Type
Now showing items 1-20 of 64
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Acquisitive prescription in view of the property clause
(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 ... -
Ancillary rights in servitude law
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT :Servitudes are regulated in South African law by the principles of the common law. One set of principles regulate servitudes ex ante – limiting and controlling the establishment of servitudes. Another set ... -
The application of the principle of complementarity in the relationship between the African Court and the African Commission under the Regional African Human Rights System
(Stellenbosch : Stellenbosch University, 2021-12)ENGLISH ABSTRACT: The principle of complementarity has great potential in enhancing the engagement between the African Commission on Human and Peoples Rights (African Commission) and the African Court on Human and Peoples ... -
An assessment of constitutional guarantees of religious rights and freedoms in South Africa
(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 capabilities approach to the judicial review of resource allocation decisions impacting on socio-economic rights
(Stellenbosch : Stellenbosch University, 2015-12)AFRIKAANSE OPSOMMING : Die verwesenliking van sosio-ekonomiese regte, dikwels deur middel van administratiefreg, is ʼn voorvereiste van kritieke belang vir die transformasie van die Suid Afrikaanse samelewing. Hulpbronne ... -
A common standard of habitability? A comparison between tenants, usufructuaries and occupiers in South African law
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: The purpose of this dissertation is to explore whether there is a common (or minimum) standard of habitability between tenants, usufructuaries and occupiers in South African law, and crucially to determine ... -
A comparative study of the effectiveness of bidder remedies in South Africa and Nigeria
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : The Guide to Enactment identified that a bidder remedies system helps to make procurement law to “an important degree self-policing and self-enforcing”. This is because it provides an avenue to litigate ... -
Compensation for excessive but otherwise lawful regulatory state action
(Stellenbosch : Stellenbosch University, 2015-03)ENGLISH ABSTRACT : Section 25 of the South African Constitution authorises and sets the limits for two forms of legitimate regulatory interference with property, namely deprivation and expropriation. The focus of this ... -
Compensation for expropriation under the constitution
(Stellenbosch : University of Stellenbosch, 2009-03)Since the advent of constitutional democracy in 1994 South African courts have been faced with new interpretive imperatives. -
Compliance with minimum wages : a South African legal perspective
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: Globalisation has increased competition and resulted in various advancements of human life. However, it also has negative consequences, such as stagnating lower spectrum wages that occur despite increased ... -
The consequences of a successful estoppel defence : a constitutional analysis
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: The consequences attributed to estoppel at common law ordinarily entail the suspension of the owner’s rei vindicatio and hedged possession in favour of the successful estoppel raiser. However, remarks ... -
A constitutional analysis of access rights that limit landowners' right to exclude
(Stellenbosch : Stellenbosch University, 2015-12)ENGLISH ABSTRACT : The right to exclude is portrayed either in a strong-absolute sense or a qualified sense. According to the South African doctrinal notion of ownership, ownership and the right to exclude are exercised ... -
The Constitutional Property Clause and Immaterial Property Interests
(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 ... -
Constitutional property law in Central Eastern European jurisdictions: A comparative analysis.
(Stellenbosch : Stellenbosch University, 2016-12)ENGLISH ABSTRACT : This dissertation investigates three areas of constitutional property law doctrine, namely the concept of property for constitutional purposes, the distinction between deprivation and expropriation and ... -
The constitutionality of pornography
(Stellenbosch : Stellenbosch University, 2001-12)ENGLISH ABSTRACT: The advent of a constitutional democracy in South Africa after the first non-racial democratic elections in 1994 and the subsequent adoption of a final constitution in 1996 introduced a legal order ... -
The courts, national security and the free flow of information
(Stellenbosch : Stellenbosch University, 2020-03)ENGLISH ABSTRACT: National Security and the free flow of information are both vital to the preservation of South Africa’s open democracy. However, the two are often in tension, as the protection of National Security requires ... -
Courts, socio-economic rights and transformative politics
(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 ... -
Crime as punishment: A legal perspective on vigilantism in South Africa
(Stellenbosch University, 2016-12)ENGLISH ABSTRACT : This study aims to remedy a gap in legal literature by addressing the phenomenon of vigilantism from a legal perspective, and seeking to conceptualise and understand the problem. To this end, it first ... -
Criminal gang activities: A critical and comparative analysis of the statutory framework under South African criminal law
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: Criminal gang activity presents a substantial threat to the lives of, in particular, the Cape Flats community in the Western Cape. This dissertation investigates the legislative response in holding gang ... -
A critical consideration of the exclusion of corporate criminal liability for the atrocity crimes under the Rome Statute of the International Criminal Court
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: From the international criminal law perspective, unlike the national law perspective, the principle of corporate criminal responsibility is not defined neither does the Rome Statute of the International ...
