Browsing by Author "Sibisi, Siyabonga."

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Critically evaluating the machinery of the Domestic Violence Act 116 of 1998 for combating domestic violence in South Africa.
(2017) Sibisi, Siyabonga.; Khumalo, Khulekani.
There is an international law duty on South Africa in terms of the Convention on the Elimination of Violence Against Women (CEDAW) and the Convention on the Elimination of Violence Against Woman (CEVAW). Section 12 (1) (c) of the Constitution of the Republic of South Africa, 1996 guarantees a right to be free from violence either from a public source or a private source. South Africa ranks amongst the most dangerous countries in the world. It is submitted that intimate partner violence is at its peak. Domestic violence is a direct violation of various other rights including the right to life, equality, human dignity, privacy, labour and housing. The Domestic Violence Act 116 of 1998 (the DVA) was passed as a means to combat domestic violence primarily by issuing protection orders to victims of domestic violence. This dissertation affirms that the protection order is the core machinery in the DVA for combating domestic violence. However it is further submitted that there are other machineries within the DVA that may equally be effective. It is trite that domestic violence still rears its ugly head. There are various causes for this. On one hand, some argue that the machineries are ineffective, and on the other hand, some argue that they are not being properly implemented. Therefore, the purpose of this dissertation is to set out the core machinery for combating domestic violence and then to critically examine the advances made in the implementation of the same machinery, focussing primarily on the criminal justice system and the challenges they face while implementing the DVA and providing possible solutions.
The concept of separate legal personality in South African company law: A critical examination of its origins, developments and current application.
(2023) Myeni, Siphosethu.; Sibisi, Siyabonga.
Section 19(1) of the current Companies Act 71 of 2008 states that once a company is incorporated in accordance with this Act, it is considered as a juristic person and exists indefinitely until its name is removed from the companies register. It exists independently from its shareholders and controllers. This effect grants the company with characteristics of a natural person. This analogy implies complete independence of the company. However, this concept finds refuge from the English legal system and was later adopted by South African company law. This notion provides some legal protection to businesses and shields their owners from personal liability for the company's debts and commitments. Companies can use this to enter new markets, reduce their taxes, and take advantage of advantageous business environments. Furthermore, this doctrine promotes joint ventures and partnerships among enterprises from many countries, allowing them to share resources and risks. As a result, this allows international enterprises to benefit by conducting international transactions, expanding abroad, and entering contracts in foreign countries. However, like any other concept, it is susceptible to abuse. Individuals take advantage of it to benefit themselves. This is detrimental to the significance of this doctrine. This dissertation aims to look deeply into this concept, by examining its origins and influence throughout the years and during its current application in the South African legal framework and highlight instances where this doctrine will be set aside. This will be conducted by fully analysing Salomon’s case and the influence it has over current company law. More importantly, the author will further examine the significance of this doctrine in modern company law. This will be done by testing the application of this doctrine to modern corporations and challenges they face.