Doctor Legum - LLD
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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 ... -
The asset forfeiture regime in Malawi and its implications for the combating of money laundering
(University of the Western Cape, 2015)The international legal framework on money laundering encourages states to put in place effective systems for the identification, freezing, seizure and forfeiture of proceeds and instrumentalities of crime. While the ... -
Enforceable rights for victims of crime in England and Wales
(University of the Western Cape, 2012)The thesis draws on the author's own contribution to a co-authored text Wolhuter, et al, 2009), which was aimed at introducing students to the legal landscape pertaining to victims' rights in England and Wales. All the ... -
The crime of conspiracy in international criminal law
(University of the Western Cape, 2012)This contribution looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective ... -
Decentralisation in Uganda : a critical review of its role in deepening democracy, facilitating development and accommodating diversity
(University of the Western Cape, 2014)Uganda, like many African countries in the 1990s, adopted decentralisation as a state reform measure after many years of civil strife and political conflicts, by transferring powers and functions to district councils. The ... -
Realising the human right to water in Malawi through community participation
(University of the Western Cape, 2015)Lack of universal access to water is one of the fundamental failures of development in the 21st century. Women not only disproportionately bear the burden of lack of safe water but also have the least opportunity to take ... -
Universal jurisdiction in respect of international crimes : theory and practice in Africa
(University of the Western Cape, 2015)The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and ... -
The right to social security of persons with disabilities in South Africa
(University of the Western Cape, 2015)In recent years, the rights of persons with disabilities have received substantial attention both in South Africa and internationally. While certain rights have received widespread coverage, other rights have not yet been ... -
The impact of anti-money laundering legislation on the legal profession in South Africa
(University of the Western Cape, 2015)This thesis investigates the legislative measures employed in South Africa to combat the implication of lawyers in money laundering schemes. Criminals make use of sophisticated technological means to transfer money and ... -
An analytical study of South African prison reform after 1994
(University of the Western Cape, 2012)The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards; the requirements for both are set out in the Constitution and elaborated on in the Correctional Services ... -
Labour rights and working conditions in corporate codes of conduct: an assessment of the legal dimension, in different national contexts, of selected multinational corporations’ corporate social responsibility commitments
(University of the Western Cape, 2015)At the heart of this thesis is the notion of Corporate Social Responsibility (CSR), an innovative concept deep-rooted in the globalisation phenomenon. The notion of CSR entails the much-debated duty of businesses, not only ... -
The law and policy for provincial and local government in Zimbabwe: the potential to realise development, bulid democracy and sustain peace
(University of the Western Cape, 2014)The adoption of the 2013 Constitution of Zimbabwe heralded a new era with high expectations from ordinary citizens of Zimbabwe. Among other matters, the Constitution provides for a multilevel system of government with ... -
An interpretation of the constitutional framework for devolution in Kenya: a comparative approach.
(University of the Western Cape, 2014)Kenya adopted a new Constitution in 2010, with devolution of political power, responsibilities and resources to newly created counties as its centrepiece and most transformative aspect. Devolution was intended to address ... -
A critical assessment of the legitimacy of the international investment arbitration system: a call for reform
(University of the Western Cape, 2014)Currently most international investment disputes are settled through arbitration. The origin of this dispute settlement system can be associated with the recent proliferation of over 3000 Bilateral Investment Treaties. ... -
The legal regime for anti-cyberlaundering
(University of the Western Cape, 2012)Along with its inumerable wonders, the advent of the internet has brought with it very bad vices. The notion of convenience, which comes with the use of the internet, can be attributed to criminals who wish to disguise the ... -
The harmonisation of rules on the recognition and enforcement of foreign judgments in the Southern African Customs Union
(University of the Western Cape, 2013)The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme ...
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