Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 51-70 of 442
-
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
(University of the Western Cape, 2004)Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the ... -
The challenges that unmarried fathers face in respect of the right to contact and care of their children: can amendments to the current law make enforcement of these rights more practical?
(University of the Western Cape., 2016)Historically, unmarried fathers had no rights in respect of their children born out of wedlock. “Until 1998, the unmarried father had obligations to his child under common law, but did not have any inherent rights with ... -
Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis
(University of the Western Cape, 2004)This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation ... -
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 ... -
Child soldiers and international law in the Darfur Region of Sudan: does conflict transformation offer a solution?
(University of the Western Cape, 2008) -
The child's voice in the Hague Convention: Does ascertaining the child's view realise the best interests of the child in legal and related proceedings in terms of the Hague Convention on the Civil Aspects of International Child Abduction
(University of the Western Cape, 2002)No abstract available. -
Children at both ends of the gun: towards a comprehensive legal approach to the problem of child soldiers in Africa
(University of the Western Cape, 2005)While the participation of children in armed conflict has been evident for some time, internal community mobilization on the issue is fairly recent. In 1993, the General Assembly of the United Nations adopted resolution ... -
Children's health service rights and the issue of consent
(University of the Western Cape, 2007)Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not ... -
Children's right to consent to medical treatment and a consideration of the changes effected in the Children's Bill B70 D of 2003
(University of the Western Cape, 2006)Children's rights to consent to medical treatment and the balancing of parental rights have become the focus of much debate in South Africa over the last few decades. Issues concerning the age at which children can consent ... -
Cinema, cultural diversity and the globalization process.
(University of the Western Cape, 2005)The objective of this research was to examine the future of the cultural diversity of cinema through the GATS and the TRIPS Agreement -
Civil recovery of corruptly-acquired assets: a legal roadmap for Nigeria
(University of the Western Cape, 2010)The aim of this research paper is to examine the legal framework for the recovery of corruptly-acquired assets, with particular emphasis on the Nigerian situation. Its primary focus is a detailed examination of the legal ... -
Closing Gacaca─analysing Rwanda’s challenges with regard to the end of Gacaca courts
(2013)In Rwanda, Gacaca courts, community-based traditional courts, were alternative solution of dealing with the legacy of genocide after the failure of modern model of justice. In 2012, Gacaca courts were repealed by the Organic ... -
The co-operation regime of the international criminal court: the obligation of states to arrest and surender
(University of Western Cape, 2009)The study attempts to identify the concrete mechanisms inherent in the co-operation regime of the ICC in relation to the arrest and surrender of suspects. By doing so, it attempts to contribute to a better understanding ... -
Combating cyber money laundering: selected jurisdictional issues
(University of the Western Cape, 2010) -
Commentary on South Africa's position regarding equal pay for work of equal value: a comparative perspective
(University of the Western Cape, 2004)This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study ... -
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 ... -
Comparative analysis of the legal framework for adoption under African customary law
(University of the Western Cape, 2022)While there is a comprehensive legal framework for the adoption of children under statutory law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption. This study explored how the ...