OpenUCT :: Browsing by Department "Department of Public Law"

Browsing by Department "Department of Public Law"

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Open Access
A 'harvest' in Malawi: the position of albinism in Refugee Law
(University of Cape Town, 2020) Bota, Jenala; Lutchman, Salona
The albinism community in Malawi has been faced with gruesome human rights violations for the past decade. These violations have included, assaults, kidnapping, mutilations, and murder. The cause of such violations is that the community of Malawi has for so long embraced the superstitious belief that the body parts of people with albinism are an essential charm for good luck. As a result of this, the albino community faces extinction because of the small population. The definition of a refugee under the 1951 Refugee Convention on the other hand, only provides for five grounds of persecution which includes race, religion, nationality, political opinion and membership of a particular social group. The dissertation seeks to unravel whether the international law grants refugee status to people with albinism. In response to the question, the dissertation analyses the definition of a refugee under the 1951 Convention. Persecution and inability of a State to protect victims of human rights violations are important elements to establish a solid case for refugee application. Hence, the dissertation tends to analyse whether the treatment of people with albinism in Malawi amounts to persecution. Besides, whether, they could be granted refugee status in other countries. The dissertation, furthermore, tends to analyse whether there are other mechanisms of the international community that are used to protect people with albinism. The findings in this thesis are that albinism is a ground of persecution because of the treatment that is followed due to their defined characteristics. That due to certain factors that needs to be satisfied to amount to effective national protection; Malawi has failed to protect people with albinism. Therefore, based on those factors, people with albinism could be granted international protection of refugees. Though there are other mechanisms by the international community used to protect people with albinism, there is a need to change the definition of a refugee under the 1951 Convention to accommodate problems arising in the contemporary world.
Open Access
A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations
(2020) Madima, Reshoketswe; Chirwa, Danwood
South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations. The government has sought to protect people's human rights by including them in the country's Constitution. Furthermore, South Africa has engaged with various international human rights bodies to further advocate for good human rights practices. However, the country has encountered some domestic challenges, with inequality and poverty being rife in the country. These challenges have implications for South Africa's economic foreign policy goals. This study explores South Africa's foreign policy with the Chinese government and the Zimbabwean government to explain why the country has chosen countries with poor human rights such as these. The research study will be centred around the period from 2008 to 2017. The offensive realism theory formed the theoretic framework of this research study. The study employed a qualitative research strategy as well as an interpretivist research paradigm. The findings show that when it comes to South Africa's foreign policy agenda, the government's goal is to establish a partnership with another country that will ultimately benefit the economic interests of South Africa, regardless of the country's human rights principles.
Open Access
A century worth celebrating
(2010) Corder, Hugh
It is understandable that no great fuss has been made of the hundredth anniversary of the establishment of South Africa as a nation state within its current borders (through the South Africa Act 9 Edw VII, ch 9). The Act of Union, after all, while it represented a triumph for those arguing for the formal reconciliation of ‘Boer and Brit’, marked much more negatively the exclusion of the majority of the new country’s population from any effective say in the institutions of government. Not only were the proponents of federalism, which might have allowed the less conservative leadership in the Cape Colony to retain a degree of autonomy through which to pursue government based on individual worth, soundly defeated, but the elements of non-racial government preserved in the Cape franchise arrangements (and to a lesser extent, those of Natal) were seen as provisions to be protected as a dying species, rather than as bridgeheads for their expansion more widely within the Union
Open Access
A common maritime regime for the South China Sea
(1994) Sun, Kuan-Ming; Devine, D J
The South China Sea is a semi-enclosed sea in two respects. In terms of the geographical reality, the region is readily separable from the waters surrounding it. Moreover, it falls under the 1982 Law of the Sea Convention, which requires littoral states to cooperate in the maritime sphere. At present, a number of problems beset the region.
