Browsing Magister Legum - LLM (Public Law and Jurisprudence) by Issue Date
Now showing items 1-20 of 432
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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 ... -
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 ... -
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 right of access to information: The Constitutionality of the promotion of access to information bill
(2000)The Constitution of the Republic of South Africa ("the Constitution") as well as its precursor ("the interim Constitution") 2entrench the right of access to information. ln the Constitution the right of access to information ... -
Making the rights of poor people practical in Malawi through a rights based approach to development
(University of the Western Cape, 2001)This thesis tackles the issue of human rights and poverty in the context of Malawi. Our main concern is to find ways of how to make human rights practical for poor people in Malawi through a human rights-based approach to ... -
Dispute settlement mechanisms in regional trade agreements: the EU-SA perspective
(University of the Western Cape, 2001)This paper shall attempt to define and explain the various forms of dispute settlement in regional trade agreements. Trade Agreements from various continents as well as the World Trade Organisation will be scrutinised. The ... -
Socio-economic rights in Africa: a critical evaluation of legal protection mechanisms and Implementation strategies
(University of the Western Cape, 2001)There is an emerging broad consensus that civil and political rights on the one hand, and socio-economic rights on the other, are ingenerated and indivisible. Taken together, they embody the cardinal norms which inform ... -
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. -
Emerging, rights language and community knowledge discourse in Africa's biodiversity protection regime : a case study of OAU's Model Law
(University of the Western Cape, 2002)Africa possesses huge amounts of genetic resources and traditional knowledge that sustain diverse small economies and local livelihood. The integrity of this natural wealth and cultural Pattern, however, is being seriously ... -
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 right to protected rivers: An analysis of the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and secure the sustainable use of rivers in South Africa.
(University of the Western Cape, 2003)This mini-thesis deals with the right to protected rivers whereby it analyses the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and ... -
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 ... -
Decentralisation in SADC countries :transformation and challenges of decentralisation
(University of the Western Cape, 2004)This study focussed on the transformation of the institutions of local government from deconcentration, delegation to devolution. This transformation can be looked at starting with the institutions inherited 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 ...
