Browsing Magister Legum - LLM (Mercantile and Labour Law) by Title
Now showing items 60-79 of 156
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An evaluation of South African legislation to determine its adequacy in protecting employees discriminated against on the ground of sexual orientation
(University of the Western Cape, 2022)Unfair discrimination on the ground of sexual orientation, has become an area of concern for some employees. The Employment Equity Act 55 of 1998 (EEA), which was enacted to give effect to section 9(4) of the Constitution, ... -
The evolving role of the company secretary and its impact on corporate governance
(University of the Western Cape, 2020)This research paper has examined whether and to what extent current legislation must be amended to make provision for the evolving role of the company secretary. The significance of the problem will be discussed by considering ... -
An examination of the corporate governance failures and challenges at key South African SOEs and the implications on enterprise efficiency: A case study of ESKOM
(University of the Western Cape, 2023)Corporate Governance encapsulates a set of rules and corporate systems which have been established to steer a company in a certain direction. In the case of State-Owned Entities, these entities were established as a mechanism ... -
Examining privatisation as a solution to rescue South African state-owned entities
(University of the Western Cape, 2023)The term ‘state-owned entity’ (SOE) has no universal definition. ‘SOE’ refers to businesses founded by central and local governments and managed by government officials.1 An SOE can also be understood as a legal entity ... -
Examining the effectiveness of the Corporate Leniency Policy in combating cartels under the Competition Act in South Africa with specific reference to directors’ liability.
(2024)The economy is harmed by the behaviour of a director that engages in anticompetitive behaviour in the sense that consumers may suffer the economic consequences in the form of having lesser buying power. This restricts ... -
Examining the interplay between dismissals for operational requirements and automatically unfair dismissals in terms of section 187(1)(c) of the LRA
(University of the Western Cape, 2016) -
Exploring the adoption and implementation of national anti-dumping measures in Uganda in the light of regional and international trade obligations
(University of the Western Cape, 2017)A tariff on imports (or customs duty) is a government imposed financial charge or tax on imported goods. It can be levied as a percentage of the import's value or as a specified tax per unit cost. Countries have debated ... -
Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law
(University of the Western Cape, 2020)This research will chart and navigate the early stages in the development, conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a mechanism of legal redress in Islāmic law (Sharī’a). The research ... -
The extension of social protection to informal farm workers in South Africa
(University of the Western Cape, 2023)Social protection is regarded as a means to alleviate poverty. It provides workers with protection against socio-economic risks. However, not all workers have access to social protection. An example is informal farm workers. ... -
Extension of social protection to self-employed workers: Re-considering the need and the possibilities in light of the Covid19 pandemic
(University of the Western Cape, 2023)The research examines the implementation of social protection for self-employed workers within the context of South Africa. The paper argues that unlike formal employees, self -employed workers are excluded from accessing ... -
Extension of social security to the informal hospitality industry workers in South Africa
(University of the Western Cape, 2020)The hospitality industry is one of the largest economic sectors in the world.1 As a result, it is one of the top employment contributors, with its Travel and Tourism sector accounting for an estimated 10.3% of global GDP, ... -
The extent to which the fiduciary duties and liabilities of directors of state-owned companies facilitate good corporate governance in South Africa
(University of the Western Cape, 2023)Background: The legislative and policy framework governing the sector for State-Owned Entities (SOE’s) in South Africa is criticised for being legally fragmented, in addition to other governance concerns in the sector, ... -
The extent to which the South African law governing racial discrimination protects employees: A comparison between South Africa and Canada
(University of the Western Cape, 2022)During apartheid the lives of black South Africans were dominated by unfair discrimination on the ground of race. The creation of a new deracialised South Africa began with the dismantling of the legislation that existed ... -
Financial freedom in mobile money: the role of the central bank in Zimbabwe
(University of the Western Cape, 2020-04-19)This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe ... -
Foreign direct investment in Cameroon: establishing effective investment regulations
(University of the Western Cape, 2012)Foreign Direct Investment (FDI) began as a worldwide phenomenon in the 19th and early 20th centuries. Even then, it formed only a small portion of foreign investments for decades, as a greater percentage took the form of ... -
Freedom of association and union security arrangements in the republic of South Africa and the Federal Republic of Germany
(University of the Western Cape, 1997)In the history of labour relations, trade unions have played a major role in protecting the rights of employees and improving their working conditions. They have defended their members against exploitation by employers. ... -
Harmonisation of corporate governance laws in the Southern African Development Community
(University of the Western Cape, 2015)In terms of the SADC Regional Indicative Strategic Development Plan (RISDP), the main objective of the community is to achieve a monetary union through the creation of a regional central bank by 2016 and adoption of a ... -
The implementation of the socio-economic rights provisions of the African Charter on Human and Peoples’ Rights at the national level : a case study of Democratic Republic of Congo (DRC)
(University of the Western Cape, 2014)This mini-thesis examines the issue of the implementation of the socio-economic rights provisions of the African Charter on Human and Peoples‘ Rights (ACHPR) at the national level, in a case study of Democratic Republic ... -
Implications of patriarchal customs on the enjoyment of human rights by women and children in South Africa
(University of the Western Cape, 2023)This study argues that in South Africa, women and children lack sufficient knowledge about their human rights, specifically their cultural rights. Human rights are inherent in everyone simply because they are human. Human ...