Browsing Magister Legum - LLM (Private Law) by Issue Date
Now showing items 21-33 of 33
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A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa.
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
Examining the link between economic development and the enforcement of socio-economic rights in Africa: A case study of South Africa and Nigeria
(University of Western Cape, 2021)This year marks 57 years since Organisation of African Unity (OAU) was formed on 25 May 1963 in Addis Ababa, Ethiopia. This year also marks 18 years since the African Union (AU) was formed on 9 July 2002 in Durban, South ... -
An overview of the regulation and management of cryptocurrency in South African inter vivos and testamentary trusts.
(University of the Western Cape, 2021)Our lives, work, and behaviour have been changed both positively and negatively by the digital presence that has grown tremendously over the last three decades, and with this exponential growth, we cannot predict where we ... -
Prospects of formal regional stock exchange in the East African community: legal and regulatory considerations
(2021)The East African Community (EAC) is among the eight regional economic communities recognised under the platform of the African Union.1 What has transformed to become the EAC was initially founded in 1967 with the name ... -
Feminist approach to Ukuzila custom under the new South African constitutional dispensation
(University of the Western Cape, 2021)This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was ... -
Examining the South African competition law enforcement institutional framework: Lessons for Sierra Leone
(University of Western Cape, 2021)Trade liberalisation, free-market system, privatisation and deregulation have become major steps taken by individual countries to accelerate economic growth. This trend has made competition law and its enforcement institutional ... -
An analysis of the ‘likelihood of confusion’ test in the South African trademark law
(University of the Western Cape, 2022)This section contains an overview of trademarks and the objective is to provide background information to the discussion. Trademark law is a creature of statute except for the law of passing-off which comes from common ... -
Balancing emancipatory legal pluralism and cultural relativism
(University of the Western Cape, 2022)The concept of legal pluralism receives tremendous attention in sub-Saharan Africa. Notably, this attention arises because of the domineering tendency displayed by transplanted European legal orders now known as state ... -
Judicial balancing of cultural relativism and universalism of human rights in post-Apartheid South Africa
(University of the Western Cape, 2022)Globalisation did not only bring about major political, social and economic changes; it also strengthened the global reach of universalism of human rights. The concept of universal human rights is presently reconstructing ... -
Workplace bullying: An evaluation of the legal framework on workplace bullying in South Africa: Need for reform
(University of the Western Cape, 2022)Workplace bullying is often associated with negative acts such as harassment, discrimination and victimisation,1 which is the reason that legal certainty is required, for protection against such conduct. Consequently, ... -
A critical analysis of bilateral (dual) marriages in Zambia
(University of the Western Cape, 2023)In the Zambian context, marriage is one concept that has more than one definition This is because marriage can be legally contracted under two laws namely African customary law and statutory law. The former is potentially ... -
A surrogate mother’s post-birth contact with the family formed through surrogacy: a missed opportunity for South Africa or opening pandora’s box?
(University of the Western Cape, 2023)This dissertation assesses the suitability of South Africa’s current framework on post-birth contact in surrogacy law and explores whether it adequately protects the interests of all parties to the surrogacy agreement. ...