Browsing Department of Public Law and Jurisprudence by Title
Now showing items 108-127 of 436
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The (de) criminalisation of sexual conduct between same-sex partners: a study of Namibia, South Africa and Zambia
(University of the Western Cape, 2012)The main objective of this paper is to explore the legal status of sodomy laws in three African states (South Africa, Zambia and Namibia) from an international human rights perspective. The paper presents an argument that ... -
The death penalty in Zimbabwe: a human rights perspective
(University of the Western Cape, 2014)There has been an ongoing debate on the abolishment of the death penalty in Zimbabwe. The public, non-governmental organisations and human rights activists need clarity as to the effectiveness, justification and purpose, ... -
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. ... -
Decentralisation as a tool in managing the ethnic question: a case study of Uganda
(University of the Western Cape, 2011) -
Decentralisation in SADC countries :transformation and challenges of decentralisation
(University of the Western Cape, 2004)This study focussed on the transformation of the institutions of local government from deconcentration, delegation to devolution. This transformation can be looked at starting with the institutions inherited from the ... -
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 ... -
The decriminalisation of prostitution in South Africa : towards a legal framework
(University of the Western Cape, 2010)This mini-thesis seeks to provide a substantiation for the need for a new legal framework for South Africa in order to address prostitution. It will argue that the current legal framework has failed in its desired aims and ... -
Defining the concept "Fiduciary Duty" in the South African law of trusts
(University of the Western Cape, 2006)An aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position ... -
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 ... -
Developing an independent regulatory framework for the financial sector in Malaŵi
(University of the Western Cape, 2011) -
Developing an independent regulatory framework for the financial sector in Malaŵi
(University of the Western Cape, 2011) -
Development assistance approaches in Cameroon: a comparison of the heavily indebted poor countries initiative and China’s white paper on foreign aid
(University of the Western Cape, 2014)This research acknowledges that although literature abounds on development assistance in general, not much has been published yet on Cameroon specifically. Therefore, this mini-thesis seeks to contribute to fill this gap. ... -
Disability discrimination and reasonable accommodation in the South African workplace
(University of the Western Cape, 2008)People with disabilities are a minority group who has suffered disadvantage especially in the workplace. They currently enjoy Constitutional and legislative protection in a democratic South Africa. -
The disparity in compliance with sustainability policies: the mining industry and the financial industry in South Africa
(University of Western Cape, 2012) -
Dispute settlement mechanisms in regional trade agreements: the EU-SA perspective
(University of the Western Cape, 2001)This paper shall attempt to define and explain the various forms of dispute settlement in regional trade agreements. Trade Agreements from various continents as well as the World Trade Organisation will be scrutinised. The ... -
Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa
(University of the Western Cape, 2005)This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, ... -
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 ... -
Does a right to access to adequate housing include a right to the city in South Africa?
(University of the Western Cape, 2017)The Constitution of South Africa is often commended for the protection that it affords to socio-economic rights - including the right to access to adequate housing, 'Adequate' housing is said to comprise of more than just ... -
Does Article 13 of The Hague Convention on the Civil Aspects of International Child Abduction, 1980 protect victims of domestic violence?
(University of the Western Cape, 2016)