Dissertationen zum Thema „Women Legal status, laws, etc. South Australia“

Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.

In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.

For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.

This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.

Includes bibliography
ENGLISH ABSTRACT: The human security concept challenges the traditional view of state security. The very essence of human security means to respect human rights. The Commission on Human Security did not focus on women as a special area of concern in the 1994 Human Development Report. The report does not recognise that being subject to gender hierarchies increases women’s insecurity and that women experience human security differently from men and shows that the human security concept does not include gender based violence (GBV) because there is no specific attention paid to issues that predominantly pertain to women. This study is conducted from a feminist perspective. It is reflexive research and based on standpoint theory. The data is gathered through analysis of secondary data and primary data, collected through interviews. GBV in South Africa tends to be continuous and the perpetrator is most likely to be a spouse or partner. Studies show that women are seen as being dependent on and weaker than men. Many men view women’s rights legislation as a challenge to the legitimacy of men’s authority over women. Women who try to be more independent in their relationships are regarded as threats and violence against them becomes a way for men to show control. The criminal justice system in South Africa has made progress in protecting women from GBV but myths, stereotypes and social conventions still prevent women from receiving justice. Traditionally, the state regards what happens in the private sphere as outside its responsibility. The public/private dichotomy challenges state regulations and norms which is evident in the case of domestic violence. It is often argued that GBV has remained imperceptible because it takes place in the private sphere. However, this research indicates that due to the socio-economic situation in South Africa, the abuse is often publicly known by those in the immediate environment as people live in informal housing. This research shows that a human security framework that targets GBV has to be developed for those who bear its consequences. When women are not viewed as subjects, issues that mainly affect them remain invisible. It is necessary that analysis of human insecurity starts from the conditions of women’s lives. Many women in South Africa live highly traumatic lives. Fighting GBV requires that we know the victims of GBV and let them decide what they need to feel secure. Creating human security requires that other threats which contribute to GBV, such as poverty, gender stereotypes and prejudice are also addressed. GBV has become an epidemic in South Africa and is a permanent constraint in women’s lives and impacts society as a whole. The security of the state rest on the security of women and as long as the state fails to treat GBV as a serious crime and protect women the state is more likely to use violence on a larger scale against its citizens.
AFRIKAANSE OPSOMMING: Die Menslike Veiligheidskonsept daag die tradisionele siening van staatsveiligheid uit: die kerbetekenis van Menslike Veiligheid is om menseregte te respekteer. Die Kommissie op Menslike Veiligheid het nie op vroue as ‘n spesiale area van kommer gefokus in die Menslike Ontwikkelingsverslag van 1994 nie. Die verslag het daarin gefaal om te erken dat die realiteit van geslags-hiërargieë vroue se insekuriteit verhoog, en dat die ervaring van menslike sekuriteit van mans en vroue verskil. Hierdie navorsing sal toon dat die menslike veiligheidsbegrip nie in staat is om geslags-gebaseerde geweld (GGG) in ag te neem nie, aangesien daar geen spesifieke aandag verleen is aan vraagstukke wat hoofsaaklik op vroue betrekking het nie. Hierdie studie is vanuit 'n feministiese perspektief gedoen. Die navorsing is reflektief en op standpunt-teorie gebaseer. Die data is deur die analise van sekondêre data, asook die gebruik van primêre data i deur middel van onderhoude ingesamel . GGG in Suid-Afrika is geneig om oor ‘n uitgerekte tydperk plaas te vind en die mees waarskynlike oortreders is ‘n eggenoot of lewensmaat. Navorsing toon dat gemeenskappe geneig is om vroue as swakker en afhanlik van mans te sien. Wetgewing op die regte van vroue word deur vele mans as ‘n uidaging van hul legitieme superioriteit, ten op sigte van vroue, gesien. Vroue wat dus onafhanklikheid in hul verhoudings probeer uitoefen, word as bedreigings gesien en geweld word gebruik om hulle “in hul plek te hou”. Die Suid-Afrikaanse kriminele regstelsel het al vordering gemaak in terme van die beskerming van vroue teen GGG, maar mites, stereotipes en sosiale konvensies belemmer steeds die volle gang van die gereg. Die staat het in die verlede die private sfeer as buite sy jurisdiksie gesien. Die openbare/private sfeer digotomie bied uitdagings vir staatsregulering en vir die implementering van regulasies , en dit word veral duidelik in die geval van huishoudelike geweld. Daar word aangevoer dat aangesien GGG in die private sfeer plaasvind, dit onsigbaar bly. Hierdie navorsing het egter bevind dat GGG in die Suid-Afrikaanse konteks dikwels in die openbare gemeenskapsfeer (deur diegene in die onmiddelike omgewing) opgemerk word, omdat baie mense in Suid-Afrika informele nedersettings woon.Hierdie navorsing het verder bevind dat ‘n GGG raamwerk vir menslike veiligheid ontwikkel moet word wat diegene wat die gevolge van GGG dra insluit. Indien vroue nie spesifiek as navorsingssubjekte geag word nie, bly faktore wat hulle spesifiek beïnvloed onsigbaar. Dit is belangrik dat analise van menslike insekuriteit begin om die omstandighede van vrouens se lewens in ag te neem. Vroue in Suid-Afrika leef in hoogs traumatiese omstandighede. In die bestryding van GGG is dit belangrik dat die slagoffers van GGG in ag geneem word en dat dit hulle toelaat om dit duidelik te maak wat hulle onveilig laat voel. Die skep van menslike veiligheid vereis dat bedreigings wat bydra tot GGG, naamlik armoede, geslagstereotipes en vooroordeel , ook aangespreek word. GGG in Suid-Afrika het ‘n epidemie geword, en plaas ‘n permanente beperking op vroue se lewens. Dit het ook ‘n blywende impak op die samelewing as ‘n geheel. Die veiligheid van die staat rus op die veiligheid van vroue. Solank as wat die staat versuim om GGG te bekamp en as ‘n ernstigge misdaad te erken, en vroue nie die beskerming van die staat geniet nie, is daar ‘n hoër moontlikheid vir die gebruik van geweld deur die staat teen sy eie burgers op ‘n groter skaal.

