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Theses and Dissertations (Public, Constitutional and International Law): Recent submissions

Now showing items 1-20 of 129

A public law approach to health research in South Africa

Maswanganyi, Jamwell Vuyisa (2022-03)

The resolution of health research problems has over the years generally been guided by private law approaches, mainly under the laws of contract and delict. The dominance of private law approaches has mainly been evident ...
Regulatory mechanisms for stimulating power sector reform in Nigeria

Fasuyi Babatunde Olumuyiwa (2022-11-22)

Prior to the introduction of private participation in the value chain of the power supply system, some of the major challenges bedeviling the system are; the inadequate generation capacity, failing and limited transmission ...
Sex for sale : a comparative analysis of legal models and the socio-economic determinants informing law reform in South Africa

Clark, Dellene Michelle (2023-02)

The overarching purpose of this research is to establish the need for legislative and policy reform in respect of the exchange of sexual acts for reward and peripheral crimes in South Africa. It has sought to do so through ...
Striking a balance between the secrecy of online communication and online criminal investigation in South Africa

Popoola, Olumuyiwa Oluwole (2020-05-09)

In the Republic of South Africa (‘RSA’), there are exponentially increasing and indeterminable consequential risks and breaches involved in the spontaneous and indispensable personal, official and general anatomic uses ...
An analysis of the legal and policy developments of the right to basic education under the South African constitution

Mvalo, Zukile Christopher (2022-07-31)

The purpose of the study was to undertake an analysis of the legal and policy developments of the right to basic education in South Africa as enshrined in section 29 of the Constitution. This included, amongst others, the ...
Resolving the conflict between South Africa’s international and domestic legal obligations concerning the arrest of heads of state : lessons from the Al Bashir visit to South Africa

Peer, Shamiela (2022-04)

This dissertation involved a discussion and analysis of the international and domestic legal framework, and case law governing the immunity, arrest and surrender of heads of State wherein international crimes are addressed. ...
The interplay of citizenship, nationality and statelessness : interrogating South Africa’s legal framework in light of its international obligations

Mahleza, Yeukai Nyahsa Debra (2022-01-05)

This research examines the principle of belonging as a fundamental basis of existence as a human being. It seeks to show that non-recognition as a national of any country has led to many people being stateless and living ...
Rethinking land administration in the Kwara state of Nigeria : towards enhancing the right of access to land

Jimoh, Yahaya (2022-02-20)

Fundamental reform of the current system of access to land in Nigeria is imperative to ensure a process of land administration that is simple, accessible and sufficiently comprehensive to redress the impact of colonisation ...
South Africa's obligation to prevent, suppress and punish grave breaches of humanitarian law

Ndebele, Nomazulu (2022-01)

This study examines South Africa’s legal obligations to prevent, suppress and punish grave breaches of international humanitarian law (IHL). Whereas South Africa signed, ratified, and domesticated instruments that seek to ...
Africanisation and reformation of the African international investment landscape : towards a new continental investment agreement

Mhlongo, Lindelwa Beaulender (2021-11-14)

Many African states have now regained their independence, however, sustainable economic development and relations remain a dream. The African powerhouse is hosted at the African Union (AU) and it is aimed at achieving ...
Cybercrime and its impact on extraditions in the Republic of South Africa

Rughoonandan, Pravina Harichander (2021-09)

This study explores several South African cyber laws by comparing them to international precepts of the UK and the US, and determines how they impact on extraditions. The extradition process is largely governed by the dual ...
Enhancing the realisation of the right to development through devolution in Kenya

Khakula, Andrew Barney (2022-01-01)

The Right to Development (RTD) is not a new issue in human rights practice, having received recognition as an inalienable human right by the United Nations Declaration on the Right to Development (UNDRTD) in 1986, more ...
Revisiting assisted suicide or euthanasia in South Africa from a dignity perspective : a comparative analysis

Nsimbini, Nonhlanhla Thobile (2019-02-27)

Euthanasia has been a contentious issue in South Africa and around the world for a long time. Despite some request for the decriminalisation of euthanasia in South Africa, it remains an illegal and a criminal offence in ...
The role and legal status of urban local government in the implementation of planning law in Ethiopia : the case of Amhara National Regional State

Endale Belay Mekuria (2020-04)

This study investigated the role of urban Local Governments (ULGs) of Amhara National Regional State (ANRS) in implementing planning laws. Most of the ULGs in the developed world, unlike their counterparts in the developing ...
The impact of the process of appointing judges on judicial independence : a comparative study of Zimbabwe and South Africa

Mberesi, Jabulani (2020-11)

Judicial independence is a critical component of democracy especially in Africa’s emerging democracies. Democratic governance can only be attained if the judiciary functions independently. The selection and appointment ...
A critical analysis of national government supervision of provincial government under the 1996 Constitution

Manganye, David Skhumbuzo (2020-10)

This dissertation is the product of an in-depth literature review on national government supervision of a provincial government in terms of the 1996 Constitution. While the Constitution accords equal recognition to the ...
The law and practice of leadership and integrity in Kenya : a disquisition of the post 2010 constitutional dispensation

Aluku, Silas William (2021-10-30)

Ethical leadership is increasingly becoming a modern aspect of constitutionalism. Whereas entrenchment of ethics has recently gained momentum, ethics has existed in social relations since the advent of civilisation. Ethics, ...
The application of the principle of complementarity by the International Criminal Court prosecutor in the case of Uhuru Muigai Kenyatta

Maphosa, Emmanuel (2020-10)

The principle of complementarity is a tool used to punish the commission of core international crimes. A concerted approach is required to combat war crimes, genocide, crimes against humanity and aggression. The Prosecutor ...
Integration of unmanned aircraft systems into civil aviation : a study of the U.S., South Africa and Kenya

Rodgers, Manana Wanyonyi Edison (2020-10)

The rapid increase and popularity of Unmanned Aircraft Systems (UAS) in civil usage around the world is due to their versatility. With advancement in technology across the globe, there are UAS of different sizes and ...
Assessing the feasibility of the institutional design of an expanded and devolved trade and investment section of the African Court of Justice and Human Rights

Mutubwa, Wilfred Akhonya (2019-11)

Africa has always aspired for the economic integration of its markets. This endeavour is evident right from the 1960s clamour for independence and shortly thereafter, as newly independent states. During this period African ...

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