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Open research questions in Legal Issues in South Africa

30 unresolved questions extracted from the limitations and future-work sections of 1,323 Legal Issues in South Africa papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • the Nigerian and British constitutions. International Journal of Research and Innovation in Social Science (IJRISS), 9(8), 4481–4495. the exercise of executive powers under in • Okolocha, U. E., & ALUKO, D. M. (2025). URISTIC OVERVIEW OF THE COMMITTEE 1999 NIGERIAN IN LEGISLATIVE PROCESS UNDER THE SYSTEM CONSTITUTION. KB Scholars Journal, UK, 3(2). • Okolocha, U. E., Malasawe, G. C., & Ozumba, O. (2026). From advisory to oversight: The development of the Nigerian legislature, 1914 to 1999. Realpolitik, 2(2) Publisher’s Note ERUDEXA PUBLISHING remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. The statements, opinions, and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of ERUDEXA PUBLISHING and/or the editor(s). ERUDEXA PUBLISHING disclaims responsibility for any injury to people or property resulting from any ideas, methods, instructions, or products referred to in the content.

    THE DEVELOPMENT OF THE LEGISLATURE IN NIGERIA: ISSUES, CHALLENGES AND PROSPECTS · 2026 · DOI

  • Section 3 of the NWA stipulates that water falls under the centralised control of the public trustee to, inter alia, improve the allocation, management, use, conservation and equality of access to this scarce resource.

    Construing the transformed property paradigm of South Africa’s water law: new opportunities presented by legal pluralism? · 2021 · DOI

  • It finds that successive regimes after Mbeki and Obasanjo exhibited poor commitment to implement the ideals of the APRM to further the gains made by the understudied regimes and thereby weakened the developmentalism push of the countries.

    Irony of Development Agendas: Perspectives on APRM under Presidents Thabo Mbeki and Olusegun Obasanjo · 2021 · DOI

  • Key terms have not been given distinctive constitutional contours, and it remains uncertain to what extent legislative instruments such as NEMA are legitimately filling these gaps.

    The Problem with the Normative Content of Section 24 of the Constitution of South Africa · 2019 · DOI

  • It argues that the right has been left normatively impoverished, and especially the interaction and relationship with the cornerstone statute, the National Environmental Management Act (NEMA) remains unclear.

    The Problem with the Normative Content of Section 24 of the Constitution of South Africa · 2019 · DOI

  • Additionally, the article responds to the call by the 1983 Surplus People Project Report for additional research into the rationale behind the location and timing of individual forced removals.

    The Bantu Authorities System: Removals in Mthunzini District during Apartheid · 2017 · DOI

  • This topic has not been widely analysed in the works of scholars for the meantime, though the actualization of the issue at the level of the academic society should be helpful on dealing not only with this inner problem of civil service, but also on revealing broader political, economic, social context of its effective performance.

    Valstybės tarnybos reguliavimo problemos · 2014 · DOI

  • While this argument would also lend support to the argument of this paper—showing how positions based on Rawls' foundation, such as Brighouse and Swift's, would inevitably lead to the neglect of peoples outside of any Rawlsian sovereign state, whatever their educational needs—it is perhaps not so intuitively obvious why this follows from Rawls' position; explication of this would take us too far beyond the scope of this paper.

    Challenging educational injustice: ‘Grassroots’ privatisation in South Asia and sub-Saharan Africa · 2013 · DOI

  • The complexity surrounding the prosecution of criminal cases in which young victims or witnesses are involved, especially in cases of sexual abuse, remains controversial and often results in the criminal justice system being blamed for neglecting the needs and welfare of child victims and witnesses.

    The constitutional right to protection of child victims and witnesses in the South African criminal justice system : director of Public Prosecutions, Transvaal v Minister of Justice and Constitutional Development, and others · 2010

  • The main findings suggest that while the ward committee may have been effective in certain aspects, the extent of its effectiveness was limited by the poor attendance at public meetings; the general impact of poverty on collective action; the exclusionary nature of organization through sectors; and the lack of substantive influence in the decision-making process.

