Browsing Faculty of Law by Title
Now showing items 259-278 of 925
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The decriminalisation of prostitution in South Africa : towards a legal framework
(University of the Western Cape, 2010)This mini-thesis seeks to provide a substantiation for the need for a new legal framework for South Africa in order to address prostitution. It will argue that the current legal framework has failed in its desired aims and ... -
Deductions from employees’ remuneration: seeking clarity in the law
(2009)Sectoral Determination 9,1 Wholesale and Retail Sector echoes the wording found in the Basic Conditions of Employment Act2 when it comes to the section pertaining to deductions from employees’ remuneration. It is unclear ... -
Defining the concept "Fiduciary Duty" in the South African law of trusts
(University of the Western Cape, 2006)An aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position ... -
Defining the limits of parliament's powers to intervene in the Exclusive provincial schedule 5 competences in terms of section 44(21of the constitution of south africa act, act no.108 of 1996, With reference to the liquor bill case
(UWC, 2000)Constitutional law prescribes how power is exercised by the different branches of government and organs of state. ln a federal state or a unitary state in which there is a devolution of power to the regions, the allocation ... -
Democracy in action: Public participation and the progressive realisation of socio-economic rights
(University of the Western Cape, 2012)While the Constitutional Court has repeatedly enforced a duty to meaningfully engage with communities where the provision of basic social services and goods is at stake, uncertainty about the form, extent and quality of ... -
Deploying transitional justice mechanisms as anti-corruption tools in Africa
(University of the Western Cape, 2020)This thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or ... -
The determinants of the child’s best interests in relocation disputes
(University of the Western Cape, 2015)This thesis explores the factors that our courts take into account in determining what would constitute the best interests of the child in granting or refusing relocation applications. This study deals with the formulation ... -
Developing a Community Engagement Model as a Normative Framework for Meaningful Engagement During Evictions
(University of the Western Cape, 2016)The research problem of this study is the jurisprudential inconsistency in the application of the right in section 26(3) of the South African Constitution's Bill of Rights. The inconsistency is due to inadequate conceptualisation ... -
Developing a regional competition regulatory framework in the Southern African Development Community (SADC)
(University of the Western Cape, 2015)This study aims to evaluate the prospective benefits and challenges of developing a regional competition regulatory framework in SADC. Further, the study seeks to identify important lessons from the EU and COMESA that ... -
Developing a sound legal and regulatory framework for special economic zones in Malawi
(University of the Western Cape, 2019)Export Processing Zones (“EPZs”) were introduced in Malawi in 1995. EPZs are one of several types of Special Economic Zones (“SEZs”). The legal and regulatory framework for the Malawi EPZs was established by the Export ... -
Developing an independent regulatory framework for the financial sector in Malaŵi
(University of the Western Cape, 2011) -
Developing an independent regulatory framework for the financial sector in Malaŵi
(University of the Western Cape, 2011) -
Developing an Understanding of the factors related to the effective functioning of Community Health Committees in Nelson Mandela Bay Metropolitan Municipality, Eastern Cape Province, South Africa
(University of the Western Cape, 2007)This research aimed to investigate the factors related to the functioning of Community Health Committees in Nelston MandelaBay Municipality. It intended to elicit information on factors which promote and inhibit their ... -
Development assistance approaches in Cameroon: a comparison of the heavily indebted poor countries initiative and China’s white paper on foreign aid
(University of the Western Cape, 2014)This research acknowledges that although literature abounds on development assistance in general, not much has been published yet on Cameroon specifically. Therefore, this mini-thesis seeks to contribute to fill this gap. ... -
Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010
(University of the Western Cape, 2013)State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the ... -
Die ontwikkeling van ʼn holistiese behuisingsevalueringsmodel vir laekostebehuising
(University of the Western Cape, 2007)Human ecologists agree with the government’s view that a house encompasses more than a structure, and that its environment and location are equally important in meeting the needs and expectations of the occupants. This ... -
Directors personal liability for irregular, wasteful and fruitless expenditure in South African (SA) state owned companies (SOC)
(University of the Western Cape, 2019)Directors of companies are the forerunners in overseeing and strategically managing a company.1 The Companies Act 71 of 2008 (the Companies Act) gives the board of directors the legislative obligation for a company to ... -
Directors Personal Liability for Irregular, Wasteful and Fruitless Expenditure in South African (SA) State owned Companies (SOC).
(University of the Western Cape, 2020)Directors of companies are the forerunners in overseeing and strategically managing a company.1 The Companies Act 71 of 2008 (the Companies Act) gives the board of directors the legislative obligation for a company to be ... -
Disability discrimination and reasonable accommodation in the South African workplace
(University of the Western Cape, 2008)People with disabilities are a minority group who has suffered disadvantage especially in the workplace. They currently enjoy Constitutional and legislative protection in a democratic South Africa.