Browsing Faculty of Law by Title
Now showing items 124-143 of 932
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A case for civil forfeiture in Ethiopia
(University of the Western Cape, 2014)This research paper aims to clarify and argue the need for Ethiopia to include civil forfeiture in its assets forfeiture legal framework. It will analyse the existing domestic assets forfeiture laws and international ... -
The centre cannot hold: The role of subnational governments in policing in South Africa
(University of Western Cape, 2019)South Africa continues to experience one of the highest crime rates in the world. Crime is unevenly distributed, and the police are not trusted by the majority of citizens. The power and responsibility for policing lies ... -
Challenges combating money laundering in the real estate sector in South Africa
(University of the Western Cape, 2021)South Africa’s main anti-money laundering legislation consists of 2 pieces of legislation, namely: The Financial Intelligence Centre Act (FICA)1 and the Prevention of Organised Crime Act (POCA).2 Money Laundering is often ... -
The challenges posed by mandatory minimum sentence legislation and recommendations for improved implementation
(University of the Western Cape, 2003)Towards the end of 1997 Parliament unanimously enacted legislation that prescribe severe mandatory sentences for a large number of serious offences. Sections 51, 52 and 53 of the Criminal Law Amendment Act1 (hereinafter ... -
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 ... -
The challenges that unmarried fathers face in respect of the right to contact and care of their children: can amendments to the current law make enforcement of these rights more practical?
(University of the Western Cape., 2016)Historically, unmarried fathers had no rights in respect of their children born out of wedlock. “Until 1998, the unmarried father had obligations to his child under common law, but did not have any inherent rights with ... -
The changing face of collective bargaining
(University of the Western Cape, 2001)The International Labour Office submitted that Collective bargaining is an evolving social institution, subject to continuing process of change and growth. As practiced today in many countries, it is far different from 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 ... -
Changing the traditional role of the Auditor general: Is the Public Audit Amendment Act constitutional?
(University of Western Cape, 2020)The majority of South Africa’s 257 municipalities are in a dire state as evidenced by the recent reports of the Auditor-General (AG). 1 The Minister of Cooperative Governance and Traditional Affairs revealed that only ... -
Child soldiers and international law in the Darfur Region of Sudan: does conflict transformation offer a solution?
(University of the Western Cape, 2008) -
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. -
Children at both ends of the gun: towards a comprehensive legal approach to the problem of child soldiers in Africa
(University of the Western Cape, 2005)While the participation of children in armed conflict has been evident for some time, internal community mobilization on the issue is fairly recent. In 1993, the General Assembly of the United Nations adopted resolution ... -
Children's experiences and views on domestic violence
(University of the Western Cape, 2012)In a country in which human rights feature prominently in our discourse about who we are, as well as in the South African constitutional and legal framework, so many wrongs continue to be perpetrated on women and children. ... -
Children's health service rights and the issue of consent
(University of the Western Cape, 2007)Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not ... -
Children's right to consent to medical treatment and a consideration of the changes effected in the Children's Bill B70 D of 2003
(University of the Western Cape, 2006)Children's rights to consent to medical treatment and the balancing of parental rights have become the focus of much debate in South Africa over the last few decades. Issues concerning the age at which children can consent ... -
China in Africa: neocolonialism or mutual relationship?
(University of the Western Cape, 2024)As China’s investment in Africa continues to show unprecedented growth, 1questions are being raised about many aspects, including the infrastructure for ordering economic relations. The principal legal instruments that ... -
Cinema, cultural diversity and the globalization process.
(University of the Western Cape, 2005)The objective of this research was to examine the future of the cultural diversity of cinema through the GATS and the TRIPS Agreement
