The Pretoria Student Law Review最新文献_第4页

THE IMPOSITION OF COMMON LAW IN THE INTERPRETATION AND APPLICATION OF CUSTOMARY LAW AND CUSTOMARY MARRIAGES 在习惯法和习惯法婚姻的解释和适用中强加普通法

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3674

Celinhlanhla Magubane

引用次数: 0

DISMANTLING RACIAL ONTOLOGY: CONSTITUTIONAL ABOLITIONISM AS A SOLUTION TO SOUTH AFRICA’S ANTI-BLACKNESS AND WHITE SUPREMACY 解构种族本体论:宪法废奴主义作为南非反黑人和白人至上主义的解决方案

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3670

Gudani Tshikota

{"title":"DISMANTLING RACIAL ONTOLOGY: CONSTITUTIONAL ABOLITIONISM AS A SOLUTION TO SOUTH AFRICA’S ANTI-BLACKNESS AND WHITE SUPREMACY","authors":"Gudani Tshikota","doi":"10.29053/PSLR.V15I1.3670","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3670","url":null,"abstract":"The constitution of the Republic of South Africa, 1996 (the 1996 constitution) is typically represented as the ‘best constitution’ in public and academic discourse around the world. In this article, the aim is to argue against this notion. The thesis presented in this article is, how can this constitution be regarded as the best in the world when it has failed to make possible conditions which mark a break from the cultural, social, and political order of colonial-apartheid South Africa? This article then explores a comparative analysis of the racial ontology of conquest pre and post-democracy. The conclusion is that the racial ontology of conquest remained unabated irrespective of the claims of freedom and a ‘new’ South Africa was supposedly ushered in by the 1996 constitution. Consequently, the notion of regarding the 1996 constitution as the beginning of a new South Africa and the end of Black people’s sufferings is outrightly rejected. The concept of constitutional abolitionism is thereafter adopted and placed as a catalyst towards a decolonised South Africa where the racial ontology of conquest would be undone. In giving a proper analysis of constitutional abolitionism as a theory of the constitution, the thought and practice of constitutional optimists and sceptics are also dissected and challenged.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126816149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

THE ROLE OF UBUNTU IN THE LAW OF CONTRACT 契约法中乌班图的作用

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3672

Pooja Pundit

引用次数: 0

RACIAL EPISTEMOLOGY AT A TIME OF A PANDEMIC: A SYNOPSIS OF SOUTH AFRICA’S PERSISTING INEQUALITIES THROUGH THE LENS OF ‘#FEESMUSTFALL’ AND ‘#FREEDECOLONISEDEDUCATION’ 大流行病时期的种族认识论:从“#学费必须下降”和“#自由非殖民化教育”的视角看南非持续存在的不平等现象

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3655

Gudani Tshikota

引用次数: 1

THE PLIGHT OF REFUGEES IN SOUTH AFRICA 南非难民的困境

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3649

Abigail Emily Ashfield

{"title":"THE PLIGHT OF REFUGEES IN SOUTH AFRICA","authors":"Abigail Emily Ashfield","doi":"10.29053/PSLR.V15I1.3649","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3649","url":null,"abstract":"Democratic South Africa emerged in 1994 through a horrific history of exclusion, racial discrimination, and segregation. Following years of sanctions, boycotts, and disgrace from the international community, South Africa promised its people and the world that a new dawn had risen. A transformative constitution ushered in this change, determined to ensure equal rights and protection for all and to never repeat the crimes of the past. Unfortunately, this idealistic goal has not extended to all those who call South Africa home. The hard-fought battle against apartheid which was aided by many African countries did little for the status of asylum seekers and refugees in the post 1994 state. Refugees continue to be targeted and ostracised in our ‘free and equal’ land. This has given rise to violations of the international obligations that South Africa voluntarily assumed in 1996 in respect of refugees. Owing to the continued human rights violations of refugees and the state’s failure to translate visions of an equal and democratic South Africa beyond the borders of citizenship, redress is sorely needed. To this end, the landscape of refugee law is explored and outlined, both on the domestic plane and the international stage. A critical analysis of these sources will serve to concretise the position of refugees and asylum seekers, the shortfalls of the existing system, and the need for greater transformation and equality.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133783898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

COVID-19 AND ACCESS TO REPRODUCTIVE HEALTH RIGHTS FOR WOMEN IN HIGHER EDUCATION INSTITUTIONS IN SOUTH AFRICA 2019冠状病毒病与南非高等教育机构妇女获得生殖健康权利

