Doctor Legum - LLD

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The nexus between a well-functioning economy and the right to health care: perspectives from Zimbabwe, with insights from South Africa and Sweden
(Universty of the Western Cape, 2024) Katsenga, Nyasha Noreen; Lenaghan, Patricia
As several human rights scholars place emphasis on mobilization of resources, this study argued that such mobilisation requires an economy that is fit for that purpose to create adequate health budgets. In theory, if an economy is poorly functioning with macroeconomic instability and poor economic growth among other things, the government’s fiscal space is shrunk and what can be mobilised from such an economy is minimal. What is also mobilised from such harsh economic conditions to form part of a country’s health budget can potentially be undermined by harsh economic conditions such as hyperinflation. Conversely, if an economy has some stability and large tax bases, a government has the potential to mobilise adequate resources and direct the same towards the health budget. With this, the study argued that a well-functioning economy is an antecedent to the realisation of the right to health care. The study defined a well-functioning economy, and set out the characteristics of the same relying on academic writings, state practice through economic policies, constitutional provisions and regional treaties. The study determined that the economy of Zimbabwe was poorly functioning, while that of South Africa was somewhat poorly-functioning, and Sweden was determined to have a somewhat well-functioning economy. Against this backdrop, an analysis of the per capita spending on health care by the governments of Zimbabwe, South Africa and Sweden was undertaken with the intention of further analysing whether such spending is adequate to meet the right to health care guaranteed expressly in the constitutions of Zimbabwe and South Africa; and impliedly from the constitution of Sweden.
A legal framework for combating trade-based money laundering in the african continental free trade area
(University of the Western Cape, 2024) Iyandaa, Debayo Etukudo; Hamman,Abraham
African Union member states have commenced the process of establishing the African Continental Free Trade Area (AfCFTA), boosting intra-African trade through liberalisation and facilitation of trade widely seen as a crucial driver for economic growth, industrialisation and sustainable development. Despite the abundant opportunities the free trade area proposes to generate, as trade increases, it would engender the threat of trade-based money laundering, undermining the potential economic benefits.A number of commendable initiatives and instruments to deal with the commercial,criminal and corrupt elements of illicit financial flows (IFFs) have been embarked on; however,they are addressed in multiple and disconnected forums, which is a challenge to Africa. Currently,there is no single comprehensive global framework or architecture for tackling IFFs that utilises trade misinvoicing (TMI) and trade-based money laundering (TBML), the most frequently utilised mechanism facilitating measurable IFFs.This study proposes a harmonised legal regime under the auspices of the African Union and Regional Economic Communities as a pathway towards greater integration as envisaged. This framework should embed common measures and policies, which are the essence of regional integration, as the free trade area cannot successfully achieve all its ambitious objectives without an effective legal framework to prevent the abuse of the trade system. The legal framework will employ a combination of measures that can be summarised as follows: (i) criminalisation of trade misinvoicing, including robust sanctions; (ii) setting up preventive measures on traders in the international trade supply chain; (iii) channels for intra- African and international cooperation and information sharing; and (iv) risk assessment of the African Continental Free Trade Area (AfCFTA).Thus, Africa’s current legal regime concerning the prevention of money laundering would require a comprehensive overhaul to realise Africa’s economic transformation through the AfCFTA.
