Thèses sur le sujet « Abortion – Law and legislation – England »

Abortion is a difficult topic to discuss and grasp. Whether it is a dilemma of personal morals and ethics, religion, or simply the nature of the act – the privacy and intimacy of an abortion often causes uneasiness when discussing. To make matters more difficult, there are many issues to consider in addition to deciding whether one wants to attain an abortion; social stigma, cost, parental consent, procedure availability, and more may exacerbate the woman’s situation. In Hong Kong, where the number of legal abortion procedures are limited in public hospitals and costs soar to extreme amounts, many women seeking abortions fall through the cracks and must seek alternative ways of having this time-sensitive procedure fulfilled. As Hong Kong continues to Westernize and liberally develop into comparably one of the most advanced cities in the world, it is important to note that Hong Kong law does not permit a women to rightfully attain a abortion by mere free will. This report seeks to analyze the trials and tribulations that women must face to prevent the need of an abortion as well as the difficulties in procuring one. The methods of researching articles through scholarly sources is detailed and depicted with a flowchart; reasons for inclusion and exclusion are noted. Entailed in the results section is also a comprehensive analysis of the gaps in Hong Kong’s abortion laws; discussed are the problems women endure when trying to satisfy Hong Kong’s legal requirements for abortion procedures as well as when they avoid the legal and/or medical system altogether. Supporting evidence, facts, and figures of historical prices and methods of abortions are displayed in the results section to support the dissertation argument. Finally, a discussion involving recommendations and how to move forward are suggested in order to reduce the number of unwanted pregnancies and therefore abortions in Hong Kong.
published_or_final_version
Public Health
Master
Master of Public Health

Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.

The control of environmentally damaging activities has become one of the most important areas for concern in recent years. The amount of legislation relating to this subject area has increased several-fold, with European Directives and domestic laws being introduced in response to pressure from a variety of avenues. Key studies on the enforcement of environmental law have been carried out. However, this work was undertaken prior to the expansion of legislative provisions at the start of the 1990s. In the light of this new legislation,n ew regulatorya genciesa, ndc hangingp ublic opinion, the following researcha imsw ere formulated: 1. To assess the approach to enforcement by regulatory agencies (co-operation versus confrontation). 2. To determinet he extent and rate of utilisation of enforcemenmt ethodsb y the regulatory authorities, and the reasons for non-utilisation. 3. To determine which factors influence the strategic decision making process, and to measure the relative importance of each factor. 4. To investigate the types of enforcement policies prevalent in regulatory agencies and evaluate their varying levels of effectiveness. 5. To determine the level of consistency in the approach to enforcement within and between regulatory agencies. 6. To examine the consistency of the levels of penalties applied by the courts. 7. To suggest improvements to the system where required. The first phase of the research involved a postal questionnaire to local authorities. This was followed by structured interviews with NRA and HMIP personnel. An assessment of the consistency of the regulators' enforcement action was made through responses to a regulated community questionnaire, and an appraisal of the consistency of penalties applied by the courts was achieved by analysis of case reports. The main findings from the research were: I. Regulatory agencies adopted a co-operative enforcement approach in the first instance, followed by more stringent action if required. 2. Most regulatory bodies did not use the full array of enforcement methods at their disposal. 3. A large variety of factors relating to the incident affects the decision making process. 4. Not all local authorities had an enforcement policy. Of those that did, a wide variation in the type of enforcement policies existed. 5. Regulators were found to be inconsistent in their enforcement practices. 6. The levels of penalties applied by the courts were also found to be inconsistent. Improvements to the system were suggested as a result of these research findings.

Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.

The abortion debate in the United States has come to split the contemporary electorate among party lines. Since the late 1970s, the Republican Party has taken a stand against abortion and has worked through various routes of legislation to pass restrictions on access to the procedure. Oregon however, provides a different interpretation of this partisan debate. Though Oregon has seen both Republican and Democratic leadership in all houses of state government and pro-life conservative groups have lobbied to restrict the procedure, no abortion restriction has been passed in the state since the United States Supreme Court invalidated many state abortion bans in 1973. This thesis analyzes the legislative history of Oregon beginning in the mid nineteenth century, when the Oregon Territory first passed an abortion ban. Oregon voters and lawmakers alike were continuously asked to debate the legality and morality of abortion. Though the state did participate in the national debate over access to abortion, made clear by dozens of attempts at restricting the procedure, Oregon's response to conservative political trends is distinctive. Oregon liberalized its abortion law before Roe was decided; and years before, prominent physicians provided abortions and advocated for reproductive health. After abortion was decriminalized, Oregon legislators protected abortion access further by rejecting all attempts to pass abortion restrictions and crafting legislation to make further restrictions more difficult to pass. Even as Republicans gained majorities in the Oregon legislature in the late 1980s and 1990s and the pro-life movement gained momentum on the statewide level nationally, Republican lawmakers remained unwilling to prioritize abortion legislation. So too, in the decades following the Roe decision, Oregon voters have rejected all pro-life attempts to restrict abortion access by ballot initiative. Instead of pointing to one explanation for Oregon's protection of abortion access, this thesis examines the societal and legislative developments that worked in tandem to create a legislative landscape that is protective of abortion.

This thesis examines the effects of the change from strict scrutiny to the undue burden standard in Planned Parenthood v. Casey (1992). A history of abortion in the United States and the various ways in which government regulates it is explored. Particular attention is focused on the role of the federal judiciary in abortion regulation. Theories of judicial decision making are discussed as means to understand the outcome of cases. Several models are tested to determine which, if any, model explains judicial decision making. The effect of the change in standard, as well as an alternate precedent, are examined.

This study investigates the representation of women's reproductive rights in the feminist blogopshere during 2009/10 United States health care reform. Focusing on two purposively selected feminist blogsites - Feministing and Jezebel- it critically examines the discursive and rhetorical strategies employed by feminist bloggers to contest the erosion of women's reproductive rights as proposed in health care reform legislation. While the reformation of the U.S. health care system was a lengthy process, my analysis is confined to feminist blog posts published in November 2009, December 2009 and March 2010. These three months have been designated as they are roughly representative of three pivotal stages in health care reform: the drafting of the House of Representatives health care reform bill and Stupak Amendment in November 2009, the creation of the Senate health care bill inclusive of the Nelson compromise in December 2009, and the passage of the finalised health care reform bill, the Patient Protection and Affordable Care Act and supplementary executive order, in March 2010. This study is informed by feminist poststructuralist theory and Foucault's conceptions of discourse and power - an appropriate framework for identifying and analysing the unequal power relations that exist between men and women in patriarchal societies. Foucault conceives of discourse as both socially constituted and constitutive and contends that through the constitution of knowledge, discourses designate acceptable ways of talking, writing, and behaving, while simultaneously restricting and prohibiting alternatives, thereby granting power and authority to specific discourses. However, Foucault also stresses the multi-directionality of power and asserts that though hegemonic discourses are privileged over others, power lays in discursive practice at all social sites; hence the socially and politically transformative power of contesting discourses. Critical discourse analysis is informed by this critical theory of language and regards the use of language as a form of social practice located within its specific historical context. Therefore, it is through engaging in the struggle over meaning and producing different 'truths' through the reappropriation of language that the possibility of social change exists. Employing narrative, linguistic and rhetorical analysis, this study identifies the discursive strategies and tactics utilised by feminist bloggers to combat and contest anti-choice health care legislation. The study further seeks to determine how arguments supportive of women's reproductive rights are framed and how feminist discourses are privileged while patriarchal discourse is contested. Drawing on public sphere theory, I argue that the feminist blogosphere constitutes a counter-public which facili tates the articulation and circulation of marginalised and counter-discourses. I conclude this study by examining the feminist blogopshere's role in promoting political change and transformation through alternative representations of women and their reproductive rights.

