Faculty of Law: Recent submissions
Now showing items 41-60 of 927
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The enlightened shareholder value (esv) approach and the interpretation of the phrase ‘best interests of the company’ in South Africa
(University of the Western Cape, 2023)According to section 76(3)(b) of the Companies Act 71 of 2008, directors are obligated to incorporate the company's best interests in their objectives. Generally, this phrase denotes the interests of the shareholders ... -
Preventing the statelessness of refugee children through the statelessness determination procedure: Lesson for South Africa
(University of the Western Cape, 2022)By exploring the different causes of childhood statelessness in displaced children on a global scale, this thesis aims to highlight the urgent need to end childhood statelessness. The importance of statelessness determination ... -
Implications of patriarchal customs on the enjoyment of human rights by women and children in South Africa
(University of the Western Cape, 2023)This study argues that in South Africa, women and children lack sufficient knowledge about their human rights, specifically their cultural rights. Human rights are inherent in everyone simply because they are human. Human ... -
An examination of the corporate governance failures and challenges at key South African SOEs and the implications on enterprise efficiency: A case study of ESKOM
(University of the Western Cape, 2023)Corporate Governance encapsulates a set of rules and corporate systems which have been established to steer a company in a certain direction. In the case of State-Owned Entities, these entities were established as a mechanism ... -
The South African business judgement rule – An analysis of the rationality standard for reviewing the conduct of a director
(University of the Western Cape, 2023)The legal nature of a company is that of an artificial person, which exists separately from the management and shareholders of that company.1 Consequently, it lacks the ability to act on its own and must act through ... -
Constitutional legitimacy of the Islamic law of compulsory succession within the South African context
(University of the Western Cape, 2023)The Constitutional legitimacy of the Islamic Law of compulsory succession remains a heavily contested issue since the enactment of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). South ... -
The extension of social protection to informal farm workers in South Africa
(University of the Western Cape, 2023)Social protection is regarded as a means to alleviate poverty. It provides workers with protection against socio-economic risks. However, not all workers have access to social protection. An example is informal farm workers. ... -
Extension of social protection to self-employed workers: Re-considering the need and the possibilities in light of the Covid19 pandemic
(University of the Western Cape, 2023)The research examines the implementation of social protection for self-employed workers within the context of South Africa. The paper argues that unlike formal employees, self -employed workers are excluded from accessing ... -
Eradicating delay in the administration of justice in African courts : a comparative analysis of South African and Nigerian courts
(University of the Western Cape, 2005)A well functioning judiciary is a central element of civil society. It is the sole adjudicator over the political, social and economic spheres. Judiciaries in many African countries suffer from backlogs, delays and corruption. ... -
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 ... -
The University of the Western Cape protecting women from intimate partner violence in South Africa: Evaluating whether the state fulfilled its legal obligations during the Covid-19 lockdown
(University of the Western Cape, 2022)The COVID-19 lockdown regulations in South Africa were put in place to protect its citizens from the spread of the virus, however certain restrictions consequently endangered women. Comparing gender-based violence statistics ... -
The Pan-African parliament : its promise for human rights and democracy in Africa
(University of the Western Cape, 2006)Since the transition of the Organisation for African Unity (OAU) to the African Union (AU) there has been a notable shift in the way the organisation addresses human rights and democratisation. Particularly the OAU had ... -
Making non-state actors accountable for violations of economic rights: a case study of transnational corporations in the African context
(University of the Western Cape, 2002)The development of a common standard for holding governments accountable for human rights violations represented by international human rights law (IHRL) has been one of the major achievements of international law. ... -
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 ... -
Socio-economic rights in Africa: a critical evaluation of legal protection mechanisms and Implementation strategies
(University of the Western Cape, 2001)There is an emerging broad consensus that civil and political rights on the one hand, and socio-economic rights on the other, are ingenerated and indivisible. Taken together, they embody the cardinal norms which inform ... -
Dispute settlement mechanisms in regional trade agreements: the EU-SA perspective
(University of the Western Cape, 2001)This paper shall attempt to define and explain the various forms of dispute settlement in regional trade agreements. Trade Agreements from various continents as well as the World Trade Organisation will be scrutinised. The ... -
Senior Managerial Employees: Their Right to Bargain Collectively and their Right not to be Unfairly Dismissed
(University of the Western Cape, 2001)This paper addresses a special class of employees in the South African labour law. Senior managerial employees in South African labour law as well as the international jurisprudence have become a matter of controversy. The ... -
Discrimination to the employment context on the ground of religion: an examination of the position in South African and European union law
(University of the Western Cape, 2008)In this mini-thesis, I try to explore that the right to equality has brought with it the right not to discriminate against on various prohibited grounds, including religion. This minithesis examines the right not to be ... -
The African charter on the rights and welfare of the child
(University of the Western Cape, 2002)So far little is known about the first comprehensive regional children's rights charter, the 1990 OA1J African Charter on the Rights and Welfare of the Child.' Th" Charter has been mentioned occasionally by documents and ... -
The right to development as a normative framework For the human rights obligations of international financial institutions
(University of the Western Cape, 2008)Human rights are the product of different stages of human struggle that took place throughout history. The advent of the right to development in the international arena is part of the result of the struggle of developing ...