College of Law and Management Studies
Recent Submissions
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Back to the future: in light of present - day research, would AB v Minister of Social Development have been decided differently?
(2021)This study investigates whether the case of AB v Minister of Social Development would be decided differently in 2020. The AB case was heard in 2015 and revolved around the ‘no double- donor’ requirement, which is a ... -
The impact of foreign ownership on firm performance: evidence from South Africa.
(2020)The inflow of Foreign Direct Investment (FDI) is an important source of finance for South Africa. The South African government continuously attempts to attract more FDI to improve economic growth. Several studies have ... -
An analysis of the international regulation of hazardous waste from a South African perspective.
(1996)Abstract available in the PDF. -
Protection of the environment through the application of section 24G of the National Environmental Management Act, 107 of 1998.
(2018)Listed / specified activities are undertaken following authorisation through an environmental impact assessment process. It is an offence to commence them without authorisation, which may attract sanctions through ... -
An analysis of revenue management in water and sanitation in Harry Gwala and Ugu water services authorities.
(2019)Local government municipalities in South Africa are beset by poor revenue collection and management and the Harry Gwala and Ugu WSAs are no exception. In this regard, public finance is a decisive and overriding factor in ... -
Strategies for dealing with mandatory audit firm rotation as proposed by accounting professionals in KwaZulu-Natal.
(2019)On 1 June 2017, the Independent Regulatory Board of Auditors (IRBA) approved the implementation of mandatory audit firm rotation (MAFR) for all Johannesburg Stock Exchange (JSE) listed companies. The IRBA is of the opinion ... -
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 ... -
The use of land restitution as a means of protecting indigenous knowledge systems for the purpose of realising food sovereignty.
(2019)This mini-dissertation will explore the Indigenous Knowledge Systems and food sovereignty in light of South Africa's stance on land restitution. It will critically discuss Indigenous Knowledge Systems as they relate to ... -
Firearm control in South Africa: the implications of not allowing a citizen to possess a firearm, for the purposes of self- defence.
(2019)Violent crime in South Africa is at an all-time high. In South Africa, scholarly studies suggest that a firearm is mainly used in the commission of violent crimes. Police interventions and legislation aimed at curbing this ... -
The crime of genocide under international and South African law: a critical race perspective.
(2019)The racial politics of international criminal law has been the subject of controversy for a considerable amount of time. The conceptualization of “race” in the crime of genocide has, in particular, been persistently ... -
Derivative misconduct and the reciprocal duty of good faith: employee silence in identifying perpetrators of misconduct.
(2019)The reciprocal duty of good faith is recognised in our South African labour law which requires employees to not behave in a manner that is detrimental to an employer’s enterprise and should at all times remain faithful and ... -
The dawn of unmanned and autonomous vessels and the legal consequences of a M.A.S.S. collision.
(2019)Technology is developing at a rapid pace and the world is now faced with the introduction of unmanned and autonomous vessels. This dissertation analyses the attribution of legal liability for collision damage caused by ... -
A statutory analysis of ocean governance in South Africa with a focus on the Marine Spatial Planning Act 16 of 2018.
(2020)One of South Africa’s greatest assets has been its ocean and the business it brings with. The economic opportunities presented by the ocean are noted by legislatures by all coastal States alongside the need to coordinate ... -
An investigation into critical legal issues surrounding dental botox.
(2020)An unnaturally expressionless, vapid face with skin that appears to be drawn way too tight, is often the image that flashes to mind when we hear the word “Botox”. Yet when done correctly, this aesthetic procedure guarantees ... -
The health, ethical and legal implications of non-adherence to treatment amongst patients infected with tuberculosis. (The HEAL study)
(2019)Despite global efforts to eradicate tuberculosis (TB), it remains a significant cause of morbidity and mortality. In South Africa, healthcare represents the fourth highest area of annual expenditure, however the prevalence ... -
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 ... -
An investigation of the knowledge and attitudes of kinship care amongst social workers employed by the Department of Social Development in KwaZulu-Natal: implications for child protection policy and practice.
(2020)Although kinship care is historically a valuable source of care and support within the social structure of families in Africa, however it is not a legally recognised form of alternative care option in South Africa. The ... -
How do the 2015 LRA amendments impact on widespread practice in relation to TES employees?
(2019)In 2014, the Labour Relations Act 66 of 1995 went through significant changes that were aimed at improving the protection of workers in non-standard employment relationships. It is an undisputed fact that prior to the ...
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