Thesis (MPhil)--University of Stellenbosch, 2001.
ENGLISH ABSTRACT: Perhaps one of the most talked about subjects worldwide and in South Africa these days is the abortion issue. A growing number of women admit to having had one. Basically there are two opposing views and values on the question of abortion. We normally hear people referring to the 'abortion issue'; my understanding of this is that there is a dialogue going on at the moment concerning abortion. In South Africa before the current Choice of Termination of Pregnancy (TOP) Bill, some activists' women and the ever-growing 'feminists' movements were lobbying and demanding that abortion be decriminalised. As we may all be aware, up until 1 February 1997, abortion or termination of pregnancy (TOP) in South Africa was conceivable under very restrictive atmosphere. Before the introduction of the current Termination of Pregnancy Bill, a majority of women had no access to abortion services in the country, hence the growing number of back-street job. By implication this means that most women given the choice, would not seek the experience of abortion, but if they do, it would be available to the in safe, legal, accessible and affordable service. Not only does the Act conceal that terminating pregnancy that occurred through criminal acts such as rape and incest is justifiable. The current liberal Termination of Pregnancy Bill also gives pregnant women the 'right' or 'freedom' to abort whenever and for whatever reason they deem fit. Part of the ethical dilemma of the abortion issue is that there are those who holds a view that always where there is a conflict of rights and interests, the foetus' rights must give way to, or that the foetus' rights must be overridden by those of a pregnant women. Pro-choice advocates maintain that a woman's choice to terminate her pregnancy is her own business and hers alone, in other words, this for them is a private decision. Well, I argue that this is not necessarily the case, ethically, the father of the unborn child should also be considered in such a decision. Given that virtually every abortion has risks, the parents of the aborting woman and to some extent the society at large are involved. Therefore, to solely talk of the 'mother's right to choose' is basically suggest that morality is "relative" and such relativism is conceived from the idea of privatisation of abortion and life in general. In the following pages I will look at the arguments in support of abortion and against it, and these are criticised. Also discussed are the ethical implications of the new South African Termination of Pregnancy Act. Broadly speaking, technology advancement has made it possible to detect the unborn baby's physical condition (sometimes even its mental state) while the mother is still pregnant. The ethical implications of this medical intervention are used to decide whether the unborn child should live or die. Given this, if the purpose of these prenatal diagnosis were for the destruction of the unborn, therefore, advocates of the movements such as 'the right to life', and 'pro-lifers' would argue that because of particularly twisted purpose, prenatal diagnosis must be abolished. Furthermore, I will acknowledge that the Termination of Pregnancy Bill as we have it, is appraised by feminists movements and others who are not necessarily feminists as allowing increased and unrestricted access to 'free' and 'safe' abortion in the government hospitals and clinics. However, I argue that this was rather prematurely introduced. I argue that a number of pregnant women claiming to be poor still present themselves to private doctors and private clinics for abortion and they pay anything between R 600- 800 or more depending where these services are provided. On the other hand, for one reason or another, other women still choose to terminate their pregnancies back street way although the risks are high in such servicing stations. In the light of these facts, one wonders whether it is appropriate to legislate for the termination of pregnancy or would it have been a worthwhile decision to delay the legislation of abortion for a while and thoroughly make a research and relevant preparation for it. I also argue that ideology plays an important part in the abortion debates. Besides, the abortion debate is also characterised by indoctrination, the purpose of which is to leave other confused. In both cases facts are misrepresented or false statements are made, and this for me is ethically unacceptable. I will also comment on the importance of linguistics, that is, the proper understanding of normal English terms and what I refer to as 'deceptive language' used by campaigners. Inthe last part of this thesis, I will outline some basic approaches to ethics and which belong to what is referred to as postmodernism. The Postmodern worldview deconstructs metanarratives so that no one particular belief is more believable than another. This worldview bring with it ethical relativism, which is a theory which holds that morality is relative to the individual. Three movements are given as an example of this move toward ethical relativism, they are: (a) Emotivism, (b) Subjectivism, and (c) Situationalism While I will argue that rape and incest are evil acts, and support abortion in cases involving such acts, however, I also believe that abortion is not the answer to the problem of rape and incest. I will propose a number of recommendations the South African government should have made before legislating for abortion. For instance, by creating separate abortion service facilities even in the hospital premises, with properly trained staff; so that people who came to seek advice for abortion are not intimidated by those who go to full terms with their pregnancy. Included in this thesis is a case study to demonstrate the complexity of the abortion issue to everyone involved. Some psychological and emotional symptoms following abortion will be outlined and this according to women who do share their abortion story is a reality they have to live with every day of their lives.
AFRIKAANSE OPSOMMING: Aborsie is moontlik een van die mees veelbesproke kwessies van ons tyd, sowel in Suid- Afrika as wêreldwyd. 'n Groeiende aantal vroue erken dat hulle al een gehad het. Basies is daar twee opponerende gesigspunte en waardes betrokke by die twispunt rondom aborsie. Aborsie was voor die aanvaarding van die jongste wetgewing (d.w.s. voor 1 Februarie 1997) in Suid-Afrika slegs moontlik onder streng beperkings. Voor die huidige wet ( die "Termination of Pregnancy Bill") in werking gekom het, het die meerderheid vroue geen toegang tot aborsie gehad in Suid-Afrika nie, wat gelei het tot 'n toename in agterstraat aborsies. Die nuwe wet gee nie slegs die reg om te aborteer aan vroue wat swanger is as gevolg van kriminele optrede soos verkragting of bloedskande nie. Die huidige, buitengewooon liberale wet gee ook vir alle praktiese doeleindes aan die vroue die reg om aborsie op versoek te ondergaan tot op 20 weke van swangerskap. Die doel van hierdie werkstuk is om hierdie nuwe liberale wet aan 'n krities ondersoek te onderwerp. Deel van die etiese dilemma rondom die kwessie van aborsie spruit voort uit die feit dat daar diegene is wat reken dat, indien daar enige konflik tussen regte en belange is, die regte van die fetus ondergeskik is aan die regte van die swanger vrou. Diegene ten gunste van aborsie voer aan dat die keuse gemaak moet word deur die betrokke vrou, en dat so 'n keuse uitsluitlik haar eie is. Ek argumenteer dat dit nie noodwendig die geval is nie. Die vader van die ongebore kind behoort ook 'n sê te hê in hierdie saak. Gegee dat elke aborsie sekere risiko's insluit, het die ouers van die betrokke vrou en die samelewing ook 'n belang by so ,'n situasie. Dus is om slegs te praat van die 'vrou se reg om te Ides' om te suggereer dat moraliteit "relatief' is, en sulke relativisme word afgelei van die idee van die privatisering van aborsie en die lewe in die algemeen. In die volgende bladsye sal ek die argumente vir en teen aborsie analiseer en kritiseer. Die etiese implikasies van die nuwe Termination of Pregnancy Act word veral bespreek. Tegnologiese vooruitgang het dit moontlik gemaak dat die ongebore baba se fisiese (en soms selfs mentale) kondisie bepaal kan word voor geboorte. Die etiese implikasies van die mediese intervensie word gebruik om te besluit of die ongebore baba moet lewe of sterf Dus, indien die doel van prenatale diagnose die moontlike vernietiging van die ongeborene insluit, sal diegene wat teen aborsie is, argumenteer dat so 'n verwronge doel veroorsaak dat sulke ondersoeke gestaak behoort te word. Ek sal erken dat die nuwe wet waardeer word deur feministe, en andere wat nie noodwendig feministe is nie, as 'n wet wat dit moontlik maak dat daar toenemende en onbeperkte toegang is tot 'gratis' en 'veilige' aborsies in regeringshospitale en klinieke. Maar ek wil argumenteer dat die wet te vroeg aangeneem is. Ek argumenteer dat 'n groot aantal verwagtende vroue voorgee dat hulle arm is en poog om 'n aborsie te kry by private dokters en klinieke, en dan tussen R600 - R800 of meer betaal vir so 'n diens, afhangende van waar dit geskied. Aan die ander kant, om een of ander rede, kies sommige vroue steeds om hulle swangerskappe te termineer deur agterstraat-aborsies, ten spyte van die risiko's. Gegewe hierdie feit, wonder mens of dit gepas was on 'n wet in te stel aangaande die terminasie van swangerskap, en of dit nie beter sou wees om die wetgewing uit te stel tot volledige navorsing gedoen is en voorbereiding getref is nie. Ek argumenteer ook dat ideologie 'n belangrike rol speel in die aborsie-debat. Die aborsie-debat word ook gekenmerk deur indoktrinasie ten einde mense te verwar. In beide gevalle is daar die wanvoorstelling van feite of word valse stellings gemaak, wat eties onaanvaarbaar is. Ek salook kommentaar lewer oor die belangrikheid van taal, dws die korrekte verstaan van normale (Engelse) terme en wat ek na verwys as die 'misleidende taal' wat gebruik word deur sekere kampvegters betrokke by die debat. In die laaste deel van die werkstuk sal ek sekere basiese benaderings tot etiek ondersoek, veral dié wat na verwys word as "postmodernisme". Die Postmoderne gesigspunt dekonstrueer metanarratiewe sodat geen spesifieke oordeel langer meer geloofwaardig is as 'n ander nie. Hierdie gesigspunt word dan ook vergesel deur etiese relativisme, wat huldig dat moraliteit relatief is tot die individu. Drie bewegings word genoem as voorbeelde van hierdie beweging na etiese relativisme, nl: (a) Emotivisme, (b) Subjektivisme, en (c) Situasie-etiek Alhoewel ek argumenteer dat verkragting en bloedskande morele verkeerd is, en alhoewel ek aborsie in sulke gevalle voorstaan, glo ek nie dat aborsie 'n antwoord bied op die probleem van verkragting en bloedskande nie. Ek sal 'n aantal voorstelle maak aangaande wat eintlik moes gebeur het voor die regering die huidige aborsiewet aanvaar het. Byvoorbeeld, dat aparte aborsie-fasiliteite, selfs by die hospitaal en met opgeleide personeel, geskep moes word ten einde te voorkom dat diegene wat advies vra aangaande aborsie nie geïntimideer word deur persone wat nie wil aborteer nie. Ingesluit in hierdie studie is 'n gevallestudie wat die kompleksiteit van die kwessie rondom aborsie, vir al die rolspelers, demonstreer. Sekere emosionele en sielkundige simptome, veroorsaak deurdat 'n persoon besluit het om te aborteer, sal geskets word. Vir vroue wat 'n aborsie ondergaan het is hierdie 'n realiteit waarmee hulle elke dag moet saamleef

