718 publication(s) trouvée(s)
Éditorial
Editorial: The Universal Declaration of Human Rights at 70: African Perspectives on Progress and Prospects
This special edition comprises selected papers on critical reflections on the 70th anniversary of the Universal Declaration of Human Rights …
Article scientifique
Defining Fairness in Dismissals of Unauthorised Foreign Nationals
It is trite that if a person's employment is prohibited by law it is not possible for such a person …
Article scientifique
70 Years after the UDHR: A Provocative Reflection Shaped by African Experiences
The 70th anniversary of the adoption of the Universal Declaration of Human Rights presents an opportunity for critical reflections from …
Article scientifique
Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights
The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, …
Article scientifique
The Impact of Myths, Superstition and Harmful Cultural Beliefs against Albinism in Tanzania: A Human Rights Perspective
It cannot be denied that myths and superstitions have endured through history and that people have been affected by them …
Article scientifique
A South African–Australian Perspective on the Legal Implications Related to being “Entitled to Serve” as a Director
This article focuses on an Australian piece of legislation and interesting case law, as well as how the Federal Court …
Article scientifique
Do the SALINI Criteria apply to the Definition of an Investment provided in Annex 1 of the 2006 and 2016 SADC Protocol on Finance and Investment? An Assessment
An investment is the subject matter of an investor-state dispute. Therefore there can be no such dispute if there is …
Article scientifique
Hate Speech and Racial Slurs in the South Afican Context: Where to Start?
Protecting people against hate speech and racist slurs requires weighing up several fundamental rights. To maintain legitimacy in enforcing the …
Article scientifique
Unscrambling jurisdiction under the PEPUDA
The jurisdiction, or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various …
Article scientifique
Poverty as a Ground of Indirect Discrimination in the Allocation of Police Resources – A Discussion of Social Justice Coalition v Minister of Police 2019 4 SA 82 (WCC)
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) prohibits indirect and direct unfair discrimination …
Article scientifique
Once More uBuntu: A Reply to Radebe and Phooko
This article is a critical engagement with the most recent contribution to the debate on the nature and content of …
Article scientifique
Demistifying Hate Speech under the PEPUDA
The factual matrix that is considered in each hate speech case differs from that in the next. However, certain factors …
Article scientifique
Is the Dawn of the Robot Lawyer upon us? The Fourth Industrial Revolution and the Future of Lawyers
The practice of law has been largely shielded from technological developments in the course of the past 50 years. While …
Article scientifique
Exploring Childhood Statelessness in South Africa
The United Nations High Commissioner for Refugees set a 10-year timeline in 2014 to prevent childhood statelessness. The United Nations …
Article scientifique
The Dangers of Convictions Based on a Single Piece of Forensic Evidence
The overall goal of the criminal justice system is to ensure that perpetrators of crimes are duly punished and that …
Article scientifique
Ensuring the Reliability of Fire-Arm Identification Evidence
Notwithstanding the acceptance of firearm identification by courts, the scientific community has been reluctant to recognise firearm identification as a …
Article scientifique
Die Status en Beskerming van Meerderjariges met Beperkte Handelingsbevoegdheid / The Status and Protection of Majors with Impaired Capacity to Act
In this contribution the focus falls on the capacity to act of majors who, due to mental or physical disabilities …
Article scientifique
'n Leë dop is soms beter as 'n halwe eier / An empty shell is sometimes better than half an egg – Gounden v Master of the High Court [2015] JOL 32896 (KZD) and Govender v Gounden 2019 2 SA 262 (KZN)
The KwaZulu-Natal High Court, Durban, recently had the opportunity to interpret section 15(3)(b)(iii) of the Matrimonial Property Act 88 of …
Article scientifique
Revisiting the Geneva Conventions: 1949-2019
This contribution reviews the book titled Revisiting the Geneva Conventions: 1949-2019, and edited by two scholars, namely Md Jahid Hossain …
Article scientifique
Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP): Paving the Way for Formal Protection of Informal Land Rights
In Baleni v Minister of Mineral Resources 2019 2 SA 453 (GP) the court, duly following the judicial guidance provided …