Faculty of Law: Recent submissions
Now showing items 1-20 of 737
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Hungry for knowledge, hungry for bread: Realising the right to food of students in South African tertiary institutions
(University of Western Cape, 2021)Many of the disadvantaged groups which are impacted by a high burden of poverty and are thereby food insecure in South Africa, have over the years received attention from the government, resulting in many interventionist ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa.
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
Extension of social security to the informal hospitality industry workers in South Africa
(University of the Western Cape, 2020)The hospitality industry is one of the largest economic sectors in the world.1 As a result, it is one of the top employment contributors, with its Travel and Tourism sector accounting for an estimated 10.3% of global GDP, ... -
The evolving role of the company secretary and its impact on corporate governance
(University of the Western Cape, 2020)This research paper has examined whether and to what extent current legislation must be amended to make provision for the evolving role of the company secretary. The significance of the problem will be discussed by considering ... -
Forced sterilisation as a continuing violation of human rights in Africa: Possibilities and challenges
(University of the Western Cape, 2020)International standards recognise the basic right of all women and girls to make free choices about reproduction including the number if any, spacing and timing of their children without being subjected to discrimination, ... -
Revisiting the definition of a firearm in South Africa: a need for reform?
(University of the Western Cape, 2020)South Africa‟s definition of a firearm is quite broad, yet it excludes various devices that have the same lethal effects as a firearm. This is informed by the various principles that have been developed by the courts in ... -
Using fixed-term contracts of employment subsequent to the introduction of section 198 in the labour relations act 66 of 1995: A study of the technical and vocational education and training sector in South Africa.
(University of the Western Cape, 2020)This study is encouraged by the fact that the field of labour law has drastically changed after enactment of amendments in various labour legislation such as Employment Equity Act, Basic Conditions of Employment Act and ... -
An overview of the regulation and management of cryptocurrency in South African inter vivos and testamentary trusts.
(University of the Western Cape, 2021)Our lives, work, and behaviour have been changed both positively and negatively by the digital presence that has grown tremendously over the last three decades, and with this exponential growth, we cannot predict where we ... -
The dispute prevention and resolution systems in Namibia
(University of the Western Cape, 2021)The resolution of disputes, including unfair dismissal disputes under the Labour Act 2007 is being criticised for being too complex, inefficient, protracted, expensive, and highly legalistic. This thesis would denote that ... -
“Compliance and enforcement: The Legal Suitability of the Utilisation of Criminal Sanctions in South African Environmental Law”
(University of the Western Cape, 2020)In this thesis I analysed the suitability and effectiveness of the criminal sanction with regards to compliance and enforcement in South African environmental law. My central argument is that the criminal sanction is not ... -
The duty to disclose personal financial interest and its implications on good corporate governance and company efficiency with specific reference to SOC’s
(University of the Western Cape, 2021)The common law duties have been preserved by the partial codification of the duties of directors in terms of the Companies Act of 2008 (‘2008 Act’). One such duty is the duty to disclose personal financial interest in terms ... -
The North –South divide in international environmental law after the Paris agreement
(University of the Western Cape, 2021)Global climate change is a serious, severe, and potentially irreversible problem. If no actions are taken to curb greenhouse gas emissions, global temperatures and sea levels will rise, wreaking havoc on earth, particularly ... -
The North –South divide in International Environmental Law after the Paris Agreement
(University of the Western Cape, 2020)Global climate change is a serious, severe, and potentially irreversible problem. If no actions are taken to curb greenhouse gas emissions, global temperatures and sea levels will rise, wreaking havoc on earth, particularly ... -
An analysis of the Zimbabwean money laundering and proceeds of crime amendment act of 2018
(University of Western Cape, 2020)Financial crimes are transnational in nature, and no country is immune from them. They are an international problem that can best be solved through international cooperation on a global scale. It is therefore necessary to ... -
Do existing laws in South Africa hold directors personally liable for environmental transgressions?
(University of the Western Cape, 2020)The number of environmental offences taking place continues to increase each year. Despite the special position of responsibility occupied by directors as the ‘directing mind and will’ of the companies responsible for the ... -
An Analysis of the Critical Shortcomings in South Africa’s Anti-Money Laundering Legislation
(University of the Western Cape, 2017)From failing to arrest and surrender Sudanese President Omar Al-Bashir1 in accordance with its obligations under the Rome Statute of the International Criminal Court2 (Rome Statute), to its President acting inconsistently ... -
Comparative analysis of temporary employment services in South Africa, particularly labour brokers
(UWC, 2020)In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to ... -
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)The so called business judgment rule (hereinafter referred to as ―the BJR or the rule‖) that serves to protect directors from liability for negative consequences of honest, reasonable business decisions that went wrong, ... -
Sexual and gender-based violence in international refugee law- examining whether women are effectively protected
(University of Western Cape, 2021)Refugee women experience the full spectrum of Sexual and Gender-based Violence (SGBV) throughout the refugee experience. SGBV is a global crisis that refugee women are subjected to daily. Refugee women face SGBV in their ...