This thesis focuses on how well indicators of judicial ideology and institutional constraints predict whether a judge will vote to increase abortion access. I develop a model that evaluates a judge's decision in an abortion case in light of ideological factors measured at the time of a judge's nomination to the bench and legal and institutional constraints at the time a judge decides a case. I analyze abortion cases from all of the U.S. Federal District Courts from 1973-2004. Unlike previous studies, which demonstrate that the president and the home state senators are the best predictors of judicial ideology, I find that the Senate Judiciary Committee at the time of the judge's nomination is the only statistically significant ideological indicator. Also, contrary to conventional wisdom, Supreme Court precedent (a legal constraint) is also a significant predictor of judicial voting behavior in abortion cases.

Traces the inter-related histories of the eugenics movement and birth control, with an emphasis on abortion. Discusses Sarah Weddington's arguments and the Supreme Court's ruling in Roe v Wade. Straws the eugenic influences in the case and asserts that these influences caused the decision to be less than decisive.

This thesis attempts to critically and comparatively analyse the issues relating to the passing of property and risk under the United Nations Convention on the Contract for International Sale of Goods (CISG) and English Law (SGA). The passing of property and risk plays a central role in the area of international legislation in relation to sales contracts. These elements can be the most significant components in contracts of sale between parties, whether in the international or domestic field. The reason is founded on their legal nature and the close relationship between them. The passing of property and risk has been a central issue for practitioners, judges and lawyers dating back to the Roman period and several ideas have been proposed to resolve it. Where the situation is different for contracts of sale in relation to the passing of property and risk, whether in the domestic or international field, it still creates many unresolved problems, because of ongoing changes in the field of modern commerce, which may contribute to unfair implications between the parties. It has been observed in this thesis that both English law and the CISG adopt the party autonomy principle, where the intention of the parties - whether in relation to the passing of property or risk - is the basic rule. However, the difference lies in the default rules. While English law involves default substitutional rules, which apply in cases where there is an absence of an expressed or implied indication regarding the intention between the parties, the CISG lacks such default rules regarding the transfer of property, which could be viewed as its main weakness, although the CISG does involve such provisions with respect to the transfer of risk. This thesis willdiscusses, the legal nature of the rules in relation to the passing of property and risk, and the role of the party autonomy principle, and the impacts and legal difficulties that might arise through the application of these rules, whether they are default rules or based on the party autonomy principle. It will also examine the legal gaps and weaknesses of both legal systems in an attempt to identify such legal difficulties and to find appropriate solutions and remedies.

