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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A critical analysis of legislation and policy pertaining to waste management and the control of pollution caused by waste in urban and industrial areas in South Africa
(University of the Western Cape, 2003)The central problem of my research is on how pollution and waste can be controlled and managed in urban and industrial areas. This is worthy of study because if the above said problem is not studied in order to be properly ... -
The debate on sexual minority rights in Africa: A comparative analysis of the situation in South Africa, Uganda, Malawi and Botswana'
(University of the Western Cape, 2010)Gays, lesbians,2 and laws that criminalise homosexuality3 in Africa have been the subject of heated public debate in recent times.a Criminalisation and attempts at re-criminalisation of homosexuality in some African ... -
The exceptions to patent rights under the WTO-TRIPS agreement : where is the right to health guaranteed?
(University of the Western Cape, 2002)Health as the world affirmed in the Universal Declaration of Human Rights more than fifty years ago, is a fundamental human right and an indispensable component of development under any economic policy model.2 Poverty in ... -
A reevaluation on international law and policy related to the quantification of environmental harm
(University of the Western Cape, 2003)The doctrine of quantification of environmental damage is one of the most highly contested aspects of international law and also national policy. In the context of environmental law, there are various questions that are ... -
An analysis of the expanded mandate of local government under Covid-19
(University of the Western Cape, 2021)The Constitution places municipalities at the forefront of service delivery in South Africa. This can be discovered from a perusal of section 152(1)(b) of the Constitution, which provides that one of the objects of local ... -
From Yugoslavia to Sierra Leone: advantages and shortcomings of the ad-hoc tribunals and the hybrid courts
(University of the Western Cape, 2004)In this Mini thesis, I compare the advantages of the hybrid courts with the international ad-hoc tribunals, arguing that the potential of the hybrid courts to work successfully is much greater than that of the ad-hoc ... -
Justice, truth and reconciliation under Rwandan domestic courts: specific reference to the Gacaca courts
(University of the Western Cape, 2001)lmmediately after the 1994 genocide in Rwanda, the government of national unity faced the onerous task of reconstructing a country laid desolate by the forces of genocide.The infrastructure was destroyed, and human resources ... -
Collective bargaining, minimum labour standards and regulated flexibility in the South African clothing manufacturing sector: at the level of the national clothing bargaining council's Western Cape sub-chamber
(University of the Western Cape, 2006)In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that ... -
Conspiracy to commit genocide as understood through jurisprudence of the international criminal tribunal for Rwanda
(University of the Western Cape, 2009)ln 1995, following the atrocious crimes committed in Rwanda, the United Nations Security Council, with Resolution 955, established the international Criminal Tribunal for Rwanda (ICTR) in an effort to hold the alleged ... -
Transitional justice in Rwanda a case study of fair trial process
(University of the Western Cape, 2001)ln countries undergoing a shift from a repression to democracy, the question of transitional justice presents, in a very conspicuous manner, the first test for the establishment of a real democracy with the rule of law. ... -
The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom
(University of the Western Cape, 2022)The Labour Relations Act 66 of 1995 (LRA) makes provision for dismissal of employees based on an employer’s operational requirements (also known as retrenchments). The employer needs to meet both the substantive and ... -
The regulation of mental health in the South African workplace: a comparative analysis of South Africa, the Netherlands, Northern Ireland and the United Kingdom
(University of the Western Cape, 2022)The first democratic national elections held in 1994 marked the start of a new democratic era for South Africa, built upon the foundations of non-discrimination, democracy and equality for all.1 At the heart of the new ... -
The role of digital platforms in promoting cartel competition law enforcement within the AFCFTA: A focus on data privacy
(University of the Western Cape, 2022)Competition law preserves market competitiveness by regulating anti-competitive conduct. Competition law enforcement requires high levels of data transparency and traceability. The traditional method of competition law ... -
The intersection between labour and immigration law in South Africa
(University of the Western Cape, 2022)This thesis is focused on the rights of migrants in South Africa and how those rights are affected and intersect with the rights of migrants in terms of Immigration law or the respective laws which govern migrants. Migrants ... -
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 ... -
Remedies for unfair dismissal under the Labour Relations Act 66 of 1995
(University of the Western Cape, 2001)The Labour Relations Act 66 of 1995 (the Act) is primarily aimed at the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This is principally done through collective ... -
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 ... -
An analysis of the challenges presented to witness protection in combating money laundering in South Africa
(University of the Western Cape, 2022)The United Nations Asia and Far East Institute (‘UNAFEI’) and the Department of Justice of the Republic of the Philippines held the Fourth Regional Seminar on Good Governance For South East Asian Countries from 6-9 December ... -
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 ...
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