Department of Public Law and Jurisprudence
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The Department of Public Law and Jurisprudence prides itself on the extensive variety of courses it offers, both at undergraduate and postgraduate level, as well as its strong record of high quality research. In addition to the courses that are traditionally regarded as falling within public law and jurisprudence the Department presents a diverse menu of elective courses including, among others, Advanced Public Law, Environmental law, Gender Law, Immigration and Refugee Law, and the South African Bill of Rights.
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Recent Submissions
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The art of counting fish: An analysis of the potential regulation of marine fisheries in areas beyond national jurisdiction
(University of the Western Cape, 2022)The 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) is ineffective in ensuring the conservation and long-term sustainability of marine fisheries in Areas beyond national Jurisdiction (ABNJ). This is a ... -
Corruption and the judiciary: A critical study of Uganda
(University of Western Cape, 2021)Corruption, or ‘the abuse of entrusted power for private gain’,1 has been identified by the World Bank as one of the greatest obstacles to economic and social development.2 In Uganda, widespread corruption limits access ... -
The right to identity in the context of embryo donation
(University of Western Cape, 2021)In this research, I seek to investigate the extent to which the South African Legislature and the international community recognises the right to identity of a child born through embryo donation. First, I carefully examine ... -
Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges
(University of the Western Cape, 2014)In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural ... -
“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 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 ... -
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 ... -
The Illusion of the Rainbow Nation: The Unconstitutionality of Racial Classification?
(University of the Western Cape, 2020)In societies emerging from segregation or division based on the biological factors of race and/ or colour, the centrality (or lack thereof) of race and colour within those legal systems plays a critical role in the progression ... -
‘Public participation and environmental law: A South African perspective’
(University of Western Cape, 2019)The Constitution of the Republic of South Africa ‘despite being one of the world’s most liberal constitutions, South Africans still have no transparent and participatory mechanisms for deciding democratically on the ... -
The link between gender inequality and food security among female students at tertiary institutions in South Africa
(University of Western Cape, 2019)This study explores the nexus between gender inequality and food security through the lens of female students at tertiary institutions in South Africa. It aims to highlight the gendered dimensions of the political, ... -
Rights of the child and Euthanasia in the context of South Africa
(University of Western Cape, 2020)Euthanasia is controversial topic that attracts conversations on grounds of fundamental human rights and freedoms. The opinions of legal scholars are inconsistent because while some view euthanasia as a gross violation ... -
Meeting obligations but failing hopes? An investigation into South Africa’s obligation to realise the Human right to sanitation in Rural schools
(University of Western Cape, 2019)In South Africa, notwithstanding 25 years into democracy, the constitutional commitment to socio-economic transformation of post-apartheid South Africa remains unfulfilled and unrealized by the vast majority of its ... -
Changing the traditional role of the Auditor general: Is the Public Audit Amendment Act constitutional?
(University of Western Cape, 2020)The majority of South Africa’s 257 municipalities are in a dire state as evidenced by the recent reports of the Auditor-General (AG). 1 The Minister of Cooperative Governance and Traditional Affairs revealed that only ... -
Space Debris and the BRICS countries: The role of international Environmental Law.
(University of Western Cape, 2019)Environmental Law is at the forefront of the global community and environmental protection and conservation is regarded as of the utmost importance.1 Outer Space is a unique, limited, and valuable resource. Outer space ... -
Does the involvement of third parties in surrogacy agreements raise the risk of exploitation of prospective surrogates and prospective parent(s)?
(University of Western Cape, 2019)Surrogacy on many occasions is referred to a million-dollar industry. Just like many countries, South Africa has prohibited commercial surrogacy, thus South Africa only permits altruistic surrogacy. The prohibition has ... -
Minority language rights in Namibia: An international human rights perspective
(University of Western Cape, 2019)Namibia is home to a number of linguistic minorities. According to the 2011 census, the Owambo constitute 49.35 per cent of the population, accounting for almost half of the country’s total population.1 The rest of the ... -
The impact and constitutionality of the proposed National Health Insurance scheme with regard to the provision of health services by subnational governments
(University of Western Cape, 2020)In South Africa, there are two health systems through which health services are delivered,1 namely private and public. These two systems were inherited from the apartheid regime.2 With South Africa’s political change from ... -
Financial freedom in mobile money: the role of the central bank in Zimbabwe
(University of Western Cape, 2020)This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe ... -
Decentralisation and constitutionalism in Africa: A comparative analysis of South Africa and Zimbabwe
(University of the Western Cape, 2020)Since the early 1990s, the move towards decentralisation has been given prominence in African constitutions. Countries that embarked on ambitious decentralisation processes had to make the necessary constitutional reforms. ... -
The role of the Auditor-General in the promotion of efficient financial management in municipalities: a case study of the North West province
(University of the Western Cape, 2020)That South African municipalities, in vast majority, are experiencing serious financial problems is well-known to anyone with an interest in local government sector. Given that, the study considers the role of the ...
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