UWCScholar

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Towards low carbon public transport in South Africa: a critical legal analysis of the City of Johannesburg’s local environmental governance instruments
(University of the Western Cape, 2025) Awadh, Aaliyah
The transport industry is responsible for a large portion of carbon emissions globally. The transition towards low carbon public transportation, is thus crucial, in order to limit emissions and prevent the detrimental effects of climate change on the environment as well as on human health and wellbeing. In South Africa, the need for low carbon public transport is driven by environmental concerns and the increasing need for reliable and affordable transport services and improved transport infrastructure in cities. Despite this, there are multiple obstacles within the current legal framework preventing the realisation of a low carbon transport system in South Africa, and more specifically in the City of Johannesburg which this study focuses on. Legal governance is fundamental in promoting the movement towards low carbon public transport with municipalities being one of the most important role players in guiding cities towards this goal. However, the legal and policy framework governing low carbon transport is fragmented and does not allow for a coordinated effort in implementing and enforcing low carbon transport plans and policies. In addition to this, obstacles such as the reliance on coal, limited financial resources, a lack of cooperation from public transport providers and a transport infrastructure built to enforce Apartheid’s segregation policies, have made it extremely challenging to comply with the legal obligations to move towards low carbon transport in South Africa. This research analyses the legal and policy gaps in relation to low carbon public transport. It looks at how municipalities, and specifically the City of Johannesburg, are using the current legal framework and policies to move towards low carbon public transport and how the use of Local Environmental Governance (LEG) instruments, such as market based commuter influences and carbon tax, can further assist in reaching these goals. The research will examine low carbon transport laws including section 24 of The Constitution of the Republic of South Africa, the National Environmental Management Act and the Climate Change Act which are the basis for environmental management in South Africa and extend to the transport sector.
Child marriage in Nigeria: a legal analysis of domestic laws and customary practices in relation to international human rights standards
(University of the Western Cape, 2026) Akanbi, Favour Funke
This study examines the persistence of child marriage in Nigeria by analysing how the country’s domestic laws and customary practices align with, or fall short of, international human rights standards. The research focuses on the tension between Nigeria’s international obligations and its plural legal system, which consists of statutory, customary, and religious laws. Although Nigeria has ratified key instruments such as the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, and the African Charter on the Rights and Welfare of the Child, the practice of child marriage remains widespread in several parts of the country. This study employs a qualitative research approach based on desktop research. It analyses legislation, constitutional provisions, case law, and international treaties to identify inconsistencies and gaps that weaken protection for girls. The findings reveal that while the Child Rights Act of 2003 prohibits marriage under the age of eighteen, other laws, including the Constitution, contain provisions that create uncertainty. Section 29(4)(b) of the Constitution, for instance, indirectly recognises adulthood through marriage, thereby undermining the intent of the Child Rights Act. The research also considers the influence of cultural norms, poverty, gender inequality, and limited access to education, which continue to drive the practice despite existing legal safeguards. It finds that the coexistence of multiple legal systems and the uneven domestication and implementation of the Child Rights Act have contributed to weak enforcement and uneven protection for girls across the country. The study concludes that eliminating child marriage in Nigeria requires both legal and social reform. It recommends harmonising national and state laws on the minimum age of marriage, ensuring the full domestication and implementation of the Child Rights Act, and strengthening institutional mechanisms to improve enforcement. It further emphasises the need for public awareness, education, and collaboration among traditional leaders, faith-based organisations, policymakers, parents and children themselves, and other stakeholders, to promote the rights and empowerment of girls.
A reappraisal of the legal definition and protection of child soldiers under international criminal law
(University of the Western Cape, 2025) Mankayi, Akhona
The recruitment and use of children in armed conflict remains one of the most persistent violations of international norms, despite a comprehensive international legal framework which prohibits this practice. The international legal framework spans international human rights law (IHRL), international humanitarian law (IHL), and international criminal law (ICL). While instruments such as the Convention on the Rights of the Child (CRC), its Optional Protocol on the Involvement of Children in Armed Conflict (OPAC), and the African Charter on the Rights and Welfare of the Child (ACRWC) define a child as anyone under 18, the Rome Statute of the International Criminal Court (Rome Statute) criminalises only the recruitment and use of children under 15. This age discrepancy creates a significant legal lacuna that leaves 15 to 17-year-olds in a zone of partial protection i.e no longer shielded under ICL yet still minors under IHRL and IHL. Nowhere are the stakes of this protection gap more visible than in armed conflicts across Africa, where the recruitment of children remains endemic. Despite the empirical reality that African children bear the brunt of these violations, international responses remain inadequate. This mini thesis interrogates the consequences of this normative inconsistency through an examination of leading jurisprudence, including Prosecutor v Thomas Lubanga and Prosecutor v Dominic Ongwen before the International Criminal Court (ICC), Prosecutor v Charles Taylor at the Special Court for Sierra Leone (SCSL), and Uganda v Thomas Kwoyelo before the International Crimes Division of Uganda (ICD). It seeks to demonstrate how divergent interpretations by the ICC, tribunals and domestic courts, reinforce the marginalisation of older child soldiers and expose the fractured state of the international legal framework. These inconsistencies undermine the best interests of the child principle and perpetuate impunity for recruiters who target children aged 15 to 17. This mini thesis contends that the failure of states and international institutions to prevent child recruitment is inextricably linked to their failure to prioritise prevention and uphold core child rights principles. The mini thesis advocates for the harmonisation of ICL with broader child rights frameworks, and calls for a reconceptualisation of child soldier protections, one that ensures the distinct vulnerabilities of all children are meaningfully recognised and protected in law and in practice.