The protection of child witnesses in the South African criminal justice system
(University of the Western Cape, 2024) Beyers,Delecia Leigh; Albertus,Chesne; Mujuzi,Jamil
Children come into contact with the law and court proceedings in different ways. A child may be a victim, witness or even an accused in a legal matter, and thereby become subjected to legal proceedings. During such proceedings, the fundamental rights of the child will undoubtedly be affected. A child’s right to dignity, the right to participate and the constitutionally enshrined best interests of a child are some of the rights which are generally affected when they become subjects of the South African criminal justice system. Sadly, children are not spared from witnessing crime in South Africa, the high levels of serious, violent crime in South Africa, unfortunately mean that many children witness crime first- hand. This is especially true in indigent communities. Children are not shielded from witnessing crime and they are often also victims of crime.The low prosecution rates negatively affect communities’ faith in the justice system. As a result, children in indigent communities, are influenced by adults to abhor and distrust the machinery of the criminal justice system. Crime can therefore flourish in these conditions. Child witnesses would routinely be hesitant or even reluctant to participate in criminal justice proceedings. The cycle of crime can therefore persist. There is thus a real need in South Africa to improve children’s experience of justice and the criminal justice system. Significant legal and policy reforms are necessary to encourage cooperation with the criminal justice system and which in turn give rise to a greater sense of peace, security and development in local communities. The research focusses specifically on children as child witnesses who could simultaneously be victims or complainants in criminal proceedings. The period before a criminal trial as well as the actual trial where the child as a victim/witness is required to give his/her testimony in court requires profound attention to ensure that the rights of the child are protected. The study draws from the extant experiences and practices in European countries to assess the efficacy of the current systems of protection of complainants and witnesses during criminal proceedings in South Africa. It proposes the development of guidelines for the consistent application of quality protective measures in cases where children are witnesses and/or complainants in criminal proceedings.
An assessment of the reasons for the police’s use of excessive force and the dwindling confidence in their ability to protect human rights in South Africa
(University of the Western Cape, 2024) Max,Lennit Hendry; Hamman ,Abraham John; Albertus,Chesné
Presently, the police are regarded as the most corrupt institution in South Africa, hence it is opportune to place the spotlight on the causes of their constant use of excessive force. Importantly, it must be questioned why the continued use of excessive force is rapidly eroding the public’s trust in the police to protect their human rights. Much has been said about why we are losing faith in the police, but the link between police brutality and the public’s dwindling trust in the police as protectors of their rights has not been explored profoundly. This thesis sought to make a modest contribution in this regard. It considers the laws that permit the use of force and the reasons why the police routinely violate such laws. The thesis also interrogates why the use of excessive force colours the public’s negative perception and lack of faith in the police as guardians of fundamental human rights. International, regional and domestic law and experiences are considered through an extensive review of extant literature and studies on police brutality and the effects on civilians’ faith in the police to keep them safe and to protect their rights. Indications are overwhelmingly that issues such as poor leadership, political interference, lack of adequate oversight, poorly trained officers who lack knowledge and often respect for constitutional and legal prescripts, and lack of technology, i.e. less-lethal weapons and de-escalation training coupled with prejudicial beliefs about certain communities, exacerbate policing in South Africa. The police force thus symbolises a breeding ground for the flourishing of violence with impunity. It leaves the public with little choice but to lose faith in the police.
Property rights in personal information:a South African perspective
(University of the Western Cape, 2024) Fransman, Marlin Lowell; Moosa, Fareed
Technological advancements and the increasing speed of communication have given rise to the development of new products and business models. Personal information is a central element of these novel business models. Data subjects can exchange their personal information for goods and services, and businesses generate revenue by monetising such information. While the nexus between technology and personal information has long been recognised, personal information is traditionally seen as an integral aspect of privacy and is most often discussed in the context of privacy and data protection. In light of the commodification of personal information and the recognition of its economic value, it has become necessary to question whether personal information can be understood from a different legal perspective, namely, as property rights (or property interests). This dissertation analyses the data protection regulatory framework in South Africa. The dissertation finds that South African data protection legislation affords data subjects a high level of protection that is comparable to that of the European Union. However, South African legislation does not address or recognise the commodification of personal information. Similarly, the South African Constitution, 1996 does not provide much guidance on this aspect. However, due to the transformative nature and effect of the Constitution, it allows for an interpretation of laws that reflects a changing legal landscape and changed mindset. In this dissertation, an examination of the United States and the European Union reveals that, despite their differing approaches to data protection, the flow of personal information is an important enabler for economic development and creating value. The dissertation finds that data protection mechanisms in both jurisdictions seek to facilitate the flow of personal information and therefore promote the increasing commodification of personal information and its status as an asset.