This thesis seeks to place drama of the Caroline commercial theatre in its contemporary political and legal context; particularly, it addresses the ways in which the struggle for supremacy between the royal prerogative, common law and local custom is constructed and negotiated in plays of the period. It argues that as the reign of Charles I progresses, the divine right and absolute power of the monarchy on stage begins to lose its authority, as playwrights, particularly Massinger and Brome, present a decline from divinity into the presentation of an arbitrary man who seeks to impose and increase his authority by enforcing obedience to selfish and wilful actions and demands. This decline from divinity, I argue, allows for the rise of a competing legitimate legal authority in the form of common law. Engaging with the contemporary discourse of custom, reason and law which pervades legal tracts of the period such as Coke’s Institutes and Reports and Davies’ ‘Preface Dedicatory’ to Le Primer Report des Cases & Matters en Ley resolues & adiudges en les Courts del Roy en Ireland, drama by Brome, Jonson, Massinger and Shirley presents arbitrary absolutism as madness, and adherence to customary common law as reason which restores order. In this climate, the drama suggests, royal manipulation of the law for personal ends, of which Charles I was often accused, destabilises law and legal authority. This destabilisation of legal authority is examined in a broader context in plays set in areas outwith London, geographically distant from central authority. The thesis places these plays in the context of Charles I’s attempts to centralise local law enforcement through such publications as the Book of Orders. When maintaining order in the provinces came into conflict with central legislation, the local officials exercised what Keith Wrightson describes as ‘two concepts of order’, turning a blind eye to certain activities when strict enforcement of law would create rather than dissolve local tensions. In both attempting to insist on unity between the centre and the provinces through tighter control of local officials, and dividing the centre from the provinces in the dissolution of Parliament, Charles’s government was, the plays suggest, in danger not only of destabilising and decentralising legal authority but of fragmenting it. This thesis argues that drama provides a medium whereby the politico-legal debates of the period may be presented to, and debated by, a wider audience than the more technical contemporary legal arguments, and, during Charles I’s personal rule, the theatre became a public forum for debate when Parliament was unavailable.

Thesis (PhD (Education)--Stellenbosch University, 2008.
ENGLISH ABSTRACT: Before the implementation of abortion legislation in South Africa in February 1997, illegal abortions were the only way out for women with unwanted pregnancies. Because of the high morbidity and mortality rate of the women concerned, abortion legislation was implemented with the aim of ending illegal abortions in South Africa by having abortions carried out legally on request in designated health care facilities. The abortion legislation stipulates that registered nurses who have undergone the proposed abortion care training may terminate a pregnancy upon request of a woman during the first twelve weeks of the gestation period of her pregnancy. Although legislation authorises registered nurses to carry out first trimester abortions, an inadequate number of nurses are being trained in the Western Cape to provide pregnant women with guidance and counselling services, carry out the abortions and/or refer problem cases. Since the implementation of the abortion legislation no real attempts have been made by higher education institutions in the Western Cape to offer abortion care training for nurses. A need has therefore been identified to develop a comprehensive training framework for higher education institutions in the Western Cape for the training of nurses in abortion care. The case study was used as research design and the specific unit of analysis on which the researcher focused were the registered nurses who had received training in abortion care and the context in which they provide abortion care at the various levels of service provision in the different regions of the Western Cape. A random, stratified sample (non-proportional) was taken of the designated state health care facilities in the Western Cape, as well as a non-probability purposive sampling of registered nurses who provide abortion care, a non-probability convenience sample of women who have received abortion care and a non-probability purposive sampling of final-year pre-registration nursing students. Data was generated by means of questionnaires to the women who received abortions and/or counselling, the registered nurses who carried out abortions as well as final-year preregistration nursing students. A checklist was used to observe the abortions that were carried out by registered nurses in an objective and non-participatory manner and semi-structured interviews were conducted with various role-players in abortion care and training. The main findings of this study indicate that the necessary infrastructure within which the services could be provided according to the abortion legislation was adequate, but that the ongoing shortage of trained health care practitioners hampers the abortion care services. Only 10 (n=10) of the 15 certified nurses employed in state health care facilities actively offered abortion care services in the various designated facilities in the Western Cape. Deficiencies were identified in the existing provincial protocol and it was clear that some of the guidelines are either not in use or have become obsolete in the light of new research findings. It was found that midwives with appropriate and effective training are the ideal category of health practitioner for the provision of abortion care. The certified nurses who have been trained by the various regional offices of the Department of Health: Western Cape are skilled in carrying out the abortion procedure, but the other aspects of abortion care, that are mainly carried out by other categories of nurses, will probably require greater attention. The recommendations, which are based on a thorough literature study as well as on the findings and conclusions that arose from the empirical part of this study, have been included in a training framework. The researcher recommends that the training framework provide the basis for the development of a formal programme or programmes for the training of nurses in abortion care at higher education institutions. The purpose of the proposed framework is therefore to determine the context within which curriculation ought to take place, and to provide a focus or format for those who develop the curriculum for prospective students.
AFRIKAANSE OPSOMMING: Voor die implementering van aborsiewetgewing in Februarie 1997 was onwettige aborsies die enigste uitweg vir vroue met ongewenste swangerskappe in Suid-Afrika. Weens die hoë morbiditeit- en mortaliteitsyfer van die betrokke vroue is aborsiewetgewing geïmplementeer met die doel om onwettige aborsies in Suid-Afrika te beëindig en aborsies op versoek wettiglik in aangewysde gesondheidsorgfasiliteite uit te voer. Die aborsiewetgewing stipuleer dat verpleegkundiges wat die voorgestelde aborsiesorgopleiding ondergaan het, ‘n swangerskap kan beëindig op versoek van ‘n vrou gedurende die eerste 12 weke van die draagtyd van haar swangerskap. Ten spyte van wetgewing wat verpleegkundiges magtig om eerste trimester aborsies uit te voer, word daar om verskeie redes onvoldoende aantal verpleegkundiges in die Wes-Kaap opgelei wat voorligting en berading aan swanger vroue gee, die aborsies uitvoer en/of probleemgevalle moet verwys. Geen daadwerklike pogings is sedert die inwerkingstelling van die aborsiewetgewing deur hoëronderwysinstellings in die Wes-Kaap aangewend om aborsiesorgopleiding vir verpleegkundiges aan te bied nie. Derhalwe is ’n behoefte geïdentifiseer om ’n omvattende opleidingsraamwerk vir hoëronderwysinstellings in die Wes- Kaap te ontwikkel vir die opleiding van verpleegkundiges in aborsiesorg. Die gevallestudie is as navorsingsontwerp gebruik en die spesifieke eenheid van analise waarop gefokus is was die verpleegkundiges wat opleiding in aborsiesorg ontvang het en die konteks waarbinne hulle aborsiesorg lewer by die onderskeie vlakke van dienslewering in die onderskeie streke van die Wes-Kaap. ’n Ewekansige, gestratifiseerde steekproef (nie-proporsioneel) is geneem van die aangewysde staatsgesondheidsorgfasiliteite in die Wes-Kaap, sowel as ’n nie-waarskynlike, doelbewuste steekproefneming van verpleegkundiges wat aborsiesorg verskaf, ’n nie-waarskynlike gerieflikheidsteekproefneming van vroue wat aborsiesorg ontvang het en ’n nie-waarskynlike, doelbewuste steekproefneming van finalejaar voorregistrasie verpleegstudente. Data is gegenereer met behulp van vraelyste aan onderskeidelik die vroue wat aborsies en/of berading ontvang het, die verpleegkundiges wat aborsies uitgevoer het, asook finalejaar voorregistrasie verpleegstudente. ’n Kontrolelys is gebruik om die aborsies wat deur verpleegkundiges uitgevoer is objektief en nie-deelnemend te observeer en semigestruktureerde onderhoude is met verskeie rolspelers in aborsiesorgdienste en -opleiding gevoer. Die hoofbevindings van hierdie studie dui daarop dat die nodige infrastruktuur waarbinne die dienste ingevolge die aborsiewetgewing gelewer kon word voldoende was, maar dat die voortslepende tekort aan opgeleide gesondheidsorgpraktisyns die aborsiesorgdienste kortwiek. Slegs 10 (n=10) van die 15 gesertifiseerde verpleegkundiges in diens van staatsgesondheidsorgfasiliteite het aktief aborsiesorgdienste aangebied in die onderskeie aangewysde fasiliteite in die Wes-Kaap. Leemtes is in die bestaande provinsiale protokol geïdentifiseer en dit het in die lig van nuwe navorsingsbevindings geblyk dat sommige van die riglyne óf nie in gebruik was nie, óf dat hulle intussen verouderd geraak het. Daar is bevind dat vroedvroue met toepaslike en doeltreffende opleiding die ideale kategorie gesondheidsorgpraktisyn is vir die verskaffing van aborsiesorg. Die gesertifiseerde verpleegkundiges wat deur die Departement van Gesondheid: Wes-Kaap se onderskeie streekskantore opgelei is, is vaardig in die uitvoer van die aborsieprosedure as sulks, maar die ander aspekte van aborsiesorg, wat meestal ook deur ander kategorieë verpleegkundiges uitgevoer word, sal waarskynlik groter aandag moet kry. Die aanbevelings is gegrond op ’n deeglike literatuurstudie sowel as op die bevindings en gevolgtrekkings wat uit die empiriese gedeelte van hierdie studie spruit en is vervat in ’n opleidingsraamwerk. Die navorser beveel aan dat die opleidingsraamwerk die grondslag sal bied vir die ontwikkeling van ’n formele program of programme vir die opleiding van verpleegkundiges in aborsiesorg aan hoëronderwysinstellings. Die doel van die voorgestelde raamwerk is dus om die konteks te bepaal waarbinne kurrikulering moet plaasvind, asook om ’n fokus of formaat te verskaf vir diegene wat die kurrikulum vir voornemende studente ontwikkel.

