This dissertation analyses whether the rights of indigenous people are being recognised, respected and upheld when the state awards prospecting and mining rights on land owned and lawfully occupied by indigenous people in South Africa. This analysis is based on the fact that most prospecting and mining rights in South Africa are awarded on or around communal lands where rural communities and, in some instances, indigenous people reside. Through the Constitution, the NEMA, the MPRDA and other environmental sector-specific legislation examples, it is established that the state tends to prioritise economic development that alienates indigenous peoples' right to live in a healthy and safe environment as a result of the on-going mining operations. A sustainable approach which appreciates the balance between economic, social and environmental sustainability is proposed as a means and step towards realisation of South Africa's mineral wealth, the right of communities to live in a healthy environment and community, as well as prior consultation when prospecting and mining rights are awarded on communal lands. The approach of the Bengwenyama-ye-Maswati Constitutional Court decision pertaining to the rights of local communities and indigenous people when mining takes place in South Africa is adopted to link the three sustainability pillars to the realisation of the rights of these local communities. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

This dissertation analyses whether the rights of indigenous people are being recognised, respected and upheld when the state awards prospecting and mining rights on land owned and lawfully occupied by indigenous people in South Africa. This analysis is based on the fact that most prospecting and mining rights in South Africa are awarded on or around communal lands where rural communities and, in some instances, indigenous people reside. Through the Constitution, the NEMA, the MPRDA and other environmental sector-specific legislation examples, it is established that the state tends to prioritise economic development that alienates indigenous peoples' right to live in a healthy and safe environment as a result of the on-going mining operations. A sustainable approach which appreciates the balance between economic, social and environmental sustainability is proposed as a means and step towards realisation of South Africa's mineral wealth, the right of communities to live in a healthy environment and community, as well as prior consultation when prospecting and mining rights are awarded on communal lands. The approach of the Bengwenyama-ye-Maswati Constitutional Court decision pertaining to the rights of local communities and indigenous people when mining takes place in South Africa is adopted to link the three sustainability pillars to the realisation of the rights of these local communities. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

South Africa entered a new era on 1 May 2004 with the commencement of the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter the MPRDA). Section 3 states that the mineral and petroleum resources are the common heritage of all South Africans. Due to the fact that a new era of mineral rights has been introduced, it is necessary to investigate the effect of the new Act on the process of estate planning. This study is focused to determine which of the rights found in the MPRDA can be classified as assets in an estate, and which of these rights should be discounted for in the process of estate planning that is focused on the inheritance of assets. The study firstly deals with the mineral rights as property in terms of section 25 of the Constitution. After a brief synopsis has been given of the old order mineral rights, the focus falls on the nature and transferability of the new order mineral rights and the implications that the said rights have on the process of estate planning. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.

South Africa entered a new era on 1 May 2004 with the commencement of the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter the MPRDA). Section 3 states that the mineral and petroleum resources are the common heritage of all South Africans. Due to the fact that a new era of mineral rights has been introduced, it is necessary to investigate the effect of the new Act on the process of estate planning. This study is focused to determine which of the rights found in the MPRDA can be classified as assets in an estate, and which of these rights should be discounted for in the process of estate planning that is focused on the inheritance of assets. The study firstly deals with the mineral rights as property in terms of section 25 of the Constitution. After a brief synopsis has been given of the old order mineral rights, the focus falls on the nature and transferability of the new order mineral rights and the implications that the said rights have on the process of estate planning. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.

This thesis explores the constitutional right to receive basic education in the language of choice. This fundamental human right imposes a duty on the state to provide children with education in the language of their choice whenever reasonably practicable. It is not a matter of whether the state has to fulfil section 29(2) of the Constitution, but rather how to give effect to this provision. The right to receive basic education in the language of your choice is however, qualified by the specific internal limitation that provides that the right is subject to the condition that provision of education in the preferred language has to be reasonably practicable. Section 36, the limitation clause, is also a measure that can be used to limit this right. The aim of this paper is to contextually interpret the fundamental right to receive education in the language of one’s choice and to weigh up the intent of the provision to the provision’s actual result. All relevant factors will be taken into consideration to examine the possibility of limiting the right to receive instruction in the language of choice to comply with the purpose of education and the best interests of the child. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2010.

This thesis explores the constitutional right to receive basic education in the language of choice. This fundamental human right imposes a duty on the state to provide children with education in the language of their choice whenever reasonably practicable. It is not a matter of whether the state has to fulfil section 29(2) of the Constitution, but rather how to give effect to this provision. The right to receive basic education in the language of your choice is however, qualified by the specific internal limitation that provides that the right is subject to the condition that provision of education in the preferred language has to be reasonably practicable. Section 36, the limitation clause, is also a measure that can be used to limit this right. The aim of this paper is to contextually interpret the fundamental right to receive education in the language of one’s choice and to weigh up the intent of the provision to the provision’s actual result. All relevant factors will be taken into consideration to examine the possibility of limiting the right to receive instruction in the language of choice to comply with the purpose of education and the best interests of the child. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2010.

