Browsing Magister Legum - LLM (Mercantile and Labour Law) by Title
Now showing items 10-29 of 156
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An analysis of trademark infringement by dilution under South African law
(University of the Western Cape, 2020)The rights relating to a trademark are said to be found in the fact that proprietors have acquired goodwill and a repute in their mark. Trademark law has always protected that aspect of what a trademark embodied, inter ... -
The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa : foreign precedents and local choices
(University of the Western Cape, 2016) -
The application of the business judgment rule in fundamental transactions and insolvent trading in South Africa: foreign precedents and local choices
(University of the Western Cape, 2016)The so called business judgment rule (hereinafter referred to as ―the BJR or the rule‖) that serves to protect directors from liability for negative consequences of honest, reasonable business decisions that went wrong, ... -
The appointment of a SARS official as facilitator in alternative dispute resolution proceedings: is it a violation of a taxpayer’s right under section 34 of the Constitution?
(2024)In each year of assessment, qualifying taxpayers are, by virtue of the relevant provisions of the Income Tax Act 58 of 1962 read with the Tax Administration Act 28 of 2011 (‘TAA’), required to submit an income tax return ... -
Appraisal of South Africa’s legislative adoption of the twin-peaks system in light of international experiences
(University of Western Cape, 2021)The 2007-2008 global financial crisis demonstrated the weakness of a light-touch financial regulatory system. The global financial crisis thus formed the basis for countries to reconsider a model of financial regulation ... -
Are employees suffering from depression in the South African workplace protected by the existing disability provisions within employment law?
(University of the Western Cape, 2017)Depression is a mood disorder that negatively affects the way in which a person feels about himself or herself. This can ultimately affect an employee's ability to work, through reducing his or her capabilities to perform ... -
An assessment of the constitutionality of the directions and regulations issued to local government during the Covid-19 state of disaster
(2021)President Cyril Ramaphosa first addressed the nation regarding the Covid-19 pandemic on the 15th of March 2020, when he announced the national state of disaster in terms of the Disaster Management Act (DMA) to prevent the ... -
An assessment of the laws that aim to protect employees against discrimination on the ground of disability: a comparative analysis
(University of the Western Cape, 2023)South Africa is known for its history of unfair discrimination. During apartheid persons with disabilities, women and black people were subjected to unfair discrimination and research shows that this is still the case. ... -
Bad office politics: victimisation and intimidation in the workplace
(University of the Western Cape, 2013) -
The British exit from the European Union and its effects on existing legislation and other member states
(The University of the Western Cape, 2017)The European Union (EU) was formed so as to maintain peace and to unify Europe in a bid to ensure that the events caused by the Second World War would never be repeated again. The idea was to bring the nations together ... -
The challenges posed by mandatory minimum sentence legislation and recommendations for improved implementation
(University of the Western Cape, 2003)Towards the end of 1997 Parliament unanimously enacted legislation that prescribe severe mandatory sentences for a large number of serious offences. Sections 51, 52 and 53 of the Criminal Law Amendment Act1 (hereinafter ... -
The changing face of collective bargaining
(University of the Western Cape, 2001)The International Labour Office submitted that Collective bargaining is an evolving social institution, subject to continuing process of change and growth. As practiced today in many countries, it is far different from the ... -
China in Africa: neocolonialism or mutual relationship?
(University of the Western Cape, 2024)As China’s investment in Africa continues to show unprecedented growth, 1questions are being raised about many aspects, including the infrastructure for ordering economic relations. The principal legal instruments that ... -
Collective bargaining in the digital platform economy
(University of the Western Cape, 2022)Collective bargaining is a process in which collective negotiation takes place between an employer and groups of employees who are represented by trade unions with conflicting interests seeking to reach an agreement.1 ... -
Combating financial misconduct by ensuring the implementation of a financial literacy requirement for directors and audit committee members
(University of Western Cape, 2021)Before the 1990s, corporate governance was a very rarely used term within the business world.1 Corporations over time have become more influential, larger and more complex within the global economy; therefore to ensure ... -
A comparative analysis of community mediation as a tool of transformation in the litigation systems of South Africa and the United States of America
(University of the Western Cape, 2016) -
Compliance with international standards on compensation for occupational injuries and diseases by Zimbabwe and South Africa
(University of the Western Cape, 2015)This mini thesis provides a comparative study on two Member States of the ILO. These are, namely: South Africa and Zimbabwe. The purpose of this research is to find out whether Zimbabwe and South Africa are complying with ... -
The conflicting aspects of economic development within economic partnership agreements: will they promote development? a case study of the East African community economic partnership agreement
(University of the Western Cape, 2009)After negotiations since September 2002, 1 35 African Caribbean and Pacific (ACP) countries, out of 79 initiated new trading arrangements with the European Community (EC) in November and December 2007. For these ACP ... -
Consumer protection in the Kenyan financial sector: A case for a Twin Peaks model of financial regulation
(University of the Western Cape, 2019)The dynamic character of the financial services industry necessitates frequent appraisal of the regulation of the sector. The main objectives for regulation of the financial sector include financial stability, promotion ... -
Corporate criminal liability in South Africa
(University of the Western Cape, 2019)Criminal law defines certain standards of human behaviour as crimes, which is inherently linked to culpability and requires proof of an accused's mental state and is enforced through a system of state punishment. As a ...