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  • 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 ...
  • 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 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 ...
  • 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 ...
  • An assessment of constitutional guarantees of religious rights and freedoms in South Africa 

    Gildenhuys, J. L. (Stellenbosch : Stellenbosch University, 2002-03)
    ENGLISH ABSTRACT: The central issue which is considered in this thesis is the meaning of the constitutional guarantees of religious rights and freedoms in South Africa. In other words, it is concerned with the functions ...
  • A hundred years of demolition orders : a constitutional analysis 

    Strydom, Janke (Stellenbosch : Stellenbosch University, 2012-03-07)
    ENGLISH ABSTRACT: Ownership, and especially the ownership of land, consists of rights as well as duties. The social responsibilities of the owner depend on the prevailing needs of the public (as expressed in legislation) ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • Tenure security in urban rental housing 

    Maass, Sue-Mari (Stellenbosch : University of Stellenbosch, 2010-12)
    ABSTRACT ENGLISH: The dissertation considers the tenure rights of urban residential tenants in the post-1994 constitutional dispensation. The 1996 Constitution mandates tenure reform in two instances. Firstly, section 25(6) ...
  • A legal perspective on the power imbalances in the doctor-patient relationship 

    Le Roux-Kemp, Andra (Stellenbosch : University of Stellenbosch, 2010-03)
    ENGLISH ABSTRACT: The unique and intimate relationship that exists between a medical practitioner and his/her client is possibly one of the most important relationships that can come into being between any two people. This ...
  • 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 ...
  • Courts, socio-economic rights and transformative politics 

    Brand, Jacobus Frederick Daniel (Danie) (Stellenbosch : University of Stellenbosch, 2009-03)
    ENGLISH SUMMARY: The point of departure of this dissertation is that transformation in South Africa depends on transformative politics – extra-institutional, substantive, oppositional, transformation-oriented politics. One ...
  • Compensation for expropriation under the constitution 

    Du Plessis, Wilhelmina Jacoba (Elmien) (Stellenbosch : University of Stellenbosch, 2009-03)
    Since the advent of constitutional democracy in 1994 South African courts have been faced with new interpretive imperatives.
  • Distribution of financial resources and constitutional obligations in decentralised systems a comparison between Germany and South Africa 

    Brand, Dirk Johannes (Stellenbosch : University of Stellenbosch, 2005-12)
    In this dissertation a comparative study is made of the constitutional accommodation of the distribution of financial resources and constitutional obligations to the various spheres of government in Germany and South Africa. ...
  • Individual criminal liability for the international crime of aggression 

    Kemp, Gerhard (Stellenbosch : University of Stellenbosch, 2008-03)
    Aggression is regarded as one of the core crimes under customary international law, but the definition of aggression is still contentious. At present there is no international instrument that provides for effective individual ...