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Department of Jurisprudence: Recent submissions

Now showing items 1-20 of 102

The three pillars regulating international sales contracts on the African continent

Wethmar-Lemmer, Marlene (2023-10-19)
The evolution of privacy governance in healthcare in post-apartheid South Africa

Mahomed, Safia (2023-11-16)
The legal position regarding the best interests of the child in gender reassignment decisions in South Africa

Mahlobogwane, Frans Mashilo (2023-11)

Although the recent concepts ‘gender dysphoria’ (according to the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, 2022) and ‘gender incongruence’ (as defined in the World Health Organization’s ...
An ethico-legal analysis of benefit sharing for health research in South Africa

Chunda-Sinombe, Priscilla (2023-06-27)

Health care research conducted in LMICs, including South Africa, has exploded in the last few decades. Albeit a welcome development, there has emerged the fear of and actual exploitation of host communities. As health care ...
The independence of the prosecutorial authority : a comparative study of Zimbabwe, South Africa, and Namibia

Mungwari, Lucie-Annie Chipo (2022-07-09)

In 2014 in the case of Telecel Zimbabwe(Private) Limited v Attorney-General of Zimbabwe1 the Prosecutor-General of Zimbabwe2 challenged the issuing of private prosecution certificates to private parties on the basis that ...
Sustainable development and the rights of the indigenous peoples of the Niger Delta : towards a legal framework

Abolarin, Elizabeth Ebunoluwa (2021-09-29)

This research sets to unravel the root cause of the conflict in the Niger Delta with the aim of finding a legal solution as a durable remedy. Grave violations of the indigenous peoples’ human rights and irreparable ...
A critical review of the current state of forensic science knowledge and its integration in legal systems

Venter, Casper Henderik (2020-04)

Forensic science has a significant historical and contemporary relationship with the criminal justice system. It is a relationship between two disciplines whose origins stem from different backgrounds. It is trite that ...
Ownership of South African street art and the protection of cultural heritage resources

Smith, Sarah Rutherford (2019-09)

The development of graffiti into an accepted art form, street art, is a cause of concern for South African property owners. The current position in South African property law regarding the original acquisition of ownership ...
Challenges to gender equality in the legal profession in South Africa : a case for putting gender on the transformation agenda

Lasseko-Phooko, Matilda E. K. (2019-02)

This study demonstrates the negative effect of stereotypes in the progression of women in the legal profession in South Africa and the laws, policies and measures that reinforce gender and sex stereotypes are discriminatory ...
Social welfare in South Africa : a legal-philosophical analysis

Blomkamp, Casey Megan (2018)

A large portion of the population of South Africa is made up of people who, due to poverty, disability, old age and/or lack of education, rely solely on social assistance provided by the government for their survival. The ...
Critical evaluation of the Constitutional duty to engage in collective bargaining

Molusi, Angela Patricia (Nelson Mandela Metropolitan University, 2010-01)

The law regarding collective bargaining in South Africa has been interpreted in two ways; the Labour Relations Act (LRA) refers to a duty to bargain collectively, while the Constitution refers to a right to engage in ...
Mediation : an alternative dispute resolution in medical negligence cases

Nkabinde, Fortunate Thobeka (2018-11-05)

Medical negligence is a growing concern within South Africa.1 The medical environment has great potential for conflict, because even the best trained physicians can commit errors that result in medical disabilities and ...
An investigation of informed consent in clinical practice in South Africa

Chima, Sylvester Chidi (2018-02)

This study was designed to evaluate the quality of informed consent practiced by healthcare professionals in South Africa using an empirical quantitative methodology combined with medicolegal analysis to produce an ...
Enforcing the right of access to healthcare services in South Africa

Ebi, Ebi Achigbe Okeng (2016-06)

The right to have access to health care services is enshrined in section 27 of the South African Constitution of 1996 as one of the socio-economic rights protected by this Constitution. In order to observe the entitlements ...
Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme

Unknown author (Potchefstroom Electronic Law Journal, 2017)

The Bachelor of Laws (LLB) degree programme should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal ...
Between a rock and a hard place: the right to self-determination versus uti possidetis in Africa

Mnyongani, Freddy (The Institute of Foreign and Comparative Law University of South Africa, 2008)

The tension between the right of a people to self-determination and the right of a state to its territorial integrity has claimed many lives in Africa. The raison d'être of international law is the regulation of affairs ...
Duties of a lawyer in a multicultural society: a customary law perspective?

Mnyongani, Freddy (JUTA, 2012)

This article is about duties of a lawyer in a multicultural society like South Africa. South Africa is a multicultural society characterised by among others a constant competition of cultures, values, and norms. At the ...
Whose morality? Towards a legal profession with an ethical content that is African

Mnyongani, Freddy (Verloren van Themaatsentrum/Centre, 2009)

At the core of the legal profession are legal professional ethics, which are concerned with 'questions of moral permissibility' of legal practitioners. The debate about the relationship between morality and the law is far ...
De-linking ubuntu: Towards a unique South African Jurisprudence

Mnyongani, Freddy (Nelson Mandela Metropolitan University, 2010)

The adoption in 1993 of the interim Constitution of the Republic of South Africa Act (200 of 1993) as the supreme law of the Republic marked a watershed moment in the history of South Africa. It was a moment of transition ...
The status of animals in African cosmology: A non-legal perspective

Mnyongani, Freddy (VerLoren Van Themaat Centre / UNISA Press, 2012)

A relevant question here is whether there is a difference in the symbolisation of animals between cultures, for example, between indigenous traditions that regard animals as sacred and those that see animals as non-sacred ...

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Department of Jurisprudence: Recent submissions

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