Analysing the transfer of ownership in the case of suspensive instalment agreements – a causal or abstract system and the implications thereof
(University of the Western Cape, 2023) Morgan, Kirsty Kate; Sibanda, Nkanyiso
South Africa follows an abstract system of transfer of ownership, as opposed to a causal system of transfer. Under an abstract system of transfer, the cause of the transfer, the iusta causa, is separated from and abstracted from the transfer of ownership itself. This results in the validity of the transfer of ownership being reliant on a real agreement and conveyance. The validity or invalidity of the underlying cause of the transfer is irrelevant for the purposes of determining whether ownership has passed. Instead, the validity of the transfer is dependent upon the real agreement and conveyance, specifically, delivery in respect of movable property. Delivery may take the form of either real or constructive delivery. In respect of constructive delivery, there is a numerous clausus of constructive delivery modes. In order to transfer ownership through the use of constructive delivery, the requirements of a particular mode must be met. The real agreement is insufficient on its own to affect transfer of ownership. The rigidity of the abstract system of transfer, although beneficial for legal certainty, can result in conceptual challenges at times. This thesis examines the conceptual challenges presented by the case of instalment agreements that reserve ownership until certain obligations are met. Specifically, analysing how and when the transfer of ownership, in the case of these types of credit agreements, takes place. This thesis analyses two approaches, the Lauritzen approach and the Info Plus approach, concluding that the latter approach provides the most equitable balancing of interests. The Info Plus approach allows ownership to transfer immediately, resulting in ownership passing to the transferee for the duration of the instalment agreement. The timing of the transfer, that is immediately, has important implications for other areas of law, in particular credit regulation as well as the law of cession and lease.
Assessing the effectiveness of the public procurement Act of 2007 in combatting corruption in Nigeria
(University of the Western Cape, 2023) Ayinde, Dare Joseph; Hamman, Abraham
The Public Procurement Act of 2007 (the PPA) was enacted to provide a sound legal and institutional framework for public procurement in Nigeria and prevent and curb corruption in the procurement process. However, although the PPA has been in force for more than 16 years, there is a doubt over its effectiveness as the level of corruption in the procurement process has not significantly reduced. This thesis examines how well the PPA prevents and combats corruption in the procurement process through the lens of game theory, the study of decision-making during which players must decide on strategies affecting the interests of other parties involved. In particular, it evaluates the PPA's suitability for preventing and combating corruption in the procurement process and points out any weaknesses in its provisions that reduce the effectiveness of the PPA in accomplishing so. The thesis establishes that the PPA has detailed provisions on the pre-contract and contract phases of procurement, with the exception of the post-contract phase of procurement, where its provisions are inadequate. It submits that the perceived ineffectiveness of the PPA in preventing and curbing corruption can be traced to two things. First, the poor implementation of its provisions, particularly the ex post facto anti-corruption provisions such as those regarding exclusion and debarment. Another example of the poor implementation of the PPA is the failure of the government to inaugurate the National Council on Public Procurement, one of the regulatory bodies established by the PPA. Secondly, there are gaps and flaws in the provisions of the PPA that make it less effective in preventing and combatting corruption in the procurement process.
Die swart vrou se reg om te erf
(University of the Western Cape, 2004) Knoetze, Elmarie; de Villiers, F.A.
