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 ...
Armed forces of nations maintain military forces which include an element of medical support. The use of military medical practitioners is to maintain a fit for service force, provide rehabilitative and curative services ...
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 ...
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 ...
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 ...
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 ...
Ravenscroft, Elme(University of Pretoria, 2021-03-02)
South Africa is one of the most unequal countries globally, and inequality is distributed along racial lines. The impoverishment of black people and its endurance is a product of colonialism and apartheid projects. The PIU ...
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 ...
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 ...
The purpose of this thesis is to critically evaluate the South African courts’ role in contributing
to the radical transformation of public basic education which is mandated by the South African
Constitution. The author ...
Khosa, Shipoyila Ernest(University of Pretoria, 2018)
This study commences from the premises that the1994 political settlement in South Africa as reflected by the 1996 Constitution and government policies offer no solution to the land question in South Africa. By the land ...
Gildenhuys, Hans Jacob(University of Pretoria, 2020-11)
The dissertation considers the justification of the stringent natural person insolvency system in light of the “advantage to creditors” requirement. Jackson’s (The Logic and Limits of Bankruptcy Law (1986) 3) criteria of ...
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, ...
Muller, Lavonne Elorie(University of Pretoria, 2020)
This study examines Kristeva’s notion of abjection to understand the workings of colonial racism. Given the limitations of her Eurocentric standpoint, reference will also be made to the critiques and engagements with ...
The main research problem in this study is whether law and specifically the human rights
framework can speak to the lived experiences and realities of the disabled Nigerian woman. This
thesis reflects the frustrations ...
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 ...
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 ...
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 ...
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 ...