Bibliography: leaves 230-248. This thesis examines the causes and consequences to women who, as a result of their marital of de facto relationship incur debt from their spouse/partner. First, it aims to describe the legal and social construction of sexually transmitted debt through a feminist analysis of the 1998 Australian High Court legal case of Garcia v National Australia Bank Ltd. It aims, second, to contribute to feminist understanding of financial decision-making within households by focussing on those decisions that lead to the accumulation of debt within the domestic sphere.

In this thesis I argue that race, culture and imperialism intersect with gender at the site of refugee law to produce 'racialized and exotic others.' These exotic others are refugee women whose differences from refugee decision makers in destination countries are made crucial to their refugee claims by refugee lawyers, decision makers and the system of refugee determination. I use a comparative methodology to examine the gender guidelines for refugee decision makers and selected key cases from Canada, the United States and Australia. The gender guidelines represent a human rights approach to refugee law. I critique the guidelines and relevant cases from an anti-essential ist perspective informed by postcolonial, feminist and critical race theory. My discussion is organized by contrasting 'exotic harms,' transgression of social mores and female genital cutting, with treatment of 'familiar harms', domestic violence and sexual assault. I aim to show how the distinctions between the exotic and the familiar are founded on orientalist notions about other women in other places. I seek to suggest strategies for refugee advocates, decision makers and academic lawyers to avoid perpetuating orientalist notions of other countries and other cultures. I conclude, however, that refugee law is a limited project whose solutions to the problems faced by refugee claimants can only ever be incomplete.
Law, Peter A. Allard School of
Graduate

Bibliography: leaves 309-330.
x, 330 leaves : map ; 30 cm.
Title page, contents and abstract only. The complete thesis in print form is available from the University Library.
Thesis (Ph.D.)--University of Adelaide, Dept. of Politics, 1996