Hierdie studie het ten doel die ondersoek na die Swart vrou se reg om te erf, met besondere verwysing na die bestaanbaarheid van die manlike eersgeboorteregsreel in 'n grondwetlike konteks. Die metodologie is die van 'n kritiese analise van toepaslike wetgewing, regspraak en regsliteratuur, gesien teen die agtergrond van die besondere aard en kenrnerke van die inheemse erfopvolgingsreg. Die inheemse erfopvolgingsreg word gekenrnerk deur intestate erfopvolging van manlike verwante in die patriliniese lyn, ter uitsluiting van vroue. Erfopvolging is nie beperk tot enkelvoudige huishoudings nie, maar omvat ook meervoudige huishoudings. Verskeie inheemsregtelike meganismes word aangewend om die opvolging van 'n manlike erfopvolger te verseker, wat ingevolge die inheemse reg verplig is om die oorledene se gade(s) en afhanklikes te onderhou. Regspraak in die eertydse Appelhofvir Kommissarishowe bevestig die erkenning en toepassing van die manlike eersgeboorteregsreel, met die gepaardgaande onderhoudsverpligting op die erfopvolger. Die regspraak blyk geen onderskeid tussen die toepassing van die eersgeboorteregsreel ten opsigte van die verdeling van goed en opvolging in status te maak nie, hoewel veldnavorsing skyn aan te toon dat die "lewende" inheemse reg duidelik tussen die twee begrippe onderskei. Veldnavorsing bevestig afwyking van die manlike eersgeboorteregsreel ten opsigte van die verdeling van goed, maar daar is weinig bewys van die nie-erkenning van die manlike eersgeboorteregsreel ten opsigte van die opvolging in status. Die toepassing van die manlike eersgeboorteregsreel word deur wetgewing gesanksioneer primer deur die aanwysing van die huwelikstatus en -vorm van die erflater as deurslaggewende faktor in die aanwysing van 'n toepaslike regstelsel ooreenkomstig die inteme konfliktereg. Hiervolgens vererf die boedel van ongetroude Swartes en Swartes getroud ooreenkomstig die inheemse reg ingevolge die inheemse erfopvolgingsreg. Enkele statutere bepalings maak voorsiening vir die diskresionere toepassing van die gemenereg.
Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana
(University of the Western Cape, 1991) van Ravenswaay Whelpton, Frances Peter; Vorster, L P
This study was undertaken to establish whether the phenomenon known contract appears in indigenous law and if it is possible to refer to indigenous contract law in general . Because indigenous law differs not between tribes but is also affected by the degree of westernization that has taken place among the blacks, a microstudy has been done in a semi-rural area to establish if own value-systems are altered and replaced when Western legal institutions are used. Information was obtained by interviewing a panel of specialists and compared with available literature. During the process of gathering information the aims were not only to describe how the legal principles function but also to take note of those social processes which function outside the law. Although it is possible to identify general principles and different contracts, the individual character of each contract must always be borne in mind since a contract is more than a devise for establishing the economic and legal implications of a transaction. Contracts are real in nature which means that no contractual liability arises from a mere promise or an agreement.
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in Chipinge and Chimanimani districts of Zimbabwe
(University of the Western Cape, 2024) Ndlovu, Patience; Durojaye, Ebenezer
Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s reproductive rights allows them to make informed choices, take control of their bodies and is a crucial determinant of their enjoyment of other rights. The domain of reproductive rights enables women to live lives endowed with dignity and well-being. International and regional norms and standards require that state parties respect, protect, promote and fulfill reproductive rights. Zimbabwe has registered commitments to upholding reproductive rights through the Constitution and other laws. Despite these provisions, rural women affected by humanitarian emergencies are confronted by a host of challenges in accessing family planning information and services, in contravention of Zimbabwe’s human rights obligations. The aim of this study was to interrogate if Zimbabwe’s laws, policies and programmes adequately advance women’s family planning, information and services during humanitarian emergencies using the case of Cyclone Idai in the Chipinge and Chimanimani districts of Zimbabwe.
Feeding inequality: access to equal education, feeder zones and former ‘model c’ schools
(University of the Western Cape, 2023) Draga, Lisa Natalie; Fick, Sarah
South Africa’s basic education system remains deeply unequal, fuelled in part by the inequitable access of black and poor children to good public schools that are overwhelmingly concentrated in more affluent ‘whiter areas’. South Africa’s current legislative and policy framework has resulted in schools (those in Gauteng not included) being permitted to determine their own feeder zone criteria for admission purposes. The use of geographical proximity as a criterion in the admission policies and practices of schools belies South Africa’s history of segregation and its continued manifestation. It is inevitably black children who are disproportionately and adversely affected by the use of feeder zones. This study provides contextual background concerning the group areas and Bantu Education legacy that still endure. An account of some of the historical events that underpinned and informed the passing of the South African Schools Act, and which have ultimately led to much contestation in the sphere of school governance, including in the application of feeder zones in school admissions is provided. An analysis of the jurisprudence relating to the policy making functions of school governing bodies is also undertaken with a view to determining its implications for school zoning. This study endeavours to give legal meaning and content to the concept of ‘equitable access’ to public schooling in the South African context. The legal and policy framework relevant to feeder zones is engaged with and its impact on equitable access to schooling assessed. This study provides a narrative on the way the KwaZulu-Natal, Gauteng and Western Cape provincial education departments have addressed the inequalities arising from the application of feeder zones to date.
