Browsing Constitutional & Human Rights Litigation by Title
Now showing items 1-20 of 58
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The abused women in South Africa : statutory implications and the use of mediation to resolve domestic violence disputes.
(2000)No abstract available. -
Access to antiretrovirals : are there any solutions?
(2008)In South Africa 1 000 people die of AIDS everyday and 100 000 more people require ARVs every year. There is therefore an urgent need to provide access to ARVs andother essential medicines. The South African Constitution ... -
African customary law : a constitutional challenge for gender equality.
(1999)No abstract available. -
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 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 ... -
An analysis of multilingualism as an approach to language-in-education policies of the Department of Basic Education in relation to the promotion of indigenous languages as languages of teaching and learning, in accordance with section 29(2) of the Constitution of the Republic of South Africa.
(2021)The Constitution of South Africa recognises eleven official languages, nine of which are considered indigenous African languages. This recognition seeks to provide for language protection, promote multilingualism and create ... -
An analytical study of the regulation of South African diamond trade from 1994 to 2009 with reference to aspects of the 1996 Constitution.
(2009)This study forms a unique study of South African diamond laws as developed in the context of the South African constitutional dispensation. This study is therefore a contribution to legal research and academia which forms ... -
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 ... -
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. ... -
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 ... -
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 eThekwini Municipality’s bylaws that criminalise children in street situations.
(2022)For a little more than fifteen years, children in street situations have been a focus of concern for relief organisations, such as NGOs and governments. There are children on the streets in every country, which is an ... -
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 ...