Browsing Book and Book Chapters (Faculty of Law) by Issue Date
Now showing items 21-40 of 70
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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 ... -
Bank secrecy: Implementing the relevant provisions of the United Nations Convention against corruption in South Africa
(University of the Western Cape, 2016)For many decades South African law has recognised a bank's duty to keep its client's information confidential. This is popularly known as bank secrecy. However, this duty is not absolute. National and international law ... -
Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez
(University of the Western Cape, 2016)Essays in honour of Lovell Derek Fernandez, Lawyer, Linguist, Mensch -
Islamic mode of estate distribution in South Africa
(Jordan Publishing LexisNexis, 2016)It has been argued by some academics that the Islamic law of intestate succession discriminates against females due to its unequal distribution of shares in favour of males.' The general example used in this regard is when ... -
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 ... -
The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa
(Intersentia, 2018)South Africa is a young constitutional democracy and developing country. Its main national laws protecting children, namely, the supreme Constitution 19961 and the comprehensive Children's Act 20052 based on its provisions, ... -
The withering away of politically salient territorial cleavages in South Africa and the emergence of watermark ethnic Federalism
(Oxford University Press, 2019)The policy of apartheid was an attempt to territorialize the white/black racial cleavage through the creation of bantustans, confining black political aspirations to 13 percent of the country, while the remainder of the ... -
Towards a new juvenile justice system in Namibia
(Intersentia, 2019)Namibia ’ s moves towards developing a new juvenile justice system for children in conflict commenced a quarter of a century ago. A country which emerged from the ravages of apartheid colonisation and a bloody civil war ... -
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 ... -
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 ... -
Advancing sexual and reproductive health and rights of adolescents in Africa: The role of the courts
(Springer, 2019)Across the world, adolescents encounter various challenges that may implicate the enjoyment of their sexual and reproductive health and rights. The situation of adolescents in Africa is aggravated by high poverty levels ... -
Mobility and ethnic federalism in Ethiopia
(Addis Ababa UniversityAddis Ababa University - School of Law, 2019)Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also ... -
City regions in pursuit of SDG 11: Institutionalising multilevel cooperation in Gauteng, South Africa
(Routledge, 2019)Metropolitan areas are becoming more and more important in shaping the future of the planet. In 2017 there were 34 megacities worldwide, i.e. cities with a population of over 10 million. It is expected that this number ... -
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, ... -
From the Community Law Centre to the Dullah Omar Institute: The Path of Engaged Research
(UWC Press, 2020)Commencing its life as a research, advocacy and constitution-building entity in 1990, the Community Law Centre, later becoming the Dullah Omar Institute, has over the past 29 years played a significant role in the shaping ... -
Alleviating poverty through retirement reforms
(Pretoria University Law Press (PULP), 2020)Older persons in South Africa may be described as a sizeable but vulnerable group requiring specific protection. One of the ways in which the country can provide for the socio-economic needs of its older population is ... -
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 ... -
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 ... -
A European compass for transporting personal data on the new silk road
(Oxford University Press, 2020)In the new era of Open Science, the European Union strongly promotes that all sorts of data should be able to roam freely within the academic world (LERU 2018). A free flow of data enables researchers to not only check ... -
Exploring the link between poverty and human rights in Africa
(Pretoria University Law Press, 2020)Poverty remains one of the greatest challenges facing humanity in this century. Despite the fact that the world is blessed with natural and human resources, a significant number of people, particularly in developing countries, ...