Olefin oligomerization over nanostructured ZSM-5
(University of the Western Cape, 2025) Mazamelela, Yolisa
ZSM-5 type zeolites are widely used as catalysts in oligomerization reactions due to its unique pore structure and high acidity, which enables it to selectively convert light alkenes (C2-C6) into larger oligomers in the gasoline, jet fuel and diesel hydrocarbon range. In oligomerization processes such as PetroSA’s Conversion of olefins to Distillate (COD) typical feeds consist of propylene and C5 to C6 olefins. Recently, there has been much interest in converting low-value naphtha streams, such as Light Cracked Naphtha (LCN) rich in C5 to C6 olefins, to high-value transportation fuels. Furthermore, the growing demand for longer-chain jet and diesel fuels requires that the properties of ZSM-5 be optimized to meet these demands. However, conventional microporous ZSM-5 catalysts are subject to diffusion limitations and rapid deactivation, particularly when processing C₅-C₆ olefins, due to their small pore size and high acid strength, which often led to coke formation and pore blockage. To overcome these limitations, this study investigates the catalytic performance of nano-sized ZSM-5 zeolites synthesized via hydrothermal methods, focusing on the effect of synthesis parameters such as alkalinity, aging time, and choice of structure-directing agent on the resulting crystal size and morphology. The primary objective was to enhance mass transport and catalytic efficiency in the oligomerization of 1-hexene, a model C₆ olefin, by reducing crystallite size and promoting external surface accessibility. The structural and physicochemical properties of the synthesized materials were extensively characterized using techniques such as X-ray diffraction (XRD), transmission electron microscopy (TEM), Brunauer-Emmett-Teller (BET) surface area analysis, thermogravimetric analysis (TGA), and X-ray fluorescence (XRF). XRD confirmed the formation of a pure MFI-type crystalline phase, while TEM revealed nano-sized crystals (~90 nm) with well-faceted cubic to rectangular morphology. BET analysis showed a high surface area of 371 m²/g for the nano ZSM-5 catalyst, with an external surface area of 194 m2/g greater than its micropore area of 177 m2/g, indicative of enhanced external surface exposure. NH3-TPD also revealed nano-ZSM05 to have more weak/medium acid sites compared to the commercial catalyst with higher strong acid site density.
Exploring the perceptions of mental health among young black isiXhosa-speaking people living in Nelson Mandela Bay
(University of the Western Cape, 2025) Tsotsa, Asisipho
Background: The presence of mental disorders during earlier years of life is a strong predictor for mental health problems in adulthood. Despite the multiple risk factors that can precipitate the onset of a mental disorder in young people, only 37.2% of young people who report depressive symptoms seek treatment. Black youth are at severe risk of mental illness because of their compounded risk factors. Health-seeking behaviour is influenced by awareness of mental health services and perceptions and beliefs regarding mental health. Aim: This study explored the perceptions, beliefs and attitudes of young Black isiXhosa-speaking people living in Nelson Mandela Bay toward mental health and illness, and examined how these perceptions, along with awareness of existing mental health services, influence help-seeking behaviour. Methodology: A descriptive qualitative design was employed. Data were collected through twenty (20) semi-structured individual interviews, two (2) focus group discussions, and one key informant interview, using purposive and snowball sampling. Participants were isiXhosa-speaking youth aged 18–34 years residing in Nelson Mandela Bay. Data were analysed manually using thematic coding analysis, guided by the Health Belief Model to interpret perceived susceptibility, barriers and benefits related to mental health and help-seeking. Ethical standards were maintained throughout the research process and ethical approval was received through the University of the Western Cape Biomedical Research Ethics Committee (BM24/10/10). Results: Four key themes emerged: (1) youth’s understanding of mental health and illness; (2) beliefs and attitudes towards mental health and illness (3) participants’ personal experiences with mental health issues; and (4) social and structural influences on mental health. Spiritual frameworks of understanding mental health and illness often took precedence over biomedical ones. Stigma, limited literacy and resource barriers reduced help-seeking, although participants expressed willingness to seek care when services were accessible and culturally sensitive. Perceptions of mental health among isiXhosa-speaking youth are deeply shaped by sociocultural and economic contexts. Conclusion: Efforts to strengthen youth mental health must integrate culturally responsive, faith-inclusive and community-based approaches that promote literacy, accessibility and trust in care.