Thesis (L.L.M.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2014.
The non-consensual destruction of a nasciturus is a disturbing societal phenomenon that negatively permeates the lived realities of pregnant women with positive maternal intention. These women choose to experience a full term gestation and they choose to give birth to a live and healthy infant. At some point during their gestation they are non-consensually deprived of their choices through active third party violence by commission or passive third party negligence by omission. These women have no legal recourse for their loss, because in South African law, the non-consensual destruction of a nasciturus is not a crime. The nasciturus is not recognised as a victim separate from the pregnant woman despite the manner in which the pregnant woman freely chooses to interpret her pregnancy. The consensual destruction of a nasciturus enjoys legal protection in South African law by virtue of the provisions contained in the Choice on Termination of Pregnancy Act 92 of 1996. The choice to terminate a pregnancy is therefore legally recognised in South African law, whereas the choice to continue a pregnancy is not legally recognised. Argument is advanced in this dissertation for the legal recognition of the choice to continue a pregnancy by criminalising non-consensual nascitural destruction through the creation of a Choice on Continuation of Pregnancy Act. Non-Consensual nascitural destruction occurs as a result of violence against pregnant women as well as in situations of medical negligence. Empirical data is provided to demonstrate how non-consensual nascitural destruction can occur in medical settings where negligence is suspected. The inherent human need to safeguard and protect the nasciturus has been in existence since time immemorial. Despite this need, in South African law, legal subjectivity, and the ability to be recognised as a separate victim of crime, remain contingent upon a live birth. Evidence suggests that the requirement of live birth in law developed as an evidentiary mechanism and not as a substantive rule of law. Its relevance in circumstances of non-consensual nascitural destruction is doubtful at best. The law in South Africa has failed to take cognisance of the psychosomatic dimensions of personhood and argument is advanced in favour of a nuanced and constitutionally sensitive approach to matters of moral as well as legal personhood. Authentic female autonomy and reproductive freedom requires a re-evaluation of the paradigms that surround nascitural safeguarding and protection, and a transformative approach to constitutional interpretation. The establishment of a legislative scheme to criminalise the nonconsensual destruction of a nasciturus is proposed. Within this legislative scheme certain precautions and fortifications are suggested in order to avoid any potential erosion of the rights of pregnant women who have negative maternal intention. It is demonstrated that it is in fact possible for pregnant women with positive maternal intention and pregnant women with negative maternal intention to both enjoy legal protection without encroaching upon one another’s constitutional rights to reproductive freedom, bodily autonomy and privacy. It is contended that achieving the aforementioned is the final barrier to authentic female reproductive freedom in South Africa.

Text in Afrikaans
This study aims at determining the value which is attributed to a wife's household actions in terms of section 7(3)-(6) of the Divorce Act 70 of 1979. The nature, quantity and quality of a wife's contribution are discussed on the basis of various decided cases and on the basis of factors which influence the extent of the redistribution of assets. The comments of various writers on sections 7(3)-(6) of the Divorce Act 70 of 1979 are also discussed. Since there are few decided cases in South Africa which are relevant to this study, a number of foreign legal systems are looked at by way of comparison to determine possible directional trends with regard to the value of a wife's services in the household.
Die doel van hierdie studie is om die waarde van die vrou se dienste in die huishouding te bepaal binne die konteks van eise ingevolge artikels 7(3)-(6) van die Wet op Egskeiding 70 van 1979. Die aard, kwantiteit en kwaliteit van die vrou se bydrae word bespreek aan die hand van regspraak en aan die hand van faktore wat 'n invloed op die omvang van die herverdeling van bates het. Verskeie outeurs se kritiek teen artikels 7(3)-(6) van die Wet op Egskeiding 70 van 1979 word ook bespreek. Aangesien daar in die konteks van hierdie studie min Suid-Afrikaanse regspraak is, word 'n aantal buitelandse regstelsels vergelykenderwys bespreek om moontlike rigtinggewende neigings ten opsigte van die waarde van die vrou se dienste in die huishouding te bepaal.
Private Law
LL. M.

Four Muslim senior wives, 35 years and older, were interviewed about their experiences in a polygamous marriage. The Theory of Gender and Power was used to understand some of the emerging themes in the gendered relationships between men and women in polygamous relationships. Thematic content analysis revealed the overarching theme of power. The women expressed helplessness in the face of a practice that they consider objectionable on the one hand, but that they feel compelled to tolerate because their religion permits it. In order to cope with their pain there was a need to assign blame for their husband's remarriage. Blame was attributed to both internal and external causes. Senior wives equate polygamy with "infidelity" and therefore perceived it as an act of betrayal, Consequently, this led to feelings of anger, rejection, pain and jealousy, and subsequently the nonacceptance of the junior wife into the marital dyad. The women reported feelings of loss with regard to the marital relationship, such as loss of financial support, trust, self esteem, identity, dignity and sense of self. For these senior wives, polygamy resulted in loss of sexual exclusivity, shared intimacy and security, which was accompanied by feelings of humiliation and degradation. The women believed that polygamy resulted in straining the relationship between children and their fathers. Children were reported to have experienced emotional, behavioural and academic problems.
Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.

