Magister Philosophiae - MPhil (Law): Recent submissions
Now showing items 21-40 of 76
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Realising the right to property for women in rural Lesotho
(University of Western Cape, 2021)The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of ... -
The importance of documentation for the protection of unaccompanied and separated migrant children and the realisation of access to socio-economic rights: An assessment of the participation and roles of stakeholders
(University of Western Cape, 2021)This paper reports on the findings of a study on the importance of documentation for unaccompanied separated migrant children on South African soil. The objectives of the study is to identify what the international and ... -
The influence of section 78 of the companies act 71 of 2008 on personal Liability insurance taken out by directors of companies
(University of the Western Cape, 2021)In order to understand the context of the research paper, a brief discussion has to be made as to the important fact that a director has to be appointed in a role to assist with the decision-making in running of a company.1 ... -
Legal impediments to regional integration in the great lakes region
(University of the Western Cape, 2014)The Great Lakes Region has long been viewed as a land of untapped economic potential due to, amongst other factors, the failures of the Economic Community of the Great Lakes Countries (ECGLC)1 and the Rwandan genocide. ... -
Comparative analysis of temporary employment services in South Africa, particularly labour brokers
(UWC, 2020)In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to ... -
Sexual and gender-based violence in international refugee law- examining whether women are effectively protected
(University of Western Cape, 2021)Refugee women experience the full spectrum of Sexual and Gender-based Violence (SGBV) throughout the refugee experience. SGBV is a global crisis that refugee women are subjected to daily. Refugee women face SGBV in their ... -
Factoring as tool of financial inclusion in Kenya
(University of the Western Cape, 2021)A popular difficulty that all SMEs have had to face is limited access to finance. The fact that banks are not prepared to finance small businesses, has exacerbated the existing 'financing gap' in the small and medium-sized ... -
Towards a fairer multi-lateral trade relations between the European union and African Caribbean and pacific countries?
(University of the Western Cape, 2005)Sugar, bananas, beef and cotton are some of the few products, which are the primary commodities in many African, Caribbean and Pacific countries (ACP).2 Many are highly vulnerable small islands, landlocked and least ... -
Directors personal liability for irregular, wasteful and fruitless expenditure in South African (SA) state owned companies (SOC)
(University of the Western Cape, 2019)Directors of companies are the forerunners in overseeing and strategically managing a company.1 The Companies Act 71 of 2008 (the Companies Act) gives the board of directors the legislative obligation for a company to ... -
Unfunded budgets in local government
(University of Western Cape, 2020)The Constitution of the Republic of South Africa entrenches the status of local government as a distinct sphere of government.1 In terms of section 40(1), the government of the Republic is constituted of three spheres, ... -
Playing in the shadows: An analysis of childhood statelessness and the right to nationality in South Africa and Zimbabwe.
(University of Western Cape, 2019)The Universal Declaration on Human Rights (UDHR) provides that „everyone has the right to nationality.‟1 Nationality2 refers to the legal relationship between a State and an individual.3 The consequences are that this legal ... -
Comparative analysis of temporary employment services in South Africa, particularly labour brokers
(University of the Western Cape, 2020)In the early 1990s, South Africa (SA) entered its democratic transition, which created expectations of a dramatic turnaround in the country’s economy.1 The readmission of SA to the global arena introduced the economy to ... -
Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala
(University of the Western Cape, 2020)Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family ... -
A comparative study on dismissal by operation of law in terms of the Public Service Act: South Africa and Namibia
(University of the Western Cape, 2019)The right to fair dismissal in South Africa is prescribed in the Labour Relation Act 66 of 1995 as amended. Employees may only be dismissed on grounds of misconduct, incapacity and operational requirements. The requirements ... -
Balancing trade remedies and preferential trade agreements: A South African experience
(University of the Western Cape, 2018)Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade ... -
The administrative autonomy of local authorities in Zambia under the 2016 Constitution
(University of the Western Cape, 2019)Zambia has, since independence in 1964, endeavoured to build an effective local government system anchored on decentralisation in an effort to attain the values and principles of democracy, autonomy and transparency. These ... -
A critical analysis of the African Union’s self-financing mechanism
(University of the Western Cape, 2019)In the process of describing the background to the problem, the author will in this section firstly, explain what the African Union (AU) has implemented, secondly, explain the relevant rules and regulations that need to ... -
The need to recalibrate the Africa trade facilitation legal framework to achieve an enduring intra-African trade
(University of the Western Cape, 2018)It is necessary to improve on Africa poor and stagnated share of the global trade and to attract bigger share of the global investments funds to meet the growing developmental challenges. The bottlenecks at the borders ... -
Assessing the impact of the 2016 constitution on intergovernmental relations in Zambia.
(University of the Western Cape, 2018)Decentralisation is the transfer of power, responsibilities, capacities and resources from the centre to the sub-units of the government. The main objective is to foster the capacity of local government to deliver services ... -
The significance of the amendments made to section 198 of the Labour Relations Act 66 of 1995.
(University of the Western Cape, 2018)In the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative ...