Browsing Department of Public Law and Jurisprudence by Subject "South Africa"
Now showing items 1-20 of 65
-
Access to safe food in South Africa as a human rights imperative
(University of the Western Cape, 2015)The aim of this study is to examine laws and policies relating to food safety in South Africa, specifically with regard to labelling requirements in the food industry. It is hoped that this research will serve as a pointer ... -
The active and passive voting rights of convicted prisoners in South Africa and the United Kingdom
(University of the Western Cape, 2014)The purpose of this mini-thesis is to assess the present position regarding prisoner disenfranchisement in South Africa from a human rights perspective, and to recommend reforms of South African electoral legislation as ... -
An analysis of the impact of the European Union's policy of export subsidies has on South Africa's Agricultural sector
(University of the Western Cape, 2007)In this thesis, the study examines the factors that are believed to be instrumental in this trade imbalance between the European Union and the developing world in the agricultural sector. The study focuses on the main ... -
Animal welfare and culling: A legal analysis of South African biodiversity law
(University of the Western Cape, 2023)South Africa lacks an effective wildlife welfare regulatory framework. Biodiversity legislation focuses on the conservation and sustainable of natural resources use under the auspices of section 24 of the Constitution. The ... -
Anti-corruption initiatives in South Africa since 1994: a critical evaluation
(2013)The legacy of apartheid may be likened to a Hydra. This mythical beast was rumoured to be large in stature, with poisonous breath. However, the trait it was better known for was that it possessed many heads and for every ... -
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 ... -
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 ... -
Black economic empowerment: a study of recommendation by the Black Economic Commission and the practical effects of the application thereof relative to similar experiences in other developing countries
(University of the Western Cape, 2005)The market value of Black Economic Empowerment (BEE) companies listed on the JSE Securities Exchange (JSE) has fallen to only 2% of the overall market capitalisation of the JSE. Many BEE companies have disappeared from the ... -
The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation
(University of the Western Cape, 2004)Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the ... -
Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis
(University of the Western Cape, 2004)This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation ... -
Commentary on South Africa's position regarding equal pay for work of equal value: a comparative perspective
(University of the Western Cape, 2004)This paper compared the South African concepts of pay equity and equal pay for work of equal value with those of industrialised countries, including the United States, the United Kingdom, Australia and Canada. The study ... -
Commercial ostrich farming: a critical analysis of South Africa’s flightless animal welfare and well-being legislation
(University of the Western Cape, 2023)Game farming is becoming an increasingly lucrative industry. The owning of game animals and farms has been around for decades and has increased significantly. This situation is illustrated by the fact that in 2019 there ... -
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 constitutionality of using deadly force against a fleeing suspect for purposes of arrest
(University of the Western Cape, 2007)The advent of the supreme Constitution signaled the beginning of an era during which the South African legal system must be intolerant to human rights violations. All laws and conduct must conform to the Constitution. If ... -
Criminalisation of sex work as a human rights violation against women in South Africa
(University of the Western Cape, 2020)There is considerable and often emotive debate around the topic of sex work. Sex work is either criminalised, decriminalised, or legalised depending on the country. In South Africa, sex work is criminalised in section ... -
A critical analysis of the trade-related aspects of intellectual property rights agreement and has South Africa complied with this agreement with special reference to patented pharmaceuticals
(University of the Western Cape, 2006)The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) ia a multilateral international treaty introduced by the World Trade Organization (WTO) that came into effect on 1 June 1995. At a basic level it ... -
The (de) criminalisation of sexual conduct between same-sex partners: a study of Namibia, South Africa and Zambia
(University of the Western Cape, 2012)The main objective of this paper is to explore the legal status of sodomy laws in three African states (South Africa, Zambia and Namibia) from an international human rights perspective. The paper presents an argument that ... -
Decentralisation and constitutionalism in Africa: A comparative analysis of South Africa and Zimbabwe
(University of the Western Cape, 2020)Since the early 1990s, the move towards decentralisation has been given prominence in African constitutions. Countries that embarked on ambitious decentralisation processes had to make the necessary constitutional reforms. ... -
The decriminalisation of prostitution in South Africa : towards a legal framework
(University of the Western Cape, 2010)This mini-thesis seeks to provide a substantiation for the need for a new legal framework for South Africa in order to address prostitution. It will argue that the current legal framework has failed in its desired aims and ... -
Defining the concept "Fiduciary Duty" in the South African law of trusts
(University of the Western Cape, 2006)An aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position ...