Department of Mercantile and Labour Law: Recent submissions
Now showing items 61-80 of 155
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South African company law in the fourth industrial revolution: does artificial intelligence create a need for legal reform?
(University of the Western Cape, 2021)Across the world, the Fourth Industrial Revolution (4IR)1 is disrupting the law.2 The 4IR has specifically disrupted commercial law in areas such as banking,3 competition,4 consumer protection,5 contract,6 insurance,7 ... -
Corporate governance failures in South Africa: Are pension funds next?
(University of Western Cape, 2021)In recent times, South Africa (‘SA’) has seen many corporate failures due to poor corporate governance. It spans across Johannesburg Stock Exchange (‘JSE’) listed companies, State Owned Enterprises (’SOE’s’)1 as well as ... -
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 ... -
The role of legal and policy incentives in promoting factoring as a financing alternative for Smes in Nigeria
(University of the Western Cape, 2021)Timely, adequate and affordable access to finance is pivotal to bolstering the participation of small and medium-size enterprises (SMEs) in both domestic and international trade. Regrettably, despite their immense contributions ... -
A review of the protection of fixed-term contract employees within South African labour law: A comparative discussion
(University of Western Cape, 2021)This research aims to explore the available legislative protection afforded to atypical employment, with specific reference to fixed-term workers. Atypical, employed workers, such as fixed-term workers, are often exploited ... -
An overview of the effectiveness of employment legislation in protecting people with disabilities against discrimination in the South African workplace
(University of the Western Cape, 2021)The South African apartheid regime brought about many injustices. These injustices were mostly directed at people of colour, women and people with disabilities. People with disabilities were neglected, discriminated ... -
Towards democratic decision-making In environmental law: An investigation of the implementation of public Participation and access to administrative justice
(University of the Western Cape, 2010)An environment, which is not dangerous to the health or well-being of individuals, is every South African's basic Human right.1 In addition.it is every South African's basic human right to have the environment protected ... -
Public participation in constitution-making: A critical assessment of the Kenyan experience
(University of the Western Cape, 2009)Kenya has embarked on a constitutional making process that is hoped to ensure a transition to democracy. The current constitution making process is not the first of its kind in post independence Kenya.1 Since the Lancaster ... -
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 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 ... -
Using fixed-term contracts of employment subsequent to the introduction of section 198 in the labour relations act 66 of 1995: A study of the technical and vocational education and training sector in South Africa.
(University of the Western Cape, 2020)This study is encouraged by the fact that the field of labour law has drastically changed after enactment of amendments in various labour legislation such as Employment Equity Act, Basic Conditions of Employment Act and ... -
The dispute prevention and resolution systems in Namibia
(University of the Western Cape, 2021)The resolution of disputes, including unfair dismissal disputes under the Labour Act 2007 is being criticised for being too complex, inefficient, protracted, expensive, and highly legalistic. This thesis would denote that ... -
The duty to disclose personal financial interest and its implications on good corporate governance and company efficiency with specific reference to SOC’s
(University of the Western Cape, 2021)The common law duties have been preserved by the partial codification of the duties of directors in terms of the Companies Act of 2008 (‘2008 Act’). One such duty is the duty to disclose personal financial interest in terms ... -
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, ... -
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. ... -
The importance of an