Browsing Business Law by Title
Now showing items 84-103 of 138
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The impact of the precautionary principle and the SPS agreement on international trade.
(2012)WTO Agreements have failed to adequately cater for the needs of developing countries. The WTO Agreements, particularly the SPS Agreements has failed to take into account the special needs of developing and least developing ... -
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 ... -
The influence of the general anti-avoidance rules on tax avoidance schemes and the significance thereof for tax payers and tax advisors in South Africa.
(2017)Abstract available in PDF file. -
Intellectual property laws and the protection of traditional knowledge in South Africa : an evaluation of the current intellectual property system and its protection of traditional and indigenous knowledge.
(2014)The aim of this paper is to consider the debate amongst the various views regarding the Protection of Traditional Knowledge in South Africa. In the process, it will define Traditional Knowledge and provide some examples. ... -
The interface between the Insolvency Act 24 of 1936 and the National Credit Act 34 of 2005.
(2013)The Insolvency Act 24 of 1936 regulates the debtor’s estate when sequestrated for the benefit of creditors. The debtor must prove that sequestration will be to the advantage creditors and as such creates a stumbling block ... -
Investor protection in empowerment schemes of arrangements and joint ventures.
(2001)In this paper, I have attempted to highlight the problems that face investors, both black and white, in South Africa, especially in the light of the effects of the new legislation promulgated after apartheid was abolished. ... -
Law of money, value and payment.
(2002)Societies have, since time immemorial, traded real goods and services for expectations of goods and services in some future. These expectations have been associated with tangible and, lately, intangible property - which ... -
A legal analysis of the regulation of pyramid/ponzi schemes in South Africa with specific focus on the following; the R699 car deal scheme and the travel scheme World Ventures.
(2018)Pyramid and Ponzi schemes are classified as a white-collar crime due to their fraudulent nature and non-application of physical violence. The primary intention of these types of schemes is to extract considerable financial ... -
The legality of the exclusion of overrepresented groups from appointment and the concept of employment equity in light of the solidarity Obo Barnard case.
(2018)Employment equity is a very crucial component in a country such as South Africa whose history is plagued with decades of unfair discrimination. Affirmative action measures attempt to provide equal opportunities to previously ... -
A liberal interpretation of section 131 of the Companies act 71 of 2008 in light of Richter v ABSA.
(2019)Business rescue is a corporate rescue system in South African law that has replaced judicial management. An applicant in a business rescue application in terms of section 131 of the Companies Act 71 of 2008 has to satisfy ... -
The link between reckless credit and emolument attachment orders.
(2018)South Africa has experienced significant levels of reckless credit thus leading to over-indebtedness of consumers. Furthermore, research conducted in 2008 and 2013 by the University of Pretoria indicated that there were ... -
The Madrid Protocol: an analysis of the rationale regarding South Africa’s possible accession to the protocol relating to the Madrid Agreement concerning the International Registration of Marks.
(2018)Where South Africa’s accession to the Madrid Protocol has not been confirmed by any state entity or government, there are numerous legal practitioners and academics who have alluded to the possibility of South Africa ... -
The nature and effect of section 56 of the Consumer Protection Act 68 of 2008 and the uncertainties surrounding it.
(2017)Consumer protection is a global phenomenon and has seen many countries enact legislation in an attempt to protect consumers from exploitation. Consumers have been exploited in a number of ways, one of which is the sale ... -
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 ... -
Non-governmental organizations and land policy in Zimbabwe.
(2015)There is widespread debate on what constitutes civil society and its importance in development and poverty reduction. The debate has been on-going since the term was coined by Aristotle during antiquity. The concept of ... -
"Pay now, argue later" rule in the South African tax law : a critical analysis.
(2015)The adoption of the Constitution by the Constitutional Assembly in 1996 heralded an era of hope for South Africa. An era devoid of repression and discord, where, the Constitution and not Parliament, reigns supreme. ... -
Perceptions of school principals on the involvement of teacher unions in filling promotional posts in Maphundu Circuit, Umlazi District, KwaZulu-Natal.
(2016)This study is based on investigating the principals’ perceptions on the involvement of teacher unions in filling promotional posts in schools within Maphundu Circuit, Umlazi District. The rationale behind it was to ... -
The position of 'low income low asset' (LILA) debtors in South Africa : the need for legislative reform.
(2015)Consumer over-indebtedness affects anyone in the world whether rich or poor. However, it is a common feature amongst the poor or rather the low income earners, since they will from time to time find other means to subsidise ... -
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 ...