Browsing by Author "Singh, Annette."

Now showing 1 - 10 of 10

The best interests of whose child? : an examination of African customary law in matters relating to children switched at birth.
(2018) Jali, Samukelisiwe Petunia.; Mpya, Maropeng Norman.; Singh, Annette.
Children switched at birth present not only emotional trauma but also a legal battle for all parties concerned. Thus the story of M and Z (an African boy and girl) switched at birth in OR Tambo Hospital on August 2, 2010 elucidates this challenge aptly. This challenge plays itself within the contested legal systems being the Common law system (Western Law) and African customary law, which bears different consequences for the same event of children being switched at birth. Therefore, the research interrogates the rules of African family law, particularly those related to children and their parenthood. Equally important is African laws approach to the legal status of the parents’ vis-à-vis the children switched at birth, as well as the compatibility of this approach with the Constitution and the Children’s Act. An analysis of similar cases of children switched at birth suggests that family mediation, a practice mandatory amongst African societies, must be used in such matters rather than lengthy court battles. Consequently, the benefits of family mediation and parenting co-ordination are discussed emphasizing the use of parenting agreements in resolving conflicts in matters relating to children switched at birth.
A comparative analysis of the carrier’s liability under the Hague Visby and Rotterdam rules.
(2016) Naidu, Mitisha.; Lamb, Deepa.; Singh, Annette.
This study provides a historical overview of the development of the carrier’s obligation to maintain a seaworthy vessel in contracts of carriage by sea, as well as a comparative analysis of the extent and duration of this obligation under the Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1968 (the Hague Visby Rules) and the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2008 (the Rotterdam Rules). The comparative analysis of the two carriage regimes undertaken in this study is of importance from a South African perspective as it examines whether the country should ratify the Rotterdam Rules in accordance with the recommendation made under the ‘Operation Phakisa’ project. The writer will briefly elaborate on the background and objectives of this governmental project in the study. This study briefly examines good shipping practices under the International Safety Management Code, 1994 (the ISM Code) and International Ship and Port Facility Security Code, 2002 (the ISPS Code) in the context of whether the extension of the duration of the carrier’s obligation to provide a seaworthy vessel under the Rotterdam Rules, imposes any additional duties on the ship owner. The study also explores the requirements that the parties to a cargo claim have to meet by analysing the burden of proof under both the Hague Visby and Rotterdam Rules. This examination includes an overview of the commonly invoked exceptions contained in both carriage regimes, particularly the negligent navigation exception and the reasons and possible cost implications of excluding this exception from the list of exceptions contained in the Rotterdam Rules.
Constitutional reform in Africa: positioning the new constitutional court of Zimbabwe in the transformation of civil and political rights.
(2019) Tembo, Simbarashe.; McQuoid-Mason, David Jan.; Singh, Annette.
This thesis investigated the prospects of the transformation of civil and political rights through the courts in Zimbabwe. The arguments made were based on the concepts of transformative adjudication and transformative constitutionalism as contemplated by Karl Klare. The adoption of a new Constitution in 2013 and the subsequent establishment of the Constitutional Court as the highest court in Zimbabwe made this study necessary. It is argued that the Constitution adopted in 2013 is transformative and the courts must ensure that the hopes and aspirations of the people embodied in the Constitution are realised. This argument is based on the understanding that there is a lack of political will to drive transformation through political or other legislative processes. Zimbabwe’s constitutional history was explored to make a case for transformation. Therefore, the views of scholars on constitutional transformation and transformative adjudication were considered. It was observed that court-led transformation would be an ambitious project given the volatile political situation in Zimbabwe where the denial of civil and political rights is used as a tool for silencing opposition and maintaining power by the political elite. It may be ambitious, but not impossible, for the Zimbabwean judges to take the lead on the transformation of civil and political rights. Lessons were drawn from the discussions of the South African Constitutional Court, and the Kenyan Supreme Court to carve a path for judiciary-led transformation. The study recommended a change of attitude and interpretative methods by Zimbabwean judges. The thesis also recommended that whilst engaging in judiciary-led transformation, judges should consider other adjudication methods to avoid conflict with the political arms in Zimbabwe.
A critical evaluation of nurse’s legal knowledge and its impact in preventing nursing malpractice in South Africa.
(2017) Mathuray, Medesha.; Singh, Annette.
Abstract not available.
An examination of substance abuse prevention programmes and their impact on minors who are prone to substance abuse in South Africa.
(2019) Ngcobo, Precious.; Singh, Annette.; Holness, Willene Audri.
No abstract available
An examination of the rights of the child to refuse medical treatment : a South African perspective.
(2015) Chetty, Prianka Roxann.; Singh, Annette.
Abstract not available.
The impact of the constitution on transforming the process of statutory interpretation in South Africa.
Singh, Annette.; Devenish, George Edwin.; Govender, Karthigasen.
No abstract available.
The mandatory reporting of child sexual abuse in South Africa.
(2021) Mpanza, Fortunate Makhosazane.; Singh, Annette.
This study aimed to examine the effectiveness of the legislation that protects children against sexual abuse, the factors that influence the mandatory reporting of sexual abuse in South Africa and how to incorporate different professionals mandated in the mandatory reporting of sexual abuse. In relation to that, the objectives were to examine the extent to which the legislation that protects children against sexual abuse in South Africa is effective in promoting the mandatory reporting of child sexual abuse; to examine the factors that influence the mandatory reporting of sexual abuse; to determine methods in which mandatory reporting can be improved to increase the reporting rate in South Africa; and to make recommendations for the compliance of mandatory reporting of sexual abuse. Study was a desk research and the findings were based on what was found by different researchers on the subject of mandatory reporting. Much focus was placed on prosecutors, police officers, psychologists, teachers and social workers as mandated reporters. It emerged from the study that some gaps still exist in the legislation that protects children against sexual abuse. Among the factors that have led to cases of sexual abuse not being reported was a lack of knowledge of the procedures for reporting, distrust among professionals, uncertainty about the outcomes of reporting, as well as a lack of faith in the judicial system. Inter-disciplinary efforts, the training of teachers on mandatory reporting and systemic interventions, among other methods, can be used to improve the mandatory reporting of the sexual abuse of children in South Africa. This study recommends the use of multiple and diverse interventions; the training of both professionals and the public on children’s rights and their obligations; placing social workers in community health settings; and investing more resources in the training of teachers as they are the ones that spend the most time with children among all the professionals.
The principles underlying the sentencing of juvenile offenders.
(2000) Singh, Annette.; Reddi, Managay.
No abstract available.
Tobacco control legislation : the challenges of enforcement mechanisms.
(2002) Buthelezi, Michael Celumusa.; Singh, Annette.; Reddi, Managay.
No abstract available.