Faculty of Law: Recent submissions
Now showing items 1-20 of 922
-
Implementing the spatial planning and land use management act of 2013: an examination of the intersection of the role of traditional leaders and municipalities in spatial planning and land use management.
(University of the Western Cape, 2023)This study examines the intersection of the role of traditional leaders and municipalities in spatial planning and land use management. More specifically, the study interrogates the factors which led to tension and conflict ... -
An assessment of the laws that aim to protect employees against discrimination on the ground of disability: a comparative analysis
(University of the Western Cape, 2023)South Africa is known for its history of unfair discrimination. During apartheid persons with disabilities, women and black people were subjected to unfair discrimination and research shows that this is still the case. ... -
Rethinking the institutional structure of financial regulation in an era of fintech: the Nigerian case
(University of the Western Cape, 2023)The study explores why and how to adapt the institutional structure of financial regulation to address the risks, changes, and regulatory challenges of financial technology (Fintech). Drawing on authoritative literature ... -
A reasonable expectation of indefinite employment upon the expiry of a fixed-term employment contract
(University of the Western Cape, 2023)Section 186(1)(b)(ii) of the Labour Relations Act 66 of 1995 (LRA), as amended, came into effect on 1 January 2015. This section provides the special right, of an employee, to claim dismissal based on a reasonable expectation ... -
The constitutional protection of suspects in criminal cases
(University of the Western Cape, 2023)In South Africa, the state has a constitutional duty to protect its citizens. If the criminal justice system fails to achieve this objective, then its credibility is at risk and the citizens’ rights will be negated. The ... -
The principle of universalism in international criminal law: a case study of the situation in Sudan
(University of the Western Cape, 2023)This thesis aims to explore the evolution and practical application of the universal jurisdiction principle within the International Criminal Court (ICC). It will focus on the challenges presented by the reluctance and or ... -
The effectiveness of the South African critical skills visa in comparative perspective
(University of the Western Cape, 2023)There are notable skill shortages in South Africa. This thesis explores the reasons behind the skills shortages, including the impact of apartheid on education, brain drain, brain waste, and lack of apprenticeships. ... -
Public-private partnerships as enablers of investment and infrastructure development in Africa: a South African perspective
(University of the Western Cape, 2023)Governments in sub-Saharan Africa cannot afford the enormous challenge of creating worldclass infrastructure to satisfy the rise in citizen demand and maintain and update the current infrastructure assets. This is a result ... -
Commercial ostrich farming: a critical analysis of South Africa’s flightless animal welfare and well-being legislation
(University of the Western Cape, 2023)Game farming is becoming an increasingly lucrative industry. The owning of game animals and farms has been around for decades and has increased significantly. This situation is illustrated by the fact that in 2019 there ... -
Promoting and facilitating development through private sector inclusion under the Africa Continental Free Trade Agreement (AFCFTA) legal and institutional framework
(2023)Free Trade Agreements (FTAs) have been fronted as vehicles for economic development by various scholars and economic organisations at large. But what is development? This is an important question which must be answered. ... -
Children's right to consent to medical treatment and a consideration of the changes effected in the Children's Bill B70 D of 2003
(University of the Western Cape, 2006)Children's rights to consent to medical treatment and the balancing of parental rights have become the focus of much debate in South Africa over the last few decades. Issues concerning the age at which children can consent ... -
A critical analysis of some of the complexities of implementing transitional justice in Sudan after the genocide in Darfur
(2023)In recent decades, the lives of millions of civilians have been devastated in the Darfur region in western Sudan, by the attacks of the militia Janjaweed, with the support of the government army under the supervision of ... -
Examining the effectiveness of the Corporate Leniency Policy in combating cartels under the Competition Act in South Africa with specific reference to directors’ liability.
(2024)The economy is harmed by the behaviour of a director that engages in anticompetitive behaviour in the sense that consumers may suffer the economic consequences in the form of having lesser buying power. This restricts ... -
Variations in the adoption of children: African versus Western Jurisprudence
(2024)During the colonial era, South Africa's indigenous normative order was subjugated by European laws, which led to a distortion of indigenous laws and the perception that Western jurisprudence was the supreme law. However, ... -
The role of international law in juvenile justice Reform in south africa
(UWC, 2001)This t hesis w ill seek to trace and to analyse the impact of international chi ldren's rights law upon the process of juvenile justice reform in South Africa during the past decade. As documented more fully in Chapter 2 ... -
Evaluating South Africa’s accession to the World Trade Organisation Government Procurement Agreement (WTO GPA).
(University of the Western Cape, 2024)South Africa’s participation in international agreements is governed by s231 of the Constitution of the Republic of South Africa, 1996.1 This section states that the negotiation and signing of all international agreements ... -
The appointment of a SARS official as facilitator in alternative dispute resolution proceedings: is it a violation of a taxpayer’s right under section 34 of the Constitution?
(2024)In each year of assessment, qualifying taxpayers are, by virtue of the relevant provisions of the Income Tax Act 58 of 1962 read with the Tax Administration Act 28 of 2011 (‘TAA’), required to submit an income tax return ... -
Invisible children: the rights of domestic child workers in South Africa
(University of the Western Cape, 2023)This research paper focuses on the violation of the rights of children aged 16–17 who are school dropouts and employed as domestic workers in South Africa. This is a violation of their rights and occurs in their employment ... -
A critical analysis of political corruption within the executive and the role of the constitution
(University of the Western Cape, 2023)The achievement of constitutionalism in South Africa is often applauded for its pivotal liberation that it laid upon individuals through bureaucracy, human rights, institutionalism, and moral science. However, there should ... -
Peacebuilding and justice in conflict: the imperative for transformative justice in the post-war reconstruction of Chad
(University of the Western Cape, 2023)The fault lines in the implementation of transitional justice mechanisms have posed enormous challenges to peacebuilding, reconciliation, and reconstruction in many postconflict societies, particularly in the Global South. ...