Faculty of Law: Recent submissions
Now showing items 161-180 of 932
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The right to birth registration of foreign children in South Africa: A human rights perspective
(University of the Western Cape, 2021)International law explains the significance of the right to a birth certificate,1 birth registration and what it means to be a national of a specific state.2 International law also explains how important the right to birth ... -
Combating financial misconduct by ensuring the implementation of a financial literacy requirement for directors and audit committee members
(University of Western Cape, 2021)Before the 1990s, corporate governance was a very rarely used term within the business world.1 Corporations over time have become more influential, larger and more complex within the global economy; therefore to ensure ... -
Corruption and the judiciary: A critical study of Uganda
(University of Western Cape, 2021)Corruption, or ‘the abuse of entrusted power for private gain’,1 has been identified by the World Bank as one of the greatest obstacles to economic and social development.2 In Uganda, widespread corruption limits access ... -
‘Social truth’ as an approach to transitional justice in gacaca courts in post- genocide Rwanda
(University of Western Cape, 2021)This mini-thesis makes a claim that when Rwanda established the rule of Gacaca court system as a communal mechanism of transitional justice in the aftermath of the 1994 genocide, it accordingly enabled space for the ‘social ... -
The hidden truth: A critical examination of Uganda’s transitional justice legal and policy reforms on truth-seeking
(University of Western Cape, 2021)In the past, analyses of Uganda’s Transitional Justice legal and policy measures on truth-seeking have been focussed on evaluating the efficacy of a truth commission. However, being cognizant of the limitations entailed ... -
A critical analysis of South Africa’s approach to the complementarity principle under the Rome statute of the ICC
(University of Western Cape, 2021)The Rome Statute established the International Criminal Court (the ICC) in July 2002 and South Africa was one of the first signatories. South Africa incorporated this statute into its domestic law by enacting the Implementation ... -
Investigator-prosecutor collaboration: A framework for improving Namibia’s criminal justice process
(2021)Namibia, analysing models, principles and approaches of interagency cooperation to determine a suitable model for Namibia. The study was based on research questions examining the trends in the Namibian criminal justice ... -
Prospects of formal regional stock exchange in the East African community: legal and regulatory considerations
(2021)The East African Community (EAC) is among the eight regional economic communities recognised under the platform of the African Union.1 What has transformed to become the EAC was initially founded in 1967 with the name ... -
Evaluating the legal burden of good corporate governance on small and medium enterprises in South Africa in view of the Covid-19 pandemic
(University of Western Cape, 2021)In simple terms corporate governance can be defined as a system by which companies are directed and controlled by its board of directors.1 Good Corporate Governance in a company is of prime importance as it ensure the ... -
Rethinking bilateral investment treaties in Nigeria: The morocco-Nigeria bilateral investment treaty in view
(University of Western Cape, 2021)This study focuses on Re-thinking Bilateral Investment Treaties in Nigeria: The Morocco-Nigeria BIT in view. Two countries, Morocco and Nigeria, signing BITs commit themselves to several specific standards on the treatment ... -
Appraisal of South Africa’s legislative adoption of the twin-peaks system in light of international experiences
(University of Western Cape, 2021)The 2007-2008 global financial crisis demonstrated the weakness of a light-touch financial regulatory system. The global financial crisis thus formed the basis for countries to reconsider a model of financial regulation ... -
The right to identity in the context of embryo donation
(University of Western Cape, 2021)In this research, I seek to investigate the extent to which the South African Legislature and the international community recognises the right to identity of a child born through embryo donation. First, I carefully examine ... -
South African company law in the fourth industrial revolution: does artificial intelligence create a need for legal reform?
(University of the Western Cape, 2021)Across the world, the Fourth Industrial Revolution (4IR)1 is disrupting the law.2 The 4IR has specifically disrupted commercial law in areas such as banking,3 competition,4 consumer protection,5 contract,6 insurance,7 ... -
Corporate governance failures in South Africa: Are pension funds next?
(University of Western Cape, 2021)In recent times, South Africa (‘SA’) has seen many corporate failures due to poor corporate governance. It spans across Johannesburg Stock Exchange (‘JSE’) listed companies, State Owned Enterprises (’SOE’s’)1 as well as ... -
The South African legislative response to cybercrime
(University of the Western Cape, 2021)As the world moves into a hyper-connected global society with near universal access to the internet, cybercrime has become a global challenge. The problems embedded in the issue of cybercrime are at least twofold. Firstly, ... -
An assessment of the constitutionality of the directions and regulations issued to local government during the Covid-19 state of disaster
(2021)President Cyril Ramaphosa first addressed the nation regarding the Covid-19 pandemic on the 15th of March 2020, when he announced the national state of disaster in terms of the Disaster Management Act (DMA) to prevent the ... -
The role of legal and policy incentives in promoting factoring as a financing alternative for Smes in Nigeria
(University of the Western Cape, 2021)Timely, adequate and affordable access to finance is pivotal to bolstering the participation of small and medium-size enterprises (SMEs) in both domestic and international trade. Regrettably, despite their immense contributions ... -
A review of the protection of fixed-term contract employees within South African labour law: A comparative discussion
(University of Western Cape, 2021)This research aims to explore the available legislative protection afforded to atypical employment, with specific reference to fixed-term workers. Atypical, employed workers, such as fixed-term workers, are often exploited ... -
Life imprisonment in international criminal tribunals and selected African jurisdictions - Mauritius, South Africa and Uganda
(University of the Western Cape, 2009)It is rare in law and in other disciplines for a word or a phrase to appear to mean what it does not. This is, however, true when it comes to life imprisonment or life sentence. I Unlike sentences like the death penalty, ... -
Life imprisonment in international criminal tribunals and selected African jurisdictions - Mauritius, South Africa and Uganda
(University of the Western Cape, 2009)It is rare in law and in other disciplines for a word or a phrase to appear to mean what it does not. This is, however, true when it comes to life imprisonment or life sentence. I Unlike sentences like the death penalty, ...