Magister Philosophiae - MPhil (Law)
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Item An analysis of South Africa’s efforts to realize the right to basic education in light of Covid-19(University of the Western Cape, 2024) Macekiswana, SaneleThis study is an analysis of South Africa’s efforts toward ensuring the realisation of the right to basic education during the Covid-19 pandemic. In South Africa, the Covid-19 pandemic presented unprecedented challenges which intensified the existing inequalities that are threatening the realisation of the right to basic education for many young South Africans. During the Covid-19 pandemic, the shift from physical school attendance to online learning was one of the remarkable challenges that the basic education system failed to address due to a number of challenges such as lack of access to internet and technology in many South African schools. As a result, millions of young South Africans were left behind and their right to basic education was violated. Therefore, for the South African government to be still facing such challenges after 30 years of democracy shows a lack of commitment to protecting the right to basic education that is entrenched in our constitution.Item A mini-thesis submitted in partial fulfilment of the requirements for the degree of Master of Laws (LLM) in International Trade, Investment and Business Law(University of the Western Cape, 2024) Salum, Hamisi SThe global trade landscape has seen increased interdependence among countries, leading to increased bilateral relations. This has underscored the necessity for an entity to oversee and regulate countries' trade activities. As a result, the World Trade Organisation WTO was established in 1994, superseding the General Agreement on Tariffs and Trade (GATT) formed in 1947 during the Uruguay Round the WTO governs global trade with a membership of over 164 since 29 July 2016,1 the WTO facilitates smooth trade by eliminating barriers and promoting import and export agreements between nations. The GATT 1994 permits members to establish Preferential Trade Agreements (PTAs), such as customs unions and free-trade areas, as an exception to the principle of non-discrimination.2 In pursuit of fair trade, WTO members introduced the concept of anti-dumping, countervailing and the safeguard measures.3 Together, these measures, known as trade remedies, were implemented during the Uruguay Round. The WTO safely regulate the use of these trade remedies through the Agreement on Anti-Dumping and Countervailing, Subsidies, and Safeguard agreements. Therefore, within the context of trade liberalisation, industries may be susceptible to unfair trade practices or heightened competition from imported goods, potentially resulting in detrimental effects on domestic businesses, industries and market, thus, trade remedies serve as pivotal tools utilised by governments to intervene strategically, aiming to safeguard employment opportunities and stimulate investments within the economy.Item Potential risks of Money Laundering and Terrorist Financing in SADC’s Informal Cross-Border Trade – A South African perspective(University of the Western Cape, 2024) Mtatase, SibusisoThe Southern African Development Community (SADC) is known for its emerging economies that are largely dominated by a significant number of Informal Cross-Border Trade (ICTB) activities. 1 These activities play a pivotal role in regional trade and international mobility, and they represent an important aspect of the economy. The SADC is an inter-governmental organization headquartered in Gaborone, Botswana, comprising 16 Member States.2 These Member States are Angola, Botswana, Comoros, the Democratic Republic of Congo, Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia, and Zimbabwe.3 The objectives of the SADC are to achieve economic development, peace, and security, as well as to promote growth, alleviate poverty, and enhance the living standards and quality of life of the people of Southern Africa.4 Additionally, the SADC aims to support the socially disadvantaged through regional integration.5 In 2011 the SADC recognised money laundering and terrorist financing as a priority crime and promulgated Annex 12 (Anti-Money Laundering (AML)) to its Protocol on Finance and Investment (hereafter referred to as Annex 12). The SADC Annex 12’s objectives are to facilitate the joining of anti-money laundering and combating of financing of terrorism policies, laws, and regulatory practices of its Member States, within the framework of the Financial Action Task Force (FATF) Recommendations.6 Annex 12’s aim is to further support an effective and proportional action against money laundering and the financing of terrorism in the SADC region.Item The enforcement of the Palestinian right to self-determination: an examination of third state obligations and countermeasures(University of the Western Cape, 2024) Jaffer, ZameerThe enforcement of the Palestinian people's right to self-determination has been a longstanding issue on the United Nations agenda. While self-determination is universally recognised as a foundational principle of international law, the Palestinian claim to this right has been persistently obstructed, most notably by Israel’s breach of peremptory norms of general international law, including: the violation of human rights and humanitarian law; the prohibition of acquisition of territory by force; and the prohibition of racial discrimination and apartheid. This study interrogates whether states not directly injured by the denial of the Palestinian right self-determination, have a right to resort to countermeasures against Israel. The jus cogens nature of self-determination, triggers erga omnes obligations, suggesting that all states share a collective interest in enforcing compliance with jus cogens norms. However, enforcement has been hindered by the structural weaknesses of the United Nations Security Council. Within this context, the thesis explores the legal framework of decentralised enforcement mechanisms, focusing on their legal basis and customary status. In doing so, this thesis examines the field of state responsibility, offering a critical analysis of whether non- injured states can lawfully adopt countermeasures to end the prolonged occupation and advance the right to self-determination for Palestinians in Gaza, the Occupied Palestinian Territories, and Palestinian refugees worldwide.Item Women's Rights in a Changing Climate: An Intersectional Analysis of Climate Change and Gender Inequality in Nigeria.