Department of Public Law

Recent Submissions

  • A capabilities approach to the judicial review of resource allocation decisions impacting on socio-economic rights 

    Van Der Berg, Shanelle (Stellenbosch : Stellenbosch University, 2015-12)
    AFRIKAANSE OPSOMMING : Die verwesenliking van sosio-ekonomiese regte, dikwels deur middel van administratiefreg, is ʼn voorvereiste van kritieke belang vir die transformasie van die Suid Afrikaanse samelewing. Hulpbronne ...

  • A constitutional analysis of access rights that limit landowners' right to exclude 

    Dhliwayo, Priviledge (Stellenbosch : Stellenbosch University, 2015-12)
    ENGLISH ABSTRACT : The right to exclude is portrayed either in a strong-absolute sense or a qualified sense. According to the South African doctrinal notion of ownership, ownership and the right to exclude are exercised ...

  • The Application of the Joint Criminal Enterprise Doctrine in International Criminal Law for the Prosecution of Sexual Offences 

    Hartle, Chelsea (Stellenbosch : Stellenbosch University, 2015-12)
    ENGLISH ABSTRACT : The aim of my thesis is to test Haffajee‟s propositions in order to determine the most suitable construction of the Joint Criminal Enterprise (“JCE”) doctrine to establish a link between an accused and ...

  • The salva rei substantia requirement in personal servitudes 

    Grobler, Lizette (Stellenbosch : Stellenbosch University, 2015-12)
    ENGLISH ABSTRACT : The research question addressed in this dissertation is whether sufficient reasons exist for embracing a flexible approach to the salva rei substantia requirement in usufruct law. In South African law ...

  • Reconsidering the relationship between property and regulation: a systemic constitutional approach 

    van der Sijde, Elsabe (Stellenbosch : Stellenbosch University, 2015-12)
    ENGLISH ABSTRACT :This dissertation considers whether the approach to the regulation of property in the constitutional context is compatible with either one of the major theoretical approaches in private law, namely that ...

  • Ancillary rights in servitude law 

    Van Staden, Sonja (Stellenbosch : Stellenbosch University, 2015-12)
    ENGLISH ABSTRACT :Servitudes are regulated in South African law by the principles of the common law. One set of principles regulate servitudes ex ante – limiting and controlling the establishment of servitudes. Another set ...

  • A critical assessment of the exercise of universal jurisdiction by South African courts 

    Burke, Christopher Leslie (Stellenbosch : Stellenbosch University, 2015-03)
    ENGLISH ABSTRACT : Universal jurisdiction is a relatively new concept in South Africa and a rather controversial concept in international criminal law. It is often discussed but rarely applied. Universal jurisdiction refers ...

  • Compensation for excessive but otherwise lawful regulatory state action 

    Bezuidenhout, Karen (Stellenbosch : Stellenbosch University, 2015-03)
    ENGLISH ABSTRACT : Section 25 of the South African Constitution authorises and sets the limits for two forms of legitimate regulatory interference with property, namely deprivation and expropriation. The focus of this ...

  • Development of the law regarding inaedificatio : a constitutional analysis 

    Sono, Nhlanhla Lucky (Stellenbosch : Stellenbosch University, 2014-12)
    ENGLISH ABSTRACT: Inaedificatio entails that movables that have been permanently attached to land through building cease to exist as independent things and become part of the land. Courts have adopted different approaches ...

  • Transformative legal education 

    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 ...

  • Access to justice for non-citizens : a constitutional analysis 

    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, ...

  • A normative approach to state secession : in search of a legitimate right to secede 

    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 ...

  • Investigating an alternative administrative-law system in South Africa 

    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 ...

  • The right of way of necessity : a constitutional analysis 

    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. ...

  • The lessor’s tacit hypothec : a constitutional analysis 

    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 ...

  • Voluntary informed consent and good clinical practice for clinical research in South Africa : ethical and legal perspectives 

    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 ...

  • Eiendomsverlies deur verkrygende verjaring : onteiening sonder vergoeding - of nie 

    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 ...

  • The legal regulation of construction procurement in South Africa 

    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 ...

  • State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection 

    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 ...

  • Plea bargaining in South Africa and Germany 

    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 ...

  • Water as a human right under international human rights law : implications for the privatisation of water services 

    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 ...

  • The protection of the right of access to adequate housing by the South African Constitutional Court 

    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 ...

  • The right to have access to health care services for survivors of gender-based violence 

    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 ...

  • The transformative value of international criminal law 

    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 ...

  • Property in virtual worlds 

    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 ...

  • The right to a view : common law, legislation and the constitution 

    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 ...

  • Tenure security in relation to farmland 

    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 ...

  • Mortgage foreclosure under the constitution : property, housing and the National Credit Act 

    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 ...

  • The justification of expropriation for economic development 

    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 ...

  • Criminal liability of Internet providers in Germany and other jurisdictions 

    Funk, Antje Elisabeth Margarete (Stellenbosch : Stellenbosch University, 2004-12)
    ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as ...

View more