Faculty of Law: Recent submissions
Now showing items 61-80 of 388
-
Water Security and the Right to Water in Southern Africa: An Overview
(2017-01-05)The Southern African region's water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing ... -
Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform
(2017-12-19)Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the ... -
Linking energy efficiency legislation and the agricultural sector in South Africa
(2017)There are different ways of measuring energy efficiency. Although there is no generally agreed definition of the concept, it should, however, always be approached according to particular circumstances and contexts. As such, ... -
The Public Protector as a Mechanism of Political Accountability: The Extent of its Contribution to the Realisation of the Right to Access Adequate Housing in South Africa
(2017)This paper is premised on the concept of political accountability which aims to hold accountable government for its action and or omission. Political accountability encompasses a number of mechanisms such as the judiciary ... -
Prosecuting the Offence of Misappropriation of Public Funds: An Insight into Cameroon's Special Criminal Court
(2017)The fight against the misappropriation of public funds for private gain perpetrated by individuals, especially public servants, enjoys different degrees of commitment by different countries. The enactment of laws and ... -
Werknemers as lasgewende ouers in surrogasie-aangeleenthede: die geboorte van nuwe verlof-behoeftes in Suid-Afrika
(2017)Commissioning parents, in terms of a surrogacy agreement, have the same parental obligations towards their child as traditional parents. Yet, despite the legitimising of surrogacy in the Children’s Act 38 of 2005, no ... -
Proposed changes to tax law in South Africa: interest-free loans as a tool in estate planning?
(The Social Sciences Research Society, 2016)Estate planning often involves the sale of an asset by an estate planner (the owner of the asset) to an inter vivos trust, as a related family trust. It also often happens that the buying trust does not have the necessary ... -
Selected aspects of the regulation of insider trading and market manipulation in the European Union and South Africa
(Brill, 2015)The increasingly global market has given rise to increased interaction and interdependence among national regulators as well as investors in different jurisdictions. However, this has brought several regulatory problems ... -
Engagement of prosecutors not in the employ of the National Prosecuting Authority
(University of the Free State, 2016)This article focuses on the engagement of prosecutors not in the employ of the National Prosecuting Authority (NPA) to prosecute certain cases. Such prosecutors are appointed in terms of section 38 of the National Prosecuting ... -
Political dynamics in Kenya's post-electoral violence: justice without peace or political compromise?
(Taylor & Francis, 2016)The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the ... -
Local integration as a durable solution for refugees in South Africa
(Danubius University, 2016)In this paper we have examined the local integration as a durable solution for refugees to alleviate the daily challenges they encounter. Local integration is an economic, socio-cultural and legal process. It facilitates ... -
Eviction in the rental housing sector in South Africa
(Nelson R Mandela - School Of Law, 2016) -
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 ... -
Are the rights of business employees preferred more than the rights of comestic employees?
(Nelson Mandela Metropolitan University, 2016)This case note examines, inter alia, the effect of a sequestration order on the debtor and relevant stakeholders such as creditors, shareholders and other interested parties (see s 20 read with s 9, 10, 11, 12, 17, 19, 21, ... -
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 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 ... -
A steep climb for an accused person: an examination of the courts' approach to application for further evidence
(Taylor & Francis, 2016)The law makes provision for further evidence to be adduced even after the completion of the trial. However, the courts only allow such further evidence in exceptional circumstances and have repeatedly stated that such power ... -
Classifying objects in space according to South African property law
(Nelson Mandela Metropolitan University, 2016)Traditionally, objects were classified according to their relation to man or according to their own nature. The classical division according to their relation to man relates to the question of whether something is susceptible ...
