Browsing Masters Degrees (Law Multidisciplinary) by Issue Date
Now showing items 1-20 of 23
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Liability of directors for reckless and fraudulent trading : the continuance of s424 (1) of the Companies Act 61 of 1973 together with the coming into force of s22 and s77 (3) (b) of the Companies Act 71 of 2008.
(2013)This research paper focuses on the s424 (1) of the Companies Act 61 of 1973. It is deals specifically with the wording of the section and how courts have interpreted it. It critically explains the most cherished principles ... -
The employee's right to privacy versus the employer's right to monitor electronic transmissions from the workplace.
(2013)Privacy is important because it represents human dignity or the preservation of the ‘inner sanctum’. Due to technological developments the operational concerns of employers are continuously threatened or challenged by the ... -
Fixed-term contracts and the reasonable expectation of renewal and the effect of the Labour Relations Amendment Bill 2012.
(2014)This dissertation aims to explore the nature of fixed-term contracts and their effect. Employees who are employed on fixed-term contracts usually develop a reasonable expectation of renewal. A reasonable expectation may ... -
The sustainability of the Rotterdam Rules in modern multimodal transport : the possibility of harmony for liability under multimodal carriage contracts.
(2015)With the advent of containerisation in the 1960s, there was a significant need to alter the traditional legal approach to the long-distance haulage of goods. The use of containers made it possible for goods to be transported ... -
Foresight of the causal sequence as a requirement of dolus eventualis in consequence crimes :
(2015)Dolus eventualis is an important aspect of South African criminal which has undergone certain modifications. One of these modifications was formulated in 1989 in the case of S v Goosen. Before the decision of Goosen, the ... -
The judicial defense for affirmative action measures : a critique of the rationality standard of judicial review.
(2015)The South African Constitution states that in order to promote the achievement of equality, legislative and other measures designed to protect those disadvantaged by unfair discrimination may be taken. One of these measures ... -
Advance directives and euthenasia in frail care and the terminally ill.
(2015)Abstract not available -
An evaluation of the legal framework governing noise control in South Africa.
(2015-05-21)Rapid industrialisation in countries around the world has resulted in an increase in various types of pollution. Noise pollution is one example of such pollution. Like other types of pollution, for example water and air ... -
An appraisal of the implementation of the UNCCD in Africa : a case study South Africa, Cameroon, Kenya and Morocco.
(2015-06-19)This dissertation examines the implementation of the United Nations Convention to Combat Desertification and/ or Drought particularly in Africa, (hereinafter referred to as the UNCCD). It reveals that of the 41 per cent ... -
Local government and the protection of the environment : an analysis of the functional areas of 'municipal planning' and 'environment'.'
(2015-06-19)The Constitution brought about fundamental changes to the structure of government in South Africa. The national, provincial and local spheres of government are defined as being distinctive, interdependent and interrelated. ... -
A critical analysis of the implementation of the Maintenance Act 99 of 1998 : difficulties experienced by the unrepresented public in the Maintenance Court as a result of the poor implementation of the Act.
(2015-06-19)Maintenance law in South Africa is based on the existence of the common law concept of the duty of support between dependant parties. As a result of this duty of support, parents are obliged to support their children whilst ... -
Pregnancy in the workplace : a consideration of section 187(1)(e) of the Labour Relations Act.
(2016)Prior the Republic of South Africa’s Constitution Act 108 of 1996, standards regarding fairness and equality of women in the labour market left much to be desired. Additionally, section 187(1)(e) of the Labour Relations ... -
A critical and comparative analysis of the expression "ordinarily resident" as a criterion for determining the place of residence of an individual in the context of income tax legislation in South Africa and certain other juristictions.
(2016)The nexus between a natural person’s income and their liability to tax in South Africa on their income, regardless of the location of its source, subject to statutory relief and international agreements, is the individual’s ... -
Protecting fixed-term contract employees In South Africa : the past and the present.
(2016)The aim of this dissertation is to assess whether or not fixed-term contract employees are adequately protected in South Africa as those who form part of a non-standard workforce. This assessment will provide a detailed ... -
Sentencing juveniles according to the Child Justice Act: a critical evaluation of application of the principle that "detention must be a measure of last resort and for the shortest possible period of time" in the case law.
(2016)The 1990s gave momentum to the Child Justice Movement motivated by the need for a separate criminal justice system to deal with juvenile delinquency. The movement’s focus was on law reform, child detention, and restorative ... -
Critically evaluating the machinery of the Domestic Violence Act 116 of 1998 for combating domestic violence in South Africa.
(2017)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) ...