Open Access
A critical analysis of the Delay Rule in South African Administrative Law post State Information Technology Agency Soc Limited v Gijima Holdings (PTY) Limited
(2022) Basini-Gxokonyeka, Nosicelo Natasha; Ally, Nurina
The State Information Technology Agency's (SOC) Limited v Gijima Holdings (Pty) Ltd was seminal in establishing that the Promotion of Administrative Justice Act, 2000 is not available to an organ of state wishing to set aside its own decision while acting in its own interest. The case is also significant for the impact it has had on the delay rule. This paper identifies a problem presented by what will be referred to as the Gijima principle. The principle suggests that a court may be required to declare a decision unconstitutional in accordance with section 172(1)(a) of the Constitution even if there is no basis for overlooking the unreasonableness of the delay. This paper considers the impact of the Gijima judgement on the delay rule and the continued relevance of the delay rule in administrative law post- Gijima. It will be argued that there are three major challenges this principle poses to the rule of law namely, it promotes arbitrary and opportunistic self-serving reviews by state officials. Secondly, it indirectly promotes disregard of public procurement laws by making it easy for organs of state to undo their decisions. Lastly, it undermines the finality and certainty of decisions, which have the potential to deter prospective suppliers from contracting with the state. This paper critically assesses trends emerging from lower courts in response to the Gijima principle and provides recommendations as to how some of the issues raised by the judgment's approach may be rectified. Overall, I argue that the Gijima principle effectively eradicates the delay rule and that there is a need for continued relevance of the rule in administrative law. The Constitutional Court needs to strike a balance between preserving the delay rule on the one hand and exercising its prerogative to develop the common law on the other.
Open Access
A critical examination of the humanitarian visa as a complementary pathway in ameliorating the plight of “climate displaced persons” in Eastern Africa.
(2025) Kanyangi, Leah Aoko; Khan, Fatima
Eastern Africa has grappled with increasing numbers of displaced persons in the past 20 years because of flooding, tropical storms, landslides, and prolonged seasons of drought. Although there is widespread recognition of the impact of climate change on populations in this region, persons displaced across borders due to climate-related disasters still face challenges in finding protection. This is the case because of their unclear legal status under regional and international law as a unique category of refugees, with scholars arguing over their legitimacy in the international humanitarian landscape. In Eastern Africa, regional economic blocs such as the Intergovernmental Authority for Development (IGAD) have recognised the need to safeguard persons fleeing due to climate change-related disasters. This has been attempted using soft law regional policy frameworks to fill the legal vacuum in recognising human mobility because of climate change disasters. Within this afrocentric context, this thesis adopts a systematic qualitative research methodology, utilizing document analysis, policy review, and case studies to explore complementary pathways for climate-displaced persons in Eastern Africa. The study conducts an in-depth examination of key international and regional frameworks, including UN reports, the Global Compacts on Refugees and Migration, UNHCR's Climate Action Reports, and the IPCC Assessment Reports. It assesses regional instruments and policies relevant to climate-induced displacement to provide a comprehensive understanding of existing legal and policy gaps. Through a critical review of these documents and case studies, the research evaluates the effectiveness of current protection mechanisms, if any and identifies potential solutions to enhance the legal status and rights of climate-displaced individuals. In particular, the thesis proposes humanitarian visas as a practical complementary pathway and legally sound approach to addressing protection gaps, offering a structured pathway for displaced persons facing climate-related threats.
Open Access
A critical re-appraisal of vernacularisation in the emergence and conceptualisation of community bylaws on child marriage and other harmful practices in rural Malawi
(University of Cape Town, 2020) Kachika, Tinyade; Chirwa Danwood; Smythe, Dee
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 other harmful practices affecting women in rural Malawi? 'Community bylaws' is a label for Chief-led community 'rules' aimed at combating harmful practices, which mostly affect women and girls. This thesis contributes to the theoretical discourse on norm diffusion by critically assessing and appraising the way in which scholars have conceptualised how international human rights norms are internalised, and, particularly, how vernacularisation operates, through a case study of the community bylaws. Drawing from qualitative empirical data following a study conducted in four districts covering the three regions of Malawi, the study focused on the territories of four Senior Chiefs. Data was gathered through semi-structured interviews with Senior Chiefs and government officials, NGOs, and donors; and through focus group discussions with Group Village Heads, Village Heads, groups that formulated or monitor the implementation of community bylaws, and women living under these bylaws. The thesis shows that while scholars have sought to explain how international human rights norms are appropriated in local communities using the concept of vernacularisation, existing conceptualisations do not adequately represent what is happening with the community bylaws phenomenon. Vernacularisation is a unicameral concept that sees human rights ideas and programmes as being purposefully introduced in local communities by epistemic outsiders. Based on empirical data, this thesis argues that the concept of 'horizontal vernacularisation' better describes the processes occurring in respect of community bylaws in Malawi. This concept has regard to vernacularisation as a bicameral act, whereby the local can also trigger vernacularisation, whether knowingly or not. Thus, horizontal vernacularisation acknowledges that human rights appropriation and translation through community bylaws unfolds within a predominantly local-local dialogue, and is not usually structured, since the bylaws sprout in a continuum of intuitive, interlocking, convoluted, and iterative processes. As such, this thesis contributes to a deeper understanding of community bylaws in rural and cultural settings, and their role in reconceptualising the internalisation of international human rights norms for protecting women and girls from harmful practices.
