• The drive towards certainty : a short reflection on “law is/as code”, complexity, and “the uncontract” 

  Jooste, Yvonne (Pretoria University Law Press, 2022)

  Increasingly, technology is used in the enforcement of legal rules. These changes, in addition to establishing new forms of regulation, have implications for the future functioning of the legal system. Most of the current ...
• A future of justice inclusion: examining access to justice in South Africa through the 'ethic of care' and 'complexity' 

  Nagtegaal, Jackie; Jooste, Yvonne (Brill Academic Publishers, 2022-05)

  In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a ...
• Introduction to special issue: separation of powers, the judiciary and the politics of constitutional adjudication 

  Sibanda, Sanele (Routledge, 2020)

  This special issue of the South African Journal on Human Rights arises from a general call for papers that was issued in October 2019. The special issue has come to fruition in circumstances that none of us could ever have ...
• Tax legislation and the right to equality : does section 23(m) of the Income Tax Act 58 of 1962 rationally differentiate between salaried individuals and individuals who earn their income mainly from commission? 

  Botha, Louis; Meyer, Zoe; Kok, J.A. (Anton) (Juta Law, 2020)

  The authors speculate how a court should deal with a tax matter that implicates the right to equality. Section 23(m) of the Income Tax Act 58 of 1962 squarely raises an equality dispute — in the context of rational/irrational ...
• Reflections on prosecutorial independence and impartiality in South Africa : the recent jurisprudence of the courts 

  Dyani-Mhango, Ntombizozuko (Unisa Press, 2020-07)

  Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable ...
• Surveillance capitalism as white world-making 

  Jooste, Yvonne (University of the Free State, 2021-07)

  The era of ‘surveillance capitalism’ as a new logic of accumulation that claims human experience as free raw material necessitates an understanding of how corporate-controlled digital communication technologies govern ...
• Putting the relationship between states and the ICC into perspective : the viability of national courts in driving complementarity in Africa 

  Wanki, Justin Ngambu; Mundela, Grace Bilonda; Hansungule, Michelo (Faculty of Law, Nelson Mandela University, 2020)

  This article discusses implementation challenges of the principle of complementarity; challenges in prosecuting sitting African Heads of state and nefarious warlords. The article highlights the disparity existing in ...
• Promoting a public service ethic in the legal profession in Kenya : the imperative role of clinical legal education 

  Osiemo, Lynette; Kok, J.A. (Anton) (Cambridge University Press, 2020-06)

  The taskforce appointed in 2016 to undertake a review of the legal sector in Kenya highlighted a decline in public service and pro bono work as one of the challenges facing the legal profession in the country. In its report, ...
• Slowly but surely : the substantive approach to the right to basic education of the South African courts post-Juma Musjid 

  Arendse, Lorette (Centre of Human Rights, Faculty of Law, University of Pretoria, 2020-06)

  This article assesses the extent to which the South African Constitutional Court’s seminal findings in Governing Body of the Juma Musjid Primary School v Essa NO have bolstered the lower courts to give tangible content ...
• South Africa’s new standard material transfer agreement : proposals for improvement and pointers for implementation 

  Thaldar, Donrich W.; Botes, Marietjie; Nienaber, A.G. (Annelize Gertruida) (BioMed Central, 2020-09-03)

  BACKGROUND : Whenever South African (SA) research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement ...
• Race, history, irresolution : reflections on City of Tshwane Metropolitan Municipality v Afriforum and the limits of “post”-apartheid constitutionalism 

  Modiri, Joel Malesela (Pretoria University Law Press, 2019)

  This article reflects on the limits of “post”-apartheid constitutionalism through an extended theoretical discussion and close reading of the Constitutional Court decision in City of Tshwane Metropolitan Municipality v ...
• How to make sense of the civil prohibition of hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 

  Botha, Louis; Kok, J.A. (Anton) (Unisa Press, 2019)

  In this article the authors offer a workable interpretation of section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Many constitutional law and freedom of expression scholars have ...
• Technique of empire : colonisation through a state of exception 

  Kamga, Gerard Emmanuel Kamdem (Routledge, 2019)

  The main argument of this article lies in its conceptual framing which is a contextualisation of the problem of exception in the colonial and ‘postcolonial’ period of Cameroon. The country was technically colonised by ...
• Convergence or divergence in text and context? Reflections on constitutional preambles in the constitution-making exercises of post-independence Cameroon and post-apartheid South Africa 

  Wanki, Justin Ngambu (Unisa Press, 2018)

  In this article, I attempt to establish the need for the convergence of the spirit of the law—the Preamble—and the letter of the law—the provisions of the Constitution of Cameroon contained in its articles. First, I adduce ...
• ASSAf consensus study on the ethical, legal and social implications of genetics and genomics in South Africa 

  Pepper, Michael Sean; Dandara, Collet; De Vries, Jantina; Dhai, Amaboo; Labuschaigne, Melodie; Mnyongani, Freddy; Moodley, Keymanthri; Olckers, Antonel; Pope, Anne; Ramesar, Raj; Ramsay, Michele; Soodyall, Himla; Towers, Wayne (Academy of Science of South Africa, 2018-11-27)

  South Africa is home to one of the most genetically diverse populations in the world, which, combined with its high disease burden and high-quality infrastructure, makes our country a prime location for conducting genetics ...
• Spatial justice, relationality and the right to family life : a discussion of Hattingh v Juta 2013 3 SA 275 (CC) 

  De Villiers, Isolde (Juta Law, 2017)

  The Hattingh v Juta case raised the question of the right to family life in the context of Extension of Security of Tenure Act 62 of 1997 (“ESTA”). This contribution considers the judgments that decided this case from a ...
• ‘Life is not simply fact’ : aesthetics, atmosphere and the neoliberal university 

  Van Marle, Karin (Springer, 2018-11)

  The main objective of this article is to reflect on the way in which a certain neoliberal logic and rationality have become common-sense and to contemplate the possibility of a different aesthetic. The tone or mood of ...
• Conquest and constitutionalism : first thoughts on an alternative jurisprudence 

  Modiri, Joel Malesela (Routledge, 2018)

  This article examines the meaning and progress of post-1994 constitutional democracy in South Africa from the perspective of its (dis)continuity with the longue-durée history of colonial conquest, settler-colonialism and ...
• Introduction to special issue : conquest, constitutionalism and democratic contestations 

  Modiri, Joel Malesela (Routledge, 2018)

  No abstract available.
• The political (in) dependence of the judiciary in Cameroon : fact or fiction? 

  Kamga, Gerard Emmanuel Kamdem (Routledge, 2019)

  My main concern in this paper is to critically examine judicial deference to the executive within the context of Cameroon. I portray how authorities in the country purposely fail to invest the judiciary with substantial ...

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