Faculty of Law
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Welcome to The Faculty of Law. The Faculty is steeped in a culture of human rights and constitutionalism and is recognised and respected internationally. It offers a rigorous and relevant legal education with opportunities to specialise.
For assistance with writing your thesis you can find help here.
Additional resources are available from the Division For Postgraduate Studies (DPGS).
Research publications are accessible in the Research Repository.
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Analysing the transfer of ownership in the case of suspensive instalment agreements – a causal or abstract system and the implications thereof
(University of the Western Cape, 2023)South Africa follows an abstract system of transfer of ownership, as opposed to a causal system of transfer. Under an abstract system of transfer, the cause of the transfer, the iusta causa, is separated from and abstracted ... -
Assessing the effectiveness of the public procurement Act of 2007 in combatting corruption in Nigeria
(University of the Western Cape, 2023)The Public Procurement Act of 2007 (the PPA) was enacted to provide a sound legal and institutional framework for public procurement in Nigeria and prevent and curb corruption in the procurement process. However, although ... -
An analysis of the scope of sexual consent in bondage, domination, discipline, submission and sadomasochistic practices
(University of the Western Cape, 2023)Background : Women are a historically marginalised group in society. Their sex (and gender) has been used as grounds for their sexual objectification which in turn exposes them to harmful acts. Accordingly, at both ... -
Conceptualising homophobic rape against homosexual women as a hate crime
(University of the Western Cape, 2023)Hate crimes target persons belonging to a specific group, and they are the most extreme type of bigotry, becoming more common as society and politics shift. Members of minority communities can be devalued in public and ... -
"Towards implementing climate change adaptation measures in South Africa: insights into law and policy frameworks in the city of Cape Town and ethekwini municipality"
(University of the Western Cape, 2024)South Africa is of significant concern regarding climate change. A clear trend has emerged recently, with heavy rainfall events occurring more frequently. This increase in extreme weather events is a direct result of climate ... -
Erosion of presidential term limits in practice: a comparative study of unconstitutional constitutional amendments in African states
(University of the Western Cape, 2023)Tracing the constitutional strategies of incumbents in African countries, the study documents the range of constitutional strategies these incumbents have pursued when they reached the end of their prescribed term to remain ... -
Leveraging the African continental free trade area to unlock the full potential of carbon markets in Africa
(University of the Western Cape, 2023)Plagued by the universal challenge of climate change, African states are faced with the dire issue of sourcing climate finance from sources other than government coffers and very limited donor funds. With the advent of the ... -
The infraction of the right to dignity on social media: the liability of the group administrator and the commenting users.
(University of the Western Cape, 2022)Background: In recent times, it has been demonstrated that a huge chunk of the world’s population is on some form of social media. It is estimated that between 4.6 and 5 billion people out of the world's population use ... -
Die swart vrou se reg om te erf
(University of the Western Cape, 2004)Hierdie studie het ten doel die ondersoek na die Swart vrou se reg om te erf, met besondere verwysing na die bestaanbaarheid van die manlike eersgeboorteregsreel in 'n grondwetlike konteks. Die metodologie is die van 'n ... -
Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana
(University of the Western Cape, 1991)This study was undertaken to establish whether the phenomenon known contract appears in indigenous law and if it is possible to refer to indigenous contract law in general . Because indigenous law differs not between ... -
Kurds Kurdistan and the claim of the right of self determination of peoples
(University of the Western Cape, 1997)Background: Since the French Revolution, the concept of self-determination has been inter-twined with international political discourse. Conflicting interpretations of the concept of self-determination have given rise to ... -
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in Chipinge and Chimanimani districts of Zimbabwe
(University of the Western Cape, 2024)Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s ... -
The conflicting aspects of economic development within economic partnership agreements: will they promote development? a case study of the East African community economic partnership agreement
(University of the Western Cape, 2009)After negotiations since September 2002, 1 35 African Caribbean and Pacific (ACP) countries, out of 79 initiated new trading arrangements with the European Community (EC) in November and December 2007. For these ACP ... -
The extent to which the fiduciary duties and liabilities of directors of state-owned companies facilitate good corporate governance in South Africa
(University of the Western Cape, 2023)Background: The legislative and policy framework governing the sector for State-Owned Entities (SOE’s) in South Africa is criticised for being legally fragmented, in addition to other governance concerns in the sector, ... -
A critique of the deterrent effect of international criminal justice in the prevention of mass atrocities
(University of the Western Cape, 2024)The International Criminal Court was established to prevent and deter persons from committing mass atrocities. The Court's founding has marked the start of a new era in international justice. The Statute of the Court, ... -
The income tax resident status of internet-based companies: when is South Africa their place of effective management?
(University of the Western Cape, 2023)In terms of the Income Tax Act 58 of 1962 (‘ITA’), taxpayers are liable to tax in the Republic of South Africa (‘SA’) on their worldwide revenue if they satisfy the test for residency within the meaning of the term ‘resident’ ... -
The role of second chamber in representing subnational units: A comparative study of Nigeria and South Africa
(University of the Western Cape, 2023)The purpose of the research is to investigate the effectiveness of representation of subnational units in Nigeria and South Africa in the second chamber. In both countries, the subnational unit is represented equally in ... -
Risks and benefits of the eradication of African customs by modernity
(University of the Western Cape, 2023)African customs define the African people. Despite their varying cultures, Africans possess similar features which make it easy for them to identify each other. Before colonisation, African tribes sometimes fought amongst ... -
The regulation of social media content personalisation: An international human rights perspective
(University of the Western Cape, 2023)This mini-thesis critically examines the extent to which existing international, regional, and domestic legal frameworks provide effective mechanisms for preventing social media content personalisation from violating Article ... -
Feeding inequality: access to equal education, feeder zones and former ‘model c’ schools
(University of the Western Cape, 2023)South Africa’s basic education system remains deeply unequal, fuelled in part by the inequitable access of black and poor children to good public schools that are overwhelmingly concentrated in more affluent ‘whiter areas’. ...
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