No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1998.

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

Family mediation is a process that' was and is still practised by African indigenous societies. However, mediation in relation to family and divorce matters, is viewed either positively or negatively by most South African writers mainly from a Western perspective. The recommendations made in this work focus, amongst other things, on what ought to be done by policy makers and exponents of mediation in order to make the ,benefits of mediation realised by South Africans particularly disadvantaged communities. The role of illiterate and semi-literate South African citizens)'is pointed out as being critical more in managing family disputes from disfunctioning the family and leading to marriage break-down than merely mediating the parting of ways and ancillary issues of marriage. The practice of family mediation and procedures followed by Africans when introducing the son-in-law to the daughter-in-Iaw's family and the protracted marriage negotiations between Umkhongi (emissary) and the in-laws are all indicative of the entrenched or mandatory approach to family mediation. The benefits of the peaceful ending of marriage relationship through third party interveners are highlighted in President Mandela's desire to terminate his marriage as 'painless as possible' particularly for the sake of children. It is pointed out in this work that the Bushmen of the Kalahari Desert still adhere strictly to their tribal mediation procedures both in relation to family disputes and disputes in general. The tribe relies highly on korakoradue who is its senior citizen and respected elder, as resolver of community disputes. III The South African Justice Department brought hope when it worked toward introducing divorce mediation legislation. However, the vision was misdirected as the enacted family mediation legislation turned out to be constraining in its operation contrary to the recommendations by the Hoexter Commission. The majority of destitute South Africans who should be benefiting from this legislation end up not knowing about the existence of the Act and/or not making use of it because of the costs involved as only the Supreme Court can adjudicate upon matters covered by the Act. The lack of research which focuses on local mediation styles makes it difficult to justify, for example, either Mrs. Mandela's claim when she said ,Mr. Mandela had not answered to the 'African Cultural and Traditional Inkundla' or Mr. Mandela's defence that he respects customs but is not a 'tribalist' as he 'fought as an African Nationalist with no commitment to any tribal custom'. / Thesis (LL.M.)-University of Durban-Westville, 1997.

The formation of the African Union (AU) holds great promise for Africa with regard to development. It also brings a new dimension to human rights in Africa, with the creation of the African Court. However, the OAUs legacy of human rights supervision and the development of democracy lacks in many areas. Europe, however, has manifested itself into an entity capable of trans-border cooperation and has been able to sustain this over a long period of time. What the OAU has accomplished in this regard is not compatible with the current status of international law theory and practise. There is a need then for change in these areas, and what better opportunity is there, than for a new dispensation in regional governance to apply to relevant policies and programmes to effect this change? This dissertation will endeavour to present a study of how the European legacy in Africa worked to the latter's detriment over the past five or six decades since decolonisation. Yet, there are lessons that may be learnt from Europe's unification that can be successfully implemented in Africa. Further, by analysing the weaknesses of Africa's current system of human rights supervision, and rectifying or reforming them, much may be accomplished in the advancement of the system. Therefore reformation of the system will be discussed at length. However, the success of the system will be evidenced by the commitment of its component members. Thus far the status quo in Africa reflects unwillingness on the part of the state to surrender its sovereignty. This was one of the reasons for the impotence of the OAU. Will the AU be able to overcome this condition? The onus remains on the state to shore up their commitments to the treaties which they have ratified, and to deliver on the promises they have made, because there are solutions, and whether or not they are implemented ultimately depends on the AU. / Thesis (LL.M.)-University of Natal, 2003.

This work will investigate the implementation of plant variety protection obligations that African states, and in particular South Africa, have to undertake under the various relevant international agreements, especially the Agreement on Trade Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity. The property rights regimes set up in the different international instruments do not necessarily culminate in a coherent whole. While a trend towards the privatisation of plant genetic resources is evident and notable, continuous upholding of the sovereign rights of states over their natural resources is also present. In particular, this work will investigate the question of whether intellectual property rights support or undermine the objectives of the Convention on Biological Diversity. Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights provides for the mandatory patenting of micro-organisms and microbiological processes. This provision has, however, been the source of much controversy and was inserted under the proviso that it be reviewed four years after the coming into force of the Agreement (i.e. 1999). To date, such review has not occurred. Accordingly, it will be argued that the obligation to implement the Agreement on Trade Related Aspects of Intellectual Property Rights in African Member States should be suspended pending the outcome of the review. This work will critically consider the effects that the introduction of patents over plant varieties are likely to have in Africa, focusing on the fulfilment of basic food needs for all individuals and the sustainable management of biological resources in African countries. It will be argued that African states should take advantage of the possibility of devising a property rights system adapted to their needs and conditions and should avoid any system involving the introduction of monopoly or exclusionary rights, such as patents or plant breeders' rights. / Thesis (LL.M.)-University of Natal, Durban, 2003.

