Browsing Faculty of Law by Title
Now showing items 257-276 of 952
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The (de) criminalisation of sexual conduct between same-sex partners: a study of Namibia, South Africa and Zambia
(University of the Western Cape, 2012)The main objective of this paper is to explore the legal status of sodomy laws in three African states (South Africa, Zambia and Namibia) from an international human rights perspective. The paper presents an argument that ... -
The death penalty in Zimbabwe: a human rights perspective
(University of the Western Cape, 2014)There has been an ongoing debate on the abolishment of the death penalty in Zimbabwe. The public, non-governmental organisations and human rights activists need clarity as to the effectiveness, justification and purpose, ... -
The debate on sexual minority rights in Africa: A comparative analysis of the situation in South Africa, Uganda, Malawi and Botswana'
(University of the Western Cape, 2010)Gays, lesbians,2 and laws that criminalise homosexuality3 in Africa have been the subject of heated public debate in recent times.a Criminalisation and attempts at re-criminalisation of homosexuality in some African ... -
Decentralisation and constitutionalism in Africa: A comparative analysis of South Africa and Zimbabwe
(University of the Western Cape, 2020)Since the early 1990s, the move towards decentralisation has been given prominence in African constitutions. Countries that embarked on ambitious decentralisation processes had to make the necessary constitutional reforms. ... -
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 ... -
Decentralisation as a tool in managing the ethnic question: a case study of Uganda
(University of the Western Cape, 2011) -
Decentralisation in SADC countries :transformation and challenges of decentralisation
(University of the Western Cape, 2004)This study focussed on the transformation of the institutions of local government from deconcentration, delegation to devolution. This transformation can be looked at starting with the institutions inherited from the ... -
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 ... -
Decentralisation in Zambia: An analysis of local democracy.
(University of the Western Cape, 2018)Zambia has had a system of local government whose origin can be traced back to the colonial era. This system of local government, which is comprised by local authorities, did not have constitutional recognition. The 1996 ... -
Decentralisation, development and accommodation of ethnic minorities: the case of Ethiopia
(University of Western Cape, 2012)Decentralisation of political, financial, and administrative powers to sub-national units has been, and remains to be, a major trend in both developing and developed states. Very often decentralisation is not optional ... -
The decriminalisation of prostitution in South Africa : towards a legal framework
(University of the Western Cape, 2010)This mini-thesis seeks to provide a substantiation for the need for a new legal framework for South Africa in order to address prostitution. It will argue that the current legal framework has failed in its desired aims and ... -
Deductions from employees’ remuneration: seeking clarity in the law
(2009)Sectoral Determination 9,1 Wholesale and Retail Sector echoes the wording found in the Basic Conditions of Employment Act2 when it comes to the section pertaining to deductions from employees’ remuneration. It is unclear ... -
Defining the concept "Fiduciary Duty" in the South African law of trusts
(University of the Western Cape, 2006)An aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position ... -
Defining the limits of parliament's powers to intervene in the Exclusive provincial schedule 5 competences in terms of section 44(21of the constitution of south africa act, act no.108 of 1996, With reference to the liquor bill case
(UWC, 2000)Constitutional law prescribes how power is exercised by the different branches of government and organs of state. ln a federal state or a unitary state in which there is a devolution of power to the regions, the allocation ... -
Democracy in action: Public participation and the progressive realisation of socio-economic rights
(University of the Western Cape, 2012)While the Constitutional Court has repeatedly enforced a duty to meaningfully engage with communities where the provision of basic social services and goods is at stake, uncertainty about the form, extent and quality of ... -
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 determinants of the child’s best interests in relocation disputes
(University of the Western Cape, 2015)This thesis explores the factors that our courts take into account in determining what would constitute the best interests of the child in granting or refusing relocation applications. This study deals with the formulation ... -
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 ... -
Developing a regional competition regulatory framework in the Southern African Development Community (SADC)
(University of the Western Cape, 2015)This study aims to evaluate the prospective benefits and challenges of developing a regional competition regulatory framework in SADC. Further, the study seeks to identify important lessons from the EU and COMESA that ... -
Developing a sound legal and regulatory framework for special economic zones in Malawi
(University of the Western Cape, 2019)Export Processing Zones (“EPZs”) were introduced in Malawi in 1995. EPZs are one of several types of Special Economic Zones (“SEZs”). The legal and regulatory framework for the Malawi EPZs was established by the Export ...