An analysis of the legal framework on gender discrimination and women’s rights to property in Nigeria: a case study of the Igala people
(University of the Western Cape, 2023) Achimugu-Opaluwa, Agah Deborah; Durojaye, Ebenezer
Although Nigeria is a signatory to several international, regional, and homegrown legal instruments seeking to promote the rights of women, like; the Convention on the Elimination of all Forms of Discrimination against Women, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and supported fundamentally by the Constitution of the Federal Republic of Nigeria 1999, which disallows female gender discrimination and also allows women the right to own immovable property. Evidence, however, abounds in most Nigerian communities and ethnic groupings of the flagrant disregard and abuse of the rights of women, especially in reference to property ownership and inheritance during and after marriage. Since the practices that deepen these manifestations of discrimination are supported by age-long traditional beliefs and customs, it seems to thrive without regard to the position of conventions and laws as those aforementioned. It is believed that the patriarchal nature of the Igala (a minority ethnic group, living in Kogi State, North – Central Nigeria and the focal point of this research) provides an enabling environment for women’s exclusion regarding property ownership and inheritance, with culture being used as a tool to justify violations.
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in chipinge and chimanimani districts of Zimbabwe
(University of the Western Cape, 2024) Ndlovu, Patience; Durojaye, Ebenezer
Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s reproductive rights allows them to make informed choices, take control of their bodies and is a crucial determinant of their enjoyment of other rights. The domain of reproductive rights enables women to live lives endowed with dignity and well-being. International and regional norms and standards require that state parties respect, protect, promote and fulfill reproductive rights. Zimbabwe has registered commitments to upholding reproductive rights through the Constitution and other laws. Despite these provisions, rural women affected by humanitarian emergencies are confronted by a host of challenges in accessing family planning information and services, in contravention of Zimbabwe’s human rights obligations. The aim of this study was to interrogate if Zimbabwe’s laws, policies and programmes adequately advance women’s family planning, information and services during humanitarian emergencies using the case of Cyclone Idai in the Chipinge and Chimanimani districts of Zimbabwe. Utilising a desktop review, the research identified gaps in Zimbabwe’s laws, policies and programmes due to a lack of attentiveness to women’s reproductive health during emergencies. Furthermore, limited access to reproductive information, poverty, patriarchal norms, child marriages, restrictive abortion provisions, high staff turnover of experienced health personnel, limited access to essential drugs and supplies, and poor access to water and sanitation militated against women’s access to reproductive health services during Cyclone Idai.
Implementing the spatial planning and land use management act of 2013: an examination of the intersection of the role of traditional leaders and municipalities in spatial planning and land use management.
