Browsing Faculty of Law by Title
Now showing items 756-775 of 925
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The role of local government in the effective implementation of the National Environmental Management: Integrated Coastal Management Act 2008- a case of the Draft Cape Town Metropolitan Coastal Protection Zone Management by-Law
(University of the Western Cape, 2012)The purpose of the study is to outline the relevant legislation and assess whether it is adequately applied to protect the 240 km coastline with its associated sensitive ecosystems; in particular, as assessment will be ... -
The role of procedural laws in asset recovery: a roadmap for Tanzania research
(University of the Western Cape, 2014)Corruption is rampant in Tanzania. It is one of the major obstacles to the economic growth and sustainability of the country. The country loses a huge amount of money through corrupt practices. It is estimated that 20% of ... -
The Role of provinces in the use of interventions in terms of Section 139(1)(A)-(C) of the constitution
(University of the Western Cape, 2015)The fragmented approach of provinces in the use of legislation and policies, coupled with the uncertainty of key terms in the context of section 139(1) of the Constitution, have resulted in provincial executives not being ... -
The role of the Auditor-General in the promotion of efficient financial management in municipalities: a case study of the North West province
(University of the Western Cape, 2020)That South African municipalities, in vast majority, are experiencing serious financial problems is well-known to anyone with an interest in local government sector. Given that, the study considers the role of the ... -
The role of the victim in the South African system of plea and sentence agreements: a critique of section 105a of the criminal procedure act
(2009)Crime victims once played a prominent role in the criminal justice system. Historically, victims who sought to bring their wrongdoers to justice conducted their own investigations and argued their own cases or employed ... -
The role of the World Bank regulations and programmes in reducing poverty in Ethiopia
(University of the Western Cape, 2007)Despite some gains in economic reforms and international commitments, Ethiopia still maintains the position of one of the poorest countries in the world in the 21st century with very little power to influence the allocation ... -
The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa
(University of the Western Cape, 2018)South Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that ... -
Rwanda’s responses to money laundering
(University of the Western Cape, 2014)In 20 the years after the genocide that afflicted Rwanda, the country has made considerable progress towards developing human resources in the public sector. It has kick-started its economy and improved sectors such as ... -
Safeguard dilemmas: The need for practical special and differential treatment for developing countries
(University of the Western Cape, 2006)Safeguards are among the most controversial of all trade remedies, due to the fact that they are contrary to the general principles of international fair trade as articulated in the various ageements governing the relationship ... -
Safeguarding the right to freedom from arbitrary detention in Cameroon
(University of the Western Cape, 2021)Arbitrary detention is a human rights violation. Its complete eradication is a major concern to the international community. The International Covenant on Civil and Political Rights (ICCPR) is the main treaty that protects ... -
Safeguarding the right to freedom from torture in Africa: the Robben Island guidelines
(University of the Western Cape, 2005) -
Safeguarding the right to freedom from torture in Cameroon
(University of the Western Cape, 2012)The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and ... -
'The school funding system in post-apartheid South Africa: Is the right to adequate basic education accessible to the rich only?'
(University of the Western Cape, 2009)The financing of public schools in South Africa is dependent on school fees to a great extent. However, the legislative process governing the charging of school fees perpetuates the entrenched inequality in the education ... -
The scope and content of the child's right to identidy in the context of surrogacy
(University of the Western Cape, 2017)The development of assisted reproductive technology (ART) has radically changed the landscape of the conventional family. It has permitted a platform for the creation of families and family structures with tremendous ... -
Scrutinising the modes of responsibility under the Rome statute : settling the dust
(University of the Western Cape, 2015)Under international criminal law (ICL), there are factual and legal intricacies. Of these intricacies, the issues concerning the modes of responsibility, which are enshrined under Article 25(3) of the ICC Statute, have ... -
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 ... -
Self-referrals to the international criminal court: legal analysis, case studies and critical evaluation
(University of the Western Cape, 2017)The main contributor of situations before the International Criminal Court (hereinafter ICC) has been state parties that have referred situations on their own territory to the ICC through “self-referral”. This study examines ... -
Senior Managerial Employees: Their Right to Bargain Collectively and their Right not to be Unfairly Dismissed
(University of the Western Cape, 2001)This paper addresses a special class of employees in the South African labour law. Senior managerial employees in South African labour law as well as the international jurisprudence have become a matter of controversy. The ... -
Sexual and gender-based violence in international refugee law- examining whether women are effectively protected
(University of Western Cape, 2021)Refugee women experience the full spectrum of Sexual and Gender-based Violence (SGBV) throughout the refugee experience. SGBV is a global crisis that refugee women are subjected to daily. Refugee women face SGBV in their ...