• The in- or ex-clusiveness of International Law 

  Achiume, E. Tendayi (Oxford University Press, 2023-02)

  No abstract available.
• 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 ...
• Azanian political thought and the undoing of South African knowledges 

  Modiri, Joel Malesela (Berghahn Journals, 2021-09)

  This article sets out a few key questions, themes, and problems animating an Azanian social and political philosophy, with specific reference to the radical promise of undoing South African disciplinary knowledges. The ...
• 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 ...
• Falling through the cracks : the plight of “over-aged” children in the public education system 

  Arendse, Lorette (Pretoria University Law Press, 2021)

  The legislative and policy framework regulating compulsory education in South Africa requires that learners beyond the age of fifteen enrol in an adult education centre to meet their educational needs. Adult education which ...
• (Un)constitutional amendments and Cameroon constitutions : strange bedfellows with the rule of law and constitutionalism 

  Wanki, Justin Ngambu (Edinburgh University Press, 2021-02)

  The article examines unconstitutional constitutional amendments in the constitutional order of Cameroon dating back from 1960 to 2008. The examination reveals that all the amendments engaged within this period fail to ...
• Revisiting personal immunities for incumbent foreign heads of state in South Africa in light of the Grace Mugabe decision 

  Dyani-Mhango, Ntombizozuko (Pretoria University Law Press (PULP), 2021)

  In the Grace Mugabe decision in which the conclusion was arrived at that Grace Mugabe was not entitled to spousal immunity by virtue of being the wife of the then incumbent foreign head of state, Vally J remarked that ...
• The powers of the South African public protector : a note on economic freedom fighters v speaker of the national assembly 

  Mhango, Mtendeweka; Dyani-Mhango, Ntombizozuko (Brill Academic Publishers, 2021)

  The scope of the powers of the Public Protector was one of the main questions for determination by the Constitutional Court in the landmark case of Economic Freedom Fighters vs Speaker of the National Assembly. This note ...
• 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 ...

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