Browsing Faculty of Law by Issue Date
Now showing items 1-20 of 952
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A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman
(University of Western Cape, 1991)As a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. ... -
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 ... -
Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana
(University of the Western Cape, 1991)This study was undertaken to establish whether the phenomenon known contract appears in indigenous law and if it is possible to refer to indigenous contract law in general . Because indigenous law differs not between ... -
The effect of a constitution and bill of rights on abortion in South Africa: A comparative study
(University of the Western Cape, 1995)This dissertation explores the effect that, the new democratic order could have on the abortion laws of South Africa. In particular, it investigates how the Transitional Constitution with its Bill of Rights may impact, on ... -
An analysis of the human rights and gender consequences of the new South African constitution and bill of rights with regard to the recognition and implementation of Muslim personal law (MPL)
(University of the Western Cape, 1996)Prior to the new constitutional dispensation in South Africa all women had identities of race and gender imposed on them. With a new dispensation in place Muslim women, however, still have to deal with identities attributed ... -
Freedom of association and union security arrangements in the republic of South Africa and the Federal Republic of Germany
(University of the Western Cape, 1997)In the history of labour relations, trade unions have played a major role in protecting the rights of employees and improving their working conditions. They have defended their members against exploitation by employers. ... -
Kurds Kurdistan and the claim of the right of self determination of peoples
(University of the Western Cape, 1997)Background: Since the French Revolution, the concept of self-determination has been inter-twined with international political discourse. Conflicting interpretations of the concept of self-determination have given rise to ... -
An accused's rights of access to police dockets for bail hearings
(University of the Western Cape, 1998)Bail has always been a controversial and contentious topic m constitutional debate. The sensational coverage by the media of the failure by the criminal justice system to make use of the existing resources in preventing ... -
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 ... -
War crimes under international customary law: the historical development and the legal issues
(University of the Western cape, 1999)War is characterizedby outburst of primitive, raw violence and has always played an important role in the history of mankind. When states or groups within a state cannot or will not settle their disagreements or differences ... -
Defining the limits of parliament's powers to intervene in the Exclusive provincial schedule 5 competences in terms of section 44(21of the constitution of south africa act, act no.108 of 1996, With reference to the liquor bill case
(UWC, 2000)Constitutional law prescribes how power is exercised by the different branches of government and organs of state. ln a federal state or a unitary state in which there is a devolution of power to the regions, the allocation ... -
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 ... -
Trade and development in the WTO: special and differential treatment for developing countries in the WTO
(University of the Western Cape, 2000)The integration of developing countries into the multilateral trade system has greatly evolved over the last fifty years, as has the thinking about the nature of trade policies appropriate for development. The purpose ... -
Justifications for the use of force under contemporary international law - the Nato air strikes in Kosovo
(University of the Western Cape, 2000)The history of the territory known for the better part of the 20th century as Yugoslavia is a history of trying to amalgamate what nature seems determined to fragment - to "balkanise." Modern Yugoslavia arose after World ... -
Remedies for unfair dismissal under the Labour Relations Act 66 of 1995
(University of the Western Cape, 2001)The Labour Relations Act 66 of 1995 (the Act) is primarily aimed at the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This is principally done through collective ... -
Transitional justice in Rwanda a case study of fair trial process
(University of the Western Cape, 2001)ln countries undergoing a shift from a repression to democracy, the question of transitional justice presents, in a very conspicuous manner, the first test for the establishment of a real democracy with the rule of law. ... -
Justice, truth and reconciliation under Rwandan domestic courts: specific reference to the Gacaca courts
(University of the Western Cape, 2001)lmmediately after the 1994 genocide in Rwanda, the government of national unity faced the onerous task of reconstructing a country laid desolate by the forces of genocide.The infrastructure was destroyed, and human resources ... -
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 ... -
The possible impact of the international criminal court on human rights in Africa
(UWC, 2001)The cruelty and horrors of World War ll were historic in shaping the new world order. The international protection of human rights then gained eminence following the establishment of the Nuremberg and Tokyo international ...