Browsing Faculty of Law by Title
Now showing items 729-748 of 907
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Sentencing primary caregivers of young children
(Juta Law, 2011)Traditionally a judicial officer was not required to consider the effects of the imposed sentence on the children of the offender, even if the offender was a primary caregiver of young children. The Court in S v M (Centre ... -
Serbia the case of 'missing babies' in Serbia before the European court of human rights
(Cambridge Core, 2019)In the case of Zorica Jovanovic v. Serbia, initiated before the European Court of Human Rights (ECtHR) in April 2008, the applicant complained of the continuing failure of the Serbian authorities to provide her with any ... -
Service delivery protests, struggle for rights and the failure of local democracy in South Africa and Uganda: parallels and divergences
(Centre for Applied Legal Studies, Wits University, 2013)Although the two countries are thousands of miles apart, Uganda and South Africa have both experienced service delivery protests in recent years. The protests have been directed mainly at local governments, although in ... -
Sexual violence in prisons – Part 1: The duty to provide safe custody and the nature of prison sex
(South African Journal of Criminal Justice, 2011)While the exact extent of sexual victimisation in prisons amongst men is uncertain, it is accepted that this is a universal phenomenon. This article, in two parts, examines sexual violence in South African prisons and ... -
Sexual violence in prisons – Part 2: The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) – its implications for male rape in prisons and the Department of Correctional Services
(South African Journal of Criminal Justice, 2011)The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007), referred to here as the Sexual Offences Act (SOA), established in law a gender-neutral definition of rape and this has important implications ... -
Seychellois courts and the protection of the right to equal protection of the law
(SAGE Publications, 2018)Unlike the constitutions of other African countries such as Uganda, South Africa, Kenya, Mauritius, Zimbabwe and Namibia which expressly provide for grounds on which a person may not be discriminated against, the Constitution ... -
The shadow of legal pluralism in matrimonial property division outside the courts in Southern Nigeria
(University of Pretoria, 2018)Scholarly interest in the co-existence of normative orders in African social fields tends to focus on conflicts arising from the interaction of customary law with state law. This article takes a different path by revealing ... -
Shari'a in South Africa
(Aboriginal Law Bulletin, 1995)Muslim Personal Law (MPL) is often practised to the detriment of Muslim women in many countries. The Qur'an is a religious text considered by Muslims to be the literal word of God. It is a primary source of Islamic law and ... -
Shifting consciousness and challenging power: Women activists and the provision of HIV/AIDS services
(University of the Western Cape, 2020)In 2003, the South African government shifted AIDS policy making HIV treatment available in the public healthcare sector. The antiretroviral roll out, while hailed as a success, has required continued activism to ensure ... -
'A short history of time' charting the contribution of social development service delivery to enhance child justice 1996-2006
(Journal of Social Work, 2007)The starting point of this article has been selected as 1996 for several reasons. That year was characterised by three signal events in the history of child justice in South Africa. First, 1996 heralded the adoption of the ... -
A short history of time: charting the contribution of social development service delivery to enhance child justice 1996-2006
(University of Stellenbosch, 2007)By charting the contribution of social development service delivery to enhance child justice in South Africa from 1996 to 2006, this article argues that the contribution of the social development sector to child justice ... -
Should all municipal managers get the boot
(Community Law Centre, University of the Western Cape, 2011)With the election of new councils on 18 May, many municipal managers are likely to lose their jobs. The same applies to the managers reporting to the municipal managers. -
Should South Africa Criminalise Ukuthwala Leading to Forced Marriages and Child Marriages?
(Academy of Science of South Africa, 2021)In 2014 the South African Law Reform Commission (SALRC) released a Discussion Paper on the practice of ukuthwala. The Discussion paper was revised and released again in 2015 to include public consultations and the ... -
Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa
(International Journal of Law, Policy and the Family, 2020)This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of ... -
Slums Act unconstitutional : case review
(ESR Review : Economic and Social Rights in South Africa, 2009)The Constitution Court handed down judgment in the Slums Act case on 14 October 2009. The case was a direct appeal against a judgment of the KwaZulu-Natal High Court, Durban, in which the latter refused to strike down the ... -
The small business sector: deregulation or collective bargaining?
(Juta Law, 1993)Introduction:'Abraham Adamson, owner of A&A Motor Spares in Athlone, Cape Town, was dealing with a client in June 1991 when the sheriff of the court walked in and seized 21 gearboxes and various other movable assets. His ... -
Small enterprises, Industrial Relations and the RDP
(Juta Law, 1995)Introduction: The small, medium and micro enterprise (SMME) sector spans an immense sweep of economic activity, from entirely non-regulated to entirely regulated businesses, 'from the survivalist activities of informal ... -
So sweet, so sour: a commentary on the Nigerian High Court's decision in Georgina Ahamefule v Imperial Hospital and Another relating to the rights of persons living with HIV
(Pretoria University Law Press (PULP), 2013)The purpose of this article is to assess the decision of the Nigerian High Court in the Ahamefule case. While the case would seem to be a victory for people living with HIV in the country, it left some important ... -
Social Citizenship: A Precondition for Meaningful Democracy
(Agenda: Empowering Women for Gender Equity, 1999)In 1959, the scholar, TH Marshall, analysed the historical development of those features that were vital to effective 'citizenship'. He viewed democratisation as a progression, spanning three centuries. Civil rights were ... -
Social protection : report of the UN Independent Expert on the question of human rights and extreme poverty
(ESR Review : Economic and Social Rights in South Africa, 2009)In August 2009, the United Nations (UN) Independent Expert on the question of human rights and extreme poverty, Magdalena Sepúlveda, presented a report to the UN General Assembly addressing the impact of the global financial ...