Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 76 for “"Constitution of the Republic of South Africa"”.
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An assessment of public participation in KwaZulu-Natal legislature in compliance with the constitution of the Republic of South Africa, 1996.
Since the inception of democracy in South Africa, public participation has become an essential element of democracy. This concept of public participation has become crucial in strengthening democracy as well as in trying to maintain a balance between representative and participatory democracy. The …
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An Analysis on the Impact of Service Delivery on Humam Rights: A Case of Vhembe District Municipality
The Constitution of the Republic of South Africa, 1996, provides that failure to provide services is a violation of human rights. In addition, Section 22 of the Constitution of the Republic of South Africa, 1996, forbids discrimination and guarantees freedom of trade, activity, and …
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Section 1 of the Civil Union Act 17 of 2006: Does the blanket ban on minors from entering into a civil union underpin “the best interests of the child” principle in terms of the Constitution of the Republic of South Africa
The purpose of the study was to firstly determine whether the categorical ban of minors from entering into a civil union undermines the “the best interests of the child” principle, and if so, whether section 1 of the Civil Union Act unjustifiably violates the Constitution. The study furthermore …
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Analysis of Local Economic Development Initiatives towards poverty mitigation within Big 5 Hlabisa local municipality: perspective of youth and municipal official
The Constitution of the Republic of South Africa (1996) were considered in advancing the LED initiatives. The national order set an obligation on the local government circle to promote economic movement from a grassroots level and expand formative economic activities. The LED initiatives were …
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Do the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 infringe the substantive requirements of section 25(1) of the Constitution of the Republic of South Africa Act 108 of 1996?
In this dissertation, the issue that is considered is whether or not the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 ('the Act') constitute an arbitrary deprivation of a minority shareholder's property because they permit …
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Informal constitutional change: towards a South African theory of unconstitutional constitutional change
The Constitution of the Republic of South Africa, 1996 has changed more times than it has been amended. In this dissertation, I explore the phenomenon of informal constitutional change. In particular: I focus on how courts are able to change the content, scope and meaning of a constitution without …
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Difficulties experienced by grade 6 isiXhosa-speaking learners in learning science through the medium of English: A case study at a primary school in the Western Cape
This thesis examined the difficulties experienced by Grade 6 isiXhosa-speaking learners in learning Natural Science through English as the medium of instruction at a primary school in the Western Cape. In 1994, South Africa became a democratic country where people were given the right to choose the …
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Interpretation of fiscal statutes by the courts: a South African tax law perspective
This study examines the way in which the South African judiciary approaches the interpretation of fiscal legislation. It refers back to the use of the literal/textual approach (traditional approach), its shortcomings and the modification of such approach if it leads to absurdity. It also explores …
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The constitutionality of sections 88 and 90 of the Customs and Excise Act 91 of 1964
… to determine to what extent sections 88 and 90 of the Customs and Excise Act 91 of 1964 comply with the constitutional right to just administrative action, read with the provisions of the Promotion of Administrative Justice Act 3 of 2000. As international trade increases, it is increasingly …
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The Impact of Accountability Mechanisms in Enhancing Municipal Water Service Delivery: A Case of Bushbuckridge Local Municipality, Mpumalanga Province
The study is investigated the impact of accountability mechanisms in enhancing municipal water service delivery at Bushbuckridge Local Municipality in Mpumalanga province. The issue of accountability and the supply of water services has been a major concern for more than two decades in the …
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An unfair trial with special reference to improper splitting of charges
In this work the candidate discusses improper splitting of charges which is a problem in our criminal courts. The candidate starts by defining improper splitting of charges and then discusses its origin and guidelines which are followed by our courts in determining whether or not a charge has been …
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A review of knowledge as an integral prerequisite of informed and legal consent
This study explores the doctrine of informed consent and its application in South African medical law. The advent of the Constitution of the Republic of South Africa, 1996, introduced democracy and human rights, specifically the rights to human dignity, privacy, and freedom and security of the …
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Assessing the role of traditional leaders and ward councilors in promoting community development in Umlalazi municipality
The South Africa government and various interested parties have extensively debated the relevance and place of traditional leadership in our democracy. The core of the debate is the notion of incompatibility of this institution with democracy and human rights. The 1996 Constitution of the Republic …
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Reforming the approach to mediation legislation in South Africa: a comparative analysis
The Constitution of the Republic of South Africa, 1996, is the cornerstone of the country's legal framework, establishing fundamental human rights, including the right to access to justice. Section 34 of the Constitution unequivocally states that every individual has the right to a fair and public …
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The protection of minority shareholders in South Africa: a reflection on the derivative action, appraisal rights and oppression remedy
This thesis will be conducted by reviewing South African literature that is published in various primary and secondary sources. The research will refer to key South African statutes namely, the South African Companies Act, the Constitution of the Republic of South Africa, 1996 (hereafter referred …
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Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework
Under Apartheid children with disabilities were systematically excluded from the education system. With the dawn of democracy, the Constitution of the Republic of South Africa guaranteed the right to basic education for everyone. The Preamble of the South African Schools Act went further by …
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Accessibility Barriers in Health Facilities of the South African Public Sector
The study seeks to propose a framework that may assist government to improve accessibility of health facilities in South African public sector. The public sector requires health care facilities that are readily accessible to serve every citizen. For instance, people in rural areas and urban areas, …
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The possibilities of institutional dialogue in South Africa through weak form judicial review
The 1996 Constitution of the Republic of South Africa is the supreme law of the Republic and in enjoying this status it is prescribing the composition of the three different arms of government as well as each branch’s status within the new constitutional dispensation. Prior to this era of …
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Investigation on the implementation of Batho Pele principles on service delivery: A case study at Thulamela Local Municipality
Notwithstanding the government's commitment to improving the basic service delivery to the citizens in this regime, the South African municipalities are still faced with serious challenges toward better service delivery. This study however focused on the investigation of the Batho Pele principles …
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Debt crisis in the local governments of South Africa: a policy and legal analysis.
This thesis critically examines the policy and legal framework governing the escalating debt crisis in South Africa’s local governments, with a particular focus on identifying legally sustainable and institutionally effective mechanisms to address municipal indebtedness and restore sound financial …
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