The most well-known events and occurrences that caused the American Revolution are well-documented. No scholar debates the importance of matters such as the colonists’ frustration with taxation without representation, the Boston Massacre, the Boston Tea Party, and the Coercive Acts. However, very few scholars have paid attention to how the 1772 English court case that freed James Somerset from slavery impacted American Independence. This case occurred during a two-year stall in the conflict between the English government and her colonies that began in 1763. Between 1763 and 1770, there was ongoing conflict between the two parties, but the conflict temporarily subsided in 1770. Two years later, in 1772, the Somerset decision reignited tension and frustration between the mother country and her colonies. This paper does not claim that the Somerset decision was the cause of colonial separation from England. Instead it argues that the Somerset decision played a significant yet rarely discussed role in the colonists’ willingness to begin meeting with one another to discuss their common problem of shared grievance with British governance. It prompted the colonists to begin relating to one another and to the British in a way that they never had previously. This case’s impact on intercolonial relations and relations between the colonies and her mother country are discussed within this work.

This dissertation analyses the idea that parliament controls public money in parliamentary constitutional systems of government. That analysis proceeds through an historical and contemporary examination of the way legal practices distribute authority over public money between different institutions of government. The legislative and judicial practices concerning taxation, public expenditure, sovereign borrowing, and the government financing activities of central banks are selected for close attention. The contemporary analysis focuses on the design and operation of those legal practices in the United Kingdom and the Commonwealth of Australia, in the context of the boom-bust-recovery economic conditions experienced between 2005 and 2016. The dissertation's ultimate claims are explanatory: that "parliamentary control" is a poor explanation of the distribution of financial authority in parliamentary systems of government and should be jettisoned in favour of an idea of "parliamentary ratification". An empirically engaged methodology is adopted throughout the dissertation and (historical and contemporary) public sector financial data enrich the legal analysis. The dissertation acknowledges the impact of, but remains agnostic between, different economic and political perspectives on fiscal discipline and public financial administration. The dissertation makes a number of original contributions. It provides a detailed examination of the historical development, legal operation and constitutional significance of annual appropriation legislation, and the legal regimes governing sovereign borrowing and monetary finance. It also analyses the way that law interacts with government behaviour in situations of economic emergencies (focusing on the Bank of England's public financing activities since 2008), and the institutional and doctrinal obstacles facing judicial involvement in disputes concerning public finance (focusing on the Australian judiciary's recent engagements with public expenditure legislation).

Recently, some in the anti-abortion movement have begun to assert that abortion harms women and access to abortion should be restricted or prohibited to protect women’s rights. This paper suggests that woman-protective anti-abortion (“WPA”) arguments could become more recognizable in Canada if other kinds of woman-protective legislation are adopted. In particular, this paper focuses on private member’s Bill C-510, an Act to Prevent Coercion of Pregnant Women to Abort (Roxanne’s Law). This paper suggests that Bill C-510 is problematic because its differential treatment of women reinforces historical stereotypes of motherhood and female vulnerability, the same stereotypes upon which the WPA relies. By reinforcing these same stereotypes, Bill C- 510 creates a climate in which WPA restrictions on access to abortion appear more reasonable. The paper concludes by suggesting that the existing aggravated circumstances sentencing sections in the Criminal Code already provide judges with discretionary powers to deal with offences like coerced abortion.

The conceptualization of this study is conceived out of the new abortion Act No.92 of 1996. Under this new Act a woman can procure abortion on demand within the first 12 weeks of pregnancy. The thrust of this thesis is based on the hypothesis that a woman's decision to seek abortion is a highly individual decision which neither the church nor one's culture can succeed imposing any control measures against. This essentially means that moral-ethical considerations engendered by one's religio-cultural orientation are in fact inconsequential for individual decision making and implementation. The secondary hypothesis is that while the above may be true, it does not necessarily exonerate the individual from her religio-cultural conditioning and thus creating a dissonance between the woman and her significant others. These may be one's family, church or any close associations . It is in this respect that the study examines three trajectories which, it is claimed, are constitutive of the Africa in contemporary communities. These are: the African traditional culture, the Christian heritage and the culture of human rights as practised within a democratic society. The study looks at the ramifications of what happens when these three perspectives interact, with a particular focus on abortion under the new abortion Act. A recovery of certain elements of African resources is argued for which, it is suggested, can hold in creative tension and healthy balance women's desire to exercise their reproductive rights while not compromising both their religious leanings and cultural roots. In this regard concepts of ubuntu, impilo, ubomi-mpilo and African spirituality are carefully examined and delineated with the eventual purpose of finding accommodative framework within the three trajectories numerated above. This thesis is by no means exhaustive . It is an exploratory study intended to open up a serious discuss!on, specifically on issues of human sexuality on which both the African culture and the Christian faith have been silent. But that silence, as the thesis goes on to show, has not been without its casualties, especially for African women. It is this dangerous silence which the study challenges and seeks to break.
Thesis (M.Th.)-University of Natal, Pietermaritzburg, 1998.

