Magister Legum - LLM (Public Law and Jurisprudence)

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    Abortion and the right to life: A case study of South Africa and Germany
    (University of the Western Cape, 2016) Zimmer, Martina; Mezmur, Benyam Dawit; Machaya, Musavengana
    The issue of abortion and the protection of the right to life have been discussed by many academics, yet remains an unresolved topic in many countries. The mere fact that abortion is the deliberate termination of a human pregnancy raises the question, whether or not such an act violates the right to life. Abortion has been legalised in South Africa and Germany. This study explores the area of abortion vis a viz the obligation of South Africa and German under the international and regional human rights instruments to protect the right to life. Notably, the right to life is protected under a plethora of international and regional human rights instruments. At international level, the right to life is protected under Article 3 of the Universal declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights. At regional level of the right to life is protected by Article 2 of the European Convention on Human Rights and Article 4 of the African Charter on Human and Peoples� Rights. To give a broad understanding of the meaning, nature and content of the right to life, this mini-thesis shall critically analyse the words used under the above Articles which protect the right to life. Then the paper will endeavour on its main objective which is to determine whether or not the legalisation of Abortion in South Africa and Germany violates the right to life?
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    Access to safe food in South Africa as a human rights imperative
    (University of the Western Cape, 2015) Adeniyi, Oluwafunmilola Foluke; Durojaye, Ebenezer
    The aim of this study is to examine laws and policies relating to food safety in South Africa, specifically with regard to labelling requirements in the food industry. It is hoped that this research will serve as a pointer for policy and legislative reforms in a bid to identify weak areas as well as encourage accountability and strengthen government’s response to the realisation of the right to safe food as a human right imperative.
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    Accession of least developed countries into the world trade organisation: the perspective of south Sudan
    (University of Western Cape, 2013) Oliver, Bakadi Sannah; Lenaghan, Patricia
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    Accession of least developed countries into the world trade organisation: the perspective of south Sudan
    (University of Western Cape, 2013) Oliver, Bakadi Sannah; Lenaghan, Patricia
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    The active and passive voting rights of convicted prisoners in South Africa and the United Kingdom
    (University of the Western Cape, 2014) Bekeer, Cindy-Lee Neavera; Le Roux, Wessel
    The purpose of this mini-thesis is to assess the present position regarding prisoner disenfranchisement in South Africa from a human rights perspective, and to recommend reforms of South African electoral legislation as far as prisoners‘ voting rights are concerned.
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    The active and passive voting rights of convicted prisoners in South Africa and the United Kingdom
    (University of the Western Cape, 2014) Bekeer, Cindy-Lee Neavera; Le Roux, Wessel
    The purpose of this mini-thesis is to assess the present position regarding prisoner disenfranchisement in South Africa from a human rights perspective, and to recommend reforms of South African electoral legislation as far as prisoners‘ voting rights are concerned.
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    Adopting a harmonised regional approach to customs regulation for the tripartite free trade agreement
    (University of the Western Cape, 2013) Jana, Vimbai Lisa Michelle; Lenaghan, Patricia M.
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    Adopting a harmonised regional approach to customs regulation for the tripartite free trade agreement
    (University of the Western Cape, 2013) Jana, Vimbai Lisa Michelle; Lenaghan, Patricia M.
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    Adopting the Twin Peaks model as a consumer protection mechanism in the financial sector : the Ugandan perspective
    (University of the Western Cape, 2015) Kamukama, Martha; Wandrag, R.
    The main objective of the study is to analyse the possibility of adopting the Twin Peaks model as a mechanism for ensuring protection to the consumers of financial services in Uganda. Uganda's financial sector has suffered impediments to growth and this can largely be attributed to the regulatory framework but also due to the absence in streamlined financial consumer protection. The Parliament of Uganda has failed to pass into law legislation required to protect consumers generally let alone financial consumers. The gaping hole created by lack of legislation puts consumers of financial services at risk of loss. This research paper shall give insight into the possibility of the financial sector adopting a new regulatory framework with inbuilt mechanisms for consumer protection. This research paper will also be a legal resource for literature pertaining to the correlation between a financial regulatory system and financial consumer protection.
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    Adopting the Twin Peaks model as a consumer protection mechanism in the financial sector : the Ugandan perspective
    (University of the Western Cape, 2015) Kamukama, Martha; Wandrag, R.
