Faculty of Law: Recent submissions
Now showing items 1-20 of 639
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Examining the effectiveness of the Malawian Financial Intelligence Authority in the fight against money laundering
(University of the Western Cape, 2018)Money laundering (hereafter ML) is a multidisciplinary topic which has become important since the late 1980s. The term ‘laundering’ literally means ‘washing’ or ‘removing dirt’. It has been defined as the conversion of ... -
A revised role of good faith in the law of contract and employment contracts
(University of the Western Cape, 2019)Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has ... -
A comparative study on dismissal by operation of law in terms of the Public Service Act: South Africa and Namibia
(University of the Western Cape, 2019)The right to fair dismissal in South Africa is prescribed in the Labour Relation Act 66 of 1995 as amended. Employees may only be dismissed on grounds of misconduct, incapacity and operational requirements. The requirements ... -
The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats
(University of the Western Cape, 2019)The Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue ... -
Alternative dispute resolution in the BRICS nations: A comparative labour law perspective
(University of the Western Cape, 2019)Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available ... -
A critical analysis of the impact of Brexit on the SADC-EU EPA
(University of the Western Cape, 2019)The United Kingdom (UK) is one of the largest Member states within the European Union (EU) that receive export goods from developing countries. The UK has successfully voted to exit the EU through a referendum and this ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Prosecuting the three core crimes: Complementarity in light of Africa’s new international criminal Court.
(University of Western Cape., 2019)The principle of complementarity forms the basis upon which the International Criminal Court (ICC) exercises its jurisdiction. This principle of international law first appears in the Preamble to the Rome Statute and ... -
Municipal regulation of food and waste pickers on landfill sites in South Africa: what should municipalities (dis)allow?
(University of the Western Cape, 2019)The unemployment rate in South Africa is alarmingly high. In the year 2018, the unemployment rate was recorded at 27.2%. Many people are forced to do desperate, and even dangerous things in order to sustain themselves. ... -
Mitigating the effects of the ever-widening fiscal gap plaguing metropolitan municipalities in South Africa: A quest for an additional own-revenue source in the form of a Local Business Tax.
(2019)The prominent role of cities in contemporary developing countries, especially in South Africa, purposively cannot be overstated. Home to 40 per cent of South Africa’s population and accounting for 63 per cent of the national ... -
Realising the right to the highest attainable standard of health in the nuclear industry
(University of the Western Cape, 2019)African states are interested in the development of nuclear power (also referred to as atomic power) for the generation of electricity and desalination. These include Algeria, Egypt, Ghana, Kenya, Morocco, Namibia, Niger, ... -
Exploring the possibilities of relaxing the privity principle of contract to accommodate the interests of third parties in South Africa
(University of the Western Cape, 2018)This thesis investigates the possibility of relaxing the privity principle of contract to accommodate the interests of third parties in South Africa. It explores concepts relating to the doctrine of privity as well as the ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Statelessness as a failure of international law: a critical analysis of the effects of statelessness on gender rights
(University of the Western Cape, 2019)Statelessness is a global human rights problem affecting a vast number of individuals, families and communities worldwide. The concept of statelessness comes to existence as a conflict that was created by international ... -
Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
(University of the Western Cape, 2019)There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ... -
The African court on human and peoples’ rights: a test of African notions of human rights and justice
(University of the Western Cape, 2019)The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until ... -
Balancing trade remedies and preferential trade agreements: A South African experience
(University of the Western Cape, 2018)Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade ... -
The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa
(University of the Western Cape, 2018)South Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that ... -
The administrative autonomy of local authorities in Zambia under the 2016 Constitution
(University of the Western Cape, 2019)Zambia has, since independence in 1964, endeavoured to build an effective local government system anchored on decentralisation in an effort to attain the values and principles of democracy, autonomy and transparency. These ...