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3659

Thuli Zulu

{"title":"COVID-19 AND ACCESS TO REPRODUCTIVE HEALTH RIGHTS FOR WOMEN IN HIGHER EDUCATION INSTITUTIONS IN SOUTH AFRICA","authors":"Thuli Zulu","doi":"10.29053/PSLR.V15I1.3659","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3659","url":null,"abstract":"Reproductive health rights are rights that are internationally and domestically recognised as human rights. The right to contraception forms part of reproductive health rights. These rights have a great impact on the social, political, and economic well-being of women. This paper studies the impact that COVID-19 has had on health, specifically on access to contraceptives, as these services have not been deemed as essential during the lockdown. The lockdown has seen the closure of higher education institutions like colleges, Technical Vocational Education and Training (TVET) colleges, universities, and universities of technologies, where the majority of women who depend on public health facilities access their contraceptives, resulting in these women having to access contraceptives from their home communities. This paper further studies the challenges that these women face in accessing contraceptives from their homes, such as stigma and the lack of information that accompanies it. Lastly, this paper finds that the women that access their contraceptives in institutions of higher learning do not have any alternatives. It finds that the closure of these institutions has resulted in these women being stranded without contraceptives, resulting in a violation of their reproductive health rights.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129935869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

WHY DECOLONISATION AND NOT TRANSFORMATIVE CONSTITUTIONALISM 为什么是去殖民化而不是转型宪政

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3669

N. Sindane

{"title":"WHY DECOLONISATION AND NOT TRANSFORMATIVE CONSTITUTIONALISM","authors":"N. Sindane","doi":"10.29053/PSLR.V15I1.3669","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3669","url":null,"abstract":"Paul Mudau and Sibabalo Mtonga proffer ‘Extrapolating the role of transformative constitutionalism in the decolonisation and Africanisation of Legal Education in South Africa’ to contribute to the ongoing dialogue about South Africa’s LLB curriculum, and to make studied comments about the need to shift from colonial modes of knowing, thinking, and doing. Their article does well to study the strides that have been made in this discourse, as they make use of the University of Pretoria’s Curriculum Transformation Document as one example of the progress that has been made. Mudau and Mtonga conclude that adherence to transformative constitutionalism may enhance decolonisation and Africanisation, and thus lead to the gradual transformation of legal education in South Africa. This rejoinder sets the argument from a different starting point — it insists that the definitive thrust of the Decolonial Turn in South Africa presents a decided critique of the 1994 constitutional arrangement, therefore rendering transformative constitutionalism a misfit in the quest to decolonise and Africanise South African legal education. This article concludes by asserting that South African law teachers, and anyone interested in the quest to alter colonial pedagogies, should concern themselves with seeking definitional clarity, and the rest shall follow.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116444917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

HERD IMMUNITY OR POLITICAL POWER? 群体免疫还是政治权力?

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3662

Samantha Smit

引用次数: 0

AN ANALYSIS OF THE APPLICABLE LAWS ON THE PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSIONS IN NAMIBIA 分析纳米比亚保护传统知识和文化表现形式的适用法律

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3680

Frieda Shifotoka

{"title":"AN ANALYSIS OF THE APPLICABLE LAWS ON THE PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSIONS IN NAMIBIA","authors":"Frieda Shifotoka","doi":"10.29053/PSLR.V15I1.3680","DOIUrl":"https://doi.org/10.29053/PSLR.V15I1.3680","url":null,"abstract":"Traditional knowledge (TK) and cultural expressions are morevulnerable to infringements because of their nature and the lack of protection as intellectual property (IP) under many legal systems. TK can, however, contribute to the social and economic development of a country, the preservation of cultural heritage, and the increase in innovation and invention. It is for this reason that it is important to enact laws and formulate policies that recognise, promote, and protect TK and cultural expressions. An analysis was made on the protection offered under Namibian laws to holders of TK and cultural expressions and considered the adequacy and effectiveness of such laws. The findings show that on a regional level, Namibia is a party to the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore, however, the Protocol has not been incorporated into national IP-related laws. In terms of domestic laws, there are no IP laws that expressly recognise and protect works of TK and cultural expression. However, there are policies such as the National Intellectual Property Policy 2019-2024 and the Namibia Arts, Culture and Heritage Policy 2021/2022-2023/2026, which recognises the value of TK and the need to protect TK and cultural expressions. Therefore, it is recommended that government should develop a sui generis system that can help foster the preservation and development of TK and cultural expressions. The system should take into consideration the current social and economic structures so that it can be effective. The Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore can be used as a guide in developing a sui generis system for Namibia.","PeriodicalId":253815,"journal":{"name":"The Pretoria Student Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133096043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A CRITIQUE OF THE AVAILABLE DEBT RELIEF MEASURES AFFORDED TO NINA DEBTORS IN THE WAKE OF TRANSFORMATIVE CONSTITUTIONALISM AND INTERNATIONAL TRENDS 对在变革的宪政主义和国际趋势之后提供给Nina债务人的现有债务减免措施的批评

The Pretoria Student Law Review Pub Date : 2021-11-08 DOI: 10.29053/PSLR.V15I1.3671

Zakariya Adam

引用次数: 0