Faculty of Law: Recent submissions
Now showing items 21-40 of 952
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An analysis of the legal framework on gender discrimination and women’s rights to property in Nigeria: a case study of the Igala people
(University of the Western Cape, 2023)Although Nigeria is a signatory to several international, regional, and homegrown legal instruments seeking to promote the rights of women, like; the Convention on the Elimination of all Forms of Discrimination against ... -
Promoter liability and protection of third party rights in terms of pre-incorporation contracts under South Africa’s companies act 2008
(University of the Western Cape, 2023)Protecting the interests of a promoter, third-party, and a company in pre-incorporation contracts can be a complex issue as it involves legal considerations and potential conflicts of interest. The challenge arises because, ... -
Special economic zones as gateway for sustainable foreign direct investments in Kenya: towards a special regime in labour regulation
(University of the Western Cape, 2024)The role of Special Economic Zones (SEZs) in promoting foreign direct investment (FDI) cannot be gainsaid. In particular, developing and least developed countries have been keen on attracting FDIs through SEZs as a way of ... -
Rethinking international investment agreements in the face of covid-19: need for the incorporation of a force majeure clause?
(University of the Western Cape, 2023)Covid-19 was first detected in December 2019 in Wuhan, China, and since its detection the pandemic had a disastrous effect on human health and well-being globally, with far-reaching implications for international investments ... -
Regulating small cross border traders as a solution to increase intra African trade: implications of the African continental free trade area
(University of the Western Cape, 2023)Background: In January 2012, fifty-four African countries agreed to establish the African Continental Free Trade Area (AfCFTA) during the 18th Ordinary session of the assembly of heads of state and government of the African ... -
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in chipinge and chimanimani districts of Zimbabwe
(University of the Western Cape, 2024)Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s ... -
An Assessment of South Africa’s Intergovernmental Relations System as a Response to the Covid-19 Pandemic
(University of the Western Cape, 2024)South Africa was among the numerous nations impacted by the Covid-19 pandemic. The health systems in every nation were overhauled because of this pandemic, which claimed countless lives. The pandemic in South Africa, ... -
China in Africa: neocolonialism or mutual relationship?
(University of the Western Cape, 2024)As China’s investment in Africa continues to show unprecedented growth, 1questions are being raised about many aspects, including the infrastructure for ordering economic relations. The principal legal instruments that ... -
Cross border tax assistance as a framework for revenue mechanism
(University of the Western Cape, 2023)A national tax authority i.e., SARS has a wide range of powers at its disposal to collect taxes that are not paid or on time or in their full amount within the borders of South Africa. The issue arises when a taxpayer ... -
Virginity testing and male circumcision: harmful practices of customary law?
(University of the Western Cape, 2006)When dealing with an issue of customary law, one has to begin by giving a definition of customary law for the purposes of understanding. Customary law is defined in the Recognition of Customary Marriages Act1 as being ... -
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. ...