Browsing Faculty of Law by Title
Now showing items 79-98 of 925
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The appointment of a SARS official as facilitator in alternative dispute resolution proceedings: is it a violation of a taxpayer’s right under section 34 of the Constitution?
(2024)In each year of assessment, qualifying taxpayers are, by virtue of the relevant provisions of the Income Tax Act 58 of 1962 read with the Tax Administration Act 28 of 2011 (‘TAA’), required to submit an income tax return ... -
Appraisal of South Africa’s legislative adoption of the twin-peaks system in light of international experiences
(University of Western Cape, 2021)The 2007-2008 global financial crisis demonstrated the weakness of a light-touch financial regulatory system. The global financial crisis thus formed the basis for countries to reconsider a model of financial regulation ... -
An appraisal of the anti-money laundering regime in Zimbabwe
(University of the Western Cape, 2021)Annually, money laundering costs global financial markets $2.5 trillion. Money laundering is especially problematic in that it results in a plethora of socioeconomic problems including poor economic performance and an ... -
The appropriateness of equality legislation in addressing the challenges faced by black professional employees in South Africa
(University of the Western Cape, 2019)All employees aspire to work at a place of employment which is free from racial discrimination, where equal opportunity and fair treatment are not merely principles that are promoted and encouraged, but implemented actively ... -
Are employees suffering from depression in the South African workplace protected by the existing disability provisions within employment law?
(University of the Western Cape, 2017)Depression is a mood disorder that negatively affects the way in which a person feels about himself or herself. This can ultimately affect an employee's ability to work, through reducing his or her capabilities to perform ... -
Are traditional African practices relating to child marriages in the face of HIV/AIDS in violation to the South African legal framework?
(University of the Western Cape, 2015)The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage ... -
The art of counting fish: An analysis of the potential regulation of marine fisheries in areas beyond national jurisdiction
(University of the Western Cape, 2022)The 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) is ineffective in ensuring the conservation and long-term sustainability of marine fisheries in Areas beyond national Jurisdiction (ABNJ). This is a ... -
Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)
(University of the Western Cape, 2018)In the South African local government context, municipalities are operationally governed through two arms: the political arm and the administrative arm. Both arms work simultaneously in ensuring that the municipality ... -
Assessing the impact of the 2016 constitution on intergovernmental relations in Zambia.
(University of the Western Cape, 2018)Decentralisation is the transfer of power, responsibilities, capacities and resources from the centre to the sub-units of the government. The main objective is to foster the capacity of local government to deliver services ... -
Assessing the implementation of the Convention on the Rights of the Child in Lusophone Africa (Angola and Mozambique)
(University of the Western Cape, 2012) -
Assessing the independence and credibility of the national prosecuting authority
(University of the Western Cape, 2019)Members of the National Prosecuting Authority (NPA) are required to be dedicated to the rule of law. Yet, recent and past decision-making has caused instability in the functioning of the NPA. The decision to prosecute ... -
Assessing the right to physical access to justice, for persons with disabilities
(University of the Western Cape, 2017)Access to justice for persons with disabilities is specifically safeguarded in a number of international conventions, standards and recommendations. The Rights of Persons with Disabilities to access to justice is explicitly ... -
An assessment of assets declaration by public officers as an anti-corruption measure in Nigeria
(University of the Western Cape, 2019)Although corruption is a global problem, its nature, extent and consequences in Nigeria are alarming. Nigeria has a plethora of laws, policies and institutions that have been put in place by the government to keep corruption ... -
An assessment of South Africa's obligations under the United Nations Convention against torture
(University of the Western Cape, 2010)I attempt to analyze South Africa's legal position pertaining to torture, in relation to the international legal framework. Since it has been established that torture and cruel inhuman and degrading treatment (CIDT) usually ... -
An assessment of the adequacy of the present legal regime for the conservation of wetlands and estuaries in South Africa
(University of the Western Cape, 2011)Very little protection has been afforded to wetlands1 and estuaries within the South African legislative framework.2 These ecosystems are extremely important and valuable to mankind, the flora and fauna.3 The continued ... -
An Assessment of the application of the Sanitary and phytosanitary agreement of the WTO and its impact on International Trade: A Sub-Saharan perspective
(University of the Western Cape, 2006)A lot of work has been done regart=ding the SPS agreement and its impact on iternational trade, though not so connclusive. The study, however, is going to deal specifically with an impact of the SPS agreement to the SSA ... -
An assessment of the constitutionality of the directions and regulations issued to local government during the Covid-19 state of disaster
(2021)President Cyril Ramaphosa first addressed the nation regarding the Covid-19 pandemic on the 15th of March 2020, when he announced the national state of disaster in terms of the Disaster Management Act (DMA) to prevent the ... -
Assessment of the development of victims' rights within the legislative and policy framework in South Africa
(University of the Western Cape, 2009)This study assesses the development ofvictims' rights in the legislative and policy framework in South Africa. It is argued that although victims' rights are recognised more has to be done to concretise these rights. -
An assessment of the laws that aim to protect employees against discrimination on the ground of disability: a comparative analysis
(University of the Western Cape, 2023)South Africa is known for its history of unfair discrimination. During apartheid persons with disabilities, women and black people were subjected to unfair discrimination and research shows that this is still the case. ...