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Reckless credit lending: the credit provider’s duty to ascertain the true financial position of the consumer.
(2025) Pillay, Tahlia Lee.; Woker, Tanya Ann.
The National Credit Act 34 of 2005 (hereinafter referred to as ‘the NCA’) was promulgated with one of its primary aims: that consumers are treated fairly and, by extension, not subjected to over-indebtedness by eager credit providers. When the NCA was introduced, credit providers were given latitude to devise their own pre-agreement assessments that would be used to ascertain whether credit should be granted to prospective consumers. Several inherent flaws in the credit-lending legislation were brought to light over the years, with judicial bodies having to determine whether reckless credit lending had occurred. Numerous National Consumer Tribunal (hereinafter referred to as ‘Tribunal’ or ‘NCT’) judgments pointed out instances where credit providers such as banks and retailers had taken advantage of consumers by granting credit, which led to their over-indebtedness. This is when the Department of Trade and Industry (hereinafter referred to as ‘the DTI’) realised that there was a need for a regulatory addition to the NCA to curb reckless credit lending further. As a result, the Affordability Assessment under Regulation 23A came into operation. The Regulation called for all pre-lending assessments to follow a set of compulsory practices. The objective of the Affordability Assessment Regulation was to create strict parameters for credit providers to fall within so as to avoid granting credit to consumers who could not afford another debt. Credit providers are also given the discretion to grant credit when consumers fall below the threshold in the minimum expenses table when exceptional circumstances justify such deviation. No indication has been given as to what constitutes exceptional circumstances in relation to the Affordability Assessment. Recent case law dealing with the Affordability Assessment Regulation has concluded that an investigation needs to be conducted by credit providers if consumers make a disclosure relating to their financial status. However, these decisions have yet to set out the parameters of such investigation and when the investigation should be prompted. This leaves the question of whether it is at the discretion of credit providers based on what information consumers have disclosed. Alternatively, should there be a list of categories that will determine which disclosures should be investigated? Currently, the Affordability Assessment Regulation and literature remain silent on these issues, and recent case law needs to be analysed in order to answer these questions. The purpose of this mini-dissertation is, therefore, to investigate the credit provider’s duty to ascertain the consumer’s true financial position.
Unchartered waters: mapping the potential legal concerns and current legislative measures governing social media influencer marketing in South Africa.
(2024) Naidoo, Gabrielle Michaela.; Bellengere, Devarasi.
Abstract not available.
A critical analysis of the protection of informal rights in land against mining related land deprivations.
(2024) Mntambo, Senzeka.; Parker, Judy.
In South Africa, land issues have always been a source of conflict. The recent years have seen the rise of conflict between the holders of informal rights in land and mining companies. These conflicts occur when the holders of these rights in land must be dispossessed of their rights in land to make way for mining. The process of dispossession creates a problem because the holders of informal rights contend that they cannot be removed from the land they possess without their consent. On the other hand, mining companies argue that they are only required to consult with the holders of informal rights in land, and getting their consent is not a requirement.These two conflicting positions were created by the two pieces of legislation that regulate these fields. The Interim Protection of Informal Rights in Land (IPILRA) which caters for the protection of informal rights requires that holders of informal rights in land cannot be dispossessed of their rights in land without obtaining their consent. On the opposite, the mining industry is regulated by the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) which instructs mining companies to consult with people who will be affected by the mining. The contestation between the parties has been recently decided by courts of law. In the case of Maledu and Baleni, it was decided that the Acts are not in conflict with one another therefore holders of informal rights in land must be consulted and they must give their consent before deprivation of their rights in land. This is the current legal position regarding this issue, however, there have been serious issues raised against the ruling on both judgments. The purpose of this thesis is to thoroughly discuss the position taken by these judgments. It will look at how they enhance the protection of informal rights in land as required by even the Constitution. It was viewed as a victory for holders of informal land rights, hence it is necessary to interrogate the position in terms of its sustainability as IPILRA is a temporary Act that is renewed yearly. If the Act is replaced by another one that does not offer the consent requirement, everything will suddenly change.The thesis will further engage the criticism levelled against the decision of the courts. The rulings are criticised on the basis that they erode the powers of the State as the custodian of minerals to grant mining and prospecting rights. It further elevates holders of informal rights in land above those with formal rights in land. This creates an unfair inequality between the two forms of rights in land. Another important issue is surrounding the practical implementation of the consent requirement. This is based on the challenges that will arise in the process of obtaining consent from the people. As a result, a foreign jurisdiction’s legal position will be investigated to get some possible solutions to this issue.
