Faculty of Law: Recent submissions
Now showing items 1-20 of 780
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A review of the legal measures to protect indigenous culture in South Africa
(University of Western Cape, 2021)Globalisation has enabled the different countries of the world to be connected to each other irrespective of geographical constraints or time zones. Such connectivity has resulted in more than just an economic exchange, ... -
Revolutionising cross-border remittances; A legal framework for mobile money interoperability in Southern Africa
(University of Western Cape, 2021)Regiоnаl trаde, investment аnd crоss-bоrder remittаnces аre аll criticаl cоmpоnents оf ecоnоmic аnd sоciаl develоpment in the Sоuthern Аfricаn Develоpment Cоmmunity (SАDC) regiоn.1 Crоss bоrder remittаnces аre а mаin аnd ... -
The Effect of Social Media on the Employment Relationship: Can an employer use a social media post by an employee to initiate disciplinary proceedings against that employee with a view to dismissal?
(University of the Western Cape, 2021)Over the past few years, there has been a noticeable increase of cases that the Commission for Conciliation, Mediation and Arbitration (CCMA) has dealt with relating to dismissal for social media posts by employees. Employees ... -
The Allocation and Administration of Land by Traditional Leaders in the Republic of South Africa
(University of the Western Cape, 2021)Land allocation and administration is a crucial role for traditional leaders, because it has remained one of the few de facto powers and sources of influence still available to them in their areas of jurisdictions.1 This ... -
Examining the South African competition law enforcement institutional framework: Lessons for Sierra Leone
(University of Western Cape, 2021)Trade liberalisation, free-market system, privatisation and deregulation have become major steps taken by individual countries to accelerate economic growth. This trend has made competition law and its enforcement institutional ... -
Feminist approach to Ukuzila custom under the new South African constitutional dispensation
(University of the Western Cape, 2021)This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was ... -
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 ... -
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 right to birth registration of foreign children in South Africa: A human rights perspective
(University of the Western Cape, 2021)International law explains the significance of the right to a birth certificate,1 birth registration and what it means to be a national of a specific state.2 International law also explains how important the right to birth ... -
Combating financial misconduct by ensuring the implementation of a financial literacy requirement for directors and audit committee members
(University of Western Cape, 2021)Before the 1990s, corporate governance was a very rarely used term within the business world.1 Corporations over time have become more influential, larger and more complex within the global economy; therefore to ensure ... -
Corruption and the judiciary: A critical study of Uganda
(University of Western Cape, 2021)Corruption, or ‘the abuse of entrusted power for private gain’,1 has been identified by the World Bank as one of the greatest obstacles to economic and social development.2 In Uganda, widespread corruption limits access ... -
‘Social truth’ as an approach to transitional justice in gacaca courts in post- genocide Rwanda
(University of Western Cape, 2021)This mini-thesis makes a claim that when Rwanda established the rule of Gacaca court system as a communal mechanism of transitional justice in the aftermath of the 1994 genocide, it accordingly enabled space for the ‘social ... -
The hidden truth: A critical examination of Uganda’s transitional justice legal and policy reforms on truth-seeking
(University of Western Cape, 2021)In the past, analyses of Uganda’s Transitional Justice legal and policy measures on truth-seeking have been focussed on evaluating the efficacy of a truth commission. However, being cognizant of the limitations entailed ... -
A critical analysis of South Africa’s approach to the complementarity principle under the Rome statute of the ICC
(University of Western Cape, 2021)The Rome Statute established the International Criminal Court (the ICC) in July 2002 and South Africa was one of the first signatories. South Africa incorporated this statute into its domestic law by enacting the Implementation ... -
Investigator-prosecutor collaboration: A framework for improving Namibia’s criminal justice process
(2021)Namibia, analysing models, principles and approaches of interagency cooperation to determine a suitable model for Namibia. The study was based on research questions examining the trends in the Namibian criminal justice ... -
Prospects of formal regional stock exchange in the East African community: legal and regulatory considerations
(2021)The East African Community (EAC) is among the eight regional economic communities recognised under the platform of the African Union.1 What has transformed to become the EAC was initially founded in 1967 with the name ... -
Evaluating the legal burden of good corporate governance on small and medium enterprises in South Africa in view of the Covid-19 pandemic
(University of Western Cape, 2021)In simple terms corporate governance can be defined as a system by which companies are directed and controlled by its board of directors.1 Good Corporate Governance in a company is of prime importance as it ensure the ... -
Rethinking bilateral investment treaties in Nigeria: The morocco-Nigeria bilateral investment treaty in view
(University of Western Cape, 2021)This study focuses on Re-thinking Bilateral Investment Treaties in Nigeria: The Morocco-Nigeria BIT in view. Two countries, Morocco and Nigeria, signing BITs commit themselves to several specific standards on the treatment ... -
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 ... -
The right to identity in the context of embryo donation
(University of Western Cape, 2021)In this research, I seek to investigate the extent to which the South African Legislature and the international community recognises the right to identity of a child born through embryo donation. First, I carefully examine ...
