Faculty of Law: Recent submissions
Now showing items 101-120 of 932
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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 ... -
Collective bargaining, minimum labour standards and regulated flexibility in the South African clothing manufacturing sector: at the level of the national clothing bargaining council's Western Cape sub-chamber
(University of the Western Cape, 2006)In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that ... -
Conspiracy to commit genocide as understood through jurisprudence of the international criminal tribunal for Rwanda
(University of the Western Cape, 2009)ln 1995, following the atrocious crimes committed in Rwanda, the United Nations Security Council, with Resolution 955, established the international Criminal Tribunal for Rwanda (ICTR) in an effort to hold the alleged ... -
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. ... -
The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom
(University of the Western Cape, 2022)The Labour Relations Act 66 of 1995 (LRA) makes provision for dismissal of employees based on an employer’s operational requirements (also known as retrenchments). The employer needs to meet both the substantive and ... -
The regulation of mental health in the South African workplace: a comparative analysis of South Africa, the Netherlands, Northern Ireland and the United Kingdom
(University of the Western Cape, 2022)The first democratic national elections held in 1994 marked the start of a new democratic era for South Africa, built upon the foundations of non-discrimination, democracy and equality for all.1 At the heart of the new ... -
The role of digital platforms in promoting cartel competition law enforcement within the AFCFTA: A focus on data privacy
(University of the Western Cape, 2022)Competition law preserves market competitiveness by regulating anti-competitive conduct. Competition law enforcement requires high levels of data transparency and traceability. The traditional method of competition law ... -
The intersection between labour and immigration law in South Africa
(University of the Western Cape, 2022)This thesis is focused on the rights of migrants in South Africa and how those rights are affected and intersect with the rights of migrants in terms of Immigration law or the respective laws which govern migrants. Migrants ... -
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 ... -
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 ... -
Unfair discrimination within the South African Department of Correctional services against inmates with ancestral calling (Ubizo)
(University of the Western Cape, 2022)The dissertation examines unfair discrimination within the South African Department of Correctional Services against inmates with ancestral calling (ubizo). Inmates (like everyone) have fundamental rights as enshrined by ... -
An analysis of the challenges presented to witness protection in combating money laundering in South Africa
(University of the Western Cape, 2022)The United Nations Asia and Far East Institute (‘UNAFEI’) and the Department of Justice of the Republic of the Philippines held the Fourth Regional Seminar on Good Governance For South East Asian Countries from 6-9 December ... -
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 ... -
Surviving genocide: A critical analysis of the long-term impact of the Herero and Nama genocides
(University of the Western Cape, 2022)The period 1904–1908 is historically significant among the Herero and Nama, as they still suffer from the impact of the genocide committed by the German colonisers. Nearly 80 per cent of the Otjiherero-speaking people and ... -
Access to reproductive health and rights for indigenous women in Zimbabwe: A case of the San community in Tsholotsho and Plumtree
(University of the Western Cape, 2023)Access to healthcare, including reproductive health, is an essential human right that necessitates the attainment of human development, non-discrimination between genders, and promotes women’s rights. Reproductive health ... -
Irregular appointments relating to promotion posts in South African public schools
(University of the Western Cape, 2022)This research aims to illustrate that the education sector has not managed to circumvent unfair labour practices, specifically in its appointment processes relating to promotion posts. I use literature and case law to prove ... -
‘Equal Pay for work of equal value’: Unfair discrimination within the South African workplace – A comparative study
(University of the Western Cape, 2023)The Employment Equity Act 55 of 1998 (EEA) was amended by the Employment Equity Amendment Act 47 of 2013 (EEAA), which, amongst others, introduced sections 6(4) and 6(5) into the Act. Sections 6(4) and 6(5) of the EEAA ... -
Animal welfare and culling: A legal analysis of South African biodiversity law
(University of the Western Cape, 2023)South Africa lacks an effective wildlife welfare regulatory framework. Biodiversity legislation focuses on the conservation and sustainable of natural resources use under the auspices of section 24 of the Constitution. The ... -
Remote working and labour legislation in South Africa
(University of the Western Cape, 2022)The coronavirus pandemic has caused working arrangements to evolve to remote work across the globe, which has become an area of concern for labour legislation, particularly in South Africa. The Labour Relations Act 66 of ... -
Reforming patent law in South Africa: Social justice, human rights and big pharma
(University of the Western Cape, 2022)Intellectual property (IP) can be defined as an idea or material that is legally protected from the unauthorised use thereof by other persons, and a person who has invented a particular pharmaceutical drug or medical product ...