Open Access
A critical reflection on the judgement of the federal constitutional court of Germany on the European central bank's public sector purchase programme: ultra vires review and the primacy of European Law
(2022) Rademann, Philipp; Ally, Nurina
The financial politics of the European Union (EU) have been highly debated ever since the 2008 crisis, which left some European countries in financial turmoil. One part of the European financial policy has been the purchase of government bonds through the European Central Bank. The most vocal critics of this policy have for a long time emerged from Europe's biggest economy – Germany. A case against the purchase of government bonds was eventually brought to the Federal Constitutional Court of Germany (FCC). The FCC referred the matter to the European Court of Justice, which in 2018 upheld the practice and found it legal. In May of 2020 the FCC went against the European Court of Justice and pronounced the practice of purchasing government bonds as well as the decision upholding it to be ultra vires. Although there have been other domestic courts within the EU that have overruled EU law, last years's verdict was unique in its blatant defiance of the European institutions and the primacy of EU Law. This paper analyses the two judgements with a focus on the issues of the ultra vires review as well as the primacy of EU law. By scrutinising the FCC's case law on the issue, the author argues that the FCC's judgement is inconsistent with its own jurisprudence, and the case substantially unsuited and unwisely chosen for rendering the ultra vires verdict for the first time. Moreover, the judgement completely disregards the primacy of EU law, which not only questions the equality of EU Members but ultimately jeopardises one of the most crucial principles of the Union.
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A different way of saying: On stories, text, a critical legal argument for contractual justice and the ethical element of contract in South Africa
(2005) Barnard, A J
This article takes a critical approach to South African contract law. Employing the post-modern concept of narrative truth it is argued that one can extract from the South African Law Commission's texts on Unreasonable Stipulations in Contracts (at least) four stories about the South African law of contract. These stories are those of certainty, resistance, equity and the story of the text. The story of the text (i.e., a fully legislated and delineated equity jurisdiction in contract law) was the one recommended to Parliament by the Law Commission. Parliament has however indefinitely suspended the reformative narrative since the Commission's Report was tabled. The author argues that the courts have failed to take issue with the suspension of the (reformative) narrative. Contract law still tells the story of certainty and predictability In (a tentative) conclusion it is argued that, although the stories generated by the Law Commission's investigation are organised along inescapable dualities, the (political) focus in global contract law has moved to an emphasis on the ethical element of contract. The article concludes with the writer's story, which argues (with reference to the work of Drucilla Cornell and Karin van Marle) for an ethical approach to contract which supports the concepts of communicative freedom and Cornell's exposition of the relationship between Kantian freedom and dignity. The writer's story concludes that the emphasis on the ethical element of contract enjoins contracting communities to engage in deliberative (story-telling) practices which cannot await the story of the law. Finally, issue is briefly taken with the reasons why this is a critical legal argument.
Open Access
A look at victim experiences of cybercrime in South Africa and whether the current legislative framework is equipped to deal with this issue
(2024) Smit, Savannah Tuscany; Moult, Kelley
Cybercrime has become extremely prevalent in society. It is an indiscriminate form of crime that permeates all levels of society. This is especially true after the COVID-19 pandemic which resulted in individuals becoming increasingly reliant on technology for everyday tasks such as working, shopping and connecting with their loved ones. Cybercriminals have taken advantage of the increased use and reliance on technology and have targeted individuals via various online platforms. Based on data collected through an anonymous online survey, this research examines victims' experiences of cybercrime and the response to this crime, including whether participants were aware of the legal remedies available to them and how to report that they had been a victim of cybercrime. The data shows that victims are reluctant to approach the authorities to report cybercrime as they are uncertain who to report to. Those that experienced financial crime approached their bank but others, who experienced other forms of cybercrime, were afraid that they would not be taken seriously by the authorities. Furthermore, it became evident that participants were not aware that South Africa has legislation, namely the Cybercrimes Act 19 of 2020, in place to provide for the prosecution of cybercrime. Where participants were aware of the legislation, it was predominantly as a result of being informed about it at their educational institutions. The study concludes that cybervictims have a lack of confidence in the authorities ability to deal with cybercrimes and do not feel the current legislative framework in place in South Africa is sufficient to address the issue of cybercrime.
