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Climate change regulatory framework and the protection of cultural rights in South Africa

Maiwashe, Dzivhuluwani Rueben (2022-11-10)

Climate change's severe consequences on cultural rights represent a clear threat to South Africa's development and progress. South Africa is affected by climate change, which is currently the world's greatest challenge. ...

The implications of judicial non-intervention in religious matters: a South African human rights law perspective A

Mukwevho, Tshimangadzo Donald (2022-11-10)

Since the decision by the court in Johan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park, there has been a rise in advocacy on the need to ensure strict protection of human rights, specifically with ...

The effect of land expropriation without compensation on mortgagees

Munyai, Tebogo Innocentia (2022-07-15)

Expropriating land without compensation is an old notion that has been in the South African legal system. The colonial history of South Africa must be considered to better understanding of the origin of this phenomenon. ...

A critical inquiry into the the role of law as an instrument for the promotion of social cohesion in post-apartheid South Africa

Maweto, Patrick P. (2022-07-15)

Law as a system of rules promulgated for social function is one of the most crucial elements in promoting social order. Law generally sets frameworks for regulation of various and almost all levels of interaction between ...

Standard and non-standard workers: A critical analysis of the regulation of temporary employment services in South Africa

Madala, Zwivhuya (2022-07-15)

This study focuses on South Africa’s regulation of temporary employment services. Over the years, the regulation of temporary employment services has proven problematic, particularly with regards to the provision of ...

An analysis of States’ obligations towards climate displaced persons under the African Human Rights System

Simango, Victor (2022-07-15)

Climate change poses the most menacing threat to the environment today. The effects of climate change are experienced globally, and Africa in particular is one of the most vulnerable regions. One of the main consequences ...

An evaluation of inmates and offender's rights to freedom and security of a person in the correctional system of South Africa

Musekene, L. A. (2022-07-15)

The characterisation of inmates within a correctional service system as second-class citizens or marginalised citizens is not far-fetched. This is a reality when one considers the negative stigmatisation that is automatically ...

The role of school governing bodies in promoting the best interests of the child in schools

Baloyi, A. (2021-11)

The “best interests of the child” principle is recognised in many international human right instruments. For instance, the United Nations Convention on the Rights of the Child1 (CRC) and African Charter on the Rights and ...

Prosecuting corruption under the international jurisdiction of the African Court of Justice and human and people's rights

Malange, Nkhangweleni Lawrence (2021-04-27)

The adoption of effective reprobative measures against corruption have proven to have a positive impact on the public service sector and infrastructure of a state. With the alarming rate of corruption and the billions of ...

The Right to Water and Sanitation: A South African Comparative Study

Choma, Hlako Jacob; Ramphabana, Peter (2015)

It is common course that equitable access to water and sanitation must be accordingly and primarily regarded as criteria for the realization of other several human rights, such as the right to life, dignity, health, food, ...

The Constitutionality of Ukuhlola: A South African Cultural Practice

Choma, Hlako Jacob (1995)

The South African Human Rights Commission (SAHRC) as one of the chapter 9 state institutions supporting Constitutional democracy is mandated amongst others to promote respect for human rights and cultural practice. It also ...

The Expression of Cultural and Religious practice: A Constitutional Test

Choma, Hlako Jacob (2010)

Various conventions and national constitutions are differently worded and that the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. ...

Cultural Symbols and Schools Act: A South African Case Study

Choma, Hlako Jacob (2013)

Section 9 of the Republic of South Africa Constitution1 recognises that discrimination against people who are members of disfavoured groups may lead to patterns of group disadvantage and harm. It turns to be unfair, since ...

The Small Claims Court and Accessible Quality Justice for All

Choma, Hlako Jacob (2015)

The paper acknowledges the meticulous work done by the researcher, Peter Ramphabana an LLB graduate from the University of Limpopo (Turfloop Campus) The Small Claims Courts are simplified with no strict pleadings requirements ...

The Impact of Mining Rights on the local communities in Limpopo Province, South Africa: A comparative study

Choma, Hlako Jacob (2009)

The paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of ...

Head of Department et al and Hoerskool Ermelo et al Judgement: A critique

Choma, Hlako Jacob (2011)

It is common cause that the Government has committed itself to quality education since its inception, it is also noted that many children are still suffering the effects of apartheid. In the areas where black people lived, ...

Limitation of religious freedom to conform to the standards of an open and democracy society

Choma, Hlako Jacob (2009)

One has freedom of religion, not freedom from religion. This claim is common, but it rests on a misunderstanding of what real freedom of religion entails. The most important thing to remember is that freedom of religion, ...

The Law and its interpretation do play a role in the elimination of Xenophobia: A South African case study

Choma, Hlako Jacob (2008)

The examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the ...

A Review of developments and changes in the worlds' constitutions

Choma, Hlako Jacob (2009)

The constitution is a living document, that being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. The paper aims to be a catalyst that ...

The environmental rights entrenched in the constitutions: a critique

Choma, Hlako Jacob (2008)

Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of ...

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