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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Invisible children: the rights of domestic child workers in South Africa
(University of the Western Cape, 2023)This research paper focuses on the violation of the rights of children aged 16–17 who are school dropouts and employed as domestic workers in South Africa. This is a violation of their rights and occurs in their employment ... -
A critical analysis of political corruption within the executive and the role of the constitution
(University of the Western Cape, 2023)The achievement of constitutionalism in South Africa is often applauded for its pivotal liberation that it laid upon individuals through bureaucracy, human rights, institutionalism, and moral science. However, there should ... -
Peacebuilding and justice in conflict: the imperative for transformative justice in the post-war reconstruction of Chad
(University of the Western Cape, 2023)The fault lines in the implementation of transitional justice mechanisms have posed enormous challenges to peacebuilding, reconciliation, and reconstruction in many postconflict societies, particularly in the Global South. ... -
A surrogate mother’s post-birth contact with the family formed through surrogacy: a missed opportunity for South Africa or opening pandora’s box?
(University of the Western Cape, 2023)This dissertation assesses the suitability of South Africa’s current framework on post-birth contact in surrogacy law and explores whether it adequately protects the interests of all parties to the surrogacy agreement. ... -
A critical analysis of bilateral (dual) marriages in Zambia
(University of the Western Cape, 2023)In the Zambian context, marriage is one concept that has more than one definition This is because marriage can be legally contracted under two laws namely African customary law and statutory law. The former is potentially ... -
Toward human rights-compatible bilateral investment treaties: the case of Ghana
(University of the Western Cape, 2023)The legal structure of the existing bilateral investment treaties (BITs) of Ghana consists of the title, preamble, scope, most-favoured-nation rule, national treatment, fair and equitable treatment, full protection and ... -
The protection of personal information in smart cities: lessons for South Africa from the European union and the United States
(University of the Western Cape, 2023)Innovative technologies are being employed in both public and private sectors alike. Since the beginning of the 21st century, the use of these technologies has grown in both volume and type. E-commerce services have also ... -
Inadequate representation of female attorneys in the legal profession in South Africa
(University of the Western Cape, 2023)Female law graduates have significantly increased in South Africa over the past few decades. Yet, female attorneys are still underrepresented in the legal profession. Historically, men have dominated the legal profession ... -
Muslim family law and judicial protection of women’s rights in Kenya: an assessment
(University of the Western Cape, 2023)The status of women in Muslim majority and minority states is a major question in the articulation of rights in non-Western settings. Contestations over women’s rights in these societies are thought to stem from conundrums ... -
Adopting memory and truth as non-judicial approaches to transitional justice in Cameroon
(University of the Western Cape, 2023)The right to an effective remedy for victims of mass atrocities and the massive human rights abuses perpetrated in intra-state conflicts remains weak in international law. This is more so when such conflicts involve a ... -
ECOWAS court’s jurisdiction and the argument of sovereignty: an evaluation of an impeachment Debacle in Liberia
(University of the Western Cape, 2023)The need for a just and orderly society is the essence of retributive justice in domestic courts. Globalisation has left an immense mark on the development of both domestic and international laws. Rule of Law was largely ... -
Addressing the social protection deficits for waste declaimer’s in South Africa
(University of the Western Cape, 2023)Globally, social protection is an important aspect of creating a well-functioning labour market that promotes decent working conditions and alleviates poverty.1 Social protection is crucial in both living and working ... -
Collective bargaining in the digital platform economy
(University of the Western Cape, 2022)Collective bargaining is a process in which collective negotiation takes place between an employer and groups of employees who are represented by trade unions with conflicting interests seeking to reach an agreement.1 ... -
Legal responses to the right to nationality and prevention of statelessness among children in Africa
(University of the Western Cape, 2022)The challenge of statelessness among children is a persistent problem that requires a wide range of measures. Already constituting a societal group in a vulnerable situation, children born into situations of statelessness ... -
Addressing the social protection deficits for waste reclaimers in South Africa
(University of the Western Cape, 2023)Globally, social protection is an important aspect of creating a well-functioning labour market that promotes decent working conditions and alleviates poverty.1 Social protection is crucial in both living and working ... -
Evaluating the effectiveness of the audit committee: A case for protection of the independence of the audit committee under the South African corporate structure
(University of the Western Cape, 2022)The recent wave of corporate governance failures in South Africa has exposed, among others, weaknesses in the realm of the audit committee as an oversight body within the corporate structure, both in private and public ... -
A critique of the SADC region’s regulatory response measures to the Covid-19 pandemic, paying special attention to travel restriction measures and their effect on food security
(University of the Western Cape, 2023)The transition in the economy around the globe has led many countries to pursue integration at various levels. The importance of regional integration is highly noted in various parts of the world, with the most successful ... -
Examining privatisation as a solution to rescue South African state-owned entities
(University of the Western Cape, 2023)The term ‘state-owned entity’ (SOE) has no universal definition. ‘SOE’ refers to businesses founded by central and local governments and managed by government officials.1 An SOE can also be understood as a legal entity ... -
The enlightened shareholder value (esv) approach and the interpretation of the phrase ‘best interests of the company’ in South Africa
(University of the Western Cape, 2023)According to section 76(3)(b) of the Companies Act 71 of 2008, directors are obligated to incorporate the company's best interests in their objectives. Generally, this phrase denotes the interests of the shareholders ... -
Preventing the statelessness of refugee children through the statelessness determination procedure: Lesson for South Africa
(University of the Western Cape, 2022)By exploring the different causes of childhood statelessness in displaced children on a global scale, this thesis aims to highlight the urgent need to end childhood statelessness. The importance of statelessness determination ...
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