Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Title
Now showing items 26-45 of 442
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Animal welfare and culling: A legal analysis of South African biodiversity law
(University of the Western Cape, 2023)South Africa lacks an effective wildlife welfare regulatory framework. Biodiversity legislation focuses on the conservation and sustainable of natural resources use under the auspices of section 24 of the Constitution. The ... -
Anti-corruption agencies in Africa: a comparative analysis of Rwanda, Sierra Leone and Malawi
(University of the Western Cape, 2010)Corruption is a serious problem which has many negative impacts on sustainable economic development globally. The clandestine nature of corruption makes it difficult to detect. Hence, efforts to combat corruption successfully ... -
Anti-corruption initiatives in South Africa since 1994: a critical evaluation
(2013)The legacy of apartheid may be likened to a Hydra. This mythical beast was rumoured to be large in stature, with poisonous breath. However, the trait it was better known for was that it possessed many heads and for every ... -
Anti-cyberlaundering regulation and control
(University of the Western Cape, 2010)This paper is inspired by the ills borne out of the internet. The internet has become a modern day tool for criminals seeking to conceal the proceeds derived from their crime, hence the problematic notion of cyberlaundering. ... -
The anticipated impact of GATS on the financial service industry in Africa
(University of the Western Cape, 2007)This study was on the anticipated impact of GATS on the financial services industry in Africa. The paper examined the possible positive and negative impact of the GATS agreement on the financial services industry in the ... -
Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
(University of the Western Cape, 2005)The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that ... -
The art of counting fish: An analysis of the potential regulation of marine fisheries in areas beyond national jurisdiction
(University of the Western Cape, 2022)The 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) is ineffective in ensuring the conservation and long-term sustainability of marine fisheries in Areas beyond national Jurisdiction (ABNJ). This is a ... -
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 ...