• 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 ...
• 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 ...
• 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 ...
• Die gelding van die volkereg in die Suid-Afrikaanse reg 

  Bezuidenhout, A. E. M. (Anna Elizabeth Martha) (Stellenbosch : Stellenbosch University, 1990-12)

  ENGLISH ABSTRACT: According to Rumpf£ CJ in the Nduli decision, Roman-Dutch law is the fons et origo of the statement that customary international law is part of South African law. His sources, Fran~ois and Huber, are ...
• Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security 

  Du Plessis, Madri (Stellenbosch : Stellenbosch University, 2004-03)

  ENGLISH ABSTRACT: This study exammes, m stages of development, the existing law regarding humanitarian intervention, problems in respect of this law and cases of intervention. More specifically, intervention in human ...
• The quest for effective arbitration : new developments in South Africa and Germany 

  Afflerbach, Kai (Stellenbosch : Stellenbosch University, 2002-03)

  ENGLISH ABSTRACT: Arbitration is widely regarded as an important alternative to litigation, particularly for international commercial disputes. However, concern currently exists that arbitration is becoming too slow and ...
• The admissibility of a case before the International Criminal Court : an analysis of jurisdiction and complementarity 

  Denecke, Jan (Stellenbosch : Stellenbosch University, 2002-03)

  ENGLISH ABSTRACT: The permanent International Criminal Court (ICC) will come into operation after the 60th ratification of the Rome Statute of the International Criminal Court of 1998. The ICC will have jurisdiction ...
• Contract formation and the Internet : an analysis of contract formation in English, South African and German law with special regard to the Internet 

  Helmholz, Niels (Stellenbosch : Stellenbosch University, 2002-12)

  ENGLISH ABSTRACT: This dissertation examines the conclusion of contracts on the Internet in English and South African law on the one hand, and German law on the other. Because these legal systems have not developed ...
• A delicate balance : equality, non-discrimination and affirmative action in Namibian constitutional law, as compared to South African and U.S. constitutional law 

  Cassidy, Elizabeth Ann Kandravy (Stellenbosch : Stellenbosch University, 2002-12)

  ENGLISH ABSTRACT: This thesis examines the constitutional law of equality, non-discrimination and affirmative action in Namibia, and compares it to that of South Africa and the United States. Namibian judicial interpretation ...
• The interpretation and effect of section 197 of the Labour Relations Act 66 of 1995 

  Jones, Jonathan (Stellenbosch : Stellenbosch University, 2001-12)

  ENGLISH ABSTRACT: Section 197 of the Labour Relations Act 66 of 1995 ensures the transfer of a contract of employment from an old employer to a new employer on the transfer of a business as a gomg concern. Although ...
• The child's right against exploitation in the form of pornography on the Internet : a South African perspective 

  Van der Westhuizen, Lize (Stellenbosch : Stellenbosch University, 2001)

  ENGLISH ABSTRACT: With the arrival of the Internet, the availability of pornography, and especially child pornography, has increased tremendously. This rapidly developing technological wonderworld has brought the dark ...
• Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights 

  Fourie, Melanie (Stellenbosch : Stellenbosch University, 2005-04)

  ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been ...

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