Browsing Faculty of Law by Title
Now showing items 353-372 of 387
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The anthropocene's global environmental constitutional moment
(Oxford University Press, 2014)Considering that the Earth is approximately an unfathomable five billion years old, scientists usefully divide this vast expanse of geological time into geochronological units of descending order of length termed 'eons,' ... -
The duty of the state to act fairly in litigation
(Juta, 2017)South African organs of state are obliged to act fairly, justly and honestly when litigating. These obligations are derived from the Constitution of the Republic of South Africa, 1996, which places positive constitutional ... -
The identity question versus appropriateness of legal anti-discrimination measures: endorsing the disability rights approach to albinism
(Pretoria University Law Press (PULP), 2017)The marginalisation of persons with albinism has for years gone unnoticed. Recently various platforms have been used to combat reported harmful practices against persons with albinism, particularly in Africa. While it is ... -
The influence of environmental rights on the balance of convenience in the granting of interim interdicts: a note on WJ Building & Civil Engineering Contractors CC v Umhlathuze Municipality and others
(University of KwaZulu-Natal, 2015)Public procurement entails the procurement, by organs of state, of goods and services from the private sector.1 Such procurement often has environmental implications. This is especially the case in infrastructure procurement ... -
The inter-relationship between administrative law and labour law: public sector employment perspectives from South Africa
(VerLoren Van Themaat Centre / UNISA Press, 2015)The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four ... -
The readiness of South African law and policy for the pursuit of Sustainable Development Goal 11
(University of the Western Cape, Faculty of Law, 2017)This article notionally questions the readiness of existing South African law and policy for the country's pursuit of “sustainable cities" as per Goal 11 of the Sustainable Development Goals (SDGs). The expectations created ... -
The requirements for adequate security in Lieu of an enrichment Lien
(Elsevier, 2016)Pheiffer v Van Wyk 2015 5 SA 464 (SCA) is a key decision in the South African enrichment law because it satisfactorily and authoritatively deals with the following problematic lien-related aspects: (a) whether a third party ... -
The Traditional Health Practitioners Act and its remedies: reflections after the operationalisation of the majority of the Act's provisions
(Juta, 2016)In 2005, the Traditional Health Practitioners Act 35 of 2004 was signed into law. This marked the first time in South Africa that there was legislation dedicated to the regulation of the traditional health sector. This ... -
The unforeseen humanitarian law implications of the NATO intervention in Libya
(Juta, 2015)Gaddhafi’s forty-two-year rule in Libya ended after uprisings against his government led to a civil war and eventually intervention by the international community. On 31 March 2011, the North Atlantic Treaty Organization ... -
The use of citizenship and nationality as instruments of control
(Juta, 2014)During the past few years the international spotlight has fallen sharply on the curtailment, withdrawal and total denial of citizenship and nationality by states. The renewed interest shown in theseissuesis, amongst others,a ... -
Theoretical (dis-) position and strategic leitmotivs in constitutional interpretation in South Africa
(2015)This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an ... -
Threats to security posed by ISIS in Syria: a human security approach
(Librello, 2017)The civil war in Syria coupled with the attacks by ISIS, has resulted in one of the largest humanitarian crises since World War II. Although international efforts have resulted in regaining control of important cities, ... -
Tracing the roots of forfeiture and the loss of property in English and American Law
(University of KwaZulu-Natal, 2017)Restriction of the freedom and rights of an owner to do with his property as he pleases is not a new phenomenon in legal jurisprudence, but restrictions are limited by legislative provisions and regulations. Interference ... -
The Traditional Health Practitioners Act 22 of 2007: A Perspective on some of the Statute's Strengths and Weaknesses
(AJOL, 2015)The Traditional Health Practitioners Act 22 of 2007 was enacted to regulate the traditional health sector in South Africa. With effect from 1 May 2014, a cluster of the Act’s sections became effective by promulgation in ... -
Transformasie en die universiteitswese = Transformation and the University Sector
(Suid-Afrikaanse Akademie vir Wetenskap en Kuns, 2016)"Transformation" is not defined in parliamentary legislation or the Constitution. Nevertheless, the policy documents of the Government and the ANC bestow immense importance on the notion, which bears significant ideological, ... -
The transformative potential of the constitutional environmental right overlooked in Grootboom
(NMMU, 2013)It is axiomatic that Grootboom (Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC) hereinafter "Grootboom") remains the hallmark of the Constitutional Court’s success in terms of its transformative ... -
“Transnasionale konteks” in die regspraak van die konstitusionele hof in Suid-Afrika: ’n variasie op die tema van grondwetsvertolking
(Litnet, 2013)Hierdie bydrae is 'n uitgebreide gevallestudie van hoe (en hoe doeltreffend) die konstitusionele hof in Suid-Afrika (hierna "die hof") toegang wat via die Grondwet tot 'n transnasionale konteks verleen word, in wets- en ... -
The universal jurisdiction of South African criminal courts and immunities of foreign state officials
(2015)Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary ... -
Unpacking the public trust doctrine: A journey into foreign territory
(Faculty of Law, North West University, 2010) -
Upholding international migration law in difficult political circumstances: the case of Syrian refugees under the EU-Turkey agreement
(Institute of Foreign and Comparative Law, 2016)Since the beginning of the conflict in Syria in March 2011, a huge number of refugees have risked and actually lost their lives in unseaworthy boats often operated by smugglers crossing the Aegean Sea in a desperate bid ...