Browsing Faculty of Law by Issue Date
Now showing items 1-20 of 838
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A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman
(University of Western Cape, 1991)As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ... -
The effect of a constitution and bill of rights on abortion in South Africa: A comparative study
(University of the Western Cape, 1995)This dissertation explores the effect that, the new democratic order could have on the abortion laws of South Africa. In particular, it investigates how the Transitional Constitution with its Bill of Rights may impact, on ... -
An analysis of the human rights and gender consequences of the new South African constitution and bill of rights with regard to the recognition and implementation of Muslim personal law (MPL)
(University of the Western Cape, 1996)Prior to the new constitutional dispensation in South Africa all women had identities of race and gender imposed on them. With a new dispensation in place Muslim women, however, still have to deal with identities attributed ... -
Freedom of association and union security arrangements in the republic of South Africa and the Federal Republic of Germany
(University of the Western Cape, 1997)In the history of labour relations, trade unions have played a major role in protecting the rights of employees and improving their working conditions. They have defended their members against exploitation by employers. ... -
A legal analysis of provincial intervention in a municipality
(University of the Western Cape, 1999)With the introduction of the 1996 Constitutor local government was for the first time in South African history acknowledged as a fully-fledged 'sphere' of government and its role and responsibilities as an equal partner ... -
Remedies for unfair dismissal under the Labour Relations Act 66 of 1995
(University of the Western Cape, 2001)The Labour Relations Act 66 of 1995 (the Act) is primarily aimed at the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This is principally done through collective ... -
Transitional justice in Rwanda a case study of fair trial process
(University of the Western Cape, 2001)ln countries undergoing a shift from a repression to democracy, the question of transitional justice presents, in a very conspicuous manner, the first test for the establishment of a real democracy with the rule of law. ... -
Justice, truth and reconciliation under Rwandan domestic courts: specific reference to the Gacaca courts
(University of the Western Cape, 2001)lmmediately after the 1994 genocide in Rwanda, the government of national unity faced the onerous task of reconstructing a country laid desolate by the forces of genocide.The infrastructure was destroyed, and human resources ... -
Shadows of the past: chances and problems for the Herero in claiming reparations from multinationals for past human rights violations
(University of the Western Cape, 2002)The current situation regarding the accountabilty of transnational corporations, using the lawsuit of the Herero community of Namibia against two German corporations that were involved in the German colonial enterprise ... -
The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa
(University of the Western Cape, 2002)The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa -
The child's voice in the Hague Convention: Does ascertaining the child's view realise the best interests of the child in legal and related proceedings in terms of the Hague Convention on the Civil Aspects of International Child Abduction
(University of the Western Cape, 2002)No abstract available. -
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 ... -
Virginity testing: towards outlawing the cultural practical practice that violates our daughters
(University of the Western Cape, 2003)No abstract available. -
Competing water user sectors under a transformed South African water law: the role of local government, with a case study on the City of Cape Town Municipality
(University of the Western Cape, 2003)This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is ... -
"The duties of states under international and constitutional law to secure rights of access to water and to protect water sources in situations of armed conflicts"
(University of the Western Cape, 2003)Water is the basis of our life and without it human beings cannot live for more than a few days. Nearly every function of our body depends on sufficient water. It is for this reason that the lack of access to clean water ... -
The Right to Strike - Is it an effective component in regulating the South African labour market?
(University of the Western Cape, 2003)This research paper presents an analysis of the right to strike in South Africa. It starts by providing a historical overview of labour relations in South Africa and the development of the right to strike. The discussion ... -
A reevaluation on international law and policy related to the quantification of environmental harm
(University of the Western Cape, 2003)The doctrine of quantification of environmental damage is one of the most highly contested aspects of international law and also national policy. In the context of environmental law, there are various questions that are ... -
A critical analysis of legislation and policy pertaining to waste management and the control of pollution caused by waste in urban and industrial areas in South Africa
(University of the Western Cape, 2003)The central problem of my research is on how pollution and waste can be controlled and managed in urban and industrial areas. This is worthy of study because if the above said problem is not studied in order to be properly ... -
The impact of privatisation on socio-economic rights and services in Africa: the case of water privatisation in South Africa
(University of the Western Cape, 2004)This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South ... -
How can the voice of the child be adequately heard in family law proceedings
(University of the Western Cape, 2004)Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional ...