• The extra-judicial ejectment of land intruders : an evaluation of the relation between the possession and home concepts 

  Marais, Ernst; Muller, Gustav (LexisNexis, 2025-02)

  Please read abstract in the article.
• Interrogating the right to basic education of undocumented children in the context of the call for their exclusion from public schools in South Africa 

  Mutu, Perekeme (Nelson Mandela University, 2024-07-07)

  The right to basic education is recognised as a fundamental human right that is guaranteed to everyone, including undocumented children under international and domestic law. However, the question needs to be asked whether ...
• Informed consent and access to gender-affirming treatment for children in South Africa 

  Ozah, Ronaldah Lerato Karabo (Pretoria University Law Press, 2023)

  Informed consent for medical treatment is a developed legal concept in South African common law; the elements of which have been clearly set out by our courts. The overarching principle is viewed as a collaboration between ...
• Reconciling lobolo with the equality principle : the need to realign official customary law with living customary law of South Africa 

  Boterere, Shammah God'swill; Maimela, Charles (Pretoria University Law Press, 2023)

  Much scrutiny has recently been directed towards African customary law mostly because of its traditionally patriarchal nature, which conflicts with the inalienable constitutional principle of equality. The landmark ...
• The expanding role of the curator ad litem in protecting children’s rights in South Africa 

  Hansungule-Nefale, Zita M.; Courtenay, Morgan (Pretoria University Law Press, 2023)

  The appointment of the curator ad litem during litigation in which children’s interests are concerned has, over the years, played a critical role in advancing the child’s right to be heard and participate in matters affecting ...
• Child rights jurisprudence without borders : developments in extraterritorial jurisdiction 

  Skelton, Ann, 1961- (Pretoria University Law Press, 2023)

  This article elaborates on the development of a global child rights jurisprudence emerging from the United Nations Committee on the Rights of the Child (the CRC Committee), drawing from other treaty bodies and supranational ...
• The role and effect of the constitution in customary law of succession 

  Mtsweni, Lindiwe; Maimela, Charles (Pretoria University Law Press, 2023)

  Customary law is the original law of the inhabitants of South Africa; however, it has always been treated as the stepchild of the legal system. The new constitutional dispensation requires that all laws be measured against ...
• The Komape litigation – ensuring effective remedies 

  Veriava, Faranaaz; Harding, Mila (Pretoria University Law Press, 2023)

  The three Komape cases were spurred by the death of Michael Komape in 2014, when he drowned in a dilapidated pit toilet at his school in Limpopo. In the first judgment, the High Court recognised that the government ...
• Realising a ‘right’ to research in Nigeria and South Africa : the role of the executive arm of government 

  Okorie, Chijioke (Juta Law Journals, 2023)

  Development agendas and plans such as South Africa’s National Development Plan 2030 and Nigeria’s National Development Plan 2021–2025, indicate the need for, and benefits of, development research to sharpen countries’ ...
• Cherishing customary law : the disparity between legislative and judicial interpretation of customary marriages in South Africa 

  Maimela, Charles; Morudu, Ntebo Lauretta (Nelson Mandela University, 2024-07-07)

  The constitutional recognition of customary law in South Africa has opened a new conduit for the development of customary law. With the courts taking the lead in addressing customary law disputes, the interpretation of ...
• 'Consent’ and confusion casting doubt on the validity of a customary marriage : Mgenge v Mokoena & another [2023] JOL 58107 (GJ) 

  Hager, Liesl (University of Pretoria, 2023)

  In Mgenge v Mokoena & another [2023] JOL58107 (GJ), the Gauteng High Court, Johannesburg, per Rome AJ, considered the validity of a customary marriage concluded between the bride (the first respondent)and ...
• The right to food in South Africa : a consumer protection perspective 

  Muwanga, Tracy Sheila Namirembe; Korsten, Lise (Pretoria University Law Press, 2024)

  The right to food is a recognised human right, particularly within socio-economic rights. In South Africa, this right is still evolving but has become increasingly significant as global hunger worsens. Importantly, the ...
• The extra-judicial ejectment of land intruders : an evaluation of counter spoliation and the role of possession (Part 1) 

  Marais, Ernst; Muller, Gustav (LexisNexis, 2024-10)

  Die verweer van contra-spolie het gewoonlik min akademiese aandag geniet en was selfs as ʼn onkontroversiële deel van die privaatreg geag. Al hoe meer privaat- en staatseienaars van grond het egter onlangs begin om hierdie ...
• South African dagga : piping on the related intellectual property rights and indigenous knowledge systems 

  Oriakhogba, Desmond O.; Okorie, Chijioke; Lavhengwa, Livhuwani Sosanah (Inderscience, 2024-09)

  The use of dagga has been partially legalised and decriminalised in South Africa and there is increasing awareness with regards to its importance to national development. Thus, a dagga industry is emerging in South Africa. ...
• Image rights in Kenya 

  Thutse, Legodi; Cornelius, Steve J. (Juta Law Journals, 2023)

  Kenia is ’n land wat al op verskeie terreine vele bekendes opgelewer het. Hulle is veral welbekend vir die wêreldklas middel en langafstandatlete wat hulle oplewer. Dit sou daarom nie vreemd wees nie, indien bemarkers sou ...
• The Basic Education Laws Amendment Bill : a case study in transformative constitutionalism beyond the courts 

  Veriava, Faranaaz (Pretoria University Law Press, 2024)

  The Basic Education Laws Amendment Bill (BELA Bill) is one of the most significant reforms to the South African basic education legal framework since 1994. While the amendments impact on a wide range of issues, this ...
• Strategic litigation for educational equity : analysing the impact of ISER v Attorney-General on access to quality education in Uganda 

  Mutu, Perekeme (Pretoria University Law Press, 2024)

  In recent years, strategic litigation has emerged as a powerful tool for advancing human rights and promoting social justice around the world. This legal approach involves the deliberate use of legal action to bring about ...
• Realising the right to basic education through strategic litigation in Kenya 

  Skelton, Ann, 1961-; Mutu, Perekeme (Pretoria University Law Press, 2024)

  In pursuit of creating an inclusive and equitable society, the right to basic education stands as a cornerstone, serving as a catalyst for individual empowerment and social progress. It is not surprising that in Kenya’s ...
• Editorial : Special focus on promoting access to basic education through the law in sub-Saharan Africa 

  Skelton, Ann, 1961-; Veriava, Faranaaz; Mutu, Perekeme (Juta Law, 2024)

  No abstract available.
• Report on enforcing the rights of children in migration 

  Binford, Warren; Bochenek, Michael Garcia; Cernadas, Pablo Ceriani; Day, Emma; Field, Sarah; Hamilton, Marci; Liefaard, Ton; Mezmur, Benyam; Mulatu, Fasil; Skelton, Ann, 1961-; Sloth-Nielsen, Julia; Stuart, Joao; Van Loon, Hans; Verhellen, Jinske (MDPI, 2023-10-19)

  The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; ...

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