Browsing Faculty of Law by Title
Now showing items 927-946 of 952
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Variations in the adoption of children: African versus Western Jurisprudence
(2024)During the colonial era, South Africa's indigenous normative order was subjugated by European laws, which led to a distortion of indigenous laws and the perception that Western jurisprudence was the supreme law. However, ... -
The veto power to terminate provincial interventions in terms of section 139 (2)(B) and 139(3)(B) of the constitution
(University of the Western Cape, 2014)The study aims to detect the outcomes for provincial and local governments when the veto power was invoked. This in turn provides evidence based information on the extent to which the intergovernmental checks and balances ... -
Virginity testing and male circumcision: harmful practices of customary law?
(University of the Western Cape, 2006)When dealing with an issue of customary law, one has to begin by giving a definition of customary law for the purposes of understanding. Customary law is defined in the Recognition of Customary Marriages Act1 as being ... -
Virginity testing: towards outlawing the cultural practical practice that violates our daughters
(University of the Western Cape, 2003)No abstract available. -
The voting rights of mentally unsound or disorderly citizens and persons detained involuntarily under the mental health care act
(University of the Western Cape, 2022)South Africa is a diverse country that plays host to various minority groups. By a minority group I mean a subordinate group whose members have significantly less power or control over their lives than members of a ... -
The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation
(University of the Western Cape, 2010)This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm ... -
War crimes under international customary law: the historical development and the legal issues
(University of the Western cape, 1999)War is characterizedby outburst of primitive, raw violence and has always played an important role in the history of mankind. When states or groups within a state cannot or will not settle their disagreements or differences ... -
The wealth declaration system in Kenya: a Critical study
(University of the Western Cape, 2020)The culture of corruption is rooted deeply in Kenya. It may be described as an incurable infectious disease.1 Kenya has been ranked as one of the most corrupt countries in the world. For the last three years, Kenya has ... -
When does the conduct of an employer infringe on an employee's constitutional right to privacy when intercepting or monitoring electronic communications?
(University of the Western Cape, 2008)The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) that regulates the monitoring of electronic communications has not yet been tested by our courts. ... -
‘When is dismissal an appropriate sanction for misconduct? and who has the last say?’
(2009)In this mini-thesis, I will present a historical development of the manner in which South African courts have tested the fairness of dismissals, for misconduct. South African Labour history has been marred by confusion and ... -
Who interprets the constitution: A descriptive and normative discourse on the Ethiopian approach to constitutional review
(University of the Western Cape, 2005)This study explored the process of constitutional interpretation and constitutional review in Ethiopia and determined the role of the courts. It examined the different suggestions made by different authors and officials ... -
Women's access to land in Uganda
(University of the Western Cape, 2022)The thesis analysed the Ugandan policy and legal framework on women’s land rights vis-à-vis the regional and international legal and policy framework, to identify the gaps, progress and the way forward. Four objectives ... -
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in chipinge and chimanimani districts of Zimbabwe
(University of the Western Cape, 2024)Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s ... -
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in Chipinge and Chimanimani districts of Zimbabwe
(University of the Western Cape, 2024)Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s ... -
Women’s rights and freedoms in Islamic jurisprudence pertaining to marriage and divorce: lessons for south Africa from Morocco and Tunisia?
(University of Western Cape, 2014)The objective of this doctoral thesis is essentially two-fold: first, it seeks to ascertain whether the rights and freedoms of Muslim women in the contexts of marriage and divorce are adequately protected in terms of Islamic ... -
Women’s Socio-Economic Rights in the Context of HIV and AIDS in South Africa: Thematic Focus on Health, Housing, Property and Freedom from Violence
(University of the Western Cape, 2011)The thesis finds that the majority of women affected by HIV and AIDS in South Africa still live in conditions of poor access to health services, inadequate access to housing, limited access to property and live amidst ... -
Workplace bullying: An evaluation of the legal framework on workplace bullying in South Africa: Need for reform
(University of the Western Cape, 2022)Workplace bullying is often associated with negative acts such as harassment, discrimination and victimisation,1 which is the reason that legal certainty is required, for protection against such conduct. Consequently, ... -
World Bank governance conditionality, sovereignty of borrowing states and effectiveness of investment loans: an analysis of the Chad-IBRD loan agreement
(University of the Western Cape, 2007)Thirty years after it has achieved its independence, the Republic of Chad, which has faced a long political instability, decided to exploit its oil resources in order to achieve its development objectives. Owing to the ...