Faculty of Law: Recent submissions
Now showing items 1-20 of 665
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An analysis of trademark infringement by dilution under South African law
(University of the Western Cape, 2020)The rights relating to a trademark are said to be found in the fact that proprietors have acquired goodwill and a repute in their mark. Trademark law has always protected that aspect of what a trademark embodied, inter ... -
Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala
(University of the Western Cape, 2020)Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family ... -
Financial freedom in mobile money: the role of the central bank in Zimbabwe
(University of Western Cape, 2020)This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe ... -
An analysis of the South African legislative framework for the reintegration of sentenced adult male offenders.
(University of the Western Cape, 2019)South Africa has one of the highest crime rates in the world. The state aims to reduce the prevalence of crime mainly by sentencing offenders to imprisonment. In turn the goal of imprisonment is to rehabilitate offenders ... -
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 role of the Auditor-General in the promotion of efficient financial management in municipalities: a case study of the North West province
(University of the Western Cape, 2020)That South African municipalities, in vast majority, are experiencing serious financial problems is well-known to anyone with an interest in local government sector. Given that, the study considers the role of the ... -
Criminalisation of sex work as a human rights violation against women in South Africa
(University of the Western Cape, 2020)There is considerable and often emotive debate around the topic of sex work. Sex work is either criminalised, decriminalised, or legalised depending on the country. In South Africa, sex work is criminalised in section ... -
Corporate criminal liability in South Africa
(University of the Western Cape, 2019)Criminal law defines certain standards of human behaviour as crimes, which is inherently linked to culpability and requires proof of an accused's mental state and is enforced through a system of state punishment. As 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 ... -
Effects of multiple trade unions in public institutions of South Africa: The case of Ekurhuleni East Technical and Vocational Education and Training College
(University of the Western Cape, 2019)The power and influence of unions in South Africa is often associated with creating maximum beneficiation for their members. This is based on their ability to, among other things, mobilise industrial action and represent ... -
Consumer protection in the Kenyan financial sector: A case for a Twin Peaks model of financial regulation
(University of the Western Cape, 2019)The dynamic character of the financial services industry necessitates frequent appraisal of the regulation of the sector. The main objectives for regulation of the financial sector include financial stability, promotion ... -
An assessment of assets declaration by public officers as an anti-corruption measure in Nigeria
(University of the Western Cape, 2019)Although corruption is a global problem, its nature, extent and consequences in Nigeria are alarming. Nigeria has a plethora of laws, policies and institutions that have been put in place by the government to keep corruption ... -
The role of anti-corruption laws and institutions in curbing illicit financial flows from Kenya study
(University of the Western Cape, 2018)The concept of the illicit movement of money aimed at concealing illegal activities and evading taxes is not new. However, the global community first used the term “illicit financial flows” (IFFs) in the 1990s and ... -
A critical evaluation of the Zimbabwe Anti-Corruption Commission
(University of the Western Cape, 2019)Corruption generally is regarded as one of the most serious obstacles to development. It is endemic in many African countries and is being blamed increasingly for weak economic growth, high socio-economic inequalities ... -
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 ... -
A critical examination of the law relating to cyber-crime in Uganda
(University of the Western Cape, 2019)Over the last two decades, the world has evolved to an e-era, wherein internet and other digital technologies have become key platforms for the world population, including Ugandans, to enjoy their rights of expression, ... -
The importance of Bilateral Investment Treaties in relation to the protection and promotion of investment in Africa
(University of the Western Cape, 2019)There is a growing concern around new patterns of negotiating international investment agreements vis-a-vis the recent withdrawals from Bilateral Investment Treaties (BITs) by developing countries. In recent times, the ... -
A critical assessment of the Ethiopian civil forfeiture law
(University of the Western Cape, 2019)Economic crimes pose a serious problem to the international community as a whole. Crimes, such as corruption, money laundering, terrorist financing, cybercrime and drug trafficking constitute obstacles to the development ... -
Facilitating intra-regional trade through the movement of people in the Southern African development community (SADC).
(University of the Western Cape, 2019)Regional integration has been part of Africa’s overarching strategy for economic transformation. To further enhance sustainable development and economic growth, in the African continent intra-regional trade is equally ... -
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 ...
