UWCScholar

This repository serves as a digital archive for the preservation of research outputs from the University of the Western Cape.

 

Recent Submissions

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The implementation of trade remedies in burundi’s international trade legal framework
(University of the Western Cape, 2024) Mfuranzima, Noël
After the Second World War, international trade liberalisation was on the agenda of the international community.1 An International Trade Organisation (ITO) was proposed during the Bretton Woods Conference. The aim was to complement the work of the International Humanitary Fund and the World Bank. The ITO marked the initial step in formalising international trade, with the General Agreement on Tariffs and Trade (GATT) serving as the means to support and promote trade development among nations. The significant goal included the reduction of tariffs and the removal of quantitative restrictions on global trade. Establishing modern international trade standards and the World Trade Organisation (WTO) have both been lengthy processes. Over a span of 47 years, from 1948 to 1995, the trading system transitioned from GATT to the WTO, evolving from the Havana Conference to the Marrakesh Agreement. This transformation occurred after the ITO initiative was abandoned. GATT played a crucial role in creating a strong and successful multilateral trading system that became increasingly liberal through various rounds of trade negotiations. However, by the 1980s, it was clear that the system required a comprehensive overhaul to meet the changing global trade landscape.4 This process led to the establishment WTO in 1995.5 The GATT was a provisional instrument for almost half a century.6 It effectively established the rules governing global trade and marked a significant growth period in the international trade system.
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A critical analysis of the legal strength of creditor rights during the business rescue proceedings of a company operating in the South African aviation sector
(University of the Western Cape, 2024) Ennes, Keanu A
This research primarily concerns the protection of creditor rights during the process of business rescue of a company operating in the South African aviation sector. The research also examines a specific international hard law instrument, the UNIDROIT Convention on International Interests in Mobile Equipment (2001), known as the Cape Town Convention (CTC) along with the application of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment (2001) (the Aircraft Protocol). This analysis investigates whether having adopted the CTC would change the legal nature of a creditor’s rights during the South African business rescue process. The research will further analyse two specific aspects, namely the general moratorium and the protection of property interests, which applies during business rescue against creditor claims. The analysis will establish if both aspects, the general moratorium and the protection of property interests, would apply to a creditor with an international interest (security right) in terms of the CTC. The outcome of this study will be to determine whether a creditor with an international interest will be in a more secure position compared to a creditor merely having a security right established under South African law during the business rescue proceedings of a debtor operating in the South African aviation sector.
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Surviving extremely low birth weight infants have a higher risk of ROP in Sub-Saharan Africa
(John Wiley and Sons Inc, 2025) Jordaan, Esmè; van der Lecq, Tshilidzi; Holmström, Gerd; Kali, Gugulabatembunamahlubi; Muloiwa, Rudzani; Rhoda, Natasha
Aim: Retinopathy of prematurity (ROP) risk factors have been investigated in population-based studies from most global regions. No such studies are available from Sub-Saharan Africa (SSA), where improved neonatal care is increasing the survival of preterm infants at risk of ROP. Methods: A population-based study was conducted in infants born in Cape Town, South Africa, from 1 May 2022 to 31 January 2023. The screening criteria were birth weight < 1250 g or gestational age < 32 weeks. The data were extracted from the Retinopathy of Prematurity South African register. Results: The study included 378 screened infants, 115 (30.4%) of whom developed ROP. In the multiple regression analyses, lower birth weight was an independent ROP risk factor, OR 1.3 95% CI 1.2–1.5, p < 0.001. Surgical necrotising enterocolitis (NEC) was the only other independent ROP risk factor, OR 5.8 95% CI 1.6–21.0, p = 0.007. Infants with birth weight < 1000 g were 39.4% (130/378) of those screened and more likely to develop ROP compared to larger infants, OR 2.4 95% CI 1.5–3.9, p < 0.001. Conclusion: Birth weight remained a significant ROP risk factor, especially for those born weighing less than 1000 g. These infants represented a larger proportion of screened infants compared to previous Sub-Saharan African studies.
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Decolonising forensic odontology in Sub-Saharan Africa
(Elsevier B.V., 2025) Kabbashi, Salma; Bailie, Keane; Chandler, Susan; Chetty, Manogari
Forensic odontology plays a vital role in human identification, age estimation, and legal investigations. However, in Sub-Saharan Africa, the field has developed within a framework shaped by colonial histories, Western methodologies, and systemic underinvestment in local capacity. This article critically examines the need to decolonise forensic odontology in the region, proposing a comprehensive reform agenda grounded in four intersecting domains: historical legacies, indigenous knowledge integration, ethical considerations, and policy reform. It highlights how colonial-era forensic practices continue to influence current protocols and legal standards, often to the detriment of scientific accuracy and justice. By recognising and incorporating traditional dental knowledge, such as ritual dental modifications and community oral histories, the field can be enriched and made more contextually relevant. Ethical challenges surrounding data sovereignty, informed consent, cultural sensitivity, and the use of contested techniques are addressed, with recommendations for more equitable and transparent forensic practices. Policy reforms are proposed to institutionalise forensic odontology through education, infrastructure development, legal recognition, and collaborative networks. The article argues that decolonisation is not a rejection of global science but a reorientation toward context-appropriate, ethically grounded, and locally led forensic systems. Through these reforms, Sub-Saharan Africa can build a forensic odontology discipline that is scientifically robust, culturally responsive, and capable of delivering justice and dignity to affected communities.
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A critical exploration of Pan-African ecofeminist popular education within WoMin’s feminist schools
(Taylor&Francis, 2025) Hargreaves, Samantha; Walters, Shirley; Khan, Leila
WoMin African Alliance (WoMin) has hosted six Feminist Schools since 2016 in which a Pan-African ecofeminist popular education approach has evolved. The participants are women in communities of resistance against extractive projects in West, East, and Southern Africa. Given the limited research on ecofeminist popular education in Africa, an exploratory case study method is used to examine the praxis of the emergent curriculum. Most participants have limited levels of formal schooling; therefore, we probe how we build an understanding of complex theoretical ideas while simultaneously honouring the centrality of women’s embodied knowledge. We describe various participatory, inventive pedagogical practices which place women’s experiences at the centre while elucidating abstract concepts. The facilitator’s ability to weave theory from the stories while ‘on her feet’ is crucial. The case deepens the argument that experience is a source of knowledge and provides rich evidence to support it.