Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Author "Steytler, Nico"
Now showing items 1-20 of 27
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The African Charter on democracy, elections and governance: A normative framework for analysing electoral democracy in Africa
Alemu, Tikikel (University of the Western Cape, 2007)This paper gave an insight into the novelties as well as the deficiencies of the provisions related to democratic elections and their implementation framework. It examined the potential effectiveness or otherwise of a ... -
An analysis of the decentralisation framework provided for in the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, 2014
Ziswa, Melissa Nyaradzo Sibongile (University of the Western Cape, 2016)In 2014, the African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (the African Charter on Decentralisation). The Charter is a first of its ... -
Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)
Mhlahlo, Zimkhitha (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 ... -
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
Isaacs, Alfred Eugene (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 ... -
Changing the traditional role of the Auditor general: Is the Public Audit Amendment Act constitutional?
Alkaster, Henrico Mario (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 ... -
Culture, participation and the right to development: the pastoralist dilemma – the karamoja case study
Iyodu, Bernadette (2009) -
Decentralisation and constitutionalism in Africa: A comparative analysis of South Africa and Zimbabwe
Mudau, Fungai Paul (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. ... -
Decentralisation as a tool in managing the ethnic question: a case study of Uganda
Oloya, Charlotte (University of the Western Cape, 2011) -
Decentralisation in SADC countries :transformation and challenges of decentralisation
Issa, Abdul-hakim Ameir (University of the Western Cape, 2004)This study focussed on the transformation of the institutions of local government from deconcentration, delegation to devolution. This transformation can be looked at starting with the institutions inherited from the ... -
Evictions; towards a transformative interpretation of the constitutional requirement of considering 'all relevant circumstances'
Samaai, Seehaam (University of the Western Cape, 2006)This research paper aimed to explore the relevant circumstances that the legislature has specified must be considered before an eviction application is granted and the meaning that the courts have given these circumstances ... -
Examining the parameters of the powers of the Minister of Local Government to issue policy directives to urban local authorities in Zimbabwe in terms of section 313 of the Urban Councils Act
Muchapondwa, Varaidzo Violet (University of the Western Cape, 2014)This is a desktop based study which will analyse relevant books and chapters in books relating to supervision of local governments by national and other higher level governments. It will also examine legislation, journal ... -
The external supervision of the municipal procurement
Mbabane, Simphiwe Mkhululi (University of the Western Cape, 2012) -
Federalism as a peacemaking device in Sudan's interim national constitution
Ouma, Steve Odero (University of the Western Cape, 2005)The focus of this study was on the Interim Constitution adopted on 9 July 2005 by Sudan. The significance of the federal principle both as a peacemaking device and a tool of democratisation was considered. The objective ... -
How can the rights of paying consumers to electricity be squared with the rights of Eskom to be paid?'
Wyngaard, Lisa Jade (University of the Western Cape, 2018)Electricity supply can be classified into three stages namely: generation, transmission and distribution, with the functions of generation and transmission being carried out by Eskom. In 2001, Eskom was converted from a ... -
The impact and constitutionality of the proposed National Health Insurance scheme with regard to the provision of health services by subnational governments
James, Candice (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 ... -
The impact of 9/11 on the South African anti-terrorism legislation and the constitutionality thereof
Kokott, Katrin (University of the Western Cape, 2005)This paper aimed at analysing what was South Africa's response to its international obligations regarding the 9/11 events and how does such response comply with the country's constitutional framework. This study gave a ... -
Kenya’s devolution implementation: emerging issues in the relationship between senate and county governments
Mukaindo, Petronella K. (University of the Western Cape, 2014)Tensions have arisen in Kenya’s devolved system between the Senate - the body representing the sub-national units at the national level and the county governors. The magnitude of the problem is such that it has motivated ... -
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.
Stevens, Curtly Keagan (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 ... -
Outsourcing basic municipal services: policy, legislation and contracts
Johnson, Claire Victoria (University of the Western Cape, 2004)Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous ... -
The political / administrative interface: the relationship between the executive mayor and municipal manager
Surty, Fatima (University of the Western Cape, 2010)Local government is arguably the most significant sphere of government to lay citizens, as it is the point of contact of citizens with their government. Local government enables a direct link between the general public and ...