    The main objective of the study is to analyse the possibility of adopting the Twin Peaks model as a mechanism for ensuring protection to the consumers of financial services in Uganda. Uganda's financial sector has suffered impediments to growth and this can largely be attributed to the regulatory framework but also due to the absence in streamlined financial consumer protection. The Parliament of Uganda has failed to pass into law legislation required to protect consumers generally let alone financial consumers. The gaping hole created by lack of legislation puts consumers of financial services at risk of loss. This research paper shall give insight into the possibility of the financial sector adopting a new regulatory framework with inbuilt mechanisms for consumer protection. This research paper will also be a legal resource for literature pertaining to the correlation between a financial regulatory system and financial consumer protection.
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    The African Charter on democracy, elections and governance: A normative framework for analysing electoral democracy in Africa
    (University of the Western Cape, 2007) Alemu, Tikikel; Steytler, Nico; Faculty of Law
    This paper gave an insight into the novelties as well as the deficiencies of the provisions related to democratic elections and their implementation framework. It examined the potential effectiveness or otherwise of a binding treaty which is not yet enforced on the basis of past experience. In effect, it shed light on the possible measures that could be taken to guarantee its realisation and to circumvent the shortcomings in ensuring its effective implementation.
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    The african commission on human and peoples' rights and the promotion and protection of prisoners, rights an analysis
    (University of the Western Cape, 2008) Igweta, R.N; Muntingh, L; Mujuzi, J
    There is an estimated one million prisoners in Africa and most of them are detained in overcrowded prisons and conditions that well below internationally accepted standards.'These prisons hold both sentenced prisoners and persons awaiting trial. What happens in prisons is usually unknown to the outside world leading to vulnerability of prisoners. For this reason, prisoners require specific recognition and protection. It is trite to say that how a society treats its prisoners, reveals a lot about its moral values, its commitment to the rule of law and democracy.'
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    Agricultural sector: the role of foreign direct investment (FDI) in the creation of an integrated agriculture sector in Nigeria
    (University of the Western Cape, 2007) Efunkoya, Adeola Adefunke; Hunt, John Edward; Mathis, Jim; Faculty of Law
    This research recommended ways in which Nigeria could unlock constraints to commercialization and investment in the Nigerian agricultural sector for sustained economic growth, enhanced food security, increased competitiveness of products in the domestic, regional and international markets, sustainable environmental management and poverty alleviation.
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    An analysis of municipal regulation and management of markets as an instrument to facilitate access to food and enhance food security
    (University of the Western Cape, 2015) Chonco, Thabile L.M; De Visser, J; Waterhouse, Samantha
    This paper seeks to answer the following question: how can municipalities manage and regulate markets in a manner that facilitates access to food and contributes to the enhancement of food security? In attempting to answer this question, the paper will also address the following questions: what does the term 'food security' mean? What does 'access to food' mean? What does the 'right to food' mean? What are the powers and functions of local government? What are the limits, problems or risks attached to the exercise of these powers? What constitutes 'markets' or 'fresh produce markets' in this case? What is the scope of local government's legislative and executive competence regarding food 'markets', as enumerated in Part B of Schedule 5 of the Constitution? And, how can municipalities utilise food markets as a means to facilitate access to food and address the issue of food security? This paper will focus primarily on fresh produce markets, as opposed to other markets or 'markets' in their entirety. This limitation is based on the argument that fresh produce markets are more relevant for the role of local government in facilitating access to food because they provide a platform for the sale and purchase of fresh produce, which is important for nutritional purposes. The argument presented in this thesis centres around the facilitation of access to food, by local government, through the regulation and management of markets. The paper will address the problem by examining the concepts of 'food security' and 'access to food' in the South African context, as well as in the international context. In examining the above concepts, the paper will also include the right to food. The paper will further look at how South Africa has responded to the issue of food security through its national food security policies. The paper will look at how local food markets are utilised internationally to facilitate access to food and thereafter, examine how food markets should be utilised to facilitate access to food in South Africa. Thereafter, an examination of the powers and functions of local government as entrenched in the Constitution will be provided, as well as the implications of such powers, the limitations and the problems attached to the exercise of local government powers. Lastly, the paper looks at local government's competence regarding food 'markets' in Schedule 5B of the Constitution, as well as the other competencies related to food/food security. Although local government has the scope to address the issue of food security by exercising its legislative and executive authority over the competence ‘markets’ as per Schedule 5B of the Constitution, this study does not focus solely on the management and regulation of 'markets'. The study extends and includes related competencies such as trade regulations, the licensing and control of undertakings that sell food to the public, municipal abattoirs, street trading and municipal health service, and shows how the links between these competencies provide local government with the opportunity to contribute to the enhancement of food security.
