Masters Degrees (Business Law)
Recent Submissions
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The CRISPR patent landscape: a South African perspective.
(2020)The patent rights to CRISPR technology in different jurisdictions have been fought over tirelessly by both public and private actors. This battle has raised questions regarding the privatisation of publicly-funded research. ... -
The release of liability of a surety during business rescue proceedings.
(2019)Chapter 6 of the companies Act has attempted to resolve problems created by the ineffectiveness of judicial management which has failed to provide suitable alternative to the liquidation. The process of business rescue ... -
Balancing the rights of creditors and consumers when a home is sold in execution: what procedures should be followed?
(2020)The sale in execution of theprimary residence of a consumer has numerous implications. This is especially in light of section 26 of the Constitution of the Republic of South Africa, 1996(‘Constitution’) which gives people ... -
Ranking of creditors in business rescue proceedings: a critical evaluation of s135 (1) and (3) of the Companies Act 71 of 2008.
(2019)No abstract available. -
Small businesses and the South African Companies Act: does one size really fit all?
(2019)This dissertation will provide a critical analysis on whether the South African Companies Act adequately serves the needs and interests of small formal businesses in South Africa. In this regard, the thesis will determine ... -
The regulation of cryptocurrencies in the context of South Africa’s financial sector.
(2019)This research critically analyses a significant yet, uncertain area of law in South Africa - the regulation of cryptocurrencies. Cryptocurrencies are digital representations of value supported by cryptography and function ... -
Courts’ treatment of depression in the workplace: incapacity, poor performance, misconduct and disability.
(2019)No abstract available. -
Proudly South Africa campaign: the interplay between particular global trade policies and competition mechanisms with specific focus on the role of the WTO in developing an international competition policy.
(2019)This paper centres on a consideration of the ‘Proudly South Africa’ campaign and whether it is compliant with the general operations of the World Trade Organisation (WTO) and the National Treatment Policy in terms of ... -
The ranking of creditors’ claims during business rescue proceedings as envisaged in the Companies Act 71 of 2008.
(2019)No abstract available -
A critical analysis of the subcontractor’s builder’s lien.
(2020)This research paper looks at the South African common law right to lien as it currently stands as the only compensatory remedy for a construction subcontractor in the event of non-payment by the main contractor. The nature ... -
Towards development-centred trade relations: a study of South Africa and the USA trade relations with particular focus on the African Growth and Opportunity Act (AGOA)
(2019)With trade taking place continuously on a daily basis, its often-reported success gives the impression that all participants involved are to a certain extent somewhat successful too. This dissertation draws attention to ... -
A critical examination of reckless and predatory lending and how the National Credit Act 34 of 2005 seeks to prevent these practices.
(2019)The credit industry has evolved overtime in South Africa. In March 2006, the National Credit Act (hereafter NCA or the Act) was promulgated after repealing and replacing the Usury Act, Exemption Notices and the Credit ... -
Network marketing case study under the Consumer Protection Act, 2008: WorldVentures.
(2019)Statutory law provides a framework for consumer protection and specifically, the regulation of prohibited schemes in South Africa. The prohibition against fraudulent schemes has its roots in the Consumer Affairs (Unfair ... -
A comparative analysis of constructive dismissal in South Africa and within other international jurisdictions.
(2018)Abstract available in PDF. -
Restraint of trade clauses: does the enforcement thereof promote anti-competitive behaviour in South African law?
(2018)No abstract available. -
Impact of the regulation of unsecured credit on consumers: an analysis of the National Credit Act 34 of 2005 and its regulations.
(2018)In 2012, the National Credit Regulator (hereinafter the ‘NCR’), in its annual report, published a warning on the granting of unsecured credit, stating that the year saw an ‘unprecedented growth’ in the unsecured lending ... -
Einstatement of a mortgage agreement in respect of residential property: a discussion of the judgment in Nkata v First Rand bank ltd and its implications.
(2018)There is a lack of clarity in subsections 129(3) and (4) of the National Credit Act 34 of 2005 (the NCA) dealing with reinstatement of a credit agreement. These provisions state that a credit agreement can be reinstated ...
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