Department of Public Law and Jurisprudence: Recent submissions
Now showing items 41-60 of 440
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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 ... -
The Illusion of the Rainbow Nation: The Unconstitutionality of Racial Classification?
(University of the Western Cape, 2020)In societies emerging from segregation or division based on the biological factors of race and/ or colour, the centrality (or lack thereof) of race and colour within those legal systems plays a critical role in the progression ... -
‘Public participation and environmental law: A South African perspective’
(University of Western Cape, 2019)The Constitution of the Republic of South Africa ‘despite being one of the world’s most liberal constitutions, South Africans still have no transparent and participatory mechanisms for deciding democratically on the ... -
The link between gender inequality and food security among female students at tertiary institutions in South Africa
(University of Western Cape, 2019)This study explores the nexus between gender inequality and food security through the lens of female students at tertiary institutions in South Africa. It aims to highlight the gendered dimensions of the political, ... -
Rights of the child and Euthanasia in the context of South Africa
(University of Western Cape, 2020)Euthanasia is controversial topic that attracts conversations on grounds of fundamental human rights and freedoms. The opinions of legal scholars are inconsistent because while some view euthanasia as a gross violation ... -
Meeting obligations but failing hopes? An investigation into South Africa’s obligation to realise the Human right to sanitation in Rural schools
(University of Western Cape, 2019)In South Africa, notwithstanding 25 years into democracy, the constitutional commitment to socio-economic transformation of post-apartheid South Africa remains unfulfilled and unrealized by the vast majority of its ... -
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 ... -
Space Debris and the BRICS countries: The role of international Environmental Law.
(University of Western Cape, 2019)Environmental Law is at the forefront of the global community and environmental protection and conservation is regarded as of the utmost importance.1 Outer Space is a unique, limited, and valuable resource. Outer space ... -
Does the involvement of third parties in surrogacy agreements raise the risk of exploitation of prospective surrogates and prospective parent(s)?
(University of Western Cape, 2019)Surrogacy on many occasions is referred to a million-dollar industry. Just like many countries, South Africa has prohibited commercial surrogacy, thus South Africa only permits altruistic surrogacy. The prohibition has ... -
Minority language rights in Namibia: An international human rights perspective
(University of Western Cape, 2019)Namibia is home to a number of linguistic minorities. According to the 2011 census, the Owambo constitute 49.35 per cent of the population, accounting for almost half of the country’s total population.1 The rest of the ... -
The impact and constitutionality of the proposed National Health Insurance scheme with regard to the provision of health services by subnational governments
(University of Western Cape, 2020)In South Africa, there are two health systems through which health services are delivered,1 namely private and public. These two systems were inherited from the apartheid regime.2 With South Africa’s political change from ... -
Financial freedom in mobile money: the role of the central bank in Zimbabwe
(University of Western Cape, 2020)This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe ... -
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. ... -
The role of the Auditor-General in the promotion of efficient financial management in municipalities: a case study of the North West province
(University of the Western Cape, 2020)That South African municipalities, in vast majority, are experiencing serious financial problems is well-known to anyone with an interest in local government sector. Given that, the study considers the role of the ... -
Criminalisation of sex work as a human rights violation against women in South Africa
(University of the Western Cape, 2020)There is considerable and often emotive debate around the topic of sex work. Sex work is either criminalised, decriminalised, or legalised depending on the country. In South Africa, sex work is criminalised in section ... -
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019)Local government is often described as the cornerstone of democratic government and it is the level or sphere of government that is physically closest to the people.1 As a result, local government tends to have the most ... -
The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats
(University of the Western Cape, 2019)The Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue ... -
Sexual rights violations during the conflicts in the Democratic Republic of the Congo between 2005 and 2015
(University of the Western Cape, 2019)This thesis examines the sexual rights violation in Eastern DRC, which has been described as the worst in the world. The sexual violence against women and children in this country is systematic and widespread and perpetrated ... -
Municipal regulation of food and waste pickers on landfill sites in South Africa: what should municipalities (dis)allow?
(University of the Western Cape, 2019)The unemployment rate in South Africa is alarmingly high. In the year 2018, the unemployment rate was recorded at 27.2%. Many people are forced to do desperate, and even dangerous things in order to sustain themselves. ... -
Mitigating the effects of the ever-widening fiscal gap plaguing metropolitan municipalities in South Africa: A quest for an additional own-revenue source in the form of a Local Business Tax.
(2019)The prominent role of cities in contemporary developing countries, especially in South Africa, purposively cannot be overstated. Home to 40 per cent of South Africa’s population and accounting for 63 per cent of the national ...