Faculty of Law: Recent submissions
Now showing items 1-20 of 518
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Self-referrals to the international criminal court: legal analysis, case studies and critical evaluation
(University of the Western Cape, 2017)The main contributor of situations before the International Criminal Court (hereinafter ICC) has been state parties that have referred situations on their own territory to the ICC through “self-referral”. This study examines ... -
The people shall govern: Constituent power and the South African Constitution
(University of the Western Cape, 2017)The South African negotiations process, in the true spirit of classical liberalism, emphasised juridical continuity, legality, and gradual political change. But in spite of this and the fact that South Africa’s constitution-making ... -
An evaluation of the amended Temporary Employment Service Provisions in the South African Labour Relations Act
(University of the Western Cape, 2016) -
The 1996 Constitution and the Tax Administration Act 28 of 2011 : balancing efficient and effective tax administration with taxpayers' rights
(University of the Western Cape, 2016)Taxation is fundamental for development in South Africa (SA), a developing country with an emerging economy in which taxation is essential to capacitate the government so that it can fulfil its mandate under the Constitution ... -
An analysis of the critical shortcomings in South Africa's anti-money laundering legislation
(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) -
Piercing the corporate veil : a critical analysis of section 20(9) of the Companies Act 71 of 2008
(University of the Western Cape, 2016) -
The right of access to information for visually disabled and hearing impaired persons in South Africa
(University of the Western Cape, 2016) -
Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
(University of the Western Cape, 2016)The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime ... -
Corporate social responsibility in South Africa : how corporate partnerships can advance the sustainability agenda
(University of the Western Cape, 2016)Corporate Social Responsibility (CSR) is not a new issue. There has and will always be the need for organisations to make profits and the needs of society. CSR has been considered more strongly than ever since the early ... -
An overview of the foster care crisis in South Africa and its effect on the best interests of the child principle : a socio-economic perspective
(University of the Western Cape, 2016) -
The importance of corporate governance in South African family-owned companies : effects of ownership and board composition on performance
(University of the Western Cape, 2016) -
The Ethics and Anti-Corruption Commission of Kenya : a critical study
(University of the Western Cape, 2016) -
Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?
(University of the Western Cape, 2016)Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international ... -
A comparative analysis of community mediation as a tool of transformation in the litigation systems of South Africa and the United States of America
(University of the Western Cape, 2016) -
The effect of corruption on the 'available resources' for the right to housing as espoused by the Constitution of South Africa
(University of the Western Cape, 2016)The objective of this study was to expose how the ineffectiveness of the anti-corruption measures contributed in delaying the right to housing, as proffered by the Constitution of South Africa, to the impoverished population ... -
An evaluation of the benefit of plea and sentence agreements to an unrepresented accused
(University of the Western Cape, 2016)Section 105A of the Criminal Procedure Act is unconstitutional with regard to its failure to extend benefits to an unrepresented accused. Unlike a represented accused, an unrepresented accused cannot benefit from section ... -
Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?
(University of the Western Cape, 2016)The Islamic State of Iraq and the Levant is a jihadist militant group. The members of this militant group have committed criminal acts of unspeakable cruelty. These staggering criminal conducts are documented by the United ... -
The enforceability of international surrogacy in South Africa : how would a South African court proceed in determining an international surrogacy case?
(University of the Western Cape, 2016)In this research, I sought to investigate the extent to which South Africa recognises international surrogacy agreements. I examined Chapter 19 of the Children's Act as the first legislation to afford surrogate motherhood ...
