Browsing Book and Book Chapters (Faculty of Law) by Issue Date
Now showing items 1-20 of 58
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Enterprise responsibility for sexual harassment in the workplace: comparing Dutch and South African law
(Kluwer Law International, 2008)Introduction: Sexual harassment in the workplace is generally deplored, destructive of working relationships and unlawful. Despite this it is widespread and possibly on the increase. In Spain, according to a 2006 survey, ... -
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 ... -
The Gift and the meaning-giving subject: A Reading of Given Time
(Springer, 2010)In this essay the relation between justice and the gift in Derrida’s thinking is explored. The essay shows that an understanding of the ontological difference or the relation between Being and beings in Heidegger’s thinking ... -
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 ... -
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 ... -
Modern African childhoods: does Law matter?
(Oxford University Press, 2012)INTRODUCTION: This paper poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law ... -
The future of African customary law
(Elsevier, 2012)It s intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa…[It] considers the characteristics of customary law and efforts to ascertain and codify ... -
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 ... -
Imperfect transition – local government reform in South Africa 1994-2012
(SUN Press, 2012)Local government is a mirror of the larger political and economic forces, cleavages and problems that are shaping South African society. It is these deeper fault lines in society, rather than the Zuma government’s ... -
The ghostly dance of Zarathustra
(2013)Reading of C.W. Maris’s Nietzsche-Niëzky-Nijinsky: De Dans van Zarathustra (2004) and De Dans van Zarathustra: Nietzsche en de vrolijke rechtswetenschap (2006). -
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 ... -
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 ... -
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 ... -
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 -
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 ...
