Masters Degrees (Public Law)

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Masters Degrees (Public Law)

 

Recent Submissions

  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • Die aard van borgverrigtinge met spesifieke verwysing na die toepassing van die reels van die bewysreg op sodanige verrigtinge 
    Hendriks, Renette (Stellenbosch : Stellenbosch University, 2004-04)
    ENGLISH ABSTRACT: When evaluating a bail application, the court must take into consideration the interests of the accused against those of the community. The main goal of this assessment is to find a balance between ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • Reconsidering historically based land claims 
    Dube, Phephelaphi (Stellenbosch : University of Stellenbosch, 2009-12)
    ENGLISH ABSTRACT: The 1996 Constitution provides in s 25(7) that individuals and communities who had been dispossessed of rights in land after 19 June 1913, as a result of past discriminatory laws, may claim restitution ...
  • Lateral and subjacent support 
    Boyd, Kudakwashe (Stellenbosch : University of Stellenbosch, 2009-12)
    ENGLISH ABSTRACT: The first part of this thesis deals with the right of lateral and subjacent support and explains how it should be applied in South African law. The thesis illustrates how the neighbour law principles ...
  • An evaluation of the transformation of public service delivery through the development of administrative justice in South Africa 
    Monyakane, Mampolokeng Mathuso Mary-Elizabeth (Stellenbosch : University of Stellenbosch, 2007-12)
    In order to test whether South African public service fulfills democratic aims and objectives, this study establishes the limits to and extent of the Promotion of Administrative Justice Act 3 of 2000 (the PAJA) in promoting ...

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