New regulations have been published under the National Environmental Management: Biodiversity Act ('the Biodiversity Act') that regulate activities regarded as 'restricted activities' by that Act involving listed species of flora and fauna. The regulations include several provisions relating specifically to five species of large predator (lions are a notable exception) and to black and white rhinoceros and represent the end of a lengthy law reform process. The regulations came into force on 1 February 2008. South Africa is a signatory to several international instruments concerned with the protection of biodiversity including the Convention on International Trade in Endangered Species ('CITES'), the United Nations Convention on Biological Diversity and the SADC Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community. The Biodiversity Act is the key national law concerned with management of large predators from a conservation and biodiversity protection point of view. Several Acts administered by the Department of Agriculture, such as the Animals Protection Act and the Performing Animals Protection Act, provide for the welfare of animals in captivity. However, the management of wild predators has up to now been regulated at provincial level by a series of outdated nature conservation ordinances that are inconsistent with one another and with the provisions of CITES. It is clear from the Game Theft Act, from national policy instruments such as the National Biodiversity Strategy and Action Plan and from the draft Game Farming Policy that hunting and game farming are seen as important contributors to the South African economy with the potential to address rural poverty and create employment. Hunting is itself a multimillion rand industry in South Africa and a substantial part of that industry is trophy hunting. Large predators in South Africa are most affected by trophy hunting practices, but other animals and other predators are also affected. Large predators are also the subject ofboth national and international trade. In recent years captive breeding of large predators has increased dramatically in order to supply the trophy hunting industry. During the late 1990s concerns began to be raised in the press regarding so-called 'canned hunting' practices and the law reform process mentioned in the first paragraph was partially a result ofthis focus on canned hunting. The new regulations provide, among other things, for greater control of the wildlife industry and for the setting ofhunting off-take limits, but they have several weaknesses. On the most basic level, the regulations contain drafting errors, are overly complex and may conflict with existing provincial legislation. They are likely to impose a greater administrative burden on provincial authorities already struggling to implement the existing provincial legislation. It is submitted that the provisions relating to animal welfare (for example, those dealing with prohibited methods of hunting) should have been enacted elsewhere. The provisions relating to self-regulation of the hunting industry and black economic empowerment are ineffectual as currently drafted. Most importantly, the new regulations do not represent a significant departure from the utilitarian approach to wild animals that has characterised South African law since its earliest days. In this sense, the regulations conform to the current policy of 'making conservation pay'. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

The study examines the availability and accessibility of health care services in rural areas in relation to the right to health. The area that has been selected for the purpose of this study is the Shongweni area in the Province of KwaZulu - Natal. The area is situated on the border of Mpumalanga and Durban Region under the Outer - West City Council. / Thesis (LL.M.)-University of Durban-Westville, 2004.

In South Africa, the high rate of violent deaths, the lack of proper identification documents, and internal migration within the country stemming from the previous socio-political dispensation of society, has led to a high incidence of unidentified human bodies being found, a large proportion of which are skeletal remains, mainly of indigent Black persons. The low incidence of dental records, especially in disadvantaged, rural populations adds to the failure of identification. Without positive identification of individuals, an inquest or criminal case cannot succeed. In routine post mortem practice, only broad groupings of identity are recorded before disposal of remains. The basic rights of these deceased individuals to be properly identified with regards to police investigations and other legal, religious and cultural requirements are disregarded. Further, a large number of persons are reported missing on a daily basis in the country, some never to be found. This study suggests that national legislation be developed to allow for the administration of affairs in respect of missing persons and unidentified bodies, with regulations under this to provide for the mandatory preservation and storage of all medical and radiological records, a national policy and a national plan of action be established to deal with the burden of missing persons and found bodies, and the establishment of a central database of records of unidentified bodies and missing persons. The study also reviews the strengths and weaknesses of available human identification techniques that can be used to facilitate the identification of bodies, and by use of a case report, proposes to demonstrate to the South African Courts that frontal sinus radiographic identification comprises a useful, rapid and inexpensive method as an application in forensic science that can be compared to the individuality of fingerprints, and serves as a reliable additional method in establishing human identity. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2007.

No abstract available. / Thesis (LL.M.)-University of Durban-Westville, 2003.

