Browsing Department of Public Law and Jurisprudence by Subject "South Africa"
Now showing items 21-40 of 65
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Employer's prerogative in the context of outsourcing
(University of the Western Cape, 2005)This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party. -
The enforceability of international surrogacy in South Africa : how would a South African court proceed in determining an international surrogacy case?
(University of the Western Cape, 2016)In this research, I sought to investigate the extent to which South Africa recognises international surrogacy agreements. I examined Chapter 19 of the Children's Act as the first legislation to afford surrogate motherhood ... -
An examination of the extent to which South Africa is meeting its legal obligations with regard to the protection of undocumented foreign migrant children
(University of the Western Cape, 2005)This thesis examined the extent to which South Africa has domesticated the international provisions protecting foreign migrant children. The thesis further investigated procedural gaps and makes recommendations in respect ... -
The extent of the regulation of atypical employment relationships in Ethiopian law, with comparative reference to South African labour law
(2009)Universally, workers’ protection is centred on the standard employment relationship (full-time,indeterminate employment) based on the distinction between ‘employee’ and ‘independent contractor’; nonetheless globalization ... -
Freedom of expression under apartheid
(University of the Western Cape, 2009)Over the past decades, transitions from repressive rule to democracy have increased all over the world, aiming at establishing disclosure and accountability for the crimes perpetrated. One way of assessing the “solidity” ... -
Globalisation and work regulation in South Africa
(University of the Western Cape, 2009)This research paper examines the different forms of employment patterns that have emerged as a result of globalisation as well as the mechanisms that have been used by the legislator to accommodate those in non-standard ... -
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 ... -
The impact of 9/11 on the South African anti-terrorism legislation and the constitutionality thereof
(University of the Western Cape, 2005)This paper aimed at analysing what was South Africa's response to its international obligations regarding the 9/11 events and how does such response comply with the country's constitutional framework. This study gave a ... -
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 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 ... -
The impact of supervisory orders and structural interdicts in socio economic rights cases in South Africa
(University of the Western Cape, 2013)The sentiment of Justice Ackerman that courts have a particular responsibility and obligation to “forge new tools” and shape innovative remedies to achieve a goal, is profound and based on a constitution with a transformative ... -
Intellectual property, entrepreneurship and the music industry: a new ray of hope for enhancing African international trade capacity? A South African case study
(University of the Western Cape, 2005)This thesis aimed to examine the prevailing international intellectual property regime as embodied especially in the TRIPS Agreement, for purposes of outlining some of the criticisms levelled against it especially by the ... -
Labour legislation and SMME's: The impact of sectoral determination 1: contract cleaning sector South Africa on the growth of small, medium and micro enterprise
(University of the Western Cape, 2006)This thesis explored the impact that Sectoral Determination 1: Contract Cleaning Sector, South Africa had on the growth of small, medium and micro enterprises (SMMEs) in the sector. It critically examined the prevailing ... -
A legal response to child trafficking in Africa: A case study of South Africa and Benin
(University of the Western Cape, 2007)Human trafficking has emerged over the past three decades as an issue of considerable concern for the international community, and governments around the world have committed themselves to enacting legislation to combat ... -
Life Imprisonment in International Criminal Tribunals and Selected African Jurisdictions - Mauritius, South Africa and Uganda.
(University of the Western Cape, 2009)The study has three major aims: To give a detailed discussion of the question of punishment and the three major theories or objectives of punishment – retribution, deterrence and rehabilitation, from a philosophical point ... -
The limitation of fundamental rights
(University of the Western Cape, 1999)South Africa's new Constitution has been hailed as one of the most democratic and sophisticated in history, surpassing even the Constitutions of many first world countries. Of paramount importance in the Constitution is ... -
The link between gender inequality and food security among female students at tertiary institutions in South Africa
(University of Western Cape, 2019)This study explores the nexus between gender inequality and food security through the lens of female students at tertiary institutions in South Africa. It aims to highlight the gendered dimensions of the political, ... -
Natural fathers of extramarital children should have an inherent right of access to their children!
(University of the Western Cape, 1991)The story which I am about to relate is a true one. However, to protect the privacy of the parties concerned, their names have been changed. I have a friend called Bob. Bob is the biological father of a five-year-old girl ...