Browsing Faculty of Law by Title
Now showing items 272-291 of 387
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Prosecuting the Offence of Misappropriation of Public Funds: An Insight into Cameroon's Special Criminal Court
(2017)The fight against the misappropriation of public funds for private gain perpetrated by individuals, especially public servants, enjoys different degrees of commitment by different countries. The enactment of laws and ... -
Protecting and integrating migrant workers in ASEAN social security systems
(IDEAS, 2016)This paper considers how social security systems in Southeast Asia may be adapted in order to improve the level of protection and integration of low-skilled migrant workers and to facilitate the mobility of workers, without ... -
Protection of Indigenous peoples on the African continent: Concepts, position seeking, and the interaction of Legal Systems
(The American Society of International Law, 2010) -
Provisional thoughts on limitations to the right to procreate
(2015)The constantly increasing human population results in severe ecological, psychological, political, economic and sociological ramifications. These negative implications raise the question whether the constitutionally ... -
Public litigation and the concept of "deference" in judicial review
(2015)The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the ... -
Public participation in decentralised governments in Africa: making ambitious constitutional guarantees more responsive
(Juta Law, 2015)Following the example of South Africa, Kenya, Tunisia and Zimbabwe have recently adopted constitutions that contain bills of rights, embrace the ideals of decentralisation and profess a commitment to participatory democracy. ... -
Public participation, good environmental governance and fulfilment of environmental rights
(North-West University (Potchefstroom Campus), Faculty of Law, 2008)This article succinctly, albeit critically, assesses with reference to some international developments the role that public participation is expected to play in state governments’ fulfilment of citizens’ environmental ... -
The Public Protector as a Mechanism of Political Accountability: The Extent of its Contribution to the Realisation of the Right to Access Adequate Housing in South Africa
(2017)This paper is premised on the concept of political accountability which aims to hold accountable government for its action and or omission. Political accountability encompasses a number of mechanisms such as the judiciary ... -
Public-private partnerships in local disaster management: a panacea to all local disaster management ILLS?
(2015)It is anticipated that the occurrence and intensity of disasters will increase globally and in South Africa where typical disasters include droughts, floods, extreme hailstorms, gales, fires and earthquakes, as well as ... -
Publisiteitsbevele as vonnisopsie vir regspersone - publicity orders as sentencing option for juristic persons
(2016)This contribution addresses the issue of adverse publicity orders as a possible supplementary sentencing option for corporate offenders. In South Africa fines are the primary sentencing option available to courts when ... -
Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform
(2017-12-19)Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the ... -
The pursuit of sustainable development through cultural law and governance frameworks: a South African perspective
(2015)The idea of including a cultural dimension in development policies has become the focus of international scholarly and policy debates. Analysing and conceptualising the role of culture in the sustainable development context ... -
RA Le sueur v eThekwini Municipality 2013 JDR 0178 (KZP): an environmental law reading
(Juta Law Publishing, 2014)Drawing on earlier scholarly works that deal with the legally relevant interface between local government and the constitutional environmental duties of the state, this case comment ventures into an outline of the factual ... -
Raamwerkwetgewing ter verwesenliking van die reg op toegang tot voldoende voedsel
(NWU, 2012)Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain ... -
The real agreement as causa for the transfer of immovable property
(LexisNexis Butterworths, 2015)The difference between the causal and abstract theories of transfer of ownership has been discussed extensively in property law textbooks and journals, mostly with the emphasis on movable property. Initial judgments on ... -
Reasons for prosecutorial decisions
(2015)In terms of the prosecuting policy of the National Prosecuting Authority reasons for the exercise of prosecutorial discretions should be furnished on request of persons with a legitimate interest in the decisions. In general ... -
A rebellious step in the right direction? A note on the dissenting judgment of Sachs J in Fuel Retailers Association of Southern Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province
(Multicopy, University of kwaZulu, 2009) -
Redesigning the South African unemployment insurance fund: selected key policy and legal perspectives
(Juta, 2011)This contribution examines selected issues from a policy and legal perspective. Against the background of the broader social security reform agenda in South Africa and the vision of a comprehensive social security system, ... -
Reflections on the conflict of interests of children and parents
(J.H. de Bussy, 2013)Een van die mees ingewikkelde probleme wat deur die beste belang van die kind aan die orde gestel word is in die interaksie tussen die regte van kinders en hulle ouers geleë. Die Grondwet bevat geen aanduiding hoe die ...