Consumer protection has become an important issue in many spheres of trade. This fact is borne out by the many consumer protection laws introduced in many countries globally. However, despite these developments Swaziland is lagging behind. Obviously, this state of affairs has left consumers in Swaziland in a totally vulnerable position. Consumers are often exploited in two material respects. They are either subjected to unfair contract terms in the provision of services, or supplied with defective products having the potential of causing serious bodily harm. In protecting consumers the common law has been judicially developed over many centuries to curb these unfair trading practices. The doctrine of freedom of contract has been the driving force in regulating the relations between consumers and suppliers. The import of this doctrine is the unyielding recognition of an individual’s autonomy in the conclusion of consumer transactions. The underlying percepts of this doctrine are privity of contract, which only recognises obligations between contracting parties, and pacta sunt servanda which requires contractual undertakings to be recognised. The operation of contractual freedom in concluding agreements often leads to unfair results against consumers because suppliers usually impose unfair terms as a result of their stronger bargaining power over consumers. In short, problems faced by consumers were twofold; first, they have to battle the issue of potentially harmful goods, and secondly, their economically weak bargaining position is exploited by suppliers through the use of unfair contract terms. Many countries, including the United Kingdom and South Africa, addressed these two consumer issues decisively through statutory reform aimed at protecting consumers against potentially harmful products and unfair contract terms. Swaziland requires statutory reformative measures that will ensure a shift from the current consumer framework regulated by outmoded common law principles towards a modern framework that will comply with international standards. / Thesis (LL.M)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

Zimbabwe made commitments- global, regional and national- towards the fulfilment of the right to social protection for Orphans and Vulnerable Children (OVC) by ratifying international conventions and other regional instruments. Whilst such commitments are commendable, Zimbabwe has faced challenges in translating such commitments into actual deliverables. Currently, child protection mechanisms for OVC in Zimbabwe include, amongst others, Basic Education Assistance Module (BEAM), through which tuition fees, levy and examination fees assistance is provided to vulnerable children. The other social protection mechanisms are the food aid programme, public works programmes and the National Strategy on Children in Difficult Circumstances. An evaluation of the current social protection mechanisms for OVC in Zimbabwe, among other things, reported inadequate intervention of the current mechanisms so as to adequately provide for OVC. This may call for new innovative social protection mechanisms, like cash transfers, to replace some of the current mechanisms so as to adequately provide for OVC. Social cash transfers are receiving increasing recognition as a means of dealing with the of OVC problem worldwide, and more recently in Africa. There are a number of African countries that have introduced social cash transfers for children within their jurisdictions. Notable examples are South Africa, Zambia and Malawi. Social cash transfers have a positive impact on the education, health and nutrition of OVC. Social cash transfers do not involve large sums of money, thus they may be a desirable option for the social protection of OVC and their households in low income countries like Zimbabwe. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2010.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 1999.

Research on children's rights very often deals with the legal aspects of their rights, based on perceived protection and provisioning needs, and focussed on deficiencies in children's lives. There is obviously a place for such considerations. It is rare however for writers on children's rights to deal with the personal, ontological and moral rights of children in a principled way. This study aims to address this deficit and reveal the axiomatic and essential rights of children in their home setting. The standing of children's rights in the Republic of South Africa (RSA) is reviewed. Although the primary focus will be on the South African situation, it will be illuminated by references to cogent international experience and positions, apposite to the prosecution and theme of this study. This is appropriate, as South Africa is integral to the international initiatives and imperatives in human rights, especially as they apply to children. In terms of the South African state, children's rights have been given formal recognition in the Constitution, as well as in laws and policies flowing there from. It is noted that there may be deficiencies in the implementation and realisation of these rights in practice, however. Only a fraction of children's rights apply in the public sector. Children live their lives predominantly in the home and so the realisation of their rights very often comes down to the attitudes and actions of their parents, in a horizontal application of the Bill of Rights. This study explores what rights children should be bestowed by their parents in their home and according to what values and criteria. The traditional and emerging roles of parents are considered, as they relate to the realisation of rights by their children. The evolution of the concept of childhood is explicated, including social change advocacy and social movements designed to assist children to realise their rights optimally. This study is not based on legal rights per se, but is predicated on an ontological vision of personhood, as it applies to children. Instead of natural rights, the fundamental and universal values that underlie human rights are considered. These values include respect for person, dignity , equality, autonomy, freedom and justice for children in their relationships with their parents. In order to generate the debate on children's rights in the home, two exemplars are considered, based on first principles and fundamental, axiological values. The first exemplar is the child's right not to receive corporal punishment from parents. The second exemplar considers the child's right to realise freedom of religion in the home, including the right to hold different religious beliefs from his or her parents, and to act on these beliefs, in contradistinction to the religion espoused by his or her parents. The thesis contained in this study is that children's rights can only be realised and assured if parents treat their children as persons of worth and dignity, and raise them to become fully functioning adults. The concept of an 'enlightened parent' is critical, if children are to realise their rights. Enlightened parenting involves a lifetime of support and education by parents in order to assist their children to achieve their own special ends as persons. The concept of an 'enlightened parent' is proposed as the portal through which children's rights will be realised. An 'enlightened parent', as the ideal type of parent, should form the basis on which an advocacy campaign should be mounted to enhance the realisation of children's rights in the private domain. The values implicit in an 'enlightened parent' are briefly sketched, incorporating critical values such as tolerance, good will, respect, care, concern and unconditional positive regard. These are the relational values between parents and children that will deliver the human rights values, and therefore ensure, in effect, the accomplishment of children's rights. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

No abstract available. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2001.