Now showing items 1-20 of 24

  • 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, ...
  • Acquisitive prescription in view of the property clause 

    Marais, Ernst Jacobus (Stellenbosch : Stellenbosch University, 2011-12)
    ENGLISH ABSTRACT: Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. Prescription is mostly regarded as an unproblematic area of South African ...
  • Administrative justice and tribunals in South Africa : a commonwealth comparison 

    Armstrong, Gillian Claire (Stellenbosch : Stellenbosch University, 2011-12)
    ENGLISH ABSTRACT: In the field of administrative law, the judiciary has traditionally exercised control over the administrative actions of the executive through judicial review. However, judicial review is neither the most ...
  • Consenting to objectifying treatment? Human dignity and individual freedom 

    Fick, Sarah Johanna (Stellenbosch : Stellenbosch University, 2012-03)
    ENGLISH ABSTRACT: The purpose of this study was to determine whether an individual can and/or should be allowed to consent to objectifying treatment. This necessitated the determination of the meaning of dignity, the ...
  • The Constitutional Property Clause and Immaterial Property Interests 

    Kellerman, Mikhalien (Stellenbosch : University of Stellenbosch, 2011-03)
    ENGLISH ABSTRACT: The question that this dissertation addresses is which immaterial property interests may be recognised and protected under the constitutional property clause and if so, under which circumstances. The ...
  • Constitutionality of the rules governing sectional title schemes 

    van der Merwe, Zerlinda (Stellenbosch : University of Stellenbosch, 2010-12)
    ENGLISH ABSTRACT: Various types of rules govern many areas of life in a sectional title scheme. The Sectional Titles Act 95 of 1986 prescribes model management and conduct rules in its regulations. Other non-prescribed ...
  • Equality of arms and aspects of the right to a fair criminal trial in Botswana 

    Cole, Rowland James Victor (Stellenbosch : University of Stellenbosch, 2010-03)
    ENGLISH ABSTRACT: The guarantee of a fair trial is fundamental to the criminal process of every modern society. Like all civilised nations, Botswana’s legal order provides for the protection of accused persons through ...
  • The history, development and future of public nuisance in light of the Constitution 

    Samuels, Alton Ulrich (Stellenbosch : University of Stellenbosch, 2010-12)
    ENGLISH ABSTRACT:The objective of this thesis is to establish whether the notion of public nuisance has a legitimate purpose in post-apartheid South African. Public nuisance originated in English law in the 12th century ...
  • The impact of Section 26 of the Constitution on the eviction of squatters in South African law 

    Muller, Gustav (Stellenbosch : Stellenbosch University, 2011-12)
    ENGLISH ABSTRACT: This dissertation considers the housing rights of unlawful occupiers in the post-1994 constitutional dispensation. Section 26 of the Constitution of the Republic of South Africa, 1996 affords everyone ...
  • International law in the interpretation of sections 25 and 26 of the Constitution 

    Slade, Bradley Virgill (Stellenbosch : University of Stellenbosch, 2010-12)
    ENGLISH ABSTRACT: The protection of human rights is one of the main aims of international law. Since the Second World War, the United Nations and various other international organs have recognised the protection of human ...
  • 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 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 ...
  • The justifications and limits of affirmative action : a jurisprudential and legal critique 

    Nel, Erin Leigh (Stellenbosch : Stellenbosch University, 2011-12)
    ENGLISH ABSTRACT: Affirmative action with its wide array of manifestations, ranging from BEE (Black Economic Empowerment) to special measures within the Public Procurement sector, was intended to aid South Africa 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 ...
  • 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 ...
  • 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 ...
  • 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 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 ...
  • Relocation of a specified servitude of right of way 

    Kiewitz, Leigh-Ann (Stellenbosch : University of Stellenbosch, 2010-12)
    ENGLISH ABSTRACT: Traditionally, the common law rule as interpreted by South African case law required that mutual consent be obtained in order to relocate a specified servitude of right of way. Since the Linvestment ...
  • Repealing the Subdivision of Agricultural Land Act : a constitutional analysis 

    Frantz, Gino (Stellenbosch : University of Stellenbosch, 2010-12)
    ENGLISH ABSTRACT: All agricultural subdivisions in the Republic of South Africa are regulated by the Subdivision of Agricultural Land Act 70 of 1970. The declared purpose of the Act is to prevent the creation of uneconomic ...