Defence date: 25 February 2000
Examining Board: Prof. Brian Bercusson ; Prof. Niklas Bruun ; Prof. Juha Pöyhönen ; Prof. Silvana Sciarra (supervisor)
First made available online on 23 February 2018

Defence date: 10 April 2015
Examining Board: Professor Ruth Rubio Marin, European University Institute, Supervisor; Professor Donatella Della Porta, European University Institute; Professor Reva Siegel, Yale University; Professor Paola Bergallo, Universidad de Palermo.
This thesis studies social movements and their interaction with legal institutions, particularly constitutional courts, in their pursuit to influence abortion law reform or counter-reform in Latin America. More generally, it intends to contribute to the study of the conditions and ways in which movements in civil society may influence legal change. It introduces an analytical framework that combines three theoretical perspectives developed in separate fields of scholarship, which are usually not connected: social movement theory, democratic constitutionalism and legal mobilization studies. The underlying premise, following democratic constitutionalism, is that social movements can be central actors in the generation of a discourse that begins from below and that may influence the law officially sanctioned by the state. The cases in this study - Colombia, Mexico, Brazil and Argentina - show that recent changes to the abortion laws in Latin America have responded to direct claims by feminist actors in civil society. Over the last decade, constitutional courts have sided for the first time in the region with feminists' claims to decriminalize abortion in certain circumstances, and their decisions have been in line with the human rights discourse and particular ways of framing the abortion issue advanced by feminists to ground their rights claims in this field. An analysis of the interaction between social movements and the legal system in each case is carried out through an analytical narrative, drawing on original semi-structured interviews conducted from 2010 to 2013 with social movement activists, lawyers, health professionals and academics in each country, as well as on primary source documents and secondary sources, mostly produced by Latin American feminists. The main case law by constitutional courts in each case is analyzed with attention to the socio-legal process developed around judicial decision-making, and the relationship between courts and social movements.

LL.M.
The right to life, which is guaranteed in section 11 of the Constitution, is a particularly important right in South Africa, especially seen in the light of the human rights violations of the apartheid-era. Firstly, this study conducts an analysis of the right to life and attempts to establish who the bearers of the right are; what the protected conduct and interests of the right are; who is bound by the right and what their responsibilities are; and whether the right can legitimately be limited in terms of section 36 of the Constitution. However, when we analyse the right to life in this way, certain problematic and controversial issues become apparent. Two of these issues are discussed in this study – namely abortion and euthanasia and assisted suicide. Before these issues can be adequately addressed, however, the study takes a stance on the value of human life, which forms the moral framework for the discussion of the specific issues. However, the primary focus of the study is the analysis of the specific issues relating to the right to life. The terminology relevant to the respective issues is discussed and the current legal position, including relevant case law and legislation, with regard to the issues is indicated. The arguments, counter arguments and alternative approaches to the issues are discussed and criticized, and consideration is given to the question to what extent the right to life, in cases of abortion and euthanasia, can legitimately be limited if the principled stance regarding the value of human life is accepted. In addition, some other jurisdictions’ experiences of and responses to these issues are also discussed. Finally the study concludes that human life (in all its forms) deserves the full respect and protection of the law, regardless of the quality of life or the capabilities of the individuals whose lives are at stake. Furthermore it is submitted that the state and every member of society has a special responsibility to respect and protect the most vulnerable and marginalised members of our community – instead of suggesting ‘quick fixes’ to desperate people.

The Choice on Termination of Pregnancy Act (CTOP Act 92 of 1996) is perhaps the most revolutionary piece of legislation internationally ever to have been promulgated to regulate abortion and as such women’s reproductive lives. Abortion research tends to focus on the experiences of women and thus cast abortion as solely a territory that represents women’s reproductive concerns and the power to choose to procreate. While the CTOP Act safeguards women’s right of choice and a form of determination relating to what happens to their bodies, it also fails to recognise or even make pronouncements about the role that a man plays in the choice to terminate a pregnancy as well as how abortion affects a man’s life. This therefore implies that legally, men do not have a stake to influencing the decision to terminate a pregnancy. This qualitative study was undertaken to explore how young unmarried males whose partners have undergone an abortion construct abortion and the meanings that they attach to the experience of abortion. Interviews were conducted and the data was analysed using discourse analysis. Some of the young men knew about the woman’s decision to have an abortion and others did not know. Common findings include a sense of helplessness due to feeling that the decision is ultimately that of the woman, anger for those who did not know about the decision to abort and a lack of forgiveness towards their partners.
Psychology
M.A. (Clinical Psychology)

In 2005 the Constitutional Court was faced with a challenge on the infringement of section 26 of the Constitution which provides for the right to housing, in sales in execution. The court had to determine whether selling a debtor's home for a trifling debt would be justifiable. However, the decision of the court brought about many questions if such a similar case was to be brought under insolvency law. The South African system provides little or no protection for debtors who may find themselves in a situation where they are unable to pay their debts and stand to lose their homes. The court provided guidelines that should be taken when a home of the debtor is to be sold thus preventing a blanket ban. The approach taken by the courts ensure that both the debtor and creditors interests are taken into account in order to reach a just and equitable decision. Many factors have to be considered such as interests of children, creditors and any other dependants in the case of one facing sequestration and the possibility of the home being sold. However, South African law does not provide for formal protection of the debtor's home unlike in other jurisdictions such as the United States of America and England. These jurisdictions have either provided for exemption or protection laws through legislation in which such laws provide for a debtor's fresh start. International human rights also have to be taken into account thus the need for updated legislation that conform to the values entrenched in the Constitution. The English system developed its legislation to provide for home protection through case law, a similar approach of which could be taken by South Africa to bring the insolvency law up to date. There is need for our insolvency legislation to provide for clearer guidelines that enable a debtor to have a fresh start in life at the same time ensuring that creditors' rights are not infringed on. The English system aims to provide for such balance as it provides for protection for a limited duration of time unless if the value of the home is of a low value then it is exempt. The South African courts have also considered the creditor's interests were the home is subject to security as there is re luctance on providing that such property be exempt or protected. The sanctity of a contract has to be honoured.
Dissertation (LLM)--University of Pretoria, 2012.
Mercantile Law
unrestricted

LL.M. (Commercial Law)
Applications for prohibitory injunctions or interdicts against payment under documentary credits are seldom awarded. However, both English and South African law provide alternative forms of relief. These alternative orders focus on how the beneficiary deals with the proceeds of the credit rather than the prevention of payment thereof. One such alternative is the Mareva injunction of English law which, through freezing the beneficiary’s assets, prevents the removal thereof from the area of the court’s jurisdiction once judgment is given. The South African equivalent of the Mareva injunction is known as the anti-dissipation interdict and has yet to be applied to the law of documentary credits by the South African courts. However the South African attachment application has been so applied. Therefore this dissertation seeks to conduct a comparative analysis between South African and English law Marevatype injunctions on the proceeds of documentary credits, focusing especially on the judgments handed down in Intraco Ltd v Notis Shipping Corporation of Liberia and Ex Parte Sapan Trading (Pty) Ltd. Chapters Two, Three and Four will explore the nature, development, requirements and effects of the injunctions and interdicts through local and international case law as well as the prospects of a successful application under each. Finally Chapter Five will critically analyse, comment and draw conclusions from Ex Parte Sapan Trading (Pty) Ltd.

