Magister Legum - LLM (Public Law and Jurisprudence)

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    A comparative legal approach to mining rehabilitation funding schemes in South Africa and Western Australia
    (University of the Western Cape, 2024) Fredua, Agyemang ; Ashukem, Jean Claude Nkwanyuo
    Despite the environmental and social challenges posed by historically abandoned mine sites to host communities, little effort has been made by the mining industry and governments to rehabilitate the environment. Mine rehabilitation projects are typically costly. In many instances, mining companies do not have a specific stance on funding sources for rehabilitation once the economically productive phase of the mine has concluded. Moreover, there is a lack of clearly assigned responsibilities and an absence of criteria and standards of rehabilitation for abandoned mines. South Africa is not exempt from the plague of abandoned mines because, for many years, environmental liabilities relating to mine closure have not been managed appropriately. As such, most mines have been simply abandoned. South Africa is believed to have around 6,000 deserted mines. Legislation has been enacted to address this issue. These include the National Environmental Management Act (NEMA) of 1998, the Mineral and Petroleum Resources Development Act (MPRDA) of 2002, and the Regulations pertaining to the Financial Provision for Prospecting, Exploration, Mining, or Production Operations, including National Environmental Management Act: Regulations: Financial provision for prospecting, exploration, mining or production operations (GNR1147). These legislative measures are designed to promote the polluter pays principle (PPP), which requires mines to bear the financial burden of environmental damage they cause.
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    A critical examination of the legal protection of climate refugees: lessons from recent case law in Australia and New Zealand
    (University of the Western Cape, 2024) Davids, Ashlyn; van der Berg, Angela
    As the climate crisis worsens, a growing number of people are being forced to flee their homes due to climate-related events.1 Such people are typically referred to as climate refugees.2 According to Institute for Economics and Peace (IEP), it is predicted that at least 1,2 billion people across the globe could be displaced by climate-related events by 2050.3 Human activity is the main driver of climate change.4McAdam states that an analysis of climate change-induced displacement can be traced back to earlier deliberations on environmental displacement, which were particularly prominent during the 1990s.5 Climate change6 has diverse negative impacts on human systems, including on water security and food production and cities, settlements and infrastructure.7 In general, refugees are protected by international law instruments. International human rights law and refugee law are closely intertwined as the system for protecting refugees at the international level is human rights-based.8 This places the dignity and rights of individuals and vulnerable groups at the centre of protection.9 In the case of Ioane Teitiota v New Zealand10 (hereafter referred to as Teitiota case), it was verified under human rights law that the principle of non-refoulement requires no one to be forcibly returned to a country, where climate change impacts expose them to life-threatening risks or cruel, inhuman, or degrading treatment.11
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    A legal analysis of the prevalence of domestic violence against women by their intimate partners in underprivileged areas in South Africa
    (University of the Western Cape, 2024) Maseko,Vuyelwa; Van Marle,Karin
    The aim of this research paper is to investigate the prevalence of domestic violence in underprivileged areas, where spatial location and patriarchy are at the center of the problem. Underprivilege for the purposes of the study refers to areas where poverty, unemployment and poor service delivery are rife. These factors often go hand in hand with enduring inequality between men and women. The public private divide has been criticized by feminist theorists over many years. One of the results of this divide is that domestic violence has been regarded as a private matter and a matter to be dealt with in the private sphere. The private sphere is often a space where women experience patriarchy and domination with little recourse to the law and this is worse for women who find themselves in areas of impoverishment and inequality. In terms of Section 2 of the Domestic Violence Amended Act 14 of 2021, domestic violence is defined as physical abuse; sexual abuse; emotional, verbal and or psychological abuse; economic abuse; intimidation; harassment; sexual harassment; related person abuse; stalking; spiritual abuse; damage to property; elder abuse; coercive behaviour; controlling behaviour; expose a child to domestic violence; entry into the complainant’s – permanent or temporary residence, workplace or place of study without his or her consent or any other controlling or abuse behaviour of intimidation , threatening, abusive degrading, offensive or humiliating nature towards a complainant.Statistics shows that over 50% of women will experience gender-based violence in their life time either at work place or at home.The aim of this paper is to consider the intersection between spatial location,specifically underprivileged areas where there is inequality and impoverishment, and patriarchy as contributing to women’s plight.
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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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    Advancing a gendered approach to climate adaptation in the metropolitan cities of Cape Town and Ethekwini
    (University of the Western Cape, 2024) Moosa, Shehnaz Cassim; Maziwisa, Michelle
    Background: Anthropogenic climate change has been on full display in recent years. Since June 2021, global news has regularly featured reports of heatwaves in the Pacific North-West of America, floods in Germany and China, and droughts in South Africa. July 2021 was significant in South Africa in this regard: alongside existing disaster legislation enacted to manage the Covid-19 pandemic, the National Disaster Management Centre declared drought as a disaster in the Western Cape, Northern Cape, and Eastern Cape, as dams in these three provinces were running dry. In April 2022, catastrophic flooding led to loss of life and homes and the destruction of public infrastructure in Kwa-Zulu Natal. The first half of 2023 was characterised by scorching temperatures across southern Europe and raging wildfires in Canada. For years, scientists and environmentalists have been warning that human activity is negatively affecting the planet, and recent catastrophic events are indicative of these forecasts coming to pass.
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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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