Faculty of Law: Recent submissions
Now showing items 141-160 of 932
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Judicial balancing of cultural relativism and universalism of human rights in post-Apartheid South Africa
(University of the Western Cape, 2022)Globalisation did not only bring about major political, social and economic changes; it also strengthened the global reach of universalism of human rights. The concept of universal human rights is presently reconstructing ... -
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 ... -
Balancing emancipatory legal pluralism and cultural relativism
(University of the Western Cape, 2022)The concept of legal pluralism receives tremendous attention in sub-Saharan Africa. Notably, this attention arises because of the domineering tendency displayed by transplanted European legal orders now known as state ... -
An analysis of the ‘likelihood of confusion’ test in the South African trademark law
(University of the Western Cape, 2022)This section contains an overview of trademarks and the objective is to provide background information to the discussion. Trademark law is a creature of statute except for the law of passing-off which comes from common ... -
The extent to which the South African law governing racial discrimination protects employees: A comparison between South Africa and Canada
(University of the Western Cape, 2022)During apartheid the lives of black South Africans were dominated by unfair discrimination on the ground of race. The creation of a new deracialised South Africa began with the dismantling of the legislation that existed ... -
Intergovernmental fiscal systems and self-rule: A Kenyan case study
(University of the Western Cape, 2022)The conferment of self-rule or autonomy to subnational governments is incomplete without the corresponding conferment of the financial means and discretion necessary to facilitate the exercise of such autonomy. This makes ... -
Intergovernmental fiscal systems and self-rule: A Kenyan case study
(University of the Western Cape, 2022)The conferment of self-rule or autonomy to subnational governments is incomplete without the corresponding conferment of the financial means and discretion necessary to facilitate the exercise of such autonomy. This makes ... -
To what extent does the law governing dismissals based on operational requirements protect employees?
(University of the Western Cape, 2022)Retrenchments or dismissals based on operational requirements are defined as requirements based on economic, technological or similar needs of an employer.1 In terms of the Labour Relations Act 66 of 1995, a dismissal ... -
The effectiveness of South African legislation in protecting black employees from racial discrimination
(University of the Western Cape, 2022)The Apartheid government passed segregation laws which favoured the white minority and unfairly discriminated against black people. The Constitution of the Republic of South Africa acknowledges the hardships caused by ... -
An evaluation of South African legislation to determine its adequacy in protecting employees discriminated against on the ground of sexual orientation
(University of the Western Cape, 2022)Unfair discrimination on the ground of sexual orientation, has become an area of concern for some employees. The Employment Equity Act 55 of 1998 (EEA), which was enacted to give effect to section 9(4) of the Constitution, ... -
Comparative analysis of the legal framework for adoption under African customary law
(University of the Western Cape, 2022)While there is a comprehensive legal framework for the adoption of children under statutory law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption. This study explored how the ... -
Post-1996 service delivery in South Africa: Constitutional and social contract perspectives
(University of the Western Cape, 2022)The human rights movement, which emerged after the end of the Second World War, has created consensus in the international community that basic social amenities are indispensable for human development. These amenities are ... -
A review of the legal measures to protect indigenous culture in South Africa
(University of Western Cape, 2021)Globalisation has enabled the different countries of the world to be connected to each other irrespective of geographical constraints or time zones. Such connectivity has resulted in more than just an economic exchange, ... -
Revolutionising cross-border remittances; A legal framework for mobile money interoperability in Southern Africa
(University of Western Cape, 2021)Regiоnаl trаde, investment аnd crоss-bоrder remittаnces аre аll criticаl cоmpоnents оf ecоnоmic аnd sоciаl develоpment in the Sоuthern Аfricаn Develоpment Cоmmunity (SАDC) regiоn.1 Crоss bоrder remittаnces аre а mаin аnd ... -
The Effect of Social Media on the Employment Relationship: Can an employer use a social media post by an employee to initiate disciplinary proceedings against that employee with a view to dismissal?
(University of the Western Cape, 2021)Over the past few years, there has been a noticeable increase of cases that the Commission for Conciliation, Mediation and Arbitration (CCMA) has dealt with relating to dismissal for social media posts by employees. Employees ... -
The Allocation and Administration of Land by Traditional Leaders in the Republic of South Africa
(University of the Western Cape, 2021)Land allocation and administration is a crucial role for traditional leaders, because it has remained one of the few de facto powers and sources of influence still available to them in their areas of jurisdictions.1 This ... -
Examining the South African competition law enforcement institutional framework: Lessons for Sierra Leone
(University of Western Cape, 2021)Trade liberalisation, free-market system, privatisation and deregulation have become major steps taken by individual countries to accelerate economic growth. This trend has made competition law and its enforcement institutional ... -
Feminist approach to Ukuzila custom under the new South African constitutional dispensation
(University of the Western Cape, 2021)This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was ... -
The art of counting fish: An analysis of the potential regulation of marine fisheries in areas beyond national jurisdiction
(University of the Western Cape, 2022)The 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) is ineffective in ensuring the conservation and long-term sustainability of marine fisheries in Areas beyond national Jurisdiction (ABNJ). This is a ... -
An appraisal of the anti-money laundering regime in Zimbabwe
(University of the Western Cape, 2021)Annually, money laundering costs global financial markets $2.5 trillion. Money laundering is especially problematic in that it results in a plethora of socioeconomic problems including poor economic performance and an ...