Faculty of Law: Recent submissions
Now showing items 181-200 of 932
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Gender persecution as a ground for asylum in South Africa and Canada: Reconceptualising a theoretical framework for assessing refugee claims by women
(University of the Western Cape, 2014)According to the United Nations High Commissioner for Refugees, women account for 48% of the refugees globally. "Persecution" is the central tenet in the refugee definition, but the ensuing jurisprudence was initially ... -
Realising the right to property for women in rural Lesotho
(University of Western Cape, 2021)The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of ... -
The imperative to implement Muslim personal law in South Africa
(University of Western Cape, 2021)It has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how ... -
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 ... -
Human trafficking 2.0 the impact of new technologies
(University of the Western Cape, 2021)Human history is traversed by migration. This manifold global phenomenon has shaped the world to its current state, moving people from one place to another in reaction to the changing world. The autonomous decision to ... -
An overview of the effectiveness of employment legislation in protecting people with disabilities against discrimination in the South African workplace
(University of the Western Cape, 2021)The South African apartheid regime brought about many injustices. These injustices were mostly directed at people of colour, women and people with disabilities. People with disabilities were neglected, discriminated ... -
The investigation and prosecution of corruption in Uganda
(University of the Western Cape, 2021)This study analyzed the investigation and prosecution of corruption in Uganda. The study assessed the phenomena of corruption and how it can create an unjust society. It also examined the legal framework governing the ... -
Examining the link between economic development and the enforcement of socio-economic rights in Africa: A case study of South Africa and Nigeria
(University of Western Cape, 2021)This year marks 57 years since Organisation of African Unity (OAU) was formed on 25 May 1963 in Addis Ababa, Ethiopia. This year also marks 18 years since the African Union (AU) was formed on 9 July 2002 in Durban, South ... -
The importance of documentation for the protection of unaccompanied and separated migrant children and the realisation of access to socio-economic rights: An assessment of the participation and roles of stakeholders
(University of Western Cape, 2021)This paper reports on the findings of a study on the importance of documentation for unaccompanied separated migrant children on South African soil. The objectives of the study is to identify what the international and ... -
The influence of section 78 of the companies act 71 of 2008 on personal Liability insurance taken out by directors of companies
(University of the Western Cape, 2021)In order to understand the context of the research paper, a brief discussion has to be made as to the important fact that a director has to be appointed in a role to assist with the decision-making in running of a company.1 ... -
Legal impediments to regional integration in the great lakes region
(University of the Western Cape, 2014)The Great Lakes Region has long been viewed as a land of untapped economic potential due to, amongst other factors, the failures of the Economic Community of the Great Lakes Countries (ECGLC)1 and the Rwandan genocide. ... -
Towards democratic decision-making In environmental law: An investigation of the implementation of public Participation and access to administrative justice
(University of the Western Cape, 2010)An environment, which is not dangerous to the health or well-being of individuals, is every South African's basic Human right.1 In addition.it is every South African's basic human right to have the environment protected ... -
Public participation in constitution-making: A critical assessment of the Kenyan experience
(University of the Western Cape, 2009)Kenya has embarked on a constitutional making process that is hoped to ensure a transition to democracy. The current constitution making process is not the first of its kind in post independence Kenya.1 Since the Lancaster ... -
Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges
(University of the Western Cape, 2014)In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural ... -
Recovering the Proceeds of Corruption: Why Kenya Should Foreground Civil Forfeiture
(University of the Western Cape, 2012)Today corruption is a major concern for most countries.1 Civil forfeiture of the proceeds of corruption has been embraced as a key strategy by many states in recovering public funds lost through corruption.2 It may be ... -
Counteracting the misuse and abuse of subsidies and SPS measures in the EU and USA: Solutions for South Africa
(University of the Western Cape, 2014)It has been held that agricultural domestic support would not be such a contentious issue if its only effect was the benefit of local farmers, but this is not the case.1 It was found that several forms of domestic support ... -
Hungry for knowledge, hungry for bread: Realising the right to food of students in South African tertiary institutions
(University of Western Cape, 2021)Many of the disadvantaged groups which are impacted by a high burden of poverty and are thereby food insecure in South Africa, have over the years received attention from the government, resulting in many interventionist ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa.
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa
(University of the Western Cape, 2020)The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide ... -
Extension of social security to the informal hospitality industry workers in South Africa
(University of the Western Cape, 2020)The hospitality industry is one of the largest economic sectors in the world.1 As a result, it is one of the top employment contributors, with its Travel and Tourism sector accounting for an estimated 10.3% of global GDP, ...