This thesis appears to be the first academic recognition of the public trust doctrine at Canadian common law. Surprisingly, despite the explosion of the doctrine in the United States, there has been little consideration of the doctrine by Canadian courts and only one Canadian article on the subject. To date, Canadian interest in the doctrine has been primarily statutory. In essence, the public trust doctrine means that despite its ownership of natural resources, the government holds certain resources, such as navigable waters, on trust or in a fiduciary capacity for the public. The origins of the doctrine are somewhat vague, but can be traced back to Roman law and the English public rights of navigation and fishing. A review of these public rights reveals that at both law and economics, certain resources are "special" and inherently public in nature. A long and dusty trail through Canadian law reports reveals that Canadian courts have recognized a public trust with respect to navigation and fishing as well as highways. Although the public trust concerning navigation and fishing has lain dormant since the late nineteenth century, the distinctive features of the public rights of navigation and fishing which led both American and Canadian courts to declare a public trust, have been mirrored in Canadian law. Coupled with the initial Canadian recognition of the public trust, the foundations therefore exist for a modern common law revival of the public trust doctrine in Canada. The likely consequences of recognition of the public trust at Canadian common law are : (1) the recognition of a substantive right, and therefore legal standing, in members of the public to vindicate public trust interests; (2) the imposition of an affirmative fiduciary obligation on government with respect to trust resources; (3) the imposition of an administrative process on government with respect to supervision and disposition of public trust resources; (4) restrictions on alienation of trust resources, in particular the restriction that legislation is required to modify or extinguish public trust resources and, (5) in an environmental context, recognition of the importance of the natural environment and the special and inter-related nature of trust resources.

Defence date: 14 June 2018
Examining Board : Professor Giorgio Monti, European University Institute ; Professor Martin Scheinin, European University Institute ; Professor Wouter Vandenhole, University of Antwerp ; Professor Vibe Garf Ulfbeck, University of Copenhagen
The doctoral dissertation assesses the effectiveness of the current solutions for transnational corporate accountability in regard to human rights focusing on the United States, England, and Denmark from a critical perspective of Third World Approaches to International Law (TWAIL). This issue has evolved because corporations increasingly face human rights challenges in a competitive global business environment across different industries, including the textile sector, the extractive industry, and the oil industry to name a few examples. The thesis mapped out the current binding human rights obligations of corporations and compared the efficacy of the three jurisdictions’ use of transnational human rights litigation, multi-stakeholder initiatives (MSIs), the UN Guiding Principles on Business and Human Rights (UNGPs) and national action plans (NAPs). The legal frameworks form a necessary postmodern polycentric governance approach to the issue but are insufficient from a comparative- and TWAIL perspective in preventing or remedying corporate human rights violations because of their incoherent, uncertain and non-binding nature. The current frameworks do not adequately address the reality of certain developing states’ need to attract foreign direct investment by keeping their regulatory systems powerless. TWAIL scholars point out that in particular international financial- and economic institutions such as the World Bank, IMF, and WTO undermine developing states’ human rights governance capacity. To address this problem, the thesis assessed the added value of the UN Business and Human Rights Treaty Proposal from a TWAIL perspective and found that it has potential to solve the structural imbalances between companies and host states. However, the thesis proposes new treaty obligations for states, corporations, and international financial-and economic institutions to provide more legal certainty, greater democratic influence and access to justice for Third World human rights-holders than the current options provide. Compared to existing literature, this thesis contributes with a new profound legal and empirical analysis integrating recent case law to assess the efficacy of corporate accountability for human rights using both a Global North and TWAIL perspective. The thesis concludes that the proposed adjustments facilitate consensus on a binding multilateral treaty considering the economic and competitive advantages for both Global North- and South states and businesses as well as the empowerment of the transnational judicial system for Third World communities.
Chapter 3 'Judicial Accountability' of the PhD thesis draws upon an earlier version published as chapter 'Transnational corporate liability for gendered harms in the fashion sector from an American and Danish perspective' (2015) in the book 'Human rights and business : direct corporate accountability for human rights'

The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on par with their foreign counterparts. The prejudicial rule which governs proprietary consequences of marriage has raised difficulties for our courts in past and recent cases. The advent of a new constitutional dispensation in South Africa forbids discrimination based on sex, gender and marital status. Furthermore, the question is asked whether parties to a marriage with a foreign matrimonial domicile may rely on section 7(3) of the Divorce Act 70 of 1979. The classification of redistribution orders in private international law matters has given rise to uncertainty. The objectives of the study are to suggest workable alternatives to the current connecting factor for proprietary consequences of marriage in South African private international law and to investigate the availability of redistribution orders to spouses applying for divorce in South Africa.
Private Law
LL. M.

This dissertation deals with a theological-ethical evaluation of the Termination of Pregnancy Act of 1996 on the area of abortion on demand. It aims at empowering women and also solving the problem of backstreet abortion. Chapter one gives a brief introduction to the Termination of Pregnancy Act of 1996. Chapter two gives a historical background of abortion and the factors tbat eventually led to the Termination of Pregnancy Act of 1996. Chapter three focuses mainly on the teachings of the Roman Catholic Church on abortion. Issues relating to the value of human life are discussed in this chapter. Is~~es relating to the Termination of Pregnancy Act of 1996 and their theologicalethical in.Jplications are discussed in this chapter, i.e. chapter four. Empowering of women, sex education, instilling good moral values to the youth and also changing the pastoral attitude of churches towards sexuality can help to alleviate the problem of unwanted pregnancy.
Philosophy, Practical & Systematic Theology
M. Th. (Theological Ethics)

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions.
Criminal & Procedural Law
LLM

