Browsing Faculty of Law by Title
Now showing items 155-174 of 922
-
Comparative analysis of the legal framework for adoption under African customary law
(University of the Western Cape, 2022)While there is a comprehensive legal framework for the adoption of children under statutory law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption. This study explored how the ... -
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. ... -
A comparative study on dismissal by operation of law in terms of the Public Service Act: South Africa and Namibia
(University of the Western Cape, 2019)The right to fair dismissal in South Africa is prescribed in the Labour Relation Act 66 of 1995 as amended. Employees may only be dismissed on grounds of misconduct, incapacity and operational requirements. The requirements ... -
A comparative study on the implementation of the Rome statute by South Africa and Germany: a case of fragmentation of international criminal law
(2013)The Rome Statute established the International Criminal Court (ICC). It provides that the Court is complementary to national jurisdictions. This entails that the primary jurisdiction over core crimes lies at the domestic ... -
"A comparison of the Cotonou Agreement and the AGOA: trade creating or trade diverting?"
(University of the Western Cape, 2005)This thesis has attempted to provide an analysis of two legal instruments; the Cotonou Agreement and the AGOA. Specific attention was directed to these instruments impact on trade between the European Union and the United ... -
The competence of the International Criminal Court with regard to witnesses.
(University of the Western Cape, 2014)This research paper examines whether the International Criminal Court has the competence to compel the appearance of witnesses before it, and if the States Parties to the Rome Statute have an obligation to serve and enforce ... -
Competing water user sectors under a transformed South African water law: the role of local government, with a case study on the City of Cape Town Municipality
(University of the Western Cape, 2003)This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is ... -
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 ... -
“Compliance and enforcement: The Legal Suitability of the Utilisation of Criminal Sanctions in South African Environmental Law”
(University of the Western Cape, 2020)In this thesis I analysed the suitability and effectiveness of the criminal sanction with regards to compliance and enforcement in South African environmental law. My central argument is that the criminal sanction is not ... -
Compliance with international standards on compensation for occupational injuries and diseases by Zimbabwe and South Africa
(University of the Western Cape, 2015)This mini thesis provides a comparative study on two Member States of the ILO. These are, namely: South Africa and Zimbabwe. The purpose of this research is to find out whether Zimbabwe and South Africa are complying with ... -
The concept of power sharing in the constitutions of Burundi and Rwanda
(University of the Western Cape, 2005)This paper aimed to analyse the impact of power sharing on democracy. The paper also compared the approach of Burundi and Rwanda in their constitutions to the concept of power sharing. -
Conspiracy to commit genocide as understood through jurisprudence of the international criminal tribunal for Rwanda
(University of the Western Cape, 2009)ln 1995, following the atrocious crimes committed in Rwanda, the United Nations Security Council, with Resolution 955, established the international Criminal Tribunal for Rwanda (ICTR) in an effort to hold the alleged ... -
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 ... -
The constitutional and contractual implications of the application of chapter 19 of the Children's Act 38 of 2005
(University of the Western Cape, 2011)In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the ... -
Constitutional legitimacy of the Islamic law of compulsory succession within the South African context
(University of the Western Cape, 2023)The Constitutional legitimacy of the Islamic Law of compulsory succession remains a heavily contested issue since the enactment of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). South ... -
The constitutional protection of suspects in criminal cases
(University of the Western Cape, 2023)In South Africa, the state has a constitutional duty to protect its citizens. If the criminal justice system fails to achieve this objective, then its credibility is at risk and the citizens’ rights will be negated. The ... -
The constitutional status and role of selected chapter 9 institutions
(University of the Western Cape, 2022)The centuries of colonialism and apartheid that preceded the democratic transition in South Africa were characterised by such large-scale violations of human rights that the United Nations declared apartheid an international ... -
Constitutionalising the common law : considering the constitutional dispensation which affords all workers protection via section 23 of the constitution
(University of the Western Cape, 2010)The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of ...