Browsing Constitutional & Human Rights Litigation by Title
Now showing items 7-26 of 46
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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 ... -
The coerced and forced sterilisation of women living with HIV in South Africa: a critical review of existing legal remedies.
(2018)No abstract available. -
A comparative analysis of the practice of family mediation with particular reference to African customary mediation.
(1997)Family mediation is a process that' was and is still practised by African indigenous societies. However, mediation in relation to family and divorce matters, is viewed either positively or negatively by most South African ... -
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. ... -
The contribution of the African Charter on human and people's rights to the realisation of democratic governance in Africa.
(2006)No abstract available. -
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 ... -
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 ... -
Did you say "asinine" milord? – Bekker v Naude en andere 2003 5 SA 173 (SCA).
(Faculty of Law. Nelson Mandela Metropolitan University., 2003) -
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 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. ... -
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 ... -
Food labelling legislation.
(1990)Food labelling serves to (a) inform consumers about the attributes of a food product so that they can make rational and well-informed choices; (b) assist manufacturers in marketing their product; and (c) warn consumers ... -
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 ICC's jurisdictional limitations and the impunity for war crimes in the DRC : a plea for the establishment of a special criminal tribunal.
(2012)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 ... -
The implementation of human rights principles in post apartheid South Africa : the question of an international standard.
(1999)No abstract available. -
Implementing a permissive regime for assisted dying in South Africa : a rights-based analysis.
(2015)No abstract available. -
International legal protections for combatants in the South African armed conflict.
(1988)The African National Congress (ANC) is engaged in an armed conflict with the South African Government for control of South Africa. ANC combatants are being prosecuted under South African criminal law as rebels, a process ...