Constitutional & Human Rights Litigation
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Balancing the right to peaceful use and enjoyment of private property with the right of access to adequate housing and the government’s legitimate interest thereto.
(2020)In the pre-constitutional dispensation, the courts could grant an eviction order without considering the risk of homelessness to the evictees. This was possible because there was no constitutional right of access to ... -
Constitutional reform in Africa: positioning the new constitutional court of Zimbabwe in the transformation of civil and political rights.
(2019)This thesis investigated the prospects of the transformation of civil and political rights through the courts in Zimbabwe. The arguments made were based on the concepts of transformative adjudication and transformative ... -
Enforcement of “human rights” standards against multinational corporations.
(2019)No abstract available. -
The use of land restitution as a means of protecting indigenous knowledge systems for the purpose of realising food sovereignty.
(2019)This mini-dissertation will explore the Indigenous Knowledge Systems and food sovereignty in light of South Africa's stance on land restitution. It will critically discuss Indigenous Knowledge Systems as they relate to ... -
Deconstructing section 25(3) of the Constitution: have the courts adopted a progressive approach in interpreting section 25(3): a critical study of Uys NO and another v Msiza and others?
(2020)Section 25(2) of the Constitution provides that property may expropriated only in terms of law of general application for a public purpose or in the public interest, subject to compensation. Section 25(3) provides further ... -
A critical analysis of the home mortgage foreclosure requirements and procedure in South Africa and proposals for legislative reform.
(2020)The execution against immovable property, or foreclosure, involves a delicate balancing of mortgagor and mortgagee rights. From a mortgagor perspective, he or she is protected by Section 26 (1) of the South African ... -
Separation of powers in the South African context: Is there space for the political question doctrine?
(2019)In a constitutional democracy the courts are usually given the power of judicial review. This power allows the courts to review legislative and executive conduct and test it against the constitution. If the conduct in ... -
Dignity of an ex-convict in South Africa : a critical discussion.
(2018)The constitutions of many countries do not provide a clear definition of the concept of dignity. This study scrutinises the meaning of dignity and the violation of ex-convicts’ right to dignity in South Africa. Government ... -
The violation of rights of prisoners in South Africa after 1996: medico-legal implications.
(2018)Post-1994 and following the adoption of the Constitution of the Republic of South Africa on 8 May 1996, the Constitution has since become the supreme law of the country and any conduct or law that is in conflict with its ... -
The best interests of whose child? : an examination of African customary law in matters relating to children switched at birth.
(2018)Children switched at birth present not only emotional trauma but also a legal battle for all parties concerned. Thus the story of M and Z (an African boy and girl) switched at birth in OR Tambo Hospital on August 2, 2010 ... -
A human rights analysis of posthumous reproduction in South Africa.
(2018)Advances in the field of medicine are consistently posing difficult questions to the law and society. This is because of the propensity of these medical advances to alter the limits of what is and is not possible, and ... -
The coerced and forced sterilisation of women living with HIV in South Africa: a critical review of existing legal remedies.
(2018)No abstract available. -
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 ...
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