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Now showing items 11-20 of 41
Contractual discretionary powers and the essentialia of price and rental in the South African law of sale and lease – a jurisprudential and comparative analysis
(2013)
This thesis concerns the tension that exists between the principles of certainty and freedom of contract (which includes the notion of contractual discretionary powers) and how this tension impacts on the requirement that ...
‘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 ...
Realising the right of children with disabilities to early childhood development in South Africa
(University of Western Cape, 2014)
This study sets out to establish what is required of the South African government to
comply with international human rights treaties and Constitutional obligations with
respect to early childhood development (ECD) for ...
Constitutionalising the common law : considering the constitutional dispensation which affords all workers protection via section 23 of the constitution
(University of the Western Cape, 2010)
The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of ...
Public participation in constitution-making: A critical assessment of the Kenyan experience
(University of the Western Cape, 2009)
Kenya has embarked on a constitutional making process that is hoped to ensure a transition to
democracy. The current constitution making process is not the first of its kind in post
independence Kenya.1 Since the Lancaster ...
Intergenerational solidarity and the provision of support and care to older persons
(University of the Western Cape, 2010)
This thesis deals with a very important issue in South African society, i.e. the provision of financial and non-cash support to older persons. Older persons in South Africa can be described as a sizeable but vulnerable ...
Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa
(University of the Western Cape, 2005)
The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that ...
Equality and non discrimination in tertiary education for the visually impaired
(University of the Western Cape, 2009)