Search Results - University of Pretoria
-
1
Traditional leadership in South Africa: From blood and might usurpation to constitutional accountability
Published in African human rights law journal (2023)“…Summary\r\nDespite regional variations, traditional leadership has always been practised in the same way all across oceans and nations. It has always been an…”
Get full text
Journal Article -
2
The right to development in Francophone Africa: Post-colonial agreements, sovereign authority and control over natural resources
Published in African human rights law journal (2023)“…\r\nThis article critiques the decolonisation process of erstwhile colonised Francophone African states, during which France failed to effectively guarantee…”
Get full text
Journal Article -
3
Public participation as an essential requirement of the environmental rule of law: Reflections on South Africa’s approach in policy and practice
Published in African human rights law journal (2023)“…Summary\r\nThe need for public participation to be embedded in environmental governance has for several decades been accepted in international law. There are…”
Get full text
Journal Article -
4
Recognising form through function in the context of integrating the bride requirement in customary marriages in South Africa
Published in African human rights law journal (2023)“…Summary\r\nIn previous scholarship we argued how the state and courts have tended to favour a formal or definitional approach to customary marriages in South…”
Get full text
Journal Article -
5
NCA Plant Hire CC v Blackfield Group Holdings (Pty) Limited [2021] JOL 51810 (GJ)
Published in De Jure (01-06-2023)“…The facts and judgment in NCA Plant Hire CC v Blackfield Group Holdings (Pty) Limited [2021] JOL 51810 (GJ) raises some interesting questions in relation to…”
Get full text
Journal Article -
6
A human rights critique of Ghana's Anti-LGBTIQ+ Bill of 2021
Published in African human rights law journal (2023)“…The Ghanaian Parliament is currently considering the passage of a law to re-criminalise consensual same-sex conduct between adults in private. If passed into…”
Get full text
Journal Article -
7
Digital neo-colonialism : the Chinese model of internet sovereignty in Africa
Published in African human rights law journal (2020)“…China is making a sustained effort to become a ‘cyber superpower’. An integral part of this effort is the propagation by Beijing of the notion of ‘internet…”
Get full text
Journal Article -
8
A promising potential: Using the right to enjoy the benefits of scientific progress to advance public health in Africa
Published in African human rights law journal (2023)“…In 2020 the United Nations Committee on Economic, Social and Cultural Rights published its 25th General Comment on the right to enjoy the benefits of…”
Get full text
Journal Article -
9
A post-mortem assessment of the #EndSARS protest and police brutality in Nigeria
Published in African human rights law journal (2023)“…In October 2020 many Nigerians took to the streets to protest against the illicit and inhumane activities and brazen brutality of the Special Anti-Robbery…”
Get full text
Journal Article -
10
The Mariana Trench of transphobia in South Africa: The legislative lacunae in KOS v Minister of Home Affairs
Published in African human rights law journal (2023)“…Society as a whole has for eons been premised on the importance of patriarchy and heteronormatity. During this time society has seen gradual leaps regarding…”
Get full text
Journal Article -
11
Mangwende v Machodo: Bride price refund and the violation of women's rights in contemporary Zimbabwe
Published in African human rights law journal (2023)“…This article undertakes an analysis of a Zimbabwean High Court case, Mangwende v Machodo, on the refund of the bride price. It is ascertained in the article…”
Get full text
Journal Article -
12
Juxtaposing emerging community laws and international human rights jurisprudence on the protection of women and girls from harmful practices in Malawi
Published in African human rights law journal (2023)“…In recent years, community laws to address harmful practices affecting women and girls in rural Malawi have been forming under the leadership of traditional…”
Get full text
Journal Article -
13
Justice in conflict: Principle of complementarity or principle of competition?
Published in African human rights law journal (2023)“…The establishment of a permanent international criminal court was a necessity and the fear of it infringing on a state's sovereignty was real and ever present…”
Get full text
Journal Article -
14
Beyond symmetrical binaries: The emergence of the constitutional recognition of transgender persons in Zimbabwe with reference to Nathanson v Mteliso & Others
Published in African human rights law journal (2023)“…In this case discussion we explore the constitutional and human rights implications of a decision of a High Court of Zimbabwe in Nathanson v Mteliso & Others…”
Get full text
Journal Article -
15
Leveraging technology to deliver basic education to children in conflict areas of Northern Nigeria
Published in African human rights law journal (2023)“…Studies have shown that children residing in countries affected by armed conflict are more likely not to attend school as compared to other children. This is…”
Get full text
Journal Article -
16
From 'puzzling' to comprehensible and efficient: Reform proposals to the African human rights framework through a 'system' lens
Published in African human rights law journal (2023)“…Forty years after the adoption of the African Charter on Human and Peoples' Rights, the African architecture for the promotion and protection of human rights…”
Get full text
Journal Article -
17
The regional regulation of child labour laws through harmonisation within COMESA, the EAC and SADC
Published in African human rights law journal (2023)“…Child labour results in children working under dangerous and hazardous conditions, which affects their growth and development, as well as their health and…”
Get full text
Journal Article -
18
The prospects of litigation to secure maternal health in Nigeria: Does SERAP v Attorney-General Lagos have any value?
Published in African human rights law journal (2023)“…Blood transfusions play a crucial role in addressing obstetric complications such as post-partum haemorrhage and anaemia that contribute to maternal deaths…”
Get full text
Journal Article -
19
A crisis of design and judicial practice? Curbing state disengagement from the African Court on Human and Peoples’ Rights
Published in African human rights law journal (2020)“…In the space of four years, between 2016 and 2020, four of the ten states that had recognised the jurisdiction of the African Court on Human and Peoples’…”
Get full text
Journal Article -
20
Critical reflections on the justiciability of the right to education in Ghana
Published in African human rights law journal (11-08-2022)“…Article 38(1) of the 1992 Constitution of Ghana provides that ‘the state shall provide educational facilities at all levels and in all the regions of Ghana,…”
Get full text
Journal Article