Department of Private Law
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The Department of Private Law provides the foundation stone on which the entire edifice of the law stands. The Department continues to fulfil this role at undergraduate level and is continually expanding the range of its post-graduate offerings.
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Examining the South African competition law enforcement institutional framework: Lessons for Sierra Leone
(University of Western Cape, 2021)Trade liberalisation, free-market system, privatisation and deregulation have become major steps taken by individual countries to accelerate economic growth. This trend has made competition law and its enforcement institutional ... -
Feminist approach to Ukuzila custom under the new South African constitutional dispensation
(University of the Western Cape, 2021)This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was ... -
Prospects of formal regional stock exchange in the East African community: legal and regulatory considerations
(2021)The East African Community (EAC) is among the eight regional economic communities recognised under the platform of the African Union.1 What has transformed to become the EAC was initially founded in 1967 with the name ... -
Examining the link between economic development and the enforcement of socio-economic rights in Africa: A case study of South Africa and Nigeria
(University of Western Cape, 2021)This year marks 57 years since Organisation of African Unity (OAU) was formed on 25 May 1963 in Addis Ababa, Ethiopia. This year also marks 18 years since the African Union (AU) was formed on 9 July 2002 in Durban, South ... -
Counteracting the misuse and abuse of subsidies and SPS measures in the EU and USA: Solutions for South Africa
(University of the Western Cape, 2014)It has been held that agricultural domestic support would not be such a contentious issue if its only effect was the benefit of local farmers, but this is not the case.1 It was found that several forms of domestic support ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa.
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
An overview of the regulation and management of cryptocurrency in South African inter vivos and testamentary trusts.
(University of the Western Cape, 2021)Our lives, work, and behaviour have been changed both positively and negatively by the digital presence that has grown tremendously over the last three decades, and with this exponential growth, we cannot predict where we ... -
False advertising and consumer protection in South Africa
(University of the Western Cape, 2020)Deceptive advertising, which is also known as false advertising, refers to a manufacturer making use of confusing, misleading, or blatantly untrue statements to promote a particular product or service. The phrase ‘false, ... -
A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman
(University of Western Cape, 1991)As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ... -
Assessing the independence and credibility of the national prosecuting authority
(University of the Western Cape, 2019)Members of the National Prosecuting Authority (NPA) are required to be dedicated to the rule of law. Yet, recent and past decision-making has caused instability in the functioning of the NPA. The decision to prosecute ... -
An analysis of the legal challenges experienced by offenders with hearing and/or speech impairment in the South Africa criminal justice system
(University of the Western Cape, 2019)This study identifies and analyses legal impediments faced by certain offenders who have impaired speech and hearing in the criminal justice system. It focuses on some of the challenges which arise during the pre-trial ... -
Exploring the possibilities of relaxing the privity principle of contract to accommodate the interests of third parties in South Africa
(University of the Western Cape, 2018)This thesis investigates the possibility of relaxing the privity principle of contract to accommodate the interests of third parties in South Africa. It explores concepts relating to the doctrine of privity as well as the ... -
The legal protection of sound, scent and colour marks in South Africa: Lessons from the European Union and the United States of America
(University of the Western Cape, 2018)A trade mark is defined as a sign that is capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trade marks, copyright, patents and designs are some of the forms of intellectual ... -
"Co-management agreements with subsistence fishing communities as a means for promoting sustainable use and conservation of marine living resources in South Africa"
(University of the Western cape, 2011) -
The Bill of Rights as the cornerstone of environmental justice in South Africa : an analysis of section 24
(University of the Western Cape, 2015) -
Female genital mutilation as a human rights issue : examining the law against female genital mutilation in Tanzania
(University of the Western Cape, 2012) -
Non-formalised cohabitation : does the Swedish model of statutory regulation provide a solution for South Africa?
(University of the Western Cape, 2015)South Africa has come a long way from the rigid family structures which existed in the past. This is demonstrated by the recognition afforded to couples in same-sex relationships as well as those in customary marriages. ... -
An assessment of the legal framework on the protection of girls from child marriages in Malawi
(University of the Western Cape, 2015)The aim of this study is to assess Malawi's legal framework on the protection of girls against child marriages linked to HCPs. The research is guided by the following objectives: 1. To highlight the international and ... -
The possibilities of institutional dialogue in South Africa through weak form judicial review
(University of the Western Cape, 2012)The 1996 Constitution of the Republic of South Africa is the supreme law of the Republic and in enjoying this status it is prescribing the composition of the three different arms of government as well as each branch’s ...
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