Magister Legum - LLM (Public Law and Jurisprudence): Recent submissions
Now showing items 21-40 of 438
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The right of access to information: The Constitutionality of the promotion of access to information bill
(2000)The Constitution of the Republic of South Africa ("the Constitution") as well as its precursor ("the interim Constitution") 2entrench the right of access to information. ln the Constitution the right of access to information ... -
A critical evaluation of some of the legal implications of the "war on Terror'' in international humanitarian law.
(University of the Western Cape, 2007)It would have been ideal to begin a mini-thesis of this nature with a definition of the term terrorism. This approach will however not be taken for three reasons. Firstly, there are disagreements inherent in the definition ... -
The limitation of fundamental rights
(University of the Western Cape, 1999)South Africa's new Constitution has been hailed as one of the most democratic and sophisticated in history, surpassing even the Constitutions of many first world countries. Of paramount importance in the Constitution is ... -
Making the rights of poor people practical in Malawi through a rights based approach to development
(University of the Western Cape, 2001)This thesis tackles the issue of human rights and poverty in the context of Malawi. Our main concern is to find ways of how to make human rights practical for poor people in Malawi through a human rights-based approach to ... -
A legal analysis of provincial intervention in a municipality
(University of the Western Cape, 1999)With the introduction of the 1996 Constitutor local government was for the first time in South African history acknowledged as a fully-fledged 'sphere' of government and its role and responsibilities as an equal partner ... -
Unfair discrimination within the South African Department of Correctional services against inmates with ancestral calling (Ubizo)
(University of the Western Cape, 2022)The dissertation examines unfair discrimination within the South African Department of Correctional Services against inmates with ancestral calling (ubizo). Inmates (like everyone) have fundamental rights as enshrined by ... -
The Right to Strike - Is it an effective component in regulating the South African labour market?
(University of the Western Cape, 2003)This research paper presents an analysis of the right to strike in South Africa. It starts by providing a historical overview of labour relations in South Africa and the development of the right to strike. The discussion ... -
Surviving genocide: A critical analysis of the long-term impact of the Herero and Nama genocides
(University of the Western Cape, 2022)The period 1904–1908 is historically significant among the Herero and Nama, as they still suffer from the impact of the genocide committed by the German colonisers. Nearly 80 per cent of the Otjiherero-speaking people and ... -
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 ... -
"The duties of states under international and constitutional law to secure rights of access to water and to protect water sources in situations of armed conflicts"
(University of the Western Cape, 2003)Water is the basis of our life and without it human beings cannot live for more than a few days. Nearly every function of our body depends on sufficient water. It is for this reason that the lack of access to clean water ... -
The voting rights of mentally unsound or disorderly citizens and persons detained involuntarily under the mental health care act
(University of the Western Cape, 2022)South Africa is a diverse country that plays host to various minority groups. By a minority group I mean a subordinate group whose members have significantly less power or control over their lives than members of a ... -
Comparative analysis of the legal framework for adoption under African customary law
(University of the Western Cape, 2022)While there is a comprehensive legal framework for the adoption of children under statutory law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption. This study explored how the ... -
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 ... -
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 right to identity in the context of embryo donation
(University of Western Cape, 2021)In this research, I seek to investigate the extent to which the South African Legislature and the international community recognises the right to identity of a child born through embryo donation. First, I carefully examine ... -
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 ... -
“Compliance and enforcement: The Legal Suitability of the Utilisation of Criminal Sanctions in South African Environmental Law”
(University of the Western Cape, 2020)In this thesis I analysed the suitability and effectiveness of the criminal sanction with regards to compliance and enforcement in South African environmental law. My central argument is that the criminal sanction is not ... -
The North –South divide in international environmental law after the Paris agreement
(University of the Western Cape, 2021)Global climate change is a serious, severe, and potentially irreversible problem. If no actions are taken to curb greenhouse gas emissions, global temperatures and sea levels will rise, wreaking havoc on earth, particularly ... -
Do existing laws in South Africa hold directors personally liable for environmental transgressions?
(University of the Western Cape, 2020)The number of environmental offences taking place continues to increase each year. Despite the special position of responsibility occupied by directors as the ‘directing mind and will’ of the companies responsible for the ... -
The Illusion of the Rainbow Nation: The Unconstitutionality of Racial Classification?
(University of the Western Cape, 2020)In societies emerging from segregation or division based on the biological factors of race and/ or colour, the centrality (or lack thereof) of race and colour within those legal systems plays a critical role in the progression ...