(University of the Western Cape, 2025) Mashiyi, Vuyiseka VickyClimate change disproportionately impacts women, particularly in Nigeria where poverty and deep-rooted gender inequalities intersect. This dissertation explores how climate change affects women's socio-economic rights, through an intersectional feminist and human rights lens. This study examines how social identities like gender, class, and ethnicity shape women’s vulnerabilities and coping mechanisms to climate shocks. And how existing gender gaps exacerbate these challenges. Women's limited access to resources, information, and decision- making power hinders their ability to adapt to climate-induced crises such as droughts, floods, and rising sea levels, leading to increased food insecurity, health risks, and gender-based violence. Employing a human rights framework, this research investigates how climate change exacerbates existing gender inequalities, disproportionately affecting women. Through case studies and policy analysis, the study will explore the multifaceted impacts on women's food security, employment, poverty, and health, including reproductive rights. This thesis advocates for the critical inclusion of women in climate change decision-making processes, arguing that their underrepresentation creates a 'value gap' hindering effective solutions. By examining the intersection of climate change and gender inequality in Nigeria, this research investigates the disproportionate impacts on women, including increased vulnerability to food insecurity, health risks, and gender-based violence. It further explores the link between climate-induced displacement and the rise in gender-based violence. Ultimately, this research aims to contribute to building a more just and equitable future for women facing the consequences of climate change.Item Covid-19 and the right to social security for self-employed and informal workers in South Africa(University of the Western Cape, 2025) Le-Ann CupidoThe year 2020 brought the world to a standstill when the Covid-19 pandemic was declared. Like in many other nations all over the world, one of the most drastic forms of intervention was the implementation of a national lockdown within South Africa. This in essence meant that all nonessential places of work were closed for business. As a result of this lockdown, those in the informal and self-employed economy found themselves unable to work and unable to gain an income. Job and income losses also occurred within the formal economy; however, an important distinction is that those within the informal economy had no protection under the available social security framework. The South African Government put measures in place to assist those impacted by the severity of the Covid-19 pandemic, however it was found that those measures were based on the existing social security framework that inherently disadvantaged those in the informal and self-employed economy. There are various international and regional instruments that are in support of extending social protection to the informal and self-employed economy. During the Covid-19 pandemic, the vulnerabilities of those in the informal and self-employed economy were exacerbated as they found themselves unable to provide for the basic needs of themselves and their families and as a result suffered the most. This study therefore focuses on the need to extend the right to social security towards the informal and self-employed economy.Item Access to electricity within the South African Legal and Constitutional Context: lessons to be learnt from the Netherlands(University of the Western Cape, 2025) Boer, Ketra RaeThe provision of electricity is essential for the promotion of healthcare, employment, food production and educational outcomes. The right to access electricity forms the basis of quality to life and various other rights. The ability of people to receive education, communication between people and the process of preparing food is impacted by access to electricity. 1 South Africa implemented load shedding to maintain the integrity of the electric grid and prevent further grid failure.2 South Africa has, however, coined the term ‘load shedding’ and defined it as ‘planned rolling blackouts based on a rotating schedule in a period where short supply threatens the integrity of the grid.’3 This implementation was the consequence of the failure to build new power stations which would keep up the economic growth and phase out older power plants.4 However the frequency of this load shedding has led to the current electricity crisis in South Africa. The frequency of load shedding has become a highly political and ideological topic due to its impact on various sectors of the economy.5 Load shedding is defined as the deliberate shutdown of electric power in a part of a power-distributing system, generally to prevent failure of the entire system when the demand strains the capacity of the system.6 There have been various factors which has heightened the discussion around the electricity crisis in South Africa. Politics and corruption have been noted as a big issue in the power sector of other African countries and now South Africa has also become one of these countries.