(University of the Western Cape, 2023) Poswa, Xavia Siyabonga; De Visser, Jaap
This study examines the intersection of the role of traditional leaders and municipalities in spatial planning and land use management. More specifically, the study interrogates the factors which led to tension and conflict between traditional leaders and municipalities in three provinces, namely, the Eastern Cape, Limpopo and KwaZulu-Natal, over the implementation of SPLUMA in areas governed by traditional leaders. These are the provinces where traditional leaders, through protest action, publicly expressed their grievances and disapproval of SPLUMA soon after it came into effect in 2015. They vowed to resist its implementation in the areas they governed even if it meant being imprisoned for doing so. The study analysed data from 32 key informants, personal observations, and the relevant constitutional provisions, statutes, case law, governmental reports and White papers, including the relevant literature on the history of both the institution of traditional leadership and local government in South Africa. The study identified the underlying reasons why in practice the implementation of the Spatial Planning and Land Use Management Act 16 of 2013 (came into force in 2015) in areas governed by traditional leaders is facing opposition. There are six main reasons which emanate from the interviews that were conducted with the abovementioned informants. These reasons are (1) the lack of meaningful engagement by traditional leadership when SPLUMA was introduced at national level; (2) outright rejection of SPLUMA; (3) misunderstanding of SPLUMA; (4) the lack of trust in municipalities; (5) the lack of trust in planning instruments and processes; and (6) the exclusion of traditional leaders from municipal planning tribunals. Nevertheless, given that the institution of traditional leadership is entrenched in South Africa’s rural society, traditional leader’s closeness and familiarity with rural people in their area, and importantly the role they play in land use management, the study concludes there is a need to find ways to diffuse or manage the contestation between traditional leaders. Options proposed include, national government meaningfully engaging the National House and Provincial houses of traditional leadership about SPLUMA, recognise traditional leaders as authorities of first instance in municipal planning by-laws, include traditional leaders as members/participants of the Municipal Planning Tribunals, as well as, capacitating traditional leaders to understand the meaning and benefts of land use schemes in municipal council meetings and formulating a developmental beneficiation model between traditional leaders and municipalities on land use management matters.
Rethinking the institutional structure of financial regulation in an era of fintech: the Nigerian case
(University of the Western Cape, 2023) Puja, Albert Chris; Lawack, Vivienne
The study explores why and how to adapt the institutional structure of financial regulation to address the risks, changes, and regulatory challenges of financial technology (Fintech). Drawing on authoritative literature and practical examples from various jurisdictions, including South Africa, United Kingdom, Indonesia, and Singapore, the study identifies crucial requirements for an effective institutional structure to regulate Fintech. These requirements are used as a benchmark for evaluating Nigeria’s existing institutional of financial regulation and proposing reforms for the country. The argument presented in the study suggests that instead of a complete overhaul, Nigeria should prioritise introducing piecemeal reforms to rectify the deficiencies in its current institutional structure. However, the study also proposes that an overhaul of the existing institutional structure could be explored in the long run if the proposed piecemeal reforms do not yield the desired results. The study contributes to the literature on the institutional aspects of financial regulation, Fintech regulation, and regulatory coordination.
The effectiveness of the South African critical skills visa in comparative perspective
(University of the Western Cape, 2023) Loedolf, Kim-Leigh Joy; Sloth-Nielsen, Julia
There are notable skill shortages in South Africa. This thesis explores the reasons behind the skills shortages, including the impact of apartheid on education, brain drain, brain waste, and lack of apprenticeships. Currently, there are skills shortages across many occupations, including managers, professionals, and artisans. Many employers struggle to find qualified employees to fill open positions, and citizens are unlikely to fill occupations critical to economic development soon, due to systemic issues affecting skills formation. After the apartheid era, the South African state recognised the need for skilled migrant workers to fill critical occupations. The South African state introduced visas, with the aim of alleviating skills shortages by enabling the recruitment and employment facilitation of skilled migrant workers. Regrettably, the state did not receive a significant number of skilled migrant workers. Currently, the Critical Skills Work Visa exists to facilitate the employment of skilled migrant workers in South Africa. Merely possessing a visa is not enough to entice skilled migrant workers to work and reside in South Africa; additional measures are required. The thesis explores the factors that influence skilled migrant workers’ decisions to work and live in South Africa and those that discourage them from doing so. It is acknowledged in the thesis that skilled refugees and skilled asylum seekers may also contribute to alleviating skills shortages. While members of this group are not excluded from applying for critical skills work visas, they are confronted with additional, and significant, obstacles in their pursuit of these visas. The probability of being granted a critical skills work visa is unlikely for most of them, resulting in brain waste. A comparative analysis is used in the thesis to compare the effectiveness of the Critical Skills Work Visa to that of similar visas in Botswana, Canada, and New Zealand. The thesis concludes with recommendations for improving the effectiveness of the Critical Skills Work Visa. It has been determined that visa requirements are not the sole factor that dissuades skilled migrant workers from selecting South Africa as their work destination. In order to attract skilled migrants, the South African state must enhance its legal framework to conform to international benchmarks, create a proactive immigration regime, and address inconsistencies between the immigration framework and how the Department of Home Affairs applies it.