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    An analysis of municipal regulation and management of markets as an instrument to facilitate access to food and enhance food security
    (University of the Western Cape, 2015) Chonco, Thabile L.M; De Visser, J; Waterhouse, Samantha
    This paper seeks to answer the following question: how can municipalities manage and regulate markets in a manner that facilitates access to food and contributes to the enhancement of food security? In attempting to answer this question, the paper will also address the following questions: what does the term 'food security' mean? What does 'access to food' mean? What does the 'right to food' mean? What are the powers and functions of local government? What are the limits, problems or risks attached to the exercise of these powers? What constitutes 'markets' or 'fresh produce markets' in this case? What is the scope of local government's legislative and executive competence regarding food 'markets', as enumerated in Part B of Schedule 5 of the Constitution? And, how can municipalities utilise food markets as a means to facilitate access to food and address the issue of food security? This paper will focus primarily on fresh produce markets, as opposed to other markets or 'markets' in their entirety. This limitation is based on the argument that fresh produce markets are more relevant for the role of local government in facilitating access to food because they provide a platform for the sale and purchase of fresh produce, which is important for nutritional purposes. The argument presented in this thesis centres around the facilitation of access to food, by local government, through the regulation and management of markets. The paper will address the problem by examining the concepts of 'food security' and 'access to food' in the South African context, as well as in the international context. In examining the above concepts, the paper will also include the right to food. The paper will further look at how South Africa has responded to the issue of food security through its national food security policies. The paper will look at how local food markets are utilised internationally to facilitate access to food and thereafter, examine how food markets should be utilised to facilitate access to food in South Africa. Thereafter, an examination of the powers and functions of local government as entrenched in the Constitution will be provided, as well as the implications of such powers, the limitations and the problems attached to the exercise of local government powers. Lastly, the paper looks at local government's competence regarding food 'markets' in Schedule 5B of the Constitution, as well as the other competencies related to food/food security. Although local government has the scope to address the issue of food security by exercising its legislative and executive authority over the competence ‘markets’ as per Schedule 5B of the Constitution, this study does not focus solely on the management and regulation of 'markets'. The study extends and includes related competencies such as trade regulations, the licensing and control of undertakings that sell food to the public, municipal abattoirs, street trading and municipal health service, and shows how the links between these competencies provide local government with the opportunity to contribute to the enhancement of food security.
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    An analysis of the decentralisation framework provided for in the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, 2014
    (University of the Western Cape, 2016) Ziswa, Melissa Nyaradzo Sibongile; Chigwata, Tinashe; Steytler, Nico
    In 2014, the African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (the African Charter on Decentralisation). The Charter is a first of its kind to provide a decentralisation framework for local government on the African continent. It seeks to use local government as a vehicle for improving the livelihoods of people on the African continent. Member States of the AU will only be bound by the African Charter on Decentralisation once they have ratified it. The actual impact of the Charter to improve the livelihood of people on the African continent is unknown. This research paper provides a critical analysis of the Charter in order to establish its potential. The analysis is undertaken against the background of the international literature on decentralisation and 'best' practices on local government.
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    An analysis of the decentralisation framework provided for in the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, 2014
    (University of the Western Cape, 2016) Ziswa, Melissa Nyaradzo Sibongile; Chigwata, Tinashe; Steytler, Nico
    In 2014, the African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (the African Charter on Decentralisation). The Charter is a first of its kind to provide a decentralisation framework for local government on the African continent. It seeks to use local government as a vehicle for improving the livelihoods of people on the African continent. Member States of the AU will only be bound by the African Charter on Decentralisation once they have ratified it. The actual impact of the Charter to improve the livelihood of people on the African continent is unknown. This research paper provides a critical analysis of the Charter in order to establish its potential. The analysis is undertaken against the background of the international literature on decentralisation and 'best' practices on local government.