The purpose of this study is to determine whether the current South African regulatory framework related to the illegal trade in wildlife, provides the means to regulate the illegal trade in rhino horn effectively. In an effort to combat and eradicate the illegal trade in wild species and parts therein, South Africa has enacted numerous laws and it has ratified various international conservation Conventions. However, with more than 800 rhinos having been killed in 2013 alone, it is doubtful whether these laws and conventions are adequate. The first chapter is an introductory chapter summarising the latest statistics on rhinos fatalities as a result of poaching, an estimate on their numbers as well giving a brief overview of what laws and conventions will be discussed in this study. In the second chapter the historical development of the trade in rhino horn is dissected, who the culprits are and the reason why rhinos are poached for their horn. The third chapter analyses international conventions that have been adopted by South Africa, including conventions such as the Convention on International Trade in Enangered Species, the Convention on Biological Diversity and agreements such as the General Agreement on Tariffs and Trade. The fourth chapter will focus more on the regional contributions which the African Union and Southern African Developing Community have made in an effort to combat the illegal trade in endangered species and their products such as rhino. The fifth and final chapter discusses South African legislation which comprises of the National Environmental Management Act, National Environmental Management Biodiversity Act, National Environmental Management Protected Areas Act and the Criminal Procedure Act so as to determine what influence it has had in the effort to regulate the illegal trade in rhino horn. The conclusion that can be drawn from this study is that the South African regulatory framework on paper is indeed adequate enough to regulate and even eradicate the illegal trade in rhino horn. The reason, however, for it’s currently failure is attributable to a lack of enforcement of these measures as a result of a lack of provisions holding entities accountable. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015

According to Section 29(1) of the Constitution of the Republic of South Africa, 1996 everyone is entitled to and has the right to basic education. “Everyone” includes disabled learners. The international framework regarding the right to basic education and the accessibility of the infrastructure for physically disabled learners in public schools was examined to determine whether or not South Africa complies with the formalities and obligations prescribed and what the implications are, if the state does not comply. To reach the purpose of the above statement made there has to be determined which legislation is applicable to disabled learners and a definition needs to be provided for the term „physical disability‟ (Chapter 1). Secondly the core of the research question concealed in the above statement and its applicable articles will be discussed as seen in General Comment No. 13 of the International Covenant on the Economic, Social and Cultural Rights (Chapter 2). Thereafter international legislation will be discussed with the focus on basic education, disability, the accessibility of the infrastructure and the obligations placed on the state (Chapter 3 and 4). The focus will then be moved to the regional framework and the provision made with regards to the right to basic education and disability (Chapter 5). The relevant constitutional sections will then be investigated before reaching a conclusion. The sections that will be taken into account are sections 7, 9, 28, 29, 36, 39 and 233 of the Constitution of the Republic of South Africa, 1996. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners„ rights to equality and to basic education. Another purpose is to determine to which extent South African schools are accessible to disabled learners in the provision of infrastructure of school buildings as it is now and the obligation that rests on the state to adapt the infrastructure (Chapter 6). After the discussion of the above mentioned chapters a conclusion will be reached on to what extent the state complies with its constitutional and international obligations to realize disabled children„s right to basic education can be come to (Chapter 7). The inaccessibility of public school buildings in South Africa and disabled children„s need for basic education has led to the research question. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

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