As a company is a juristic person it can only act through human agency. A question that arises because of this fact is under what circumstances a company can be held to a contract by a third party where its representative was unauthorised to enter into such contract. There should be a careful weighing and balancing of the interests of the shareholders and the company on the one hand and the contracting third party on the other. It is further important to have legal certainty on the validity and enforceability of contracts concluded by and with companies as the absence of certainty can hamper business dealings with companies which would have an impact on the economy. The common-law principles of agency form the foundation upon which representation within the context of company law takes place. The law of agency has been adapted in the context of company law to satisfy the unique needs that have originated in this regard. One such adaptation is the creation of the Turquand rule by the English courts which rule was taken over by the South African courts. One of the primary reasons for creating the Turquand rule was due to the harsh effect that the common-law doctrine of constructive notice had on third parties dealing with a company. In this study an examination of the current legal position regarding representation of a company in South Africa was undertaken. The history and development of the common-law principles of agency and doctrines that are unique to representation in a company law context are analysed and the relevant sections of the Companies Act 71 of 2008 are discussed. The integration of the common-law principles with the relevant provisions of the Companies Act 71 of 2008 is considered and recommendations are made in respect thereof. In support of the analysis, a comparative study was undertaken of the history and development of this subject matter in England. It was concluded that South African company law, with all its shortcomings and uncertainties is still to be preferred above the position in England.
Aangesien ‘n maatskappy ‘n regspersoon is, kan dit slegs deur middel van natuurlike persone as agente optree. ‘n Vraag wat as gevolg van hierdie feit ontstaan is onder watter omstandighede ‘n maatskappy deur ‘n derde party gebonde gehou kan word aan ‘n kontrak waar die maatskappy se verteenwoordiger nie gemagtig was om die kontrak aan te gaan nie. Daar behoort ‘n versigtige afweging te wees tussen die belange van die maatskappy en sy aandeelhouers aan die een kant en ‘n derde party wat met die maatskappy kontrakteer aan die ander kant. Dit is verder belangrik om regsekerheid te hê oor die geldigheid en afdwingbaarheid van kontrakte wat met maatskappye aangegaan word aangesien die afwesigheid daarvan besigheidsverkeer met maatskappye kan kortwiek wat ‘n impak op die ekonomie tot gevolg sal hê. Die gemeenregtelike beginsels van verteenwoordiging vorm die basis waarop verteenwoordiging binne die konteks van maatskappyereg plaasvind. Verteenwoordigingsreg is aangepas binne die konteks van maatskappye om voorsiening te maak vir die unieke behoeftes wat in hierdie verband ontstaan het. Een sodanige aanpassing is die skepping van die Turquand reël deur die Engelse howe, welke reël deur die Suid-Afrikaanse howe oorgeneem is. Een van die hoofredes vir die skepping van die Turquand reël is die onregverdige uitwerking wat die gemeenregtelike leerstuk van toegerekende kennis op derde partye gehad het wat met ‘n maatskappy onderhandel. ‘n Studie van die huidige regsposisie rakende verteenwoordiging van ‘n maatskappy in Suid-Afrika is hierin gedoen. Die geskiedenis en ontwikkeling van die gemeenregtelike beginsels van verteenwoordiging en leerstukke eie aan verteenwoordiging in die konteks van maatskappyereg is geanaliseer. Die betrokke artikels van die Maatskappywet 71 van 2008 word bespreek. Die integrasie van hierdie gemeenregtelike beginsels met die betrokke bepalings van die Maatskappywet 71 van 2008 is oorweeg en aanbevelings in verband daarmee gemaak. Ter ondersteuning van die analise is ‘n vergelykende studie van die gekiedenis en ontwikkeling van hierdie onderwerp in Engeland onderneem. Daar is tot die slotsom gekom dat die Suid-Afrikaanse maatskappyereg, met al sy tekortkominge en onsekerhede nogsteeds bo die posisie in Engeland te verkies is.
Mercantile Law
LL. M.

The Choice on Termination of Pregnancy Act (Act 92 of 1996) states that “reproductive rights must be guaranteed and reproductive health services must promote people’s rights to privacy and dignity”, but most communities seem to lack proper information about this legislative aspect. The purpose of the study was to explore the community’s perceptions regarding legal choice of termination of pregnancy in order to have a broader understanding how the community views termination of pregnancy, and whether they are able to access legal termination of pregnancy. An exploratory qualitative study was conducted. The exploratory and descriptive research assisted the researcher to have adequate time to explore and describe the community’s perceptions about termination of pregnancy. The researcher purposely selected participants who consult at a particular Tshwane hospital as most of this particular community members presents with complications of illegal abortions. Both men and women above 18 years had an opportunity to participate. Data was collected until saturation is reached. Thematic analysis was conducted. The findings reveal that the community still needs to be given more information about rights and laws surrounding termination of pregnancy. Recommendations were made to create more awareness and improve access.
Health Studies
M.A. (Health Studies)

The legalising of abortion in many countries has given women the choice or right to decide to terminate pregnancy. The Choice on Termination of Pregnancy Act (Act No 92 of 1996) was promulgated in 1997. This legislation promotes reproductive rights including to choose between having an unwanted pregnancy terminated early, safely and legally. The legislation affects both the women who choose to terminate pregnancy and the staff involved in the termination of pregnancy (TOP) procedures. This exploratory, descriptive and contextual qualitative study was designed to gain insight into the experiences of registered nurses in the procedure for termination of pregnancy and to explore recommendations based on these experiences. The researcher adopted a phenomenological approach. Participants were drawn from registered nurses providing TOP services at Soshanguve Community Health Centre near Pretoria. Registered nurses have the right to refuse to participate in TOP, those that do provide the service are exposed to emotional and psychological trauma.
Health Studies
M.A.

The South African government promulgated the Choice on Termination of pregnancy Act (CTOP Act, 92 of 1996). This was a dramatic declaration of intent unprecedented in the African continent and globally. This act changed the outlook of the practice of termination of pregnancy by ensuring that services play a critical role in the delivery of the service. This study, which is qualitative in nature, explored the experiences of Termination of Pregnancy service providers working in three designated public health institutions in the Limpopo Province. Interviews were conducted with six service providers to look at how they construct their practice of providing termination of pregnancy services. The information was analyzed and interpreted by means of a thematic analysis method. Major themes that emerged from the participants’ experiences centred on their relationship with family, colleagues, management, clients, and the community reflecting a sense of alienation and lack of adequate infrastructural support. Inadequate support has been found to greatly contribute to the loss of interest in the work around abortion.
Psychology
M. A. (Clinical Psychology)

Environmental management has increasingly become a critical approach for dealing with environmental issues. Implicit in this, is the premise that for environmental management to be effective, a systematic approach is imperative. For this reason, environmental management systems have emerged as the strategy for organizations within which environmental management initiatives are co-ordinated. While environmental management systems (EMS) are a necessary and important tool to achieve quality environmental performance and protection, experience with them illustrates how their adoption and implementation are constrained by a number of factors. EMS cannot operate in isolation. Rather, they need to be incorporated into an organization's overall management strategy. Using the Msunduzi Council as a case study, this study looks at the challenges and complexities that local governments, tasked with the protection of the environment at local level, encounter. The New England Road Landfill Site has been highlighted as a section of the Msunduzi Council where an Environmental Management System is entrenched. Research methods used to obtain data comprised a workshop and key informant interviews. Issues that emerged from the workshop informed and directed the analysis of the data. As research undertaken and conclusions drawn suggest, the adoption and implementation of an Environmental Management Framework or System ensures that environmental matters are tackled in a systematic and proactive manner within an organization. This in turn promotes quality environmental management and subsequently sustainable development.
Thesis (M.Sc.)-University of Natal, Pietermaritzburg, 2002.

Reproductive health is very important as it shapes a woman's whole life. Currently there are a lot of obstacles which deny women their rights to reproductive health. The aim of this research was to find out what obstacles deny women the freedom to enjoy their reproductive health in order to establish a contribution which can be used by the Department of Health to improve their services. Descriptive research was conducted, using a survey approach. Convenience sampling was utilized. Participants were selected from a sample of people attending the reproductive health clinic at a hospital and a clinic in the Northern Province. The findings indicate that women are not enjoying reproductive health rights due to low educational level, cultural and societal constraints, low socio economic status and the negative attitude of the providers, of reproductive health services.
Contraceptives
Family planning
Health and gender
Health rights
Reproductive choice
Reproductive health
Reproductive rights
Reproductive health care
Women's rights
Rural women
Health Science
M.A.Cur.(Nursing Science)