Masters Degrees (Public Law)
Recent Submissions
-
An analysis of the Separation of Powers Doctrine in Housing Rights Remedies Jurisprudence
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: The remedy issued by the Constitutional Court in Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), has been criticized for being overly deferential. ... -
Community-based mental health care for adults with psychosocial disabilities in South Africa through a right to health lens
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: There has been a shift, globally, from institutionalisation as the primary response to psychosocial disability, to community-based mental health care. This thesis sets out to determine the extent to ... -
Poverty as a ground of unfair discrimination in post-apartheid South Africa
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: Since the advent of constitutional democracy, the project of transformative constitutionalism has had limited success in addressing structural poverty and inequality in post-apartheid South Africa. The ... -
The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: This study sets out the broad context of violence against women in which we find ourselves in South Africa and then moves on to narrow that scope to the domestic violence ... -
A critical comparative study on the formulation of the South African Health Promotion Levy to achieve its policy objectives
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: The prevalence of obesity and obesity-related non-communicable diseases has increased significantly over recent decades, and South Africa is currently experiencing an obesity epidemic. In addition to ... -
Underutilisation of expropriation in the land redistribution context : current and potential obstacles
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: Expropriation in the context of land reform generally, and redistribution more specifically, is a highly contentious topic in South Africa today. The effects of colonisation and apartheid have left an ... -
The allocation of resources for the realisation of women's rights : an analysis of article 26(2) of the Maputo Protocol
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: The Maputo Protocol is the leading women’s rights treaty in Africa. However, the treaty can only be effectively implemented if resources, aimed at its realisation, are generated and spent through government ... -
The impact of the quintile funding system in reducing apartheid-inherited inequalities in education
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: The apartheid government created a separate and unequal system of schooling for learners based on racist and discriminatory laws. The education system during the apartheid era was characterised by the ... -
The absence of a system of internal controls in South African Administrative Law, in light of Section 7(2) of the Promotion of Administrative Justice Act 3 of 2000
(Stellenbosch : Stellenbosch University, 2020-12)ENGLISH ABSTRACT: Section 33 of the Constitution envisions a lawful, reasonable and procedurally fair manner of obtaining administrative justice. Coupled with the project of Transformative Constitutionalism, which seeks ... -
A critical evaluation of South Africa's enactment of new anti-trafficking legislation in fulfilment of its international obligations to prevent, suppress and combat the trafficking of persons under the Palermo Convention
(Stellenbosch : Stellenbosch University, 2020-04)ENGLISH ABSTRACT: The United Nations Convention against Transnational Organised Crime (“Palermo Convention”) and the Protocols thereto aim to prevent and combat the international phenomena collectively known as organised ... -
Human rights obligations and South African companies : a transformative approach
(Stellenbosch : Stellenbosch University, 2020-04)ENGLISH ABSTRACT: In response to colonialism, apartheid and contemporary ills, the Constitution of the Republic of South Africa, 1996 (“the Constitution”) builds its legitimacy on the fundamental restructuring of South ... -
The protection of African transgender women's rights to dignity, life and health through a teleological reading of the Maputo Protocol
(Stellenbosch : Stellenbosch University, 2019-12)ENGLISH ABSTRACT: International human rights law asserts that all individuals are born free and equal in dignity and rights. The principle of universality, read together with the rights to equality and non-discrimination, ... -
Freedom of assembly and democracy in South Africa
(Stellenbosch : Stellenbosch University, 2019-04)ENGLISH ABSTRACT : In apartheid-era South Africa protests were a mechanism through which the dispossessed and marginalised could challenge their exclusion. These characteristically confrontational and violent protests ... -
The potential of meaningful engagement in realising socio-economic rights: Addressing quality concerns
(2019-04)ENGLISH ABSTRACT : The advent of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) was a major milestone for South Africa in terms of redressing the atrocities of apartheid. While this has ... -
The indirect review of administrative action in South African law
(Stellenbosch : Stellenbosch University, 2018-12)ENGLISH ABSTRACT: Section 33 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) gives everyone the right to just administrative action. Administrative law gives content to, and protects, this ... -
Gathering on privately owned property: An analysis of the Regulation of Gatherings Act 205 of 1993
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : One of the primary reasons for the promulgation of the Regulation of Gatherings Act 205 of 1993 (“Gatherings Act”) was to repeal certain statutes that heavily restricted the ability of people to protest ... -
Public interest standing in Bill of Rights litigation under the South African Constitution: Lessons from India
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : Section 38(d) of the Constitution of the Republic of South Africa, 1996, states that anyone acting in the public interest may approach a court for relief arising from the infringement or threatened ... -
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 ... -
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 ... -
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 ...
RSS 1.0