Browsing Magister Philosophiae - MPhil (Law) by Subject "South Africa"
Now showing items 1-14 of 14
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An accused's rights of access to police dockets for bail hearings
(University of the Western Cape, 1998)Bail has always been a controversial and contentious topic m constitutional debate. The sensational coverage by the media of the failure by the criminal justice system to make use of the existing resources in preventing ... -
Are traditional African practices relating to child marriages in the face of HIV/AIDS in violation to the South African legal framework?
(University of the Western Cape, 2015)The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage ... -
The constitutional status and role of selected chapter 9 institutions
(University of the Western Cape, 2022)The centuries of colonialism and apartheid that preceded the democratic transition in South Africa were characterised by such large-scale violations of human rights that the United Nations declared apartheid an international ... -
A critical appraisal of South Africa's voting patterns on resolutions of the United Nations Human Rights Council in the period 2008- 2010 and 2013-2015
(University of the Western Cape, 2015)Despite the fact that South Africa in terms of its Constitution and foreign policy believes in making human rights central to its activities, on many occasions in the UNHRC, it has been found voting opposite to these values. ... -
Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala
(University of the Western Cape, 2020)Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family ... -
Groundwater policy and law in South Africa and mainland Tanzania: a comparative study
(University of the Western Cape, 2012)Groundwater is a truly hidden resource that millions of lives depend on for survival. The importance of this resource cannot be accentuated enough, yet for generations it has been abused and misused. Groundwater forms an ... -
The independence of the national prosecuting authority of South Africa : fact or fiction?
(University of the Western Cape, 2015)The National Prosecuting Authority (NPA) is critical in the proper functioning of South Africa’s criminal justice system and upholding of the rule of law. And for it to play this critical role it must be independent from ... -
International business law and legal certainty : the need for South Africa to assent to the convention of international sale of goods
(University of the Western Cape, 2015)This study seeks to provide answers on whether South Africa should ratify the Convention on Contracts for the International Sale of Goods (CISG), in the light of promoting legal certainty and International trade. In order ... -
Is there a relation between the labour market regulation and the high unemployment rate in South Africa? an assessment of the south African labour market regulation
(2010)This research paper is a review of the assertion by some commentators that the regulation of the labour market is a cause of the high unemployment rate in South Africa. It starts by providing a historical background of ... -
Playing in the shadows: An analysis of childhood statelessness and the right to nationality in South Africa and Zimbabwe.
(University of Western Cape, 2019)The Universal Declaration on Human Rights (UDHR) provides that „everyone has the right to nationality.‟1 Nationality2 refers to the legal relationship between a State and an individual.3 The consequences are that this legal ... -
The rights of children living with their incarcerated mothers in South African prisons
(University of the Western Cape, 2022)Children living in South African prisons with their incarcerated mothers continue to experience the harsh conditions experienced by their mothers when they were innocent. The Department of Correctional Services responsible ... -
Traditional leaders in South Africa: Yesterday, today and tomorrow
(University of the Western Cape, 2008)Traditional leaders were occupying communal political positions sanctified by cultural mores and values who enjoy the legitimacy of particular communities to direct their affairs. Their basis of legitimacy is tradition, ... -
The use of groundwater as an option for the realization of the right of access to basic water and sanitation in South Africa
(University of the Western Cape, 2004)The most contentious issue in the present South African Constitution is the realization of the rights entrenched therein. These rights are contentious because they are justifiable in their nature, subject to judicial ... -
The world trade organisation (WTO) and its dispute settlement system - political and legal implications for South Africa.
(University of the Western Cape, 2004)ln this mini thesis, I explore the new WTO Dispute Settlement System in relation to developing countries' and South Africa's access to this system. I argue that this new system, as a rule based system allows for greater ...