Browsing Faculty of Law by Title
Now showing items 71-90 of 922
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Anti-corruption initiatives in South Africa since 1994: a critical evaluation
(2013)The legacy of apartheid may be likened to a Hydra. This mythical beast was rumoured to be large in stature, with poisonous breath. However, the trait it was better known for was that it possessed many heads and for every ... -
Anti-cyberlaundering regulation and control
(University of the Western Cape, 2010)This paper is inspired by the ills borne out of the internet. The internet has become a modern day tool for criminals seeking to conceal the proceeds derived from their crime, hence the problematic notion of cyberlaundering. ... -
The anticipated impact of GATS on the financial service industry in Africa
(University of the Western Cape, 2007)This study was on the anticipated impact of GATS on the financial services industry in Africa. The paper examined the possible positive and negative impact of the GATS agreement on the financial services industry in the ... -
Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
(University of the Western Cape, 2005)The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that ... -
The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa : foreign precedents and local choices
(University of the Western Cape, 2016) -
The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa: foreign precedents and local choices
(University of the Western Cape, 2016)The so called business judgment rule (hereinafter referred to as ―the BJR or the rule‖) that serves to protect directors from liability for negative consequences of honest, reasonable business decisions that went wrong, ... -
The appointment of a SARS official as facilitator in alternative dispute resolution proceedings: is it a violation of a taxpayer’s right under section 34 of the Constitution?
(2024)In each year of assessment, qualifying taxpayers are, by virtue of the relevant provisions of the Income Tax Act 58 of 1962 read with the Tax Administration Act 28 of 2011 (‘TAA’), required to submit an income tax return ... -
Appraisal of South Africa’s legislative adoption of the twin-peaks system in light of international experiences
(University of Western Cape, 2021)The 2007-2008 global financial crisis demonstrated the weakness of a light-touch financial regulatory system. The global financial crisis thus formed the basis for countries to reconsider a model of financial regulation ... -
An appraisal of the anti-money laundering regime in Zimbabwe
(University of the Western Cape, 2021)Annually, money laundering costs global financial markets $2.5 trillion. Money laundering is especially problematic in that it results in a plethora of socioeconomic problems including poor economic performance and an ... -
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 ... -
Are employees suffering from depression in the South African workplace protected by the existing disability provisions within employment law?
(University of the Western Cape, 2017)Depression is a mood disorder that negatively affects the way in which a person feels about himself or herself. This can ultimately affect an employee's ability to work, through reducing his or her capabilities to perform ... -
Are traditional African practices relating to child marriages in the face of HIV/AIDS in violation to the South African legal framework?
(University of the Western Cape, 2015)The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage ... -
The art of counting fish: An analysis of the potential regulation of marine fisheries in areas beyond national jurisdiction
(University of the Western Cape, 2022)The 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) is ineffective in ensuring the conservation and long-term sustainability of marine fisheries in Areas beyond national Jurisdiction (ABNJ). This is a ... -
Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)
(University of the Western Cape, 2018)In the South African local government context, municipalities are operationally governed through two arms: the political arm and the administrative arm. Both arms work simultaneously in ensuring that the municipality ... -
Assessing the impact of the 2016 constitution on intergovernmental relations in Zambia.
(University of the Western Cape, 2018)Decentralisation is the transfer of power, responsibilities, capacities and resources from the centre to the sub-units of the government. The main objective is to foster the capacity of local government to deliver services ... -
Assessing the implementation of the Convention on the Rights of the Child in Lusophone Africa (Angola and Mozambique)
(University of the Western Cape, 2012) -
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 ...