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Browsing PhD / Doctoral by Faculty "Faculty of Law"

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A comparative analysis of the regulations governing mobile money services in South Africa and Zimbabwe and their impact on sustainable financial inclusion of the poor and vulnerable people

Author: Mavhuru, Luck Date: 2022 Mobile money services refer to service where a mobile phone is used to provide banking services with little or no involvement of traditional banks. This service has become a powerful tool for bringing unbanked and underbanked people into the ... Read more
A critical re-appraisal of vernacularisation in the emergence and conceptualisation of community bylaws on child marriage and other harmful practices in rural Malawi

Author: Kachika, Tinyade Date: 2020 The thesis addresses the question: how have international human rights norms for protecting women and girls from harmful practices influenced and shaped the emergence and conceptualisation of community bylaws for addressing child marriage and ... Read more
A critical tax theory approach to income tax relief for black-middle class taxpayers contributing to the support of family

Author: Ndebele, Zandile Date: 2022 The purpose of this thesis is to examine income tax relief measures for taxpayers with dependants in South Africa. This research has found that taxpayers who are black and middle-class are likely to make contributions to the support of household ... Read more
A legal perspective on the role of municipalities in navigating the relationship between land use planning and mining

Author: Van Schalkwyk, Catherine Louie Date: 2019 The legislative and executive powers dealing with mining and land use respectively are allocated to different spheres of government. Mining rights are issued by the Department of Mineral Resources (DMR), as representative of the national ... Read more
A Missed Opportunity: The Rhetoric of Social Cohesion in Parliamentary Debates - 1994 – 2014

Author: Rahman, Zarina Date: 2022 Introduction: This thesis aims to explore whether the parliamentary rhetoric of Members of Parliament as leaders in South Africa contributed to social cohesion in the country. The motivation for the thesis was the violent actions by South ... Read more
Access to justice by refugees and asylum seekers in South Africa

Author: Okpechi, Abiola Date: 2011 Premised on the fact that access to justice is essential, if rights are to be actually enjoyed, this thesis set out to examine the extent to which refugees and asylum seekers are able to access justice in South Africa, both for the enforcement ... Read more
Access to work for disabled persons in South Africa : the intersections of social understandings of disability, substantive equality and access to social security

Author: Du Plessis, Meryl Candice Date: 2015 This thesis examines possible synergies and points of friction between understandings of disability that emphasise its social contingency and jurisprudential debates on substantive equality and access to social security in the context of the ... Read more
The adequacy of the Tanzanian law on e-commerce and e-contracting : possible solutions to be found in international models and South African legislation

Author: Nangela, Deo John Date: 2011 This dissertation examines Tanzania’s legal framework in the light of the modern information and communication technologies, especially the Internet and e-commerce. The main goal is to assess the adequacy of the existing law and to provide ... Read more
Adjudication of child relocation disputes in South Africa

Author: Marumoagae, Motseotsile Clement Date: 2021 This thesis discusses the adjudication of child relocation disputes (CRDs) in South Africa. The central thesis is that judges require adequate legislative guidance when exercising their discretion in CRDs. At present, judges adopt widely ... Read more
The administration of criminal justice at the Cape of Good Hope, 1795-1828

Author: Fine, Hilton Date: 1991 The administration of justice at the Cape cannot be seen separately from the substantive law which was applied during the period 1795 to 1828. Therefore, in order to actualise the administrative of criminal justice during this period, the ... Read more
Agriculture, modern biotechnology and the law: An examination of the property paradigm in the context of plant genetic resources

Author: Collier, Debbie Date: 2010 Commercial interest and technological advancements (such as modern biotechnology) in plant research have led to the affirmation of sovereign and proprietary rights over plant genetic resources (PGRs). The result is an increasingly complex ... Read more
An analysis and critique of secured lending in South African law, including cession in securitatem debiti as a means to secure the repayment of loans for consumption

Author: Kariem, Adnaan Date: 2022 The thesis critiques South African secured lending laws by examining the contractual basis on which money is loaned and its repayment is secured, focusing on syndicated loans. The loan of money constitutes a loan for consumption in terms ... Read more
An analysis of the regulatory environment governing electronic evidence in South Africa: suggestions for reform

Author: Swales, Lee Date: 2019 Technology has developed rapidly over the last three decades. Information is regularly transmitted and stored electronically – and only electronically. The use of mobile phones, email, social media, and various electronic messaging services ... Read more
An outline and critical assessment of the role of planning laws in the regulatory framework of climate change adaptation in South Africa and Nigeria

Author: Afinowi, Olubunmi Ayodele Date: 2018 Climate change affects the natural and built environment, including all forms of development. The risks of climate change include severe alterations to the normal functioning of communities, including adverse effects on humans, infrastructure, ... Read more
An analysis of the methods used in the South African domestic legislation and in double taxation treaties entered into by South Africa for the elimination of international double taxation

Author: Gutuza, Tracy Date: 2013 This thesis adds to the body of literature exploring the policy principles of equity and neutrality, as applied in the context of methods relieving international double taxation and in the context of a recently opened and developing economy. Read more
An analysis of the regulatory principles of functional equivalence and technology neutrality in the context of electronic signatures in the formation of electronic transactions in Lesotho and the SADC region

Author: Kulehile, Matsepo Regina Date: 2018 Despite the steady growth of electronic commerce (e-commerce), Lesotho and SADC users are uncertain of how to securely sign e-communications practicably. This results in users' lack of confidence in the use of e-commerce. SADC and Lesotho ... Read more
The application and reconstruction of international law by domestic courts : an analytical framework for the judicial mediation of a cosmopolitan and emancipatory international law

Author: Lewis, Lizani Date: 2013 The end-goal of this study is to promote a bottom up reconstruction of international law. This implies, first, that reconstruction is necessary, and, second, that such reconstruction has substantive merit. As humanity heads into the future ... Read more
Application of the international prohibition on child labour in an African context : Lesotho, Zimbabwe and South Africa

Author: Nhenga, Tendai Charity Date: 2008 The international community's overwhelming support for the United Nations Convention on the Rights of the Child of 1990 and the International Labour Organisation's Convention concerning the Prohibition and Immediate Action for the Elimination ... Read more
Aspects of multi-party unjustified enrichment in South African law : a comparison with German law

Author: Maxwell, Catherine J Date: 2006 In this thesis, aspects of the South African law of multi-party enrichment are compared with the equivalent rules of German law. Against the background of a general comparison of the German and South African law of unjustified enrichment, the ... Read more
Asymmetrical power relations: a legal analysis of the European Union and Economic Community of West African States Economic Partnership Agreement

Author: Agbo-Ejeh, Christiana I Date: 2022 Preparatory to the Economic Partnership Agreements (EPAs) negotiation, the former European Union Trade Commissioner, Peter Mandelson, declares that African countries have the right to benefit from their own comparative advantage. He further ... Read more

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