    Contextualizing Social Capital, Citizen Participation and Poverty through an Examination of the Ward Committee Systemin Bonteheuwel in the Western Cape, South Africa · 2008 · DOI

  • Thereafter we will address the pursuit of justice in respect of both apartheid’s perpetrators as well as its victims—the discussion will, however, be limited to the liability of those who fall outside the scope of the Truth and Reconciliation Commission’s (TRC) mandate.

    Righting the Wrongs of Apartheid Justice for Victims and Unjust Profiteers · 2004 · DOI

  • In preparing the paper, the author realised that many changes had taken place in the legal relationship between parent and child in South Africa since 1994 and that their implications for education management need to be explored.

    Some recent developments in the legal relationship between parent and child · 2001 · DOI

  • The Court found that Minister Louis Le Grange's claim that the detainees had been trying to create a revolutionary climate was insufficient to permit their arrest under Section 28 of the 1982 Security Act.

    Diplomatic Asylum as a Human Right: The Case of the Durban Six · 1989 · DOI

  • Higgins also comments that &dquo;a failure to indicate that certain preliminary points remain to be examined at the same time as the merits, makes it exceedingly difficult for counsel to direct their pleadings to all the relevant points&dquo; 33 This is undoubtedly true, and I have already suggested that it would have been better if the Court had joined the first three South African objections to the merits.

    The South-West Africa Cases (Second Phase)1 · 1968 · DOI

  • Lincoln and Murray Bridge, employment in commerce in 1961 was considerably greater than employment in manufacturing industry, and in all major towns except Whyalla (where the service-supply function is limited by a sparsely-settled hinterland), the absolute growth in employment in commerce exceeded the increase in employment in manufacturing industry during the last intercensal period.

    DECENTRALIZATION IN SOUTH AUSTRALIA: A REVIEW · 1965 · DOI

  • That is, the challenge to the legitimacy of the constitutions of these two countries on the grounds that these constitutions are insufficiently derived from indigenous traditions.

    Spectres of Decoloniality: Comparing constitutional histories of India and South Africa · 2024 · DOI

  • The argument is limited to the institution that follows the patriarchal system of governance with ascension to the throne that is restricted to males only and not on matrilineal systems, regency, or any other leadership position that is available within the institution.

    The Role of the Royal Family in Transforming the Institution of Traditional Leadership in South Africa · 2024 · DOI

  • While an extensive literature has examined why African leaders comply with or else try to manipulate term limits, the policy implications of the latter remain unexplored.

    Africa's Lame Ducks: Second-Term Presidents and the Rule of Law · 2023 · DOI

  • It was found that the issue of the rights of public servants is insufficiently covered in recent research, which has led to the relevance of the selected issues.

    Rights of civil servants as the basis of their legal status · 2021 · DOI

  • Ultimately, our analysis highlights an understudied link between the functioning and legitimacy of chiefs in democratic states and the autocratic or democratic conception of the customary law underlying the powers of such chiefs.

    Traditional Authority in South Africa: Reconstruction and Resistance in the Eastern Cape · 2021 · DOI

  • This article gives an overview of paralegal services in a number of African countries, and shows how these services are assisting thousands of pretrial detainees and accused persons to access justice in environments where legal services are scarce or non-existent.

    A powerful toof of justice: Paralegals and the provision of affordable and accessible legal services · 2012 · DOI

  • The overall assessment is that the judiciary has not yet defined its role; has not properly interpreted the concept of separation of powers; and has not yet become a key organ for enforcing human rights.

    Separation of powers and its implications for the judiciary in Ethiopia · 2011 · DOI

  • The analysis concludes that while the new system has become fairly well established in a short time, its long-term success in promoting the values of democratization, effective governance, and conflict management remains uncertain.

    Multi-Sphere Governance in South Africa: An Interim Assessment · 2001 · DOI

  • On what terms, and quite how this restructuring will come about, remains to be seen, subject as it is to the process and course of negotiations and continuing liberation struggle.

    Lesotho and the Reintegration of South Africa · 1990

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30 open questions have been extracted from the limitations and future-work passages of 1,323 Legal Issues in South Africa papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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