The role of international law in juvenile justice Reform in south africa
(UWC, 2001) J, SLOTH-NIELSEN
This t hesis w ill seek to trace and to analyse the impact of international chi ldren's rights law upon the process of juvenile justice reform in South Africa during the past decade. As documented more fully in Chapter 2 (International Law and Juvenile Justice Reform), repressive juvenile justice laws and practices were highlig hted by advocacy groups during the mid to late 1980s and early 1990s prior to the adoption of the interim Constitution of 1994. Subsequent to democratic elections in 1994, juvenile justice reform continued to remain high on the political agenda during the first years of transition to democracy. Legislative reforms were in itiated shortly after this, and a succession of amendments and draft legislative proposa ls were put forward . Afte r t he adoption of the final Constitution in 1996, a process of juvenile justice law reform was undertaken by the South African Law Commission, and a number of significant judicial decisions were handed down . The influence of international law upon these various legal developments and initiatives will consequently form the central topic of analysis.
Legal responses to the right to nationality and prevention of statelessness among children in Africa
(University of the Western Cape, 2022) Assefa, Ayalew Getachew; Mezmur, Benyam Dawit
The challenge of statelessness among children is a persistent problem that requires a wide range of measures. Already constituting a societal group in a vulnerable situation, children born into situations of statelessness often find it difficult to access essential services they are entitled to and to meet their basic developmental needs. Studies reveal that statelessness affects several million worldwide, among whom the most vulnerable are children, representing 60 per cent of the global stateless population. Although international and regional laws protect every person’s right to a nationality, statelessness among children persists as a human rights challenge globally as well as in Africa.
Evaluating the effectiveness of the audit committee: A case for protection of the independence of the audit committee under the South African corporate structure
(University of the Western Cape, 2022) Kgwete, Nelson Thabang; Mupangavanhu, Brighton
The recent wave of corporate governance failures in South Africa has exposed, among others, weaknesses in the realm of the audit committee as an oversight body within the corporate structure, both in private and public sectors. These governance collapses happened, despite the fact that the majority of these companies had audit committees. In this thesis, the provisions relating to the audit committee under the Companies Act 71 of 2008 (‘the Companies Act 2008’) and the Public Finance Management Act 1 of 1999 (‘the PFMA’) are analysed, with a particular focus on the adequacy of the promotion and protection of the independence of the audit committee within the corporate structure in South Africa.
Access to reproductive health and rights for indigenous women in Zimbabwe: A case of the San community in Tsholotsho and Plumtree
(University of the Western Cape, 2023) Nkomo, Sindiso Nozitha; Durojaye, Ebenezer
Access to healthcare, including reproductive health, is an essential human right that necessitates the attainment of human development, non-discrimination between genders, and promotes women’s rights. Reproductive health and rights enable women to make independent decisions and choices relating to their bodies and make it possible to keep women healthy, safe, and dignified. Despite this importance, indigenous women often struggle to have access to satisfactory reproductive health services and have poorer outcomes compared to the general populace. Indigenous women from Zimbabwe are not exempt from this predicament. It is against this background that this study aims to interrogate the extent to which San indigenous women in Zimbabwe enjoy access to reproductive health and rights. The elements of reproductive health and rights which are the main focus of this study are: “prevention and treatment of sexually transmitted infections (STIs), including HIV and AIDS and cervical cancer; maternal health; and voluntary informed and affordable family planning services.” Studies have been conducted on access to other rights by San people, such as their right to education and to decide their cultural and ethnical integrity.

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