Department of Public Law

SUNScholar Research Repository

Department of Public Law

Recent Submissions

  • Quinot, Geo (Stellenbosch : Stellenbosch University, 2011-09)
    Geo Quinot obtained the degrees BA (Law) cum laude, LLB cum laude and LLD from Stellenbosch University. Upon obtaining his LLB degree in 2000, he was awarded the Stellenbosch University Chancellor’s Medal. He also ...
  • Matshakaile, Thabani Nkosiyapha (Stellenbosch : Stellenbosch University, 2014-04)
    ENGLISH ABSTRACT: The rights entrenched in the Bill of Rights in South Africa’s final Constitution are, with a few exceptions, guaranteed to citizens and non-citizens alike. South Africa has seen an influx of migrants, ...
  • Lenong, Jentley (Stellenbosch : Stellenbosch University, 2013-12)
    ENGLISH ABSTRACT: Secession is one of the oldest and probably more controversial themes of public international law. The potential of a right to secede draws even more controversy amongst international law scholars and ...
  • Maree, Petrus Jacobus Hermanus (Stellenbosch : Stellenbosch University, 2013-12)
    ENGLISH ABSTRACT: This dissertation considers the question whether there are viable alternatives to the conceptual framework within which the South African administrative-law system operates, given that the administration ...
  • Raphulu, Tshilidzi Norman (Stellenbosch : Stellenbosch University, 2013-12)
    ENGLISH ABSTRACT: The right of way of necessity is a special type of praedial servitude that is established over neighbouring property in favour of landlocked property – that is, property without access to a public road. ...
  • Siphuma, Nzumbululo Silas (Stellenbosch : Stellenbosch University, 2013-12)
    ENGLISH ABSTRACT: The lessor's tacit hypothec improves the chances of the lessor to recover rent in arrears. This real security right arises by operation of law and attaches to the lessee's movable property found on the ...
  • Britz, Retha   Le Roux-Kemp, Andra (Health and Medical Publishing Group (HMPG), 2012-09)
    Most differences, shortcomings and contradictions regarding voluntary informed consent for participation in clinical research relate to the South African-specific guidance documents, i.e. South African Guidelines for ...
  • Van Der Walt, A. J.   Marais, E. (LitNet Academic, 2012-12)
    OPSOMMING: Verkrygende verjaring word meestal beskou as ’n gedeelte van die Suid-Afrikaanse reg wat redelik regseker en onproblematies is. Die klaarblyklik onkontroversiële aard van hierdie regsreël is egter onlangs in ...
  • Anthony, Allison Megan (Stellenbosch : Stellenbosch University, 2013-03)
    ENGLISH ABSTRACT: In order for the government to function, it needs goods and services. It may acquire these goods and services by using its own resources, or by contracting with outside bodies. The latter method is ...
  • Ngari, Allan Rutambo (Stellenbosch : Stellenbosch University, 2013-03)
    ENGLISH ABSTRACT: This thesis is a reflection of the provisions of the Rome Statute in relation to the most fundamental condition for the effective functioning of the Court – the cooperation of states. It broadly examines ...
  • Kerscher, Martin (Stellenbosch : Stellenbosch University, 2013-03)
    ENGLISH ABSTRACT: Plea bargaining describes the act of negotiating and concluding agreements in the criminal procedure. Usually the prosecutor and the accused agree that the accused will plead guilty to the charge brought ...
  • Moyo, Khulekani (Stellenbosch : Stellenbosch University, 2013-03)
    ENGLISH ABSTRACT: The worsening scarcity of fresh water resources has led to an increasing number of people without sustainable access to safe water across the globe. Water privatisation has been presented as the panacea ...
  • Radebe, Sibusiso Blessing (Stellenbosch : Stellenbosch University, 2013-03)
    ENGLISH ABSTRACT: The South African history of colonialism and apartheid created a massive housing crisis, and a basic service delivery deficit for the majority of people. Since the dawn of democracy, the current government ...
  • Bannister, Tarryn (Stellenbosch : Stellenbosch University, 2012-12)
    ENGLISH ABSTRACT: In South Africa gender-based violence (hereafter “GBV”) has reached extreme levels. This violent manifestation of gender inequality is compounded by the fact that women are disproportionately affected by ...
  • Van der Merwe, Hermanus Jacobus (Stellenbosch : Stellenbosch University, 2012-12)
    ENGLISH ABSTRACT: The existential crisis of the international regime of criminal law is arguably a thing of the past. This is confirmed through a growing body of positive law and the existence of various international ...
  • Erlank, Wian (Stellenbosch : Stellenbosch University, 2012-12)
    ENGLISH ABSTRACT: This dissertation analyses and investigates how virtual property functions inside virtual worlds. It also determines if, within that context, virtual property is similar to, or should be treated like real ...
  • Koch, Carolina Augusta (Stellenbosch : Stellenbosch University, 2012-12)
    ENGLISH ABSTRACT: South African law does not recognise an inherent right to the existing, unobstructed view from a property. Nevertheless, seemingly in disregard of this general principle, property owners often attempt to ...
  • Dhliwayo, Priviledge (Stellenbosch : Stellenbosch University, 2012-12)
    ENGLISH ABSTRACT: Section 25(6) of the Constitution of the Republic of South Africa 1996 guarantees legally secure tenure to persons whose tenure of land is insecure as a result of past racially discriminatory laws and ...
  • Brits, Reghard (Stellenbosch : Stellenbosch University, 2012-12)
    ENGLISH ABSTRACT: The forced transfer of immovable property to enforce judgment debts by way of sale in execution has constitutional implications. Firstly, if the property is residential, section 26 of the Constitution ...
  • Slade, Bradley Virgill (Stellenbosch : Stellenbosch University, 2012-12)
    ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public ...

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