Browsing Faculty of Law by Title
Now showing items 1-20 of 388
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A comparative analysis of the right to access to environmental information in South Africa and Uganda
(Taylor & Francis, 2017)Even though the Ugandan legal framework on the right to access to environmental information has been described as one of the best in East Africa, it raises some legal concerns that could conceivably result in the limitation ... -
A Comparative Synopsis of the Enforcement of Market Abuse Prohibition in Australia and South Africa
(Brill, 2016)In Australia, the market abuse prohibition is generally well accepted by the investing and non-investing public as well as by the government. This co-operative and co-ordinated approach on the part of all the relevant ... -
A Conspectus of the Functions of the Judiciary under the Zimbabwe Constitution 2013
(Edinburgh University Press, 2017)This article provides an overview analysis of the relevant provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013) that, inter alia, deals with the functions of the judiciary. To this ... -
A family home, five sisters and the rule of ultimogeniture: comparing notes on judicial approaches to customary law in South Africa and Botswana
(Juta, 2016)Given the striking commonalities between the legal systems of South Africa and Botswana, both in terms of its common and customary law, and considering the propensity of the Botswana courts to engage with South African ... -
A general legislative analysis of "torture" as a human rights violation in Zimbabwe
(2017)Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation ... -
A historical overview of the general implementation of the European Union Market Abuse Directive in the United Kingdom before Brexit and its future implications
(Sage, 2017)TThe European Union (EU) was arguably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its Member States. Put differently, ... -
A review of academic freedom in Africa through the Prism of the UNESCO's 1997 Recommendation
(CODESRIA, 2016)An assessment of the level of compliance of the UNESCO Recommendation in Europe, Australia, USA and other jurisdictions indicates that the document has been honoured more in its breach than in its observance. Having returned ... -
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 ... -
Aantekening : internasionale strafregtelike jurisdiksie vir die Afrika-hof : problematiese aspekte en die implikasies daarvan.
(Litnet Akademies, 2014)International criminal jurisdiction for the African court: Problematic aspects and the implications thereof This note identifies and describes a number of problematic aspects arising from the conferral of international ... -
Aantekening: om globale omgewingsreg en -regulering in die antroposeen te herbedink
(Litnet, 2013)The word anthropocene describes a new geological epoch that follows the holocene epoch. It is the signifier of the period in which people have a devastating and overwhelming impact on the earth and its systems. The ... -
Access to Safe Water and the Human Development Quandary in Africa: Implications of a Rights–Based Approach
(Sabinet, 2014)Despite formal and concerted commitments by African governments to achieve universal access to clean water through various initiatives since 2000, access to clean drinking water remains a continuous challenge for human ... -
Acquisition of ownership inside virtual worlds
(Pretoria University Law Press (PULP), 2013)Die artikel het ten doel om as kort inleiding te dien tot die manier waarop eiendom binne in ’n virtuele wêreld verkry kan word. Die Suid-Afrikaanse sakereg word as agtergrond gebruik om die nuwe veld van virtuele goederereg ... -
Activation in the context of the unemployment insurance system in South Africa
(Juta, 2011)The main aim of labour market activation policies is to bring jobless people from unemployment or inactivity into work or, at the very least, to influence the employment prospects of the unemployed positively. Activation ... -
The adequacy of the legal framework for combating money laundering and terrorist financing in Nigeria
(Emerald, 2023)Abstract Purpose – Banditry and terrorism constitute serious security risks in Nigeria. This follows the fact that Nigeria is rated as one of the leading states in the world that is plagued by terrorism. Terrorists ... -
The adequacy of the Mauritian biosafety framework
(Cambridge University press, 2014)This article analyses the Mauritian regulatory framework on genetically modified organisms (GMOs) and highlights its shortcomings, with the aim of improving the regulation of the approval and monitoring of the use of GMOs ... -
The African continent and the special situation/vulnerability principle in the climate change regime
(VerLoren Van Themaat Centre, 2011)Although the impact of climate change is global, these consequences are not evenly distributed. The Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Working Group II Report makes it clear that Africa ... -
African response to transboundary movement of hazardous wastes
(Danubius University, 2017)Control or management of transboundary movement of hazardous wastes is a global challenge. The indusries in the developed states generate hazardous wastes in their activities. Developed states have stringent laws and ... -
Allocating the risk of software failures in automated message systems (autonomous electronic agents)
(Juta, 2016)A marvel of electronic commerce is an increase in the active participation of unattended computer systems in the negotiation and formation of agreements. Computers today can, and already are, helping their human users to ... -
An Analysis of Socio-Economic and Cultural Rights Protection under the Zimbabwe Constitution of 2013
(Cambridge Univ Press, 2017)This article discusses certain provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 that deal with the protection of socio-economic and cultural rights in Zimbabwe. The purpose of the article is to investigate ... -
Answers to the questions? A critical analysis of the amendments to the Labour Relations Act 66 of 1995 with regard to labour brokers
(Juta, 2014)Temporary employment services (TESs), or labour brokers as they are more commonly known, have been used in South Africa since the 1950s, but they were not regulated by the Labour Relations Act 28 of 1956 (1956 LRA) in force ...