'n Onafhanklike, ondersoekende en verantwoordelike media word beskou as een van die belangrikste rolspelers waarvan die behoud van die demokrasie in Suid- Afrika afhanklik is. Die regte en vryhede van die media geniet grondwetlike erkenning en beskerming. As fundamentele regte en onontbeerlike komponente van mediavryheid, waarborg die Grondwet van die Republiek van Suid-Afrika, 1996 aan elkeen die reg op vryheid van uitdrukking (artikel 16) en die reg op toegang tot inligting (artikel 32). Die grondwetlike beskerming van mediavryheid bemagtig die media om (i) openbare aangeleenthede in belang van die publiek aan te spreek, (ii) die staat tot deursigtigheid, openheid en verantwoording op te roep en (iii) as teenwig teen magsmisbruik en wanpraktyke aan regeringskant op te tree. Die reg op mediavryheid is egter nie absoluut afdwingbaar nie en kan gevolglik in die toepassing daarvan beperk word. Die staat beskik oor die gesag om dié reg aan beperkings onderhewig te stel ten einde ander individuele fundamentele regte te beskerm of belangrike openbare belange te dien. Sodanige staatsoptrede is egter slegs moontlik indien dit, weens die oppergesag van die Grondwet (artikel 2), in ooreenstemming met die grondwetlike bepalings geskied. Desnieteenstaande word die media, ondanks die belangrike rol wat hulle ter behoud van die demokrasie in Suid-Afrika vervul en die grondwetlike erkenning en beskerming wat aan mediavryheid verleen word, voortdurend onder groot druk geplaas. Die meeste druk kom van die staat se kant. Die aanname en beoogde implementering van die Protection of State Information Bill, 2010 dien as mees resente voorbeeld hiervan. Staats- en administratiefregtelike beperkings op mediavryheid sal, indien die Wetsontwerp gepromulgeer word, aan die orde van die dag wees. Aangesien die voorgenome beperkings op grond van hulle potensiële ongrondwetlikheid wyd gekritiseer word, is dit die vernaamste doel van hierdie studie om die grondwetlike grense waarbinne die staat mediavryheid mag beperk, te omlyn en ondersoek in te stel na die trefwydte en grondwetlikheid van die staat se gesag om beperkings op mediavryheid te plaas. Deur die omvang van staatsgesag in die algemeen en in besonder rakende die beperking van mediavryheid, aan die hand van die relevante grondwetlike voorskrifte te ondersoek, is bevind dat alle staatsoptrede streng deur die Grondwet gereguleer word. Alhoewel die reg op mediavryheid vatbaar is vir regulering en beperking, is tot die slotsom gekom dat die Grondwet ingevolge artikels 33 en 36 duidelike grense vir die beperking daarvan deur die staat stel. Alle uitvoerende en administratiewe staatsorgane wat kragtens wetgewing en uit hoofde van die diskresionêre bevoegdhede wat aan hulle verleen word, die reg op mediavryheid beperk, moet aan die vereistes vir regverdige administratiewe optrede voldoen. Bygevolg moet alle administratiewe besluite en handelinge wat die reg op mediavryheid beperk, regmatig, redelik en prosedureel billik wees en met die verskaffing van voldoende skriftelike redes gepaard gaan. Sowel staatsregtelike as administratiefregtelike beperkings op mediavryheid moet voldoen aan die vereistes wat die algemene beperkingsklousule vir die grondwetlike beperking van fundamentele regte stel. Enige beperking van die reg op mediavryheid moet dus kragtens 'n algemeen geldende regsvoorskrif geskied en moet, met in agneming van die artikel 36-sleutelfaktore, as redelik en regverdigbaar binne 'n oop en demokratiese samelewing gebaseer op menswaardigheid, gelykheid en vryheid plaasvind. Enige staats- en administratiefregtelike beperkings op mediavryheid wat nie aan hierdie grondwetlike vereistes voldoen nie, is gevolglik ongrondwetlik. Nadat die bepalings ter beperking van mediavryheid deur die Protection of State Information Bill, 2010 krities ontleed is, is bevind dat dit nie daarin sal slaag om die grondwetlike toets te slaag nie. / LLM, North-West University, Potchefstroom Campus, 2015

Section 28(1)(d) of the Constitution guarantees a child the right to be protected against abuse. When a child’s constitutional rights are violated by an offender by means of sexual abuse and degradation, the state has a legal responsibility to restore that right. In determining whether the state is adhering to its legal responsibility to socially reintegrate sexually abused children, the Constitution, the VEP, the Victims’ Charter, the UPVM, legislation and one-stop centres were explored. It was found that none of these programs, charters and documents places an obligation on the state. Section 39(1)(b) of the Constitution states that the court must consider international law when interpreting the Bill of Rights. The CRC, ACRWC, United Nations Declaration of Basic Principles were studied. It was found that although South Africa is a signatory to everyone, it does not adhere to the principles stated in the respected document. Section 39(1)(c) of the Constitution states that the court may consider foreign law when interpreting the Bill of Rights. The dissertation does not consist of a comparative study. Each of Canada, Australia and New Zealand’s legislation was studied relating to compensation schemes in order to determine what lessons can be drawn from the three countries. It was found that each country has a unique compensation scheme. Although South Africa can learn from the way in which these schemes are administered and funded, the schemes of the three countries are not beyond critique. South Africa can therefore also take note of the negative aspects of the compensation schemes of the three countries so as to improve on it. It was found that through a literature study the state does not adhere to its legal responsibility to socially reintegrate sexually abused children. It is recommended that the state should consider implementing a state-funded compensation scheme to assist the children that have fallen victim to sexual abuse and degradation. / LLM, North-West University, Potchefstroom Campus, 2014