Law of Evidence
Local Government Law
Author Megan Adderley
ISBN: 978 148515 163 0
Affiliations: BA LLB (Rhodes) LLM (UCT); Adjunct lecturer at University of Cape Town
Source: Yearbook of South African Law, Volume 4, p. 1023 – 1144
Local Government Law
Local Government Law
Author Megan Adderley
ISBN: 978 148515 163 0
Affiliations: BA LLB (Rhodes) LLM (UCT); Adjunct lecturer at University of Cape Town
Source: Yearbook of South African Law, Volume 4, p. 1023 – 1144
Medical and Health Law
Medical and Health Law
Author Andra le Roux-Kemp
ISBN: 978 148515 163 0
Affiliations: BA LLB LLD (Stell) CML BMus Hons BMus (SA); Associate Professor, University of Lincoln (UK)
Source: Yearbook of South African Law, Volume 4, p. 1045 – 1134
Pension Law
Pension Law
Author Motseotsile Clement Marumoagae
ISBN: 978 148515 163 0
Affiliations: LLB LLM (Wits) LLM (NWU) PhD (UCT); Professor, School of Law, University of the Witwatersrand
Source: Yearbook of South African Law, Volume 4, p. 1135 – 1180
Property Law
Property Law
Authors Elsabé van der Sijde and Sameera Mahomedy
ISBN: 978 148515 163 0
Affiliations: LLB LLD (Stell) LLM (UP); Research fellow at the Department of Public Law, Stellenbosch University; LLB LLM LLD (Stell); Researcher (Law and Policy) at the SAMRC/Wits Centre for Health Economics and Decision Science – PRICELESS SA, School of Public Health, Faculty of Health Sciences, University of the Witwatersrand
Source: Yearbook of South African Law, Volume 4, p. 1181 – 1222
Public Procurement Law
Public Procurement Law
Author Geo Quinot
ISBN: 978 148515 163 0
Affiliations:BA (Law) LLB (Stell) LLM (Virginia) MA (Free State) MPA (Birmingham) LLD (Stell); Professor, Department of Public Law, Stellenbosch University; Director, African Procurement Law Unit
Source: Yearbook of South African Law, Volume 4, p. 1223 – 1237
Taxation
Taxation
Author Robert Williams
ISBN: 978 148515 163 0
Affiliations: BA LLB (Cape) LLM (London) H Dip Tax (Wits) PhD (Macquarie); Professor Emeritus in
the School of Law, University of KwaZulu-Natal
Source: Yearbook of South African Law, Volume 4, p. 1238 – 1272
Resolving presidential term limits in transitional justice processes: Revisiting the 2015 Burundi Crisis
Resolving presidential term limits in transitional justice processes: Revisiting the 2015 Burundi Crisis
Author: John-Mark IYI
ISSN: 2521-2621
Affiliations: Associate Professor and Director of the African Centre for Transnational Criminal Justice, University of the Western Cape, Cape Town, South Africa
Source: African Yearbook on International Humanitarian Law, 2022, p. 1 – 19
https://doi.org/10.47348/AYIH/2022/a1
Abstract
The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one of the major roleplayers, President Pierre Nkurunziza. However, this has not resolved the crisis in any significant way so far, and it is imperative to revisit and examine some of the underlying legal issues and draw some lessons for the future. In this article, I argue that the Burundi crisis, arising from the third-term bid of then President Nkurunziza, presented a conflict of two legal orders—the domestic constitutional order of Burundi and the African Union legal order as embodied in a number of regional treaties, principally, the African Union Constitutive Act and the Charter on Democracy and Governance. This clash made it difficult, if not impossible, to achieve a different outcome when expectations came in direct conflict with decisions of the highest court in the Burundian legal order. External actors should be more circumspect and approach election-related legal processes more cautiously, because, ultimately, it is the domestic courts that will decide such cases.
An analysis of policy-oriented jurisprudence at the International Criminal Tribunal for the former Yugoslavia (ICTY): A lemniscate of natural law, legal positivism and two liberalisms?
An analysis of policy-oriented jurisprudence at the International Criminal Tribunal for the former Yugoslavia (ICTY): A lemniscate of natural law, legal positivism and two liberalisms?
Author: Albert Nell
ISSN: 2521-2621
Affiliations: Lecturer, Faculty of Law, University of the Free State, South Africa
Source: African Yearbook on International Humanitarian Law, 2022, p. 20 – 34
https://doi.org/10.47348/AYIH/2022/a2
Abstract
Policy-oriented jurisprudence was used to substantively support certain arguments rendered by the International Criminal Tribunal for the former Yugoslavia (ICTY) in two cases, namely those against Dražen Erdemović and Pavle Strugar. Based on its limited use, the policy-oriented approach was clearly not a popular source of justification for arguments at the ICTY. However, its inclusion in structures of argument reveals at least some support for it. In the process of suggesting possible reasons why this particular theoretical approach was utilised in the justification of argument, this article aims to briefly discuss the broader philosophical tensions visible in the reliance on policy-oriented jurisprudence at the ICTY, viz, natural law/legal positivism, on the one hand, and the ‘two liberalisms’, identified by Darryl Robinson as inherent to international criminal law (ICL), on the other hand. Given that policy-oriented jurisprudence’s inclusion in ICL judgments makes its future invocation in ICL literature and judgments possible, the purpose of delving into the broader theoretical paradigms involved is important for the emergence of a coherent jurisprudence.
The International Criminal Court and immunity: South Africa’s legal obligations
The International Criminal Court and immunity: South Africa’s legal obligations
Author: Chelsea Anne Ramsden
ISSN: 2521-2621
Affiliations: LLM International Human Rights Law, University College Dublin; Legal Consultant, RSLV Legal
Source: African Yearbook on International Humanitarian Law, 2022, p. 35 – 53
https://doi.org/10.47348/AYIH/2022/a3
Abstract
February 2022 marked the invasion of Ukraine by the Russian Federation (Russia). The instantaneous and vehement reaction from the international community underscores the gravity of the situation. Calls for Russian President Vladimir Putin (President Putin) to immediately halt the invasion and cease the perpetration of senseless attacks and atrocities against the people of Ukraine resounded across nearly every corner of the globe. The invasion has garnered international attention, and there have been many calls for accountability—for President Putin and for those under his command who committed these acts on his orders. Various organisations and academic circles have already delved into this query, with suggestions ranging from establishing specialised ad hoc or hybrid tribunals to prosecuting individuals implicated in crimes within Ukraine.