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 ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing
(University of the Western Cape, 2018)Access to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described ... -
Meeting the minimum standards of the Palermo Protocol: The case of South Africa
(University of the Western Cape, 2019)This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive overview of the punishment, prevention of ... -
“Tax evasion as a predicate offence for money laundering”
(University of the Western Cape, 2012) -
The law and policy governing inter-basin transfers of freshwater resources in the Southern African Development Community (SADC) region
(University of the Western Cape, 2011)Water scarcity is a worldwide threat. Fresh water resources are vital to human existence and survival. The challenge faced relates to the way these water resources are being distributed and managed. As an answer to this ... -
Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)
(University of the Western Cape, 2018)In the South African local government context, municipalities are operationally governed through two arms: the political arm and the administrative arm. Both arms work simultaneously in ensuring that the municipality ... -
Human rights and international environmental law: Towards the development of an international environmental right?
(University of the Western Cape, 2018)The global state of the environment is deteriorating daily because of challenges posed by environmental degradation, including climate change. In recognition of the mounting global environmental crisis and its detrimental ... -
Bring back our girls: A human rights analysis of child abductions by Boko Haram
(University of the Western Cape, 2018)As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every ... -
Statelessness and the rights of Children in Kenya and South Africa: A Human Rights Perspective
(University of the Western Cape, 2018)Stateless children and those at risk of becoming stateless has been an ongoing issue both on a domestic level as well as internationally. In many African countries children face discriminatory and arbitrary nationality ... -
The challenge associated with upholding the human rights of asylum seekers during the refugee status determination process in South Africa
(University of the Western Cape, 2018)Foreign nationals regularly finds themselves seeking refuge in a host country such as South Africa. One would expect that due to comprehensive legislation ranging from national to international level, foreign nationals ... -
Democracy in action: Public participation and the progressive realisation of socio-economic rights
(University of the Western Cape, 2012)While the Constitutional Court has repeatedly enforced a duty to meaningfully engage with communities where the provision of basic social services and goods is at stake, uncertainty about the form, extent and quality of ... -
The Impact of the Legal Framework for Local Government on Building and Sustaining Coalitions in Municipal Councils
(University of the Western Cape, 2018)In any democratic society, elections are a significant mechanism for citizens to communicate with their representatives. As a result, elections provide a window of opportunity to every voter to hire or fire any political ... -
The supervision of local government in Zambia: An imbalance between supervisory powers and local autonomy?
(University of the Western Cape, 2018)Since gaining independence in 1964, Zambia has embarked on a number of reforms, including legislative, aimed at improving the effectiveness of its decentralised system of government. Local government received constitutional ... -
The decentralisation of powers and functions to local government under the 2016 Constitution of Zambia.
(University of the Western Cape, 2018)At independence in 1964, the United National Independence Party (UNIP)-led government in Zambia was, among other things, confronted with the challenge of transforming an inherited dual, undemocratic, racist and exploitative ... -
Decentralisation in Zambia: An analysis of local democracy.
(University of the Western Cape, 2018)Zambia has had a system of local government whose origin can be traced back to the colonial era. This system of local government, which is comprised by local authorities, did not have constitutional recognition. The 1996 ... -
How can the rights of paying consumers to electricity be squared with the rights of Eskom to be paid?'
(University of the Western Cape, 2018)Electricity supply can be classified into three stages namely: generation, transmission and distribution, with the functions of generation and transmission being carried out by Eskom. In 2001, Eskom was converted from a ... -
An analysis of the amalgamation and merger procedure in South African company law
(University of the Western Cape, 2017)Prior to 2010, as a result of a sluggish global economy, the amalgamation and merger procedure in South Africa was active although it was at an all-time low.1 However, in 2010, there was an increase in amalgamation and ... -
The responsibility to protect in the context of the NATO intervention in Libya in 2011: a human rights analysis
(University of the Western Cape, 2017)The international human rights architecture experienced a shift from states to individual rights within a state. This is mainly informed by the fact that states committed human rights atrocities against their own civilians. ... -
Representation of ethnic groups in subnational political institutions: The case of the Democratic Republic of Congo
(University of the Western Cape, 2017)With approximately 450 tribes and 250 ethnic groups in a territory of 2 345 095 km2,1the Democratic Republic of Congo (DRC) is one of the world's largest, populous, and multiethnolinguistic countries. Since the departure ...
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