https://ir.unisa.ac.za/handle/10500/2990 2026-11-07T12:20:44Z 2026-11-07T12:20:44Z Kebebew Birhanu Tadesse https://ir.unisa.ac.za/handle/10500/33042 2026-09-04T09:26:17Z 2026-08-01T00:00:00Z

Critical analysis of the Impact of rural land right alienation laws on environmental conservation in Ethiopia : existing obstacles and prospects Kebebew Birhanu Tadesse This thesis investigates the impact of rural land rights alienation laws on environmental conservation in Ethiopia, with particular emphasis on the relationship between land rights and environmental sustainability. It critically examines both historical and contemporary legal frameworks governing rural land rights and evaluates how these frameworks influence environmental outcomes. The study adopts a qualitative doctrinal legal research methodology, primarily based on an extensive literature review and comparative legal analysis. It analyzes Ethiopia’s Constitution, land policies, land laws, and relevant judicial decisions, alongside scholarly works and international legal instruments. In addition, a comparative assessment is conducted using the legal frameworks of Sweden and New Zealand to draw lessons from jurisdictions that have effectively integrated land rights with environmental conservation. The findings reveal that although Ethiopia’s rural land rights alienation laws aim to balance development and environmental protection, significant challenges persist. While community-based land management practices show some positive environmental outcomes, problems such as land degradation, deforestation, and biodiversity loss remain prevalent. These challenges are largely attributed to gaps in legal frameworks, weak institutional enforcement, tenure insecurity, and socio-economic pressures. The research highlights the need for comprehensive legal reforms to harmonize land and environmental laws, strengthen tenure security, and enhance institutional capacity. It further highlights the importance of integrating participatory land management approaches and indigenous knowledge systems into formal legal frameworks. The study concludes by recommending alignment of Ethiopia’s land governance system with international best practices and emphasizes the importance of sustainable land management for achieving long-term environmental conservation and rural development. These reforms are essential to safeguarding natural resources and improving the livelihoods of rural communities

2026-08-01T00:00:00Z Yasini, Laja https://ir.unisa.ac.za/handle/10500/32294 2026-05-26T10:16:26Z 2025-11-01T00:00:00Z

Islamic marriages and divorce under South African law with reference to the Women's Legal Centre Trust v President of the Republic of South Africa 2022 (5) SA 323 (CC) Yasini, Laja The issue of Islamic marriages and divorce within the South African legal framework has gained increasing attention over the past decade, primarily due to the historical lack of legal recognition and regulation of Muslim marriages. This study investigates the legislative developments that followed the landmark case of Women’s Legal Centre Trust v President of the Republic of South Africa (hereinafter referred to as the WLCT judgment), in which the Constitutional Court declared the non-recognition of Muslim marriages under the Marriage and Divorce Acts to be unconstitutional. The study critically examines how the WLCT judgment and the subsequent amendment of the Divorce Act have reshaped South Africa’s legal landscape by formally recognising Muslim marriages and regulating their dissolution. It further analyses the provisions of the proposed Marriage Bill and explores how Islamic family law, particularly in the context of marriage and divorce, can be accommodated within South Africa’s secular legal framework without compromising Shariah principles or constitutional rights. Employing a qualitative, desktop-based methodology, the study draws on primary and secondary legal sources, including case law and comparative insights from Malaysia’s Islamic Family Law Act. The findings reveal that while legislative reforms represent significant progress, challenges remain in harmonising Islamic legal norms with constitutional imperatives such as gender equality and dignity. The study concludes by recommending context-sensitive reforms, including the incorporation of Shariah-compliant mechanisms and culturally informed legal processes, to ensure equitable treatment of Muslim families within South Africa’s plural legal system.

2025-11-01T00:00:00Z Braun, Julinda https://ir.unisa.ac.za/handle/10500/32028 2025-01-21T09:37:29Z 2024-03-04T00:00:00Z

Delictual and contractual liability of contractors and engineers in the South African construction industry Braun, Julinda The delictual and contractual liability of contractors and engineers for negligence in the construction industry in South Africa is critically investigated. In most instances of such harm-producing conduct of contractors and engineers, the application of common law principles results in equitable outcomes. Some instances are identified where the application of fault-based delictual principles fails to fully vindicate the interests of prejudiced parties. The legislative adoption of strict liability is considered as a potential solution. Section 61 of the Consumer Protection Act 68 of 2008 has introduced strict liability for a wide range of damage caused by goods, which appears to be defined sufficiently widely to include strict liability of contractors and engineers for harm-producing conduct in the construction industry. On the assumption that progressive application by the Courts of Section 61 will satisfactorily supplement common law principles, no further legislative reform in this field is recommended.

2024-03-04T00:00:00Z Steenkamp, Francois Rudolph https://ir.unisa.ac.za/handle/10500/31559 2024-08-29T08:00:05Z 2024-01-01T00:00:00Z

A comparison of Dutch and South African legal mechanisms to address parental alienation Steenkamp, Francois Rudolph This mini-dissertation examines the phenomenon of parental alienation (hereinafter referred to as PA) within a family law context and conducts a comparative legal analysis of the existing legal mechanisms available in South Africa and the Netherlands to address it. Given their erstwhile colonial entanglements and historical legal ties in Roman-Dutch law, these two jurisdictions were chosen for comparison. The study’s problem statement highlights the number of divorces and other parental separations in both jurisdictions and the fact that PA features in some cases. The aims and objectives of the research seek to evaluate and critically analyse the legal tools used to address PA in both countries to identify gaps and make recommendations for legal reform in South Africa, drawing from best practices in the Netherlands. The researcher’s rationale for embarking on a study of this kind stems from the severe consequences of PA on some of the parties involved, but especially children. Academic literature and legal precedents from both jurisdictions are examined and commented upon. The document contains six chapters, commencing with an introductory overview and progressing through a comparative legal analysis, a discussion of the findings, and then concludes with legislative, policy and other reform proposals. Overall, the document endeavours to contribute a nuanced understanding of PA in the context of the family law systems of South Africa and the Netherlands, suggesting legal and other solutions to address this complex issue adequately.

2024-01-01T00:00:00Z