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Effects of multiple trade unions in public institutions of South Africa: The case of Ekurhuleni East Technical and Vocational Education and Training College
(University of the Western Cape, 2019)
The power and influence of unions in South Africa is often associated with creating maximum
beneficiation for their members. This is based on their ability to, among other things, mobilise
industrial action and represent ...
Evaluating the enforcement of World Trade Organisation dispute settlement decisions
(University of Western Cape, 2019)
The World Trade Organisation (WTO) deals with regulation of trade in goods, services and
intellectual property between participating countries by providing a framework for negotiating
trade agreements.1 Furthermore, it ...
Evaluating the legal framework of the hybrid court for South Sudan
(University of the Western Cape, 2019)
The Republic of South Sudan became independent from the Republic of Sudan on 9 July 2011.
South Sudan has an area of 644, 329 km2 and a total estimated population of around 12, 6
million.1The original state of Sudan was ...
Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
(University of the Western Cape, 2019)
There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ...
A revised role of good faith in the law of contract and employment contracts
(University of the Western Cape, 2019)
Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has ...
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 ...
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 ...
Developing a sound legal and regulatory framework for special economic zones in Malawi
(University of the Western Cape, 2019)
Export Processing Zones (“EPZs”) were introduced in Malawi in 1995. EPZs are one of several types of Special Economic Zones (“SEZs”). The legal and regulatory framework for the Malawi EPZs was established by the Export ...
The importance of Bilateral Investment Treaties in relation to the protection and promotion of investment in Africa
(University of the Western Cape, 2019)
There is a growing concern around new patterns of negotiating international
investment agreements vis-a-vis the recent withdrawals from Bilateral Investment
Treaties (BITs) by developing countries. In recent times, the ...
Transfer and liquidation: A critical analysis of the transfer of shares during the process of liquidation and an analysis of Sections 8(2)(b), 15(6) and schedule 5 of the Companies Act 71 of 2008
(University of the Western Cape, 2019)
In corporate law, the transfer of shares plays an important role and until the case of Smuts v
Booyens; Markplaas (Edms) Bpk v Booyens 2001 (4) SA [SCA] courts were not always clear
on the meaning of ‘transfer’. What ...