Magister Philosophiae - MPhil (Law)

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    A critical analysis of legal practitioners pursuing “Hopeless Cases” in the South African legal system.
    (University of the Western Cape, 2024) Famate, Tinyiko Modjadji Comfort
    This research paper investigates the conduct of legal practitioners who appear in matters (act on or defend) in which there are no reasonable prospects of success (hopeless cases). The study focuses on the potential legal and ethical implications for legal practitioners who choose to pursue such cases. Employing a qualitative research approach, this study will conduct an extensive literature review, which includes a critical analysis of the Constitution of the Republic of South Africa, 1996, relevant books, statutory provisions, journal articles, reports from South African legal commissions, case law, chapters, and the foreign legal framework. The findings of this study serve as an informative resource, providing insights that enable legal practitioners to make informed choices during the case selection process. This investigation also contributes to the ongoing debate regarding the Labour Court’s condemnation of legal practitioners for bringing hopeless cases before it.
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    Digital trade and its discontents: Evaluating the impact of the African continental free trade area’s digital trade protocol on the regulatory autonomy of State Parties’
    (University of the Western Cape, 2024) Kahumbu, Joanna Katunge
    Trade, once conducted over camel caravans along the Silk Road, ships navigating the Cape of Good Hope, and, in more recent times, by cranes unloading containers at vast sea ports, has been fundamentally transformed in the digital age. Digitalisation has redefined the nature of commerce, significantly expanding its scope with the collection and transfer of data now integral to the delivery and provision of digital goods and services.This new scope of trade, formerly referred to as e-commerce, has been termed ‘digital trade’ and has been statistically defined as ‘all international trade transactions that are digitally ordered and/or digitally delivered’. Digital trade has emerged as a dynamic and rapidly growing area of the digital economy with the value of global exports of digitally delivered services reaching US$ 3.82 trillion in 2022 capturing an estimated 54 per cent share of total global services exports and accounting for 12 per cent of total goods and services exports. Together with digitally delivered services, digitally ordered trade is an important component of digital trade and is an increasingly vital way for producers to reach and take orders from customers located domestically or abroad.
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    Investment promotionin Tanzania: an examination of the legal and institutional framework.
    (University of the Western Cape, 2025) Zacharia, Husna Ahmed
    Foreign Direct Investment in Africa: The wave of political independence in Africa during the 1960s ushered in a strong desire among leaders to assert economic sovereignty. While colonial economies were open to foreign investments, these investments were primarily beneficial to colonial powers, fostering a deep scepticism of foreign post-independence dominance. Leaders like Julius Nyerere championed self-reliance through policies such as Ujamaa, emphasising socialism, nationalisation, and local empowerment. This cautious approach to FDI prioritised state-led development over external capital, reflecting dismay at neo-colonialism. Whereas these restrictive policies reinforced political independence, they delayed Africa's integration into global markets, contributing to the economic quagmire in subsequent decades.