Environmentalists citizens groups, legal practitioners academics and the ordinary citizens in South Africa today are over-excited with the prospects of the environmental rights litigation under the final Constitution of the Republic of South Africa Act 108 of 1996 signed by the State President in Cape Town on the 18th December 1996. For the first time in the history of South Africa environmental rights have been lifted to the status of fundamental constitutional and human rights. From an environmental perspective the upliftment of environmental rights to the level of constitutional protection is a great achievement that will benefit all South Africans. This dissertation throws some light on the concept of locus standi and public interest litigation as they have developed In the New South African Constitution followed by an exposition of the common law rules of legal standing. The focus of attention will then turn to the extent to which the Interim Constitution of the Republic of South Africa Act 200 of 1993 and the final Constitution of the Republic of South Africa Act 1996 extend or broaden the scope of standing followed by a brief survey of legal standing of environmental associations in various countries. Finally the document will conclude with a brief commentary on the law of standing in South Africa and possible suggestions for reform. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1997.

This dissertation examines the laws relating to poaching in South Africa - where these laws originated, how they were influenced by the long history of laws against poaching in England, and how they were shaped by factors unique to South Africa. In particular, what is examined is the extent to which laws against poaching were designed and employed historically as a deliberate foam of social control,. and to enable control of property and access to natural resources, in both England and South Africa. The dissertation is divided into two sections. The first section is an examination of English laws and mores against poaching from the date of the Norman Conquest, I066, until near the end of the Victorian era in the late nineteenth century, The second section is an examination of South African laws against poaching, from the early years of the Cape Colony until the early part of the twentieth century. Where appropriate,comparisons are drawn and distinctions made between the English and the South African experiences. Direct and indirect influences which the English poaching and game laws had on South African laws are considered Aspects of English and South African history which are considered include game legislation, preservationist policies, colonial expansion, class consciousness~indigenous hunting systems, and resistance to and enforcement of laws against poaching. The overriding impression gained from a historical study o/poaching laws and other game legislation is that these laws were never concerned solely with preservation of wild animal species for any intrinsic worth these species might have, or even for conservation purposes. Rather, such laws have been driven by the narrow economic and social interests of the upper classes and the lawmakers. The experience of both England and South Africa has been that (he more scarce natural resources become, the more strictly these are reserved to the dominant political groups. It is not always easy to distinguish between influence on and parallel evolution of legal experiences, but numerous features of English laws can be found within South African history. Some are clearly deliberate impositions,. but there are also important invasions by elitist consciousness. However, there are also important differences. In particular, the Roman-Dutch common law in South Africa had a Significant influence on poaching laws. And to an extent South African history was shaped by a reaction to the restrictions ofEnglish poaching laws. The objection might be made that this dissertation deals as much with general game control laws, as with laws enacted strictly to deal with poaching. The word 'poaching' is itself not encountered in South African legislation in the period under discussion. However, the conclusion reached is that the aim and the effect of the game laws in South Africa and England has historically been the transformation of the lower class hunter, the subsistence hunter, into an illegal hunter or 'poacher '. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, and Nottingham, England, 2001.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1992.

Aim The aim of the study was to establish if resources for health care were distributed in a manner which reflected justice and equity for people with mental illness at primary health care (PHC) level where mental health services were integrated into general health services. This was done by establishing if relevant South African health policy and legislation makes relevant provisions for the transformation of health care service in line with primary health care principles. Selected health care system delivery strategies were analysed to establish if these reflect justice and equity in the distribution of health resources within a particular health district. Finally, an appropriate workload criteria was used to establish how currently employed health personnel were allocated in terms of skill mix per population size within a selected health district. Methodology The study was conducted in eThekwini District in the Durban Metropolitan area. A combination of descriptive and analytic study designs were adopted using the Health Systems Research(HSR)l as the framework for the study. The descriptive component was used to set the context for the study. The analytic component was used to establish the causal link between mental health policy provisions and the current distribution of health resources. Human resource allocation was used as the indicator for mental health resource allocation.2 Simple random sampling method was used to select six sampling units of Primary Health care (PHC) areas from the sampling frame of three Sub-Districts which constituted eThekwini District; namely North, South and West Sub-Districts. Mental Health Policy and related Legislation was analysed to establish how these made provisions for resource allocations in mental health care. The South African Workload ratios from Rispel et.al. in WHO (2003) 3 were used to determine personnel allocation per level of care and per population size served. The distribution of personnel was calculated using the fulltime equivalent scale (FTE).4 The geographical location of health facilities was established from the District maps to determine the location of mental health personnel. Results At policy level, even though relevant health legislation makes specific provisions for the development, distribution and management of human resources, the literature review indicated that there are still gaps in policies for human resource production, distribution, management and health service delivery. At implementation level research findings indicated marked understaffing across all primary health care levels. Results also showed that the total number of currently employed health personnel in most sample PHC areas fell below the norm recommended for the population size. In addition, integrated primary health care service was mainly offered by one health discipline compared to the recommended personnel skill mix of eight health disciplines. On the other hand, there was also an underlying historical over-concentration of health facilities in urban-based areas compared to rural based areas. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2006.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1986.