Browsing Book and Book Chapters (Faculty of Law) by Title
Now showing items 47-66 of 70
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An overview of post-divorce support for muslim children in the context of South African Law, Islamic Law and the proposed 2010 Muslim Marriages Bill
(International Assossiation of IT Laywers, 2012)After 350 years of non-recognition, and following a protracted procedure, Muslim religious marriages and divorces are currently in the process of being directly and formally recognised in terms of South African law. A ... -
Parental Care and the Best Interest of the Child in Muslim Countries
(T.M.C. Asser Press The Hague, 2017)This chapter on South Africa critically analyses the evolution of the concept of the best interests of the child, and specifically how it pertains to the fields of care (custody), contact (access), guardianship and ... -
A preliminary appraisal of the normative gains for children’s rights in the Angolan Children’s Act (act 25/12 of 22 August 2012)
(Jordan Publishers, UK, 2013)The United Nations Convention on the Rights of the Child (UNCRC) represents the most significant step towards the advancement of children’s rights globally. Article 4 of the UNCRC requires states to take concrete measures ... -
The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act
(Juta Law, 2009)Introduction: This chapter sets out to examine the concept of “unfair discrimination” in the employment context as it has evolved over the past three decades. It will note the efforts made by the courts to clarify it and ... -
Protecting orphans and vulnerable children in Lesotho: an assessment of the Children’s Protection and Welfare Act, 2011
(Jordan Publishers, UK, 2014)INTRODUCTION: This chapter reviews specific aspects of the Children’s Protection and Welfare Act 2011 of Lesotho, insofar as they pertain to the situation of orphans and vulnerable children. The chapter commences with a ... -
Providing for the unwanted in a time of crisis: The socio-economic rights of migrant workers in South Africa under covid- 19 pandemic
(Juta, 2020)Migrants are amongst the most vulnerable groups in South Africa. They are often subjected to harsh forms of discrimination and excluded from government policy considerations. They have not fared differently under the ... -
Real or imagined local autonomy: Experiences from local government in Ethiopia, South Africa and Zimbabwe
(Koninklijke Brill NV, 2021)Centralized rule has been common in Africa, and almost all African countries implemented, constitutionally or otherwise, programs of centralization from the time they achieved independence from colonial rule. They did ... -
The reconciliation of transnational economic, social and cultural human rights via the common interest
(VerLoren Van Themaat Centre, 2012)In general, human rights obligations are restricted to states' actions within their own territory in relation to their own citizens and residents. However, article 55(c) of the Charter of the United Nations refers to the ... -
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 ... -
The role of national human rights institutions in enhancing the impact of children's rights in Africa
(Pretoria University Law Press, 2020)This chapter contextualises the role played by National Human Rights Institutions (NHRIs) and their functional equivalents (such as ombudsmen) in the reporting process on children’s rights. As Ineke Boerifijn notes, NHRIs ... -
The role that lay Muslim judges play in state courts and religious tribunals in South Africa: A historical, contemporary and gender perspective
(Kluwer, 2002)Taking the example of a religious adjudicative body for Muslims in the Western Cape in South Africa, this article analyses the symbiotic working relationship between state courts and non-state dispute settlement bodies, ... -
The rule of law and compliance: Legal quadrant and conceptual clustering
(Springer, Cham, 2021)We present in this paper: (i) a regulatory quadrant to describe the rule of law; (ii) a cluster of concepts to describe instruments and processes of the law; (iii) the methodology followed to select the technical papers ... -
Section 54: Obligation to report commission of sexual offences against children or persons who are mentally disabled
(Juta Law, 2011)INTRODUCTION: The duty to report the knowledge of the commission of sexual offences against certain vulnerable victims is newly provided for in this section of the Criminal Law (sexual Offences and Related Matters) Amendment ... -
South Africa
(University of Toronto Press, 2019)South Africa is facing a major public safety crisis threatening its constitutional democracy. Personal violent crime (murder, rape and robbery) remains among the highest in the world; conuption in the public service is ... -
South Africa: Homosexual Muslims in South Africa: Some legal implications, including constitutional, marriage and succession’
(Intersentia, 2022)This chapter focuses on the succession rights and testamentary freedom of male (gay) and female (lesbian) homosexuals in Islam and in South Africa. It highlights that, although the practice of male homosexuality and same-sex ... -
South Africa: Indian Law
(Oxford University Press, 2009)The South African legal system comprises common law (Roman-Dutch and English law developed through case law) legislation and (mainly African) customary law with elements of Muslim, Hindu, Jewish and Zoroastrian (Parsi) ... -
South Africa: Surfing towards centralisation on the Covid-19 wave
(Routledge, 2021)When the Covid-19 pandemic reached its shores between February and March 2020, South Africa was already in a vulnerable situation – socially, economically, and politically. Although the country’s population, estimated ... -
Southern African perspectives on banning corporal punishment – a comparison of Namibia, Botswana, South Africa and Zimbabwe
(Brill Nijhoff, 2019)This chapter reviews recent judicial and legislative developments concerning steps towards – and against – the abolition of corporal punishment in four closely connected southern African jurisdictions: South Africa, ... -
State formation after civil war: Local government in national peace transitions
(Taylor & Francis group, 2016)State formation after civil war offers a new model for studying the formation of the state in a national peace transition as an integrated national phenomenon. Current models of peacebuilding and state building limit that ... -
Subnational constitutionalism in Ethiopia : Constitutional déjà vu
(Routledge, 2021)This chapter provides a concise account of the nature, scope and relevance of state constitutions in Ethiopia. The major armed forces that challenged state policy were the Eritrean liberation fronts that launched armed ...