Masters Degrees (Public Law)
Recent Submissions
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An evaluation of the National Health Insurance scheme in the light of South Africa’s constitutional and international law obligations imposed by the right to health
(Stellenbosch : Stellenbosch University, 2017-12)ENGLISH ABSTRACT : This study ultimately concerns the right to health care under constitutional law and international law and the National Health Insurance scheme proposed for South Africa. The study begins by contextualising ...
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A critical analysis of the approach of the courts in the application of eviction remedies in the pre-constitutional and constitutional context
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : In the pre-constitutional era courts had a very specific approach to eviction remedies. This approach was the result of legal doctrine that regulated the concept of ownership, eviction remedies and ...
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Effective relief regarding residential property following a failure to execute an eviction order
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : The eviction process relating to immovable property utilised for residential purposes can broadly be subdivided into three phases: the procedural; adjudicatory and execution phases, respectively. The ...
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The constitutionality of religious observances in South African public schools
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : The right to freedom of religion is one of the oldest of the internationally recognised freedoms and is entrenched in section 15(1) of the Constitution of the Republic of South Africa, 1996 (“Constitution”). ...
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A critical comparative analysis of anti-bribery legislation in the BRICS countries
(Stellenbosch : Stellenbosch University, 2016-03)ENGLISH ABSTRACT : Recent years have proven to be quite progressive in terms of the development of anti-corruption legislation, especially with the promulgation of the United Kingdom Bribery Act, and the increased ...
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The Application of the Joint Criminal Enterprise Doctrine in International Criminal Law for the Prosecution of Sexual Offences
(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 ...
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A critical assessment of the exercise of universal jurisdiction by South African courts
(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 ...
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Development of the law regarding inaedificatio : a constitutional analysis
(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 ...
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Advancing the constitutional goal of social justice through a teleological interpretation of key concepts in the environmental rights in section 24
(Stellenbosch : Stellenbosch University, 2014-12)ENGLISH ABSTRACT: The protection and conservation of the environment is essential for the continued existence of humankind, particularly in light of the challenges of climate change and environmental degradation. Along ...
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Access to justice for non-citizens : a constitutional analysis
(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, ...
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A normative approach to state secession : in search of a legitimate right to secede
(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 ...
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The right of way of necessity : a constitutional analysis
(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. ...
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The lessor’s tacit hypothec : a constitutional analysis
(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 ...
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The legal regulation of construction procurement in South Africa
(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 ...
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State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection
(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 ...
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Plea bargaining in South Africa and Germany
(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 ...
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The protection of the right of access to adequate housing by the South African Constitutional Court
(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 ...
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The right to have access to health care services for survivors of gender-based violence
(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 ...
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Tenure security in relation to farmland
(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 ...
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Criminal liability of Internet providers in Germany and other jurisdictions
(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 ...
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Die gelding van die volkereg in die Suid-Afrikaanse reg
(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 ...
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Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security
(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 ...
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Incest : a case study in determining the optimal use of the criminal sanction
(Stellenbosch : Stellenbosch University, 2003-12)ENGLISH ABSTRACT: The aim of this study is to determine standards or criteria to be used when deciding on the optimal use of the criminal sanction and to evaluate the efficacy of such criteria by applying them to an ...
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Double criminality in international extradition law
(Stellenbosch : Stellenbosch University, 2003-12)ENGLISH ABSTRACT: The object of the thesis is to examine the content and status of the double criminality principle in international extradition law. The double criminality principle says a fugitive c annat be extradited ...
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The quest for effective arbitration : new developments in South Africa and Germany
(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 ...
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The fate of Heath's special investigation unit : an evaluation in terms of the separation of powers doctrine
(Stellenbosch : Stellenbosch University, 2002-03)ENGLISH ABSTRACT: This thesis is a response to the judgment of the Constitutional Court in South African Personal Injury Lawyers v Heath, in which certain provisions of the Special Investigating Units and Special Tribunals ...
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The admissibility of a case before the International Criminal Court : an analysis of jurisdiction and complementarity
(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 ...
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Contract formation and the Internet : an analysis of contract formation in English, South African and German law with special regard to the Internet
(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 ...
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A delicate balance : equality, non-discrimination and affirmative action in Namibian constitutional law, as compared to South African and U.S. constitutional law
(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 ...
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The interpretation and effect of section 197 of the Labour Relations Act 66 of 1995
(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 ...
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