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Now showing items 21-30 of 41
The role of international human rights law in guiding the interpretation of women's right to be free from violence under the South African constitution
(University of the Western Cape, 2010)
The thesis firstly looks at how women's right to freedom from violence has developed in international (global) human rights law since the early 1990s. In this regard, the study finds that while the issue of violence against ...
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 ...
Local government finance under Zambia's 2016 constitution
(University of the Western Cape, 2018)
When Zambia got its independence in 1964, there was neither a constitutional reference to
local government nor constitutional provisions for local government finance. However, the
new Zambian government inherited a ...
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019)
Local government is often described as the cornerstone of democratic government and it is the
level or sphere of government that is physically closest to the people.1 As a result, local
government tends to have the most ...
The duty to disclose personal financial interest and its implications on good corporate governance and company efficiency with specific reference to SOC’s
(University of the Western Cape, 2021)
The common law duties have been preserved by the partial codification of the duties of directors in terms of the Companies Act of 2008 (‘2008 Act’). One such duty is the duty to disclose personal financial interest in terms ...
The disclosure of information on medical certificates and the impact on the right to privacy
(University of the Western Cape, 2020)
Chapter 2 of the Constitution contains the Bill of Rights, which ‘enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.’1 By rights being afforded to ...
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 ...
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. ...
The Impact of South African Law on the Islamic Law of Succession
(University of the Western Cape, 2018)
South African Muslims constitute a religious minority group that is subject to dual legal
systems. In the public sphere they are bound by South African law whereas in the private
sphere are duty bound in terms of their ...
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 ...