The effectiveness of labour legislation in regulating child labour in South Africa: a comparative study of Uganda and the United States of America.
(2023) Joseph, Judell-Lesha.; Subramanien, Darren Cavell.; Kuhn, Rosemary Jean.; Tenza, Mlungisi Earnest.
The purpose of this study was to analyse the adequacy of South African labour legislation in regulating child labour in South Africa. The study consisted of two parts: a theoretical analysis and an empirical study. The theoretical aspect encompassed a comparative analysis between the South African legislation and policies governing child labour, international regulations on child labour, and the legislation and policies of Uganda and the United States of America on child labour. The study evaluated these South Africa’s minimum standards against the child labour legislation in Uganda and the United States of America. The study investigated the minimum standards under international law for the minimum age of employment, the protection of children from the worst forms of child labour, and the protection of children from excessive and detrimental activities that impede their right to education. The empirical study consisted of an investigation regarding the challenges in addressing of child labour in the city of Pietermaritzburg. The findings between the empirical study and the comparative analysis of the legislative framework highlight significant discrepancies in labour legislation regulating child labour in South Africa. This provides insight regarding the challenges that labour inspectors and social workers encounter in addressing child labour in Pietermaritzburg . The findings of the empirical study highlight those deficiencies that exist in current child labour legislation. The study evaluated the findings of the empirical research against the gaps presented in the comparative analysis between national and international law. This highlighted weaknesses in the current child labour framework in South Africa. The study provides suggestions on how legislation could be improved to enhance the protection of children from child labour. In addition, the study makes recommendations on how government, businesses and society need to collaborate with each other to eradicate child labour.
The recasting of female gender roles: an analysis of the representation of female protagonists in Bollywood Cinema (National Film Awards 2010–2018)
(2026) Ramlutchman, Nisha.; Sewchurran, Anusharani.
Hindi cinema, popularly referred to as ‘Bollywood’, is a part of the wider Indian film industry, which includes regional language cinema such as Bhojpuri, Marathi, Tamil, Malayalam, Telegu and others. Hindi cinema is enjoyed across the globe, beyond the Asian sub-continent, extending to, for example, South Africa, Nigeria, Russia, Australia, Greece, Canada and the United States of America. With the expansion of the Indian diaspora across the world and internet-driven globalisation, Hindi films are today viewed as a transnational cultural force. This research investigates whether Indian National Film award-winning performances in the category of ‘Best Actress’ lead to a recasting, or any evolvement, in the representation of female gender roles in selected Hindi films. Film production in India exceeds over one thousand films annually, of which Hindi cinema’s contribution accounts for approximately 340 films (Galalite Screens, 2025). Concomitant with its global transnational reach, Hindi cinema also plays a crucial role in the construction and circulation of dominant social norms, cultural values and Indian identity. It can be argued thus that Hindi cinema’s global visibility magnifies its position as an ideological apparatus. Specifically, the thesis analyses four films between 2010–2018: The Dirty Picture (2011), Queen (2013), Tanu Weds Manu Returns (2015) and Mom (2017). Through the theoretical framework of feminist film theory and interpretive paradigm of social constructionism, the study explores three key research questions: (i) how female characters in the films under analysis appear on screen (the ‘presences’) and thus, how do they not appear (the ‘absences’); (ii) how do these representations reflect broader constructions of female gender roles; and (iii) how the issue of women representation is reflected in Hindi (National Award) films today in comparison to traditional and stereotypical representation of women in mainstream Hindi films. A qualitative methodological approach addresses these questions, through a combination of a close reading (textual analysis) of each film and a reflexive thematic analysis to identify recurring motifs across the films. Purposive sampling was used in the selection of the films as the period is marked by a heightened visibility of women in Hindi cinema. The study identifies three recurring absences across all four films: stable professional identity (episodic depictions of career, largely unexplored); recognised legitimacy (recognition in the domestic domain in conditional and gatekept ways); and substantial sexual desire (desire is either commodified, a spectacle, sanitised, ignored or not selfauthored). The study highlights that whilst women may appear as narratively central figures, this centrality does not result in a meaningful shift (a recasting) of female representation on screen. National award-winning films echo female stereotypes and key figures prevalent in mainstream Hindi cinema such as the vamp, the obedient daughter, the contrite (and eventually dutiful) wife and the self-sacrificing mother. The study recommends that scripts should be crafted that explore durable female agency with stable and sustained professional identities; self authored sexual desire and unconditional domestic recognition. A further recommendation is for the expansion of female presence ‘behind-the-scenes’ to shift the gendered narrative structure and move towards more authentic, multi-faceted and complex depictions of women.