Constitutional & Human Rights Litigation
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Executed in execution : discussion and suggestions regarding the immovable property foreclosure process in South Africa.
(2017)The right to housing is not only important because of its socio-economic role in society – also because of our racially and socio-economically divided past. Despite the vital function housing plays, manifested in the ... -
Voluntary human shields in international armed conflict : a proposal for suitable future regulation.
(2015)The paper examines the international humanitarian law framework, the Geneva Conventions, the Additional Protocols thereto, and the subsequent filtration of these norms into the domestic laws and practices of states around ... -
Implementing a permissive regime for assisted dying in South Africa : a rights-based analysis.
(2015)No abstract available. -
Mandatory reporting : the legal protection of child victims of trafficking for the exploitation of child labour in South Africa.
(2014)On the 29th July 2013 the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (hereafter referred to as the “Trafficking Act”) was published, criminalising trafficking in persons and associated crimes as ... -
Stress and psychosocial support for humanitarian personnel who work with child protection in emergencies.
(2014)There is a high percentage of returning humanitarian personnel suffering from PTSD, burn out, psychosocial distress and secondary traumatisation. The 2012 study by the Aid Security Database saw the highest exposure of ... -
The constitutional experience of Zimbabwe : some basic fundamental tenets of constitutionalism which the new constitution should embody.
(2013)Zimbabwe adopted the Lancaster Constitution in 1980. This constitution has been amended a record nineteen times. The critic on some of the amendments is that they have undermined the fundamental tenets of constitutionalism. ... -
A minimum core content to the right to health for HIV-positive persons under South Africa's transformative constitution.
(2014)This dissertation is an evaluation of the concept of a minimum core content to the constitutional right to health, with particular reference to HIV-positive persons in South Africa. The analysis involves an assessment ... -
The UN Refugee Convention cessation clause and its application to Rwandan refugees based in Kenya.
(2013)Kenya like many other countries offers asylum to refugees in fulfillment of the provisions of the 1951 UN Refugee Convention as well as the 1969 OAU Refugee Convention. The country, with the assistance of UNHCR, confers ... -
The ICC's jurisdictional limitations and the impunity for war crimes in the DRC : a plea for the establishment of a special criminal tribunal.
(2013-10-28)The cruelty and scope of the widespread criminality of humans in the world, which was a feature of the past century, was fuelled by scientific progress, egoism and humanity's power of destruction. The criminal consequences ... -
Judicial independence in South Africa : a constitutional perspective.
(2012)This dissertation seeks to explore the judiciary as an independent and separate arm of government. In doing so, this dissertation attempts to provide a holistic analysis of the constitutional and legislative framework that ... -
Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001.
(2006)The study also provides an overview of the impact of privatisation on human rights. To accomplish this objective, case studies of Zambia were undertaken within the concept of the social and economic impacts, seeking to ... -
The African Union and human rights : drawing from the European experience of human rights supervision, what impact might the African Union, and the consequent creation of an African court, have on Africa with regard to human rights, African unity, and the issue of state sovereignty?
(2003)The formation of the African Union (AU) holds great promise for Africa with regard to development. It also brings a new dimension to human rights in Africa, with the creation of the African Court. However, the OAUs legacy ... -
The eradication of domestic expediency by the African court on human and peoples' rights : lessons from Europe.
(2003)The proposed African Court on Human and Peoples' Rights is an important development in the history of Africa. For the first time, there will be a regional judicial mechanism for the adjudication of human rights issues. ... -
The African Union and its radical stance towards human rights and democracy.
(2003)Any research that attempts to tackle the issue of human rights in Africa is likely to raise emotions because of the history of perpetual human rights violations in the region. Nevertheless, the establishment of the African ... -
Did you say "asinine" milord? – Bekker v Naude en andere 2003 5 SA 173 (SCA).
(Faculty of Law. Nelson Mandela Metropolitan University., 2004) -
Pre-admission legal education in South Africa : an assessment of the dominant patterns influencing the transmission of legal knowledge.
(1998)The purpose of this study was to narrate the major influences shaping the construction and transmission of legal knowledge in South Africa. The paper contends that these influences revolved around the role of the state, ...
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