Department of Public Law and Jurisprudence: Recent submissions
Now showing items 81-100 of 440
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An analysis of the amalgamation and merger procedure in South African company law
(University of the Western Cape, 2017)Prior to 2010, as a result of a sluggish global economy, the amalgamation and merger procedure in South Africa was active although it was at an all-time low.1 However, in 2010, there was an increase in amalgamation and ... -
The responsibility to protect in the context of the NATO intervention in Libya in 2011: a human rights analysis
(University of the Western Cape, 2017)The international human rights architecture experienced a shift from states to individual rights within a state. This is mainly informed by the fact that states committed human rights atrocities against their own civilians. ... -
Representation of ethnic groups in subnational political institutions: The case of the Democratic Republic of Congo
(University of the Western Cape, 2017)With approximately 450 tribes and 250 ethnic groups in a territory of 2 345 095 km2,1the Democratic Republic of Congo (DRC) is one of the world's largest, populous, and multiethnolinguistic countries. Since the departure ... -
Abortion and the right to life: A case study of South Africa and Germany
(University of the Western Cape, 2016)The issue of abortion and the protection of the right to life have been discussed by many academics, yet remains an unresolved topic in many countries. The mere fact that abortion is the deliberate termination of a human ... -
Consumer Protection; Efficient and Effective Bank Regulation in Zimbabwe
(University of the Western Cape, 2018)Zimbabwe is a Southern African country which has witnessed frequent bank collapses in the last two decades. This has eroded consumer and business confidence in the banking sector due to the irreparable financial prejudice ... -
Municipal Planning By-laws and the extent to which they give effect to the Spatial Planning and Land Use Management Act 16 of 2013.
(University of Western Cape, 2017)The spatial legacy created by the planning laws of the apartheid regime is still apparent in most cities and towns across South Africa. The legacy of apartheid spatial planning reveals not only planning which was undertaken ... -
Does a right to access to adequate housing include a right to the city in South Africa?
(University of the Western Cape, 2017)The Constitution of South Africa is often commended for the protection that it affords to socio-economic rights - including the right to access to adequate housing, 'Adequate' housing is said to comprise of more than just ... -
Assessing the right to physical access to justice, for persons with disabilities
(University of the Western Cape, 2017)Access to justice for persons with disabilities is specifically safeguarded in a number of international conventions, standards and recommendations. The Rights of Persons with Disabilities to access to justice is explicitly ... -
Unaccompanied Minor Refugees and Asylum Seekers: Placement in Foster care and Adoption as Durable Solutions.
(University of the Western Cape, 2018)At the age of 15, Nestor Tata watched rebel soldiers in Democratic Republic of Congo (hereinafter DRC) kill his father, and not long afterwards came home from school to find the murdered body of his mother. With no siblings ... -
The Prosecution of sexual violence crimes under article 7 and 8 of the rome statue of the international criminal court: A reason for optimism?'
(University of the Western Cape, 2018)The Rome Statute gave birth to the International Criminal Court (ICC) on 17 July 1998. Its mandate is to assist the international community in the arduous task of closing the gap of impunity for the most heinous crimes, ... -
The role of traditional leaders in local governance: A case study of Limpopo
(University of the Western Cape, 2017)Traditional leaders have existed in South Africa for a very long time. During the apartheid era they were the rulers of Bantustans or homelands. The roles of traditional leaders during the apartheid regime were, inter alia, ... -
The use of ethnicity as a factor for demarcating municipalities: the case of Malamulele and Vuwani communities.
(University of the Western Cape, 2017)In 1994, South Africa became a democratic country after many decades of resistance against apartheid. In 1996, the Constitution which is the supreme law of the country was adopted and provides for three spheres of government ... -
The scope and content of the child's right to identidy in the context of surrogacy
(University of the Western Cape, 2017)The development of assisted reproductive technology (ART) has radically changed the landscape of the conventional family. It has permitted a platform for the creation of families and family structures with tremendous ... -
Exploring a sustainable anti-corruption regime for Tanzania
(University of the Western Cape, 2017)Corruption is among the world's devastating social, economic and political problems. It is enormous to the extent that ''not one single country, anywhere in the world, is corruptionfree''. Its effects on the quality of ... -
Pre-trial publicity: free speech versus fair trial
(University of the Western Cape, 2017)News coverage of high profile criminal matters has increased in South Africa. Such matters are of public concern, as every citizen has a right to receive and impart information and to debate openly and frankly matters which ... -
Promoting sustainable development in South Africa : environmental regulation in support of renewable energy
(University of the Western Cape, 2016) -
The right of access to information for visually disabled and hearing impaired persons in South Africa
(University of the Western Cape, 2016) -
The enforceability of international surrogacy in South Africa : how would a South African court proceed in determining an international surrogacy case?
(University of the Western Cape, 2016)In this research, I sought to investigate the extent to which South Africa recognises international surrogacy agreements. I examined Chapter 19 of the Children's Act as the first legislation to afford surrogate motherhood ... -
Corporate Governance in the Southern African Development Community
(University of the Western Cape, 2016)It has been submitted that an increasingly integrated and globalised economy demands appropriate and effective governance policies with a view to sustainability and well-governed wealth creation. There is a growing consensus ...