Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction
(CEDRED Publications, 2021)Various steps have been taken in both East and Southern Africa to combat the vice of moneylaundering. Notable steps are evident in Kenya as the business hub for East Africa. The era ofglobalisation has without a doubt led ... -
Revisiting Plato’s Pharmacy
(Springer, 2010)In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number ... -
Revisiting the normative framework of the African Commission on Human and Peoples’ Rights in the context of evidence obtained through human rights violations: Has it served its purpose?
(2018)This article examines the normative context of the African Commission on Human and Peoples’ Rights in dealing with evidence obtained through human rights violations, and whether it serves its purpose. It unpacks the concept ... -
Revisiting the Trips Regime: Rwanda-Canadian ARV Drug Deal Tests the WTO General Council Decision
(African Journal of International and Comparative Law, 2009)On 17 July 2007, the world was awakened to Rwanda's notification of the World Trade Organisation's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir ... -
The right of access to sufficient water
(ESR Review : Economic and Social Rights in South Africa, 2007)This article analyses the report of the South African Human Rights Commission (the Commission) on the realisation of the right of access to sufficient water in South Africa presented in chapter eight of its Sixth economic ... -
The right of prisoners to vote in Africa: An update
(Africa Criminal Justice Reform, 2019)Broadly speaking, universal suffrage refers to the rights conferred on adult citizens of a country to vote, however, there are always restrictions to a greater or lesser degree on who can vote in every democratic political ... -
The right to a fair trial and being hearing impaired
(Dullah Omar Institute, 2018)The Cape High Court recently (27 August 2018) overturned on appeal the conviction and sentence of a 62-year old man convicted in the Wynberg Regional Court of murder because the trial court failed to protect his right to ... -
A right to a fair trial in Uganda’s Judicature (Visual Audio Link) Rules: Embracing the challenges in the era of Covid-19
(Taylor and Francis, 2020)The application of the Uganda Judicature (Visual-Audio Link) Rules does not contextualise the complete protection of an accused’s right to a fair trial during emergencies. A contextualisation of the right to a fair trial ...