Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 35-54 of 438
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Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)
(University of the Western Cape, 2018)In the South African local government context, municipalities are operationally governed through two arms: the political arm and the administrative arm. Both arms work simultaneously in ensuring that the municipality ... -
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 ... -
An assessment of South Africa's obligations under the United Nations Convention against torture
(University of the Western Cape, 2010)I attempt to analyze South Africa's legal position pertaining to torture, in relation to the international legal framework. Since it has been established that torture and cruel inhuman and degrading treatment (CIDT) usually ... -
An Assessment of South Africa’s Intergovernmental Relations System as a Response to the Covid-19 Pandemic
(University of the Western Cape, 2024)South Africa was among the numerous nations impacted by the Covid-19 pandemic. The health systems in every nation were overhauled because of this pandemic, which claimed countless lives. The pandemic in South Africa, ... -
An assessment of the adequacy of the present legal regime for the conservation of wetlands and estuaries in South Africa
(University of the Western Cape, 2011)Very little protection has been afforded to wetlands1 and estuaries within the South African legislative framework.2 These ecosystems are extremely important and valuable to mankind, the flora and fauna.3 The continued ... -
An Assessment of the application of the Sanitary and phytosanitary agreement of the WTO and its impact on International Trade: A Sub-Saharan perspective
(University of the Western Cape, 2006)A lot of work has been done regart=ding the SPS agreement and its impact on iternational trade, though not so connclusive. The study, however, is going to deal specifically with an impact of the SPS agreement to the SSA ... -
Assessment of the development of victims' rights within the legislative and policy framework in South Africa
(University of the Western Cape, 2009)This study assesses the development ofvictims' rights in the legislative and policy framework in South Africa. It is argued that although victims' rights are recognised more has to be done to concretise these rights. -
Bail and the presumption of innocence: a critical analysis of section 60(1-1) of the criminal procedure Act 51 of 1977 as amended
(UWC, 2012)In South Africa, as in most jurisdictions, the presumption of innocence is a guaranteed constitutional right. The rationale of the presumption lies in the protection which it offers, since a person charged with a criminal ... -
Balancing domestic regulation and trade liberalisation under the World Trade Organisational's multilateral rules on trade in services: a look at South Africa's telecommunications sector
(University of the Western Cape, 2008)The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular ... -
Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"
(University of the Western Cape, 2007)This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and ... -
Black economic empowerment: a study of recommendation by the Black Economic Commission and the practical effects of the application thereof relative to similar experiences in other developing countries
(University of the Western Cape, 2005)The market value of Black Economic Empowerment (BEE) companies listed on the JSE Securities Exchange (JSE) has fallen to only 2% of the overall market capitalisation of the JSE. Many BEE companies have disappeared from the ... -
Breaking to build: decentralization as an efficient mechanism for achieving national unity in Cameroon
(University of the Western Cape, 2010)Governing an ethnically diverse country constitutes a major challenge for state power and government in Cameroon. The call for national unity, championed by the regime in power has had to survive strong demands for greater ... -
Bring back our girls: A human rights analysis of child abductions by Boko Haram
(University of the Western Cape, 2018)As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every ... -
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
(University of the Western Cape, 2004)Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the ... -
The challenges that unmarried fathers face in respect of the right to contact and care of their children: can amendments to the current law make enforcement of these rights more practical?
(University of the Western Cape., 2016)Historically, unmarried fathers had no rights in respect of their children born out of wedlock. “Until 1998, the unmarried father had obligations to his child under common law, but did not have any inherent rights with ... -
Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis
(University of the Western Cape, 2004)This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation ... -
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 ...