Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 75-94 of 436
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The constitutional and contractual implications of the application of chapter 19 of the Children's Act 38 of 2005
(University of the Western Cape, 2011)In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the ... -
Constitutionalising the common law : considering the constitutional dispensation which affords all workers protection via section 23 of the constitution
(University of the Western Cape, 2010)The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of ... -
The constitutionality of using deadly force against a fleeing suspect for purposes of arrest
(University of the Western Cape, 2007)The advent of the supreme Constitution signaled the beginning of an era during which the South African legal system must be intolerant to human rights violations. All laws and conduct must conform to the Constitution. If ... -
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 ... -
Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges
(University of the Western Cape, 2014)In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural ... -
The convergence and divergence of International Humanitarian Law and International Human Rights Law
(University of the Western Cape, 2005)In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both ... -
Corporal punishment of children in Nigerian homes
(University of the Western Cape, 2011) -
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 ... -
Corporate social responsibility as a tool to accelerate the achievement of development goals in Zimbabwe
(University of the Western Cape, 2015)The aim of this study is to critically analyse corporate social responsibility as a tool to accelerate the achievement of development goals in Zimbabwe. The main question is how CSR can be used to speed up the achievement ... -
Corrective rape of black African lesbians in South Africa: the realisation or oversight of a constitutional mandate?
(University of the Western Cape, 2012)In South Africa corrective rape is committed by African men as a form of social control to cure women of their homosexuality. The problem with corrective rape is that the victims of this crime are mainly black African ... -
Corruption and the judiciary: A critical study of Uganda
(University of Western Cape, 2021)Corruption, or ‘the abuse of entrusted power for private gain’,1 has been identified by the World Bank as one of the greatest obstacles to economic and social development.2 In Uganda, widespread corruption limits access ... -
The cost of bypassing MFN obligations through GSP schemes: EU-India GSP case and its implications for developing countries
(University of the Western Cape, 2005)The principal objective of this research was a critical examination of the Generalised System of Preference schemes as a form of special and differential treatment under the Enabling Clause with specific reference to the ... -
The criminal accountability of child soldiers in the light of armed conflict
(University of the Western Cape, 2009) -
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 criminalisation of trading in influence in international anti-corruption laws
(University of the Western Cape, 2009)This paper will analyse critically the main sources, namely UNCAC, the African Union Convention on Prevention and Combating Corruption (AU Convention), the Southern African Development Community Protocol against Corruption ... -
A critical analysis of individual liability of councillors in South Africa
(University of the Western Cape, 2012)This study is about the individual liability of councillors in South Africa. It examines and analyses whether individual liability of councillors can serve as a bulwark against the abuse of decision-making power that is ... -
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 ... -
A critical analysis of Tanzanian corporate governance regulation and its impact on foreign investment
(University of Western Cape, 2013)The main objective of this study is to review the legal and regulatory framework of corporate governance in Tanzania with the focus on corporate governance laws and regulations. The study is intended to discuss the main ... -
A critical analysis of the demobilisation, disarmament, reintegration and rehabilitation in relation to child soldiers in the Democratic Republic of Congo
(University of the Western Cape, 2017)In many countries around the world, approximately 230 million children are living in countries affected by armed conflict. 15 million of them were caught up, in various parts of Africa, in violent conflicts. Some of the ...