Browsing Magister Philosophiae - MPhil (Law) by Title
Now showing items 1-20 of 76
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An accused's rights of access to police dockets for bail hearings
(University of the Western Cape, 1998)Bail has always been a controversial and contentious topic m constitutional debate. The sensational coverage by the media of the failure by the criminal justice system to make use of the existing resources in preventing ... -
The administrative autonomy of local authorities in Zambia under the 2016 Constitution
(University of the Western Cape, 2019)Zambia has, since independence in 1964, endeavoured to build an effective local government system anchored on decentralisation in an effort to attain the values and principles of democracy, autonomy and transparency. These ... -
An analysis of the expanded mandate of local government under Covid-19
(University of the Western Cape, 2021)The Constitution places municipalities at the forefront of service delivery in South Africa. This can be discovered from a perusal of section 152(1)(b) of the Constitution, which provides that one of the objects of local ... -
An appraisal of the anti-money laundering regime in Zimbabwe
(University of the Western Cape, 2021)Annually, money laundering costs global financial markets $2.5 trillion. Money laundering is especially problematic in that it results in a plethora of socioeconomic problems including poor economic performance and an ... -
Are traditional African practices relating to child marriages in the face of HIV/AIDS in violation to the South African legal framework?
(University of the Western Cape, 2015)The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage ... -
Assessing the impact of the 2016 constitution on intergovernmental relations in Zambia.
(University of the Western Cape, 2018)Decentralisation is the transfer of power, responsibilities, capacities and resources from the centre to the sub-units of the government. The main objective is to foster the capacity of local government to deliver services ... -
Balancing the marine ecosystem through the protection of estuaries
(University of the Western Cape, 2017)Estuaries are highly productive types of ecosystems worldwide and of considerable value, yet are some of the most degraded systems on earth. South African estuaries are widely distributed across the State and cover a ... -
Balancing trade remedies and preferential trade agreements: A South African experience
(University of the Western Cape, 2018)Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade ... -
Can a multilateral agreement on investment reduce double tax treaty abuse in developing countries?
(University of the Western Cape, 2017)Over the years, the world economy has experienced growth in foreign direct investments (FDI), with the role of developing countries becoming more evident as both recipients and investors alike. The proliferation of ... -
Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?
(University of the Western Cape, 2013)The ever increasing regional and global trade competition has manifested itself in a growing number of non-standard forms of employment including the increasing use of "temporary employment services" (or “labour brokers” ... -
Collective bargaining, minimum labour standards and regulated flexibility in the South African clothing manufacturing sector: at the level of the national clothing bargaining council's Western Cape sub-chamber
(University of the Western Cape, 2006)In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that ... -
Comparative analysis of temporary employment services in South Africa, particularly labour brokers
(UWC, 2020)In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to ... -
Comparative analysis of temporary employment services in South Africa, particularly labour brokers
(University of the Western Cape, 2020)In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to ... -
A comparative study on dismissal by operation of law in terms of the Public Service Act: South Africa and Namibia
(University of the Western Cape, 2019)The right to fair dismissal in South Africa is prescribed in the Labour Relation Act 66 of 1995 as amended. Employees may only be dismissed on grounds of misconduct, incapacity and operational requirements. The requirements ... -
The constitutional status and role of selected chapter 9 institutions
(University of the Western Cape, 2022)The centuries of colonialism and apartheid that preceded the democratic transition in South Africa were characterised by such large-scale violations of human rights that the United Nations declared apartheid an international ... -
Cooperative government in South Africa : examining enforcement mechanisms for municipalities to comply with South Africa’s water regulatory framework
(University of the Western Cape, 2015)There is overwhelming evidence that South Africa’s rivers are heavily polluted, a situation which is attributable to a large degree to poorly functioning and inefficiently managed waste water treatment works in municipalities. ... -
A critical analysis of South Africa’s approach to the complementarity principle under the Rome statute of the ICC
(University of Western Cape, 2021)The Rome Statute established the International Criminal Court (the ICC) in July 2002 and South Africa was one of the first signatories. South Africa incorporated this statute into its domestic law by enacting the Implementation ... -
A critical analysis of the African Union’s self-financing mechanism
(University of the Western Cape, 2019)In the process of describing the background to the problem, the author will in this section firstly, explain what the African Union (AU) has implemented, secondly, explain the relevant rules and regulations that need to ... -
A critical analysis of the financial regulation of private equity investments in South Africa
(University of the Western Cape, 2015)Private equity is a critical vehicle of entrepreneurship development that is essential in reducing unemployment and boosting the economic growth of South Africa. There has, however, been a decline in private equity investment ... -
A critical analysis of the ministerial powers to appoint 'special interest' councillors in terms of Section 4 A of Zimbabwe's Urban Councils Act (2008)
(University of the Western Cape, 2012)Introduction: The appointment of special interest councillors in terms of section 4A of the Urban Councils Act has encountered much opposition from residents in many urban areas.8 The appointment has also attracted public ...