Browsing Faculty of Law by Title
Now showing items 354-373 of 925
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Evictions; towards a transformative interpretation of the constitutional requirement of considering 'all relevant circumstances'
(University of the Western Cape, 2006)This research paper aimed to explore the relevant circumstances that the legislature has specified must be considered before an eviction application is granted and the meaning that the courts have given these circumstances ... -
The evolving role of the company secretary and its impact on corporate governance
(University of the Western Cape, 2020)This research paper has examined whether and to what extent current legislation must be amended to make provision for the evolving role of the company secretary. The significance of the problem will be discussed by considering ... -
An examination of the corporate governance failures and challenges at key South African SOEs and the implications on enterprise efficiency: A case study of ESKOM
(University of the Western Cape, 2023)Corporate Governance encapsulates a set of rules and corporate systems which have been established to steer a company in a certain direction. In the case of State-Owned Entities, these entities were established as a mechanism ... -
An examination of the extent to which South Africa is meeting its legal obligations with regard to the protection of undocumented foreign migrant children
(University of the Western Cape, 2005)This thesis examined the extent to which South Africa has domesticated the international provisions protecting foreign migrant children. The thesis further investigated procedural gaps and makes recommendations in respect ... -
An examination of the legal framework governing opportunities and barriers to economic development in Southern Africa: a case study of Zimbabwe
(University of the Western Cape, 2016)This thesis examines the legal framework of Zimbabwe to determine if the laws and policies which are in place create opportunities for, or barriers to, economic development. Specifically, it examines the legal framework ... -
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 ... -
Examining the effectiveness of the Corporate Leniency Policy in combating cartels under the Competition Act in South Africa with specific reference to directors’ liability.
(2024)The economy is harmed by the behaviour of a director that engages in anticompetitive behaviour in the sense that consumers may suffer the economic consequences in the form of having lesser buying power. This restricts ... -
Examining the effectiveness of the Malawian Financial Intelligence Authority in the fight against money laundering
(University of the Western Cape, 2018)Money laundering (hereafter ML) is a multidisciplinary topic which has become important since the late 1980s. The term ‘laundering’ literally means ‘washing’ or ‘removing dirt’. It has been defined as the conversion of ... -
Examining the interplay between dismissals for operational requirements and automatically unfair dismissals in terms of section 187(1)(c) of the LRA
(University of the Western Cape, 2016) -
Examining the link between economic development and the enforcement of socio-economic rights in Africa: A case study of South Africa and Nigeria
(University of Western Cape, 2021)This year marks 57 years since Organisation of African Unity (OAU) was formed on 25 May 1963 in Addis Ababa, Ethiopia. This year also marks 18 years since the African Union (AU) was formed on 9 July 2002 in Durban, South ... -
Examining the parameters of the powers of the Minister of Local Government to issue policy directives to urban local authorities in Zimbabwe in terms of section 313 of the Urban Councils Act
(University of the Western Cape, 2014)This is a desktop based study which will analyse relevant books and chapters in books relating to supervision of local governments by national and other higher level governments. It will also examine legislation, journal ... -
Examining the South African competition law enforcement institutional framework: Lessons for Sierra Leone
(University of Western Cape, 2021)Trade liberalisation, free-market system, privatisation and deregulation have become major steps taken by individual countries to accelerate economic growth. This trend has made competition law and its enforcement institutional ... -
Examining the use of transitional justice mechanisms to redress gross violations of human rights and international crimes in the northern Uganda conflict
(University of the Western Cape, 2017)Uganda and her citizens have endured a troubled, violent, conflict-prone history since independence from the British on 9th October 1962. Conflict in Uganda, just like in many an African country, has its primary root ... -
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 ... -
Exorcising the antiquity spirit of intolerance : possibilities and dilemmas of decriminalizing sodomy laws in Uganda
(UWC, 2007)This dissertation proposes various methods to decriminalize same-sex sexual intercourse as an offense in Uganda. Chapter One introduces the problem of the sodomy laws and how it has recently taken center stage in the ... -
Exploring a sustainable anti-corruption regime for Tanzania
(University of the Western Cape, 2017)Corruption is among the world's devastating social, economic and political problems. It is enormous to the extent that ''not one single country, anywhere in the world, is corruptionfree''. Its effects on the quality of ... -
Exploring the adoption and implementation of national anti-dumping measures in Uganda in the light of regional and international trade obligations
(University of the Western Cape, 2017)A tariff on imports (or customs duty) is a government imposed financial charge or tax on imported goods. It can be levied as a percentage of the import's value or as a specified tax per unit cost. Countries have debated ... -
Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law
(University of the Western Cape, 2020)This research will chart and navigate the early stages in the development, conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a mechanism of legal redress in Islāmic law (Sharī’a). The research ...