Company directors, being human, may be tempted to promote their own interests rather than those of the companies on whose boards they serve. Directors are subject to a number of legal duties. A director has a fiduciary duty to act in good faith and in the best interests of the company. A number of other duties flow from this duty such as the duty to avoid a conflict of interests. The duty of a director not to appropriate a corporate opportunity belonging to the company of which he or she is a director, also flows from the duty to avoid a conflict of interests. The common-law duties of directors which have their origins in English law, have developed over a number of years. Because of the difficulty that directors had in establishing what their duties were, a number of jurisdictions embarked on a process of codifying or partially codifying these duties. South Africa, Australia and England are three countries that have promulgated legislation which has resulted in the codification or partial codification of directors’ duties. The purpose of the codification or partial codification of directors’ duties was firstly to clarify the duties of directors, and secondly to make the duties more accessible to those affected by them – the directors of companies. In South Africa the Companies Act 71 of 2008 has partially codified the duties of directors. Because directors’ duties have only been partially codified there is uncertainty regarding their scope. This dissertation will focus on the possible effect of the 2008 Companies Act on the duty of a director not to take a corporate opportunity falling to the company. In this dissertation I address two issues involving the effect of the 2008 Companies Act on the duty of a director not to appropriate a corporate opportunity belonging to the company. Firstly, I consider whether the partially codified directors’ duties are wide enough to cover issues involving the appropriation of corporate opportunities. Secondly, I consider the appropriate common-law test or tests to be applied in determining whether, in the specific circumstances, an opportunity should be classified as a corporate opportunity. In considering whether the partially codified duties of directors are wide enough to include the corporate-opportunity rule, I compare the approach to corporate opportunities and the corporate-opportunity rule in South Africa, Australia and England.
Mercantile Law
LL.M. (Corporation Law)

This thesis critically examines the statutory unfair prejudice remedy provided for in section 163 of the Companies Act 71 of 2008 (‘the Act’). Section 163 is evaluated against its equivalents in England, Australia and Canada. Section 163 is considered against its predecessors to determine whether problems associated with the formulation and application of its predecessors have now been eradicated. It is argued that although it is important to ensure that company legislation is able to provide protection of an international standard to shareholders to be able to attract capital investment in a competitive market, one has to be cautious of slavishly following legislative trends in foreign jurisdictions. The South African legislature indiscriminately incorporated only parts of the Canadian unfair prejudice remedy in section 163. This approach also resulted, amongst others, in the introduction of foreign concepts. The legislature further failed to take cognisance of the unique historical developments relating to the unfair prejudice remedy in South Africa. This has led to the reintroduction of problems experienced with previous formulations of the statutory unfair prejudice remedy in South Africa and left certain problems relating to the interpretation and application of the statutory unfair prejudice remedy unresolved. Consideration is also given to the interrelationship between section 163 and some of the statutory remedies in the Act. Section 163 is also assessed in the context of the Constitution of the Republic of South Africa, 1996. In conclusion, recommendations for possible legislative amendments are made and an interpretational framework for the interpretation and application of the statutory unfair prejudice remedy in section 163 is provided.
Mercantile Law
LL. D. (Mercantile Law)

A research report submitted to the Faculty of Humanities, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Arts in Labour, Policy and Globalisation, 2017
This research presents an investigation of the role played by private corporations in promoting gender equality, using the platinum mining sector in the Rustenburg area as a case study. In evaluating this role the research uses The Mining Charter, a piece of legislation and Corporate Social Responsibility (CSR) to assess the efforts that have been made by Anglo American and Impala Platinum mines. This qualitative study uses an abductive approach and a Marxist feminist theoretical perspective to establish what constitutes the problem of inequality. Relying on data collected through document analysis, which included a review of the Mining Charter, and various company annual reports, coupled with data collected from conducting interviews from September to December 2016, the research has found companies to look at the problem of gender equality from a ‘female employees statistics’ point of view. As such, the problem of equality has ignored the indirect negative impacts mining has on women in the communities in which the mining companies operate. This research understands equality as having two sides, “formal and informal” equality. While efforts by the government, and mining companies have tried to address the part of formal equality through increasing the numbers of females in mining, and improving the general conditions in which they operate, this research finds that there exists a form of “informal equality.” This informal inequality looks at the outcomes of the efforts in reality, and goes beyond the company into society. Mining companies have the ability to address this type of equality through CSR, but this research notes that CSR programs are often not viewed through a gender lens. The study therefore concludes that there is a disjuncture between the perceived results of efforts made by corporations on paper and the outcomes in reality. While corporations can contribute to promoting equality in the workplace, their understanding of equality is skewed and one sided therefore inequality continues to persist. Perhaps if companies use the strategy of gender mainstreaming to address the goal of equality, which involves taking into account the particular problems of women in all facets, then equality can be achieved.
XL2018

