Faculty of Law
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Welcome to The Faculty of Law. The Faculty is steeped in a culture of human rights and constitutionalism and is recognised and respected internationally. It offers a rigorous and relevant legal education with opportunities to specialise.
For assistance with writing your thesis you can find help here.
Additional resources are available from the Division For Postgraduate Studies (DPGS).
Research publications are accessible in the Research Repository.
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Promoting and facilitating development through private sector inclusion under the Africa Continental Free Trade Agreement (AFCFTA) legal and institutional framework
(2023)Free Trade Agreements (FTAs) have been fronted as vehicles for economic development by various scholars and economic organisations at large. But what is development? This is an important question which must be answered. ... -
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 ... -
A critical analysis of some of the complexities of implementing transitional justice in Sudan after the genocide in Darfur
(2023)In recent decades, the lives of millions of civilians have been devastated in the Darfur region in western Sudan, by the attacks of the militia Janjaweed, with the support of the government army under the supervision of ... -
Examining the effectiveness of the Corporate Leniency Policy in combating cartels under the Competition Act in South Africa with specific reference to directors’ liability.
(2024)The economy is harmed by the behaviour of a director that engages in anticompetitive behaviour in the sense that consumers may suffer the economic consequences in the form of having lesser buying power. This restricts ... -
Variations in the adoption of children: African versus Western Jurisprudence
(2024)During the colonial era, South Africa's indigenous normative order was subjugated by European laws, which led to a distortion of indigenous laws and the perception that Western jurisprudence was the supreme law. However, ... -
The role of international law in juvenile justice Reform in south africa
(UWC, 2001)This t hesis w ill seek to trace and to analyse the impact of international chi ldren's rights law upon the process of juvenile justice reform in South Africa during the past decade. As documented more fully in Chapter 2 ... -
Evaluating South Africa’s accession to the World Trade Organisation Government Procurement Agreement (WTO GPA).
(University of the Western Cape, 2024)South Africa’s participation in international agreements is governed by s231 of the Constitution of the Republic of South Africa, 1996.1 This section states that the negotiation and signing of all international agreements ... -
The appointment of a SARS official as facilitator in alternative dispute resolution proceedings: is it a violation of a taxpayer’s right under section 34 of the Constitution?
(2024)In each year of assessment, qualifying taxpayers are, by virtue of the relevant provisions of the Income Tax Act 58 of 1962 read with the Tax Administration Act 28 of 2011 (‘TAA’), required to submit an income tax return ... -
Invisible children: the rights of domestic child workers in South Africa
(University of the Western Cape, 2023)This research paper focuses on the violation of the rights of children aged 16–17 who are school dropouts and employed as domestic workers in South Africa. This is a violation of their rights and occurs in their employment ... -
A critical analysis of political corruption within the executive and the role of the constitution
(University of the Western Cape, 2023)The achievement of constitutionalism in South Africa is often applauded for its pivotal liberation that it laid upon individuals through bureaucracy, human rights, institutionalism, and moral science. However, there should ... -
Peacebuilding and justice in conflict: the imperative for transformative justice in the post-war reconstruction of Chad
(University of the Western Cape, 2023)The fault lines in the implementation of transitional justice mechanisms have posed enormous challenges to peacebuilding, reconciliation, and reconstruction in many postconflict societies, particularly in the Global South. ... -
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. ... -
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 ... -
Toward human rights-compatible bilateral investment treaties: the case of Ghana
(University of the Western Cape, 2023)The legal structure of the existing bilateral investment treaties (BITs) of Ghana consists of the title, preamble, scope, most-favoured-nation rule, national treatment, fair and equitable treatment, full protection and ... -
The protection of personal information in smart cities: lessons for South Africa from the European union and the United States
(University of the Western Cape, 2023)Innovative technologies are being employed in both public and private sectors alike. Since the beginning of the 21st century, the use of these technologies has grown in both volume and type. E-commerce services have also ... -
Inadequate representation of female attorneys in the legal profession in South Africa
(University of the Western Cape, 2023)Female law graduates have significantly increased in South Africa over the past few decades. Yet, female attorneys are still underrepresented in the legal profession. Historically, men have dominated the legal profession ... -
Muslim family law and judicial protection of women’s rights in Kenya: an assessment
(University of the Western Cape, 2023)The status of women in Muslim majority and minority states is a major question in the articulation of rights in non-Western settings. Contestations over women’s rights in these societies are thought to stem from conundrums ... -
Adopting memory and truth as non-judicial approaches to transitional justice in Cameroon
(University of the Western Cape, 2023)The right to an effective remedy for victims of mass atrocities and the massive human rights abuses perpetrated in intra-state conflicts remains weak in international law. This is more so when such conflicts involve a ... -
ECOWAS court’s jurisdiction and the argument of sovereignty: an evaluation of an impeachment Debacle in Liberia
(University of the Western Cape, 2023)The need for a just and orderly society is the essence of retributive justice in domestic courts. Globalisation has left an immense mark on the development of both domestic and international laws. Rule of Law was largely ... -
Addressing the social protection deficits for waste declaimer’s in South Africa
(University of the Western Cape, 2023)Globally, social protection is an important aspect of creating a well-functioning labour market that promotes decent working conditions and alleviates poverty.1 Social protection is crucial in both living and working ...