Doctor Legum - LLD
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A critique of the jurisprudence of the African commission regarding evidence in relation to human rights violations: A need for reform?
(University of the Western Cape, 2018)The success of any human rights system at the domestic, regional or international level requires an adequate development of the normative, institutional and jurisprudential frameworks. With regard to the African Commission, ... -
Analysing human rights accountability towards ending preventable maternal morbidity and mortality in Uganda
(University of the Western Cape, 2018)The persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and ... -
The Social Obligation Norm as the Framework for Land Restitution in South Africa
(University of the Western Cape, 2017)This research project proposes that the social-obligation norm of ownership should be adopted as the ethic on which land restitution is carried out in South Africa. While there exists a subtle and indirect appreciation of ... -
Competition law and cartel enforcement regimes in the global south: examining the effectiveness of co-operation in south-south regional trade agreements.
(University of the Western Cape, 2017)Competition law and its enforcement have become necessary tools in the face of trade liberalisation. Nowhere is this more evident than in the area of cross-border cartels. The global South is steadily becoming aware of ... -
Analysing human rights accountability towards ending preventable maternal morbidity and morality in Uganda
(University of the Western Cape, 2017)The persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and ... -
Developing a Community Engagement Model as a Normative Framework for Meaningful Engagement During Evictions
(University of the Western Cape, 2016)The research problem of this study is the jurisprudential inconsistency in the application of the right in section 26(3) of the South African Constitution's Bill of Rights. The inconsistency is due to inadequate conceptualisation ... -
The Right to Health Care of Terminally Ill Inmates in South Africa
(University of the Western Cape, 2018)In South Africa, prison authorities are not primarily concerned with the health of the prison population. This is evidenced by inter alia: the vast number of complaints regarding health care received by the Judicial ... -
Examining the use of transitional justice mechanisms to redress gross violations of human rights and international crimes in the northern Uganda conflict
(University of the Western Cape, 2017)Uganda and her citizens have endured a troubled, violent, conflict-prone history since independence from the British on 9th October 1962. Conflict in Uganda, just like in many an African country, has its primary root ... -
The Impact of South African Law on the Islamic Law of Succession
(University of the Western Cape, 2018)South African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their ... -
An examination of the legal framework governing opportunities and barriers to economic development in Southern Africa: a case study of Zimbabwe
(University of the Western Cape, 2016)This thesis examines the legal framework of Zimbabwe to determine if the laws and policies which are in place create opportunities for, or barriers to, economic development. Specifically, it examines the legal framework ... -
The regionalisation of international criminal justice in Africa
(University of the Western Cape, 2017)This study was undertaken under the South African-German Centre for Transnational Criminal Justice, University of the Western Cape (UWC), South Africa and Humboldt Universitat zu Berlin, Germany. The Centre provided a ... -
The Transformation of local government service delivery in South Africa: The failures and limits of legislating new public management
(University of the Western Cape, 2017)Apartheid local government failed to deliver services to the people of South Africa. Instead, it created huge spatial/settlement distortions, economic disparities, skewed urban economic logic, and massive service and ... -
The Paralegal and the Right of Access to Justice in South Africa
(The University of the Western Cape, 2018)Political settlements in post-conflict democracies such as South Africa with its accompanying constitutional reforms have altered the relationship between citizens and the State, creating a new order of citizen entitlement ... -
Self-referrals to the international criminal court: legal analysis, case studies and critical evaluation
(University of the Western Cape, 2017)The main contributor of situations before the International Criminal Court (hereinafter ICC) has been state parties that have referred situations on their own territory to the ICC through “self-referral”. This study examines ... -
The 1996 Constitution and the Tax Administration Act 28 of 2011 : balancing efficient and effective tax administration with taxpayers' rights
(University of the Western Cape, 2016)Taxation is fundamental for development in South Africa (SA), a developing country with an emerging economy in which taxation is essential to capacitate the government so that it can fulfil its mandate under the Constitution ... -
The effect of corruption on the 'available resources' for the right to housing as espoused by the Constitution of South Africa
(University of the Western Cape, 2016)The objective of this study was to expose how the ineffectiveness of the anti-corruption measures contributed in delaying the right to housing, as proffered by the Constitution of South Africa, to the impoverished population ... -
The accountability of juveniles for crimes under international law
(University of the Western Cape, 2016)Children have been committing crimes during times of war and other armed conflicts since time immemorial. Yet, it is only over the last few decades that cognisance is being taken of child soldiers as a type of juvenile. ... -
Constitution-making in Zimbabwe : assessing institutions and processes
(University of the Western Cape, 2016)Since its conquest by Britain in 1890, Zimbabwe has witnessed a series of constitution-making projects. Spanning over 100 years, the question of constitutional development has continued to dominate public debate. The end ... -
Managing the proceeds of crime : an assessment of the policies of Tanzania, South Africa and Nigeria
(University of the Western Cape, 2016)This study assesses the policies for managing recovered proceeds of crime in three countries, namely, Tanzania, South Africa and Nigeria. It considers the role and relevance of asset management in the asset recovery regimes ... -
The South African law of trusts with a view to legislative reform
(University of the Western Cape., 2016)More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there ...
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