Rural women‘s land rights in South Africa remain secondary in spite of laws founded on a constitution that promotes gender equality. Patriarchal customary laws prevail and women‘s land rights and use security are inextricably linked to their relationships with their male relatives. Rural women are key producers of agricultural products due to historical and continued male outward migration, which has led to a feminisation of agriculture. Although women farm the land, their land use security is poor and can be further threatened by divorce or widowhood. Given that most vulnerable women are based in rural communal South Africa, how can their land rights be secured under the customary law framework? While the statutory law framework seems to provide a solution, it is less applicable in rural areas where customary law and traditional practices prevail. If statutory law cannot be superimposed on the existing customary law framework, how can women‘s land use be further secured to support their household food security efforts? What kind of framework can be introduced to strengthen women‘s land use security? A study was conducted in rural Limpopo Province to explore this complex and yet important question. A mixed methods approach comprising interview style questionnaires with a mixture of closed and open-ended questions, coupled with focus group discussions and observation was employed. Qualitative data from the focus group discussions and open-ended questions was analysed for common themes using content analysis. Quantitative data was analysed using SPSS to establish descriptive data, frequencies and establish the relationships between variables. Results of the analyses were used for building blocks to develop a land rights framework that is more gender sensitive and secures the rights of the actual land users. Women‘s land rights were largely confirmed to be secondary and land use security was linked to the continued relationship to male relatives through marriage and natural blood lines. From these findings, a gender sensitive framework that enables and improves land-based food security efforts has been proposed.
Thesis (M.Sc.Agric.)-University of KwaZulu-Natal, Pietermaritzburg, 2013.

With the abolition of apartheid and the introduction of a new constitutional dispensation, the state’s totalitarian exclusion of homosexuals from legal recognition was relegated to a past era. The constitutional commitment to human dignity and equality and the inclusion of sexual orientation as a prohibited ground of discrimination led to the recognition of same-sex life partnerships and, inevitably, same-sex marriage by means of a civil union regime. The object of this study is to investigate the scope of the legal consequences provided to same-sex couples by the Civil Union Act 17 of 2006 and to determine the legal standing of same-sex couples who fall outside the ambit of the Act. The study includes constitutional arguments pertaining to the continued recognition of same-sex life partnerships and a critical analysis of the constitutionality of the Civil Union Act as a separate measure to govern same-sex marriage. This investigation is conducted with reference to relevant legislation and case law.
Private Law
LL.M. (Private Law)

The research addresses secondary victimization of women reporting abuse at the Lenasia Police Station and reasons why it occurs. In addition, the research also determines if the expectations of the survivors of abuse about the police when reporting abuse are in line with what the Domestic Violence Act stipulates as their duties. To determine this, a sample of survivors reporting abuse was used. A qualitative and quantitative approach to the research was used. Two questionnaires were used for the sample of survivors and for service provides, with an opinion survey with knowledgeable people and a focus group discussion with police. It was found that some women were experiencing victimization by the police and that the survivors' expectations of the police were as stipulated in the Domestic Violence Act. Services provided by service providers were outlined and obstacles preventing police to provide a good service were identified. Recommendations were made.
Social work
MA(SS) (SOCIAL WORK)

This study outlines the results of an evaluation of programmes through a developmental quality assurance process within shelters for abused women and their children in Gauteng Province. The survey obtained the attitudes and opinions of the social workers/social auxiliary workers and shelter managers towards their services. The study reflects empirical findings as well as strengths and developmental areas within these shelters. The results from the study indicate that shelters for abused women and their children are functioning well. However, the Minimum Standards for Shelters are not fully adhered to. Therefore, internal and external evaluations should be used by shelter managers to evaluate their own performance and to improve service delivery.
Social Work
MA(SS) (Social Work)