Doctor Legum - LLD: Recent submissions
Now showing items 21-40 of 106
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Gender persecution as a ground for asylum in South Africa and Canada: Reconceptualising a theoretical framework for assessing refugee claims by women
(University of the Western Cape, 2014)According to the United Nations High Commissioner for Refugees, women account for 48% of the refugees globally. "Persecution" is the central tenet in the refugee definition, but the ensuing jurisprudence was initially ... -
The investigation and prosecution of corruption in Uganda
(University of the Western Cape, 2021)This study analyzed the investigation and prosecution of corruption in Uganda. The study assessed the phenomena of corruption and how it can create an unjust society. It also examined the legal framework governing the ... -
Hungry for knowledge, hungry for bread: Realising the right to food of students in South African tertiary institutions
(University of Western Cape, 2021)Many of the disadvantaged groups which are impacted by a high burden of poverty and are thereby food insecure in South Africa, have over the years received attention from the government, resulting in many interventionist ... -
Forced sterilisation as a continuing violation of human rights in Africa: Possibilities and challenges
(University of the Western Cape, 2020)International standards recognise the basic right of all women and girls to make free choices about reproduction including the number if any, spacing and timing of their children without being subjected to discrimination, ... -
The right to alternative care of children with disabilities in Ethiopia and South Africa
(University of the Western Cape, 2020)The importance of a nurturing environment on early child development and the central role that a family environment plays to this end are widely recognised. However, most children with disabilities lack family life and ... -
Corporate capacity, special purpose vehicles, and traditional securitisation in South African company Law
(University of the Western Cape, 2019)The ideals of shareholder and creditor protection are affected by legislation pertaining to the validity of a company’s transactions. Until legislative reforms introduced in the twentieth century, a company’s capacity ... -
Deploying transitional justice mechanisms as anti-corruption tools in Africa
(University of the Western Cape, 2020)This thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or ... -
The appropriateness of equality legislation in addressing the challenges faced by black professional employees in South Africa
(University of the Western Cape, 2019)All employees aspire to work at a place of employment which is free from racial discrimination, where equal opportunity and fair treatment are not merely principles that are promoted and encouraged, but implemented actively ... -
Land grabbing in Ethiopia and Madagascar: Balancing respect for human rights of victims with development needs through land investments
(University of the Western Cape, 2020)Many African states are in dire need of economic development to alleviate poverty, enhance the quality of life of peoples and bring development home. To meet this aim, land investments have been the preferred mode of ... -
Towards an effective protection for independent adolescent migrants in Africa
(University of Western Cape, 2019)Every year approximately 33 million children leave their home countries and cross international borders seeking refuge from war, instability, ethnic conflicts, natural and man-made disasters, and extreme poverty. Among ... -
The impact of legal process outsourcing in South Africa
(University of Western Cape, 2020)Legal Process Outsourcing (LPO), the act of sending legal work to an offshore destination or onshore to another location within the same country by a law firm or legal department to a legal outsourcing company, has ... -
Entrenching the right to regulate in the international investment legal framework: The African experience
(University of Western Cape, 2019)The existing traditional international investment law regime which is largely based on the conventional European and North American Model Bilateral Investment Treaties (BITs) has come under intense criticism. The argument ... -
Inhuman sentencing of children: A foucus on Zimbabwe and Botswana
(University of Western Cape, 2020)The prevalence of corporal punishment and life imprisonment sentences for children in Africa is tied to their legal history. Colonialism had an extensive impact on the criminal law of most African States, including the ... -
The centre cannot hold: The role of subnational governments in policing in South Africa
(University of Western Cape, 2019)South Africa continues to experience one of the highest crime rates in the world. Crime is unevenly distributed, and the police are not trusted by the majority of citizens. The power and responsibility for policing lies ... -
Decentralisation and Recentralisation in Anglophone Southern Africa: Factors driving the EBB and flow of power
(University of the Western Cape, 2020)Literature on multilevel government is replete with the virtues of decentralisation as a governing model. As a result, the discourse of decentralisation has found its way into the constitutions, legislation and policy ... -
The interface between customary laws of succession in the traditional justice system and the formal justice system in
(UWC, 2020)Traditional justice systems (TJS), which apply African customary law (ACL), play a significant role in the regulation of various cultural, social, and economic spheres of individual lives in society. It is estimated that ... -
Facilitating intra-regional trade through the movement of people in the Southern African development community (SADC).
(University of the Western Cape, 2019)Regional integration has been part of Africa’s overarching strategy for economic transformation. To further enhance sustainable development and economic growth, in the African continent intra-regional trade is equally ... -
Food security and local government in South Africa: the role of municipalities in a food systems approach.
(University of the Western Cape, 2019)Realising the right to food in South Africa requires more than an increase in food supply. Instead it requires the structural causes that give rise to food insecurity be addressed. This is argued to compel the state to ... -
Prosecuting the three core crimes: Complementarity in light of Africa’s new international criminal Court.
(University of Western Cape., 2019)The principle of complementarity forms the basis upon which the International Criminal Court (ICC) exercises its jurisdiction. This principle of international law first appears in the Preamble to the Rome Statute and ... -
The African court on human and peoples’ rights: a test of African notions of human rights and justice
(University of the Western Cape, 2019)The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until ...