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Now showing items 71-80 of 89
What gender legislative reforms have meant for women in South Africa
(2021)
South Africa is a much better place to live in today than before 1994. Having witnessed a largely peaceful transition from a pariah apartheid State to a democratic State where equality is guaranteed before the law, the ...
The symbiosis between the criminalisation of sex work and corrupt policing in sex work in South Africa
(University of Western Cape, 2021)
Despite existing studies that prove the prevalence of corrupt policing of sex work in South Africa, corruption continues to be a common feature of sex workers’ experiences with police officers. In this article, it is argued ...
When is a donor a daddy? Informal agreements with known sperm donors: Lessons from abroad
(Nelson Mandela University, 2021)
Individuals are increasingly entering into informal agreements with known sperm donors in order to either circumvent the costs involved in using fertility centres or owing to personal beliefs and preferences. When they do ...
A plea of double jeopardy by accused employers: are there limits?
(Nelson Mandela University, 2021)
The rule against double jeopardyentails that, generally, apersoncannot be charged more than oncefor the same, or substantially the same, offenceor misconduct in respect of whichhe or she has been convicted or ...
‘Citizenship by naturalisation: Are Regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1985 invalid?’
(Juta, 2021)
This article argues that regulation 3(2)(b), read with regulation 3(2)(c), issued pursuant to section 23(f) of the South African Citizenship Act 88 of 1995 (“1995 Act”), is invalid and ought to be set aside on judicial ...
An analysis of the right of a muslin child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession: A South African case study
(ASSAf, 2021)
This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South ...
An analysis of the right of a Muslim spouse to claim pension interest subsequent to divorce: A South African case study
(University of Zurich, 2021)
Section 37D(1)(d)(i) of the Pension Fund Act 24 of 1956 enables a divorced spouse to claim pension interest from
the pension fund organisation of his or her former wife or husband if certain requirements are met. This ...
Confronting apartheid. A personal history of South Africa, Namibia and Palestine, John Dugard
(Juta, 2021)
John Dugard is a household name in the law of South Africa. Perhaps even before that, but certainly since his inaugural lecture was published fully 50 years ago (see 'The judicial process, positivism and civil liberty' ...
Carpe Pecuniam: Criminal forfeiture of tainted legal fees
(Pretoria University Law Press, 2020)
A person charged with money laundering has a right to legal
representation and a lawyer is entitled to defend such person. What if the
lawyer is paid with dirty money? This paper explores the legal status of
tainted ...
Second chamber as a site of legislative intergovernmental relations: An African federation in comparative perspective
(Routledge, 2021)
South Africa, a country that does not recognize itself as a federation, has
established a second chamber that is probably ideal for legislative
intergovernmental relations. The National Council of Provinces is ...