Open Access
A new beginning: a case for establishing a sexual and gender-based violence truth commission in South Africa
(2025) Wild, Stephanie; De Vos, Pierre
Globally, civil society and the media have drawn increasing attention to alarmingly high sexual and gender-based violence (SGBV) and femicide rates. This is particularly true for South Africa, having hosted two presidential summits on the topic, having produced a national action plan (NAP) detailing intervention and prevention strategies, as well as having nationwide protests against SGBV and femicide between 2018 and 2019. This thesis hopes to contribute to existing literature regarding potential intervention and response strategies to minimise SGBV and femicide, particularly in South Africa. More specifically, this thesis seeks to determine whether the novel approach of a SGBV truth commission (TC) would be an effective method to respond to and minimise the widespread femicide and SGBV violations in South Africa. This research project is a desktop thesis, drawing on existing literature in the transitional justice (TJ), gendered transitional justice (GTJ), and radical feminism fields to determine if a TJ strategy would be appropriate in the context of an established democracy and in the context of SGBV and femicide, whether a TC in particular would be the most effective TJ strategy over a reparations programme, institutional reforms, and a SGBV tribunal, as well as whether a TC would be effective, justified, and/or necessary after the Truth and Reconciliation Commission (TRC). Ultimately, this thesis suggests that a SGBV TC, if adopting an intersectional-gendered framework and if working with the National Prosecuting Authority (NPA) to pursue criminal prosecutions, would be an effective intervention strategy to both pursue justice for SGBV and femicide victims, as well as to address the root cause, patriarchy. Ultimately, this thesis concludes that a SGBV TC could pursue restorative justice goals for victims and alleviate pressure on investigative authorities through evidence collection; promote more inclusive shared narratives on SGBV to counterbalance prolific ‘rape myths'; encourage positive changes in patriarchal attitudes/beliefs within broader society and the criminal justice system; guide the implementation of well-crafted reparations and institutional reforms. This implies that TJ strategies could be implemented not only in post-war/authoritarianism contexts, but also in countries battling pervasive SGBV and femicide levels by beginning to dismantle patriarchy.
Open Access
A new sphere of vigilantism in South Africa in the age of social media? Operation Wanya Tsotsi- an analysis of prospects for collaboration with the Police
(2021) Kral, Svenja Julie; Phelps, Kelly
There are many studies in South Africa that have analysed the definition of vigilantism with a focus on the historical background of the apartheid era. However, research in the field of vigilantism in South Africa has been lacking since the advent of the internet, even though social media has spawned a new form of vigilantism – online shaming. Considering that online public shaming has become prevalent both globally and locally, the focus of this dissertation is the public exposure of people alleged to have committed crimes. The paper shows that small changes to the method of public shaming could enable collaboration with the police. To illustrate this argument the example of Operation Wanya Tsotsi, an online vigilante group, is used. By examining their Facebook page in light of current criminal law remedies, this paper establishes the extent to which their method is problematic and illegal. In addition, it gives an example of what successful collaboration with the police could look like and underlines the advantages and disadvantages of such collaboration. Ultimately, it concludes that Operation Wanya Tsotsi should focus on legal online work to support the police in the fight against crime.
Open Access
A pot of gold at the end of the rainbow: Subsistence cannabis cultivation in the changing legislative context in South Africa
(2021) Fortune, Kelly; Howell, Simon; Hübschle, Annette
Cannabis cultivation is documented as a long-standing practice in Africa and Southern Africa specifically (Paterson 2009, Crampton 2015, Duvall 2019, Khan 2015, United Nations Office on Drugs and Crime 2019). The growing of cannabis is concentrated in three African regions; Pondoland in South Africa, the Mokhotlong district in Lesotho and the Hhohho district in Swaziland, with the majority of farmers growing the crop for subsistence (Crampton 2015:57). Cannabis thus holds significant value in supplementing incomes and sustaining livelihoods, especially of cultivators. Considering their geographic and economic positions, the contribution of cannabis to the livelihoods of those who live in the poorest parts of the country is great, yet has been largely ignored (Kepe 2003:605) despite the changing legislative context of cannabis law in South Africa. Moreover, as changes to the legislative framework emerge and the cannabis legalisation debate deepens, one is challenged in locating the voices of the rural farmers who have cultivated cannabis for generations. As an important source of information, they appear to be left out. What are their views? Are they for or against legalisation and why? What are the perceived impacts of legalisation on their continued production of cannabis? In an attempt to garner and understand their views, needs and concerns, this thesis aims to showcase these, and further open up a small window of opportunity to relay the voices of the seemingly voiceless. It emphasises that, without their voices, a nuanced legalisation debate and support for a holistic, progressive, informed, sustainable legislative framework will be tainted.
Open Access
A Priority Crime that is not a Priority? The Illegal Cigarette Trade: A Case Study of Mowbray
(2019) McLaggan, Michael Taylor; Moult, Kelley
Objective: To determine how prevalent the illegal trade in cigarettes is in Mowbray, whether buyers thereof are aware of the illegal nature of their purchases, and whether they would transition to buying legal products if they became aware of the illegal nature of their purchases. Methods: Observations of stores throughout Mowbray were used to determine which stores sold illegal cigarettes, using price of packs of cigarettes as a determinant for illegality. Surveys were conducted using smokers in Mowbray as subjects in order to understand preferences of these subjects in terms of which products they bought and at which type of store they bought from. An interview was conducted with a Brigadier of the Directorate for Priority Crimes in order to understand how illegal cigarettes are policed in the country. Results: The research shows that cigarettes in Mowbray are very accessible and popular amongst consumers. It further demonstrates that most consumers of illegal products are aware of the illegal nature of their purchases and would not transition to legal products if it meant paying higher prices. Conclusions: The prevalence of illegal cigarettes is a result of the failure of state institutions to adequately address the issue. The popularity amongst consumers stems from the high availability of illegal cigarettes and the low prices thereof. Responses of state institutions tasked with addressing the illegal trade are essential in order to combat the trade.
Open Access
A reappraisal of the roles and relationships of neighbourhood watches: an investigation of selected neighbourhood watches in the Athlone and Annenberg areas in Cape Town
(2024) Davis, Brandon; Kinnes, Irvin; Mguzulwa, Sisanda
The Neighbourhood Watch (NW) is a pervasive phenomenon that has gained footholds in many countries around the world. South Africa is no exception and, in the case of Cape Town in the Western Cape Province, they have proven to be a popular choice among the members of civil society as a method of dealing with crime. In the Cape Flats region of Cape Town, conventional state policing agencies (namely SAPS) have failed to deal with the high rates of crime – one of the reasons for the popularity of NWs. Civil policing structures are by no means a new phenomenon in South Africa, and the concept of the NW has been in existence for decades, yet not much academic research has focused on their evolution over the years – particularly those that exist in the Cape Flats region. Using a nodal governance framework, specifically that of nodal policing, this dissertation explores the evolution of their roles, and the relationships or networks they formed (or lack thereof) over time in the battle to reduce crime and to create safe and secure communities. Indeed, numerous studies have been conducted on policing in South Africa for many decades, and some have focused on non-state policing structures in the country. In doing so, they have briefly discussed NWs, however there are few comprehensive studies that have focused solely on the NW and discussed how they have evolved over time. This study addresses that particular gap in the literature. A qualitative study was conducted and members of three different NWs on the Cape Flats located in different areas (two from the Athlone precinct and one from the Manenberg precinct) were interviewed in three separate focus group interviews. The NWs selected for this study were the Bridgetown and Silvertown NWs (Athlone precinct) and the Surrey Estate NW (Manenberg precinct). Importantly, a precinct is a defined district or region of a city which consists of multiple areas (South African National Treasury, 2014:np).
Open Access
A socio-legal approach to the abandonment of infants in Cape Town.
(2025) Luther, Susanna; Moult, Kelley
This dissertation considers the impact of the law in its current form on service providers for abandoned infants in Cape Town. It looks at what works, what does not, and possible solutions. The topic is examined through qualitative empirical research in Cape Town with social workers who work with abandoned infants. A thematic content analysis of the data collected from six interviews shows that the system is failing infants abandoned in Cape Town. The social workers suggested that possible solutions include safe haven laws, baby savers, education, and publicity.
Open Access
A Third Gender in South Africa: Does the legal non-recognition of a third gender violate non-binary transgender person's Constitutional rights to dignity and equality?
(2020) Sloth-Nielsen, Rachel; de Vos, Pierre
This dissertation will attempt to answer question whether, in terms of the right to dignity in s10 and the prohibition of unfair discrimination in s9 of the South African Constitution, the State must recognise in law a third gender for transgender individuals who do not identify as either male or female. It does so, first, by asking whether the failure by the state to provide for the legal recognition of a third gender violates transgender person's right to dignity. Second, the enquiry proceeds to discuss whether s9(3) of the Constitution (which prohibits unfair discrimination on any ground, including on the listed grounds of sex, gender and sexual orientation) requires the state to recognise a third gender. After discussing the lived experiences of transgender persons in South Africa, the thesis reviews the terminology and concepts relevant to this area of study, in order to lay the foundation for the subsequent examination of relevant case law, the Constitutional Court's approach to dignity, and the analysis of the application of s(9)(3). I submit that transgender persons fall within the Constitutional Court's definition of a vulnerable group in that they have suffered past patterns of disadvantage, they constitute a minority in South Africa and are subject to stereotyping and bias. Despite the Constitutional Courts erroneous pronouncement that transsexualism falls under the umbrella of sexual orientation, it is argued, rather, that since the expression of their gender identity by gender nonconforming persons shares many of the characteristics of the specified grounds listed in s9(3), unfair discrimination can be found on a ground analogous to those grounds listed in the Constitution. The failure to allow for recognition of a third gender is thus under-inclusive. It cannot be justified under the limitations analysis. Further, if objections were to be raised by the state that recognition is not feasible or affordable and is, hence, justified, I conclude that because there are ways to accommodate individuals who do not identify as binary which are not unduly taxing on the State, this argument would fail.
Open Access
About the constitutionality of mandatory minimum sentences
(1995) Oppert, Anna; van Zyl Smit, Dirk
As difficult as the task of reaching a reliable verdict may be, the second half of a criminal court's procedure, that of imposing sentences on those who have been found guilty or who have themselves admitted their guilt raises even more fundamental questions. What are we trying to do, what is the object of this exercise? Traditionally there have been four approaches to the sentencing of an offender which correspond to the four "objects" or "purposes" of sentencing, namely retribution, rehabilitation, deterrence or incapacitation, i.e. the offender should be punished for the crime; the offender should be punished to be given the opportunity to return "onto the right track"; the offender (individual deterrence) or others (general deterrence) should be deterred from committing similar crimes in the future; and, finally, the offender should be incapacitated, i.e. be prevented from repeating crimes.
Open Access
Access to justice and locus standi in Nigeria: Assessing the impact of the common law approach to locus standi on sexual minorities' human rights
(2024) Nkopane, Thandolwethu; Lutchman, Salona
Access to justice is a right guaranteed in all international and regional instruments and domestic constitutions. The full enjoyment, protection, and respect of all fundamental human rights rests on the ability of states to establish effective judicial remedies. The ability of all persons within a state to access these judicial remedies through courts is however limited by procedural rules that do not reflect the modern interpretation of the law. Although access to courts is provided for in several instruments including treaties and state practice, Nigeria has failed to ensure that sexual minorities enjoy their right to access courts. This paper intends to assess the effective implementation of the right to access to courts, particularly for sexual minorities in Nigeria in light of Nigerian courts restrictive approach to locus standi. The research argues that the restrictive interpretation of procedural rules does not facilitate access to justice but violates international human rights. The research draws a clear link between the state obligations under international law to respect, protect and fulfil human rights of sexual minorities and liberally interpreting the law using principles of equality, non-discrimination and effectivity.
Open Access
Access to justice by refugees and asylum seekers in South Africa
(2011) Okpechi, Abiola; Chirwa, Danwood Mzikenge; Burman, S
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 of their rights and to settle disputes or other interests at law. In doing this, the thesis examines the obligations that South Africa owes to refugees and asylum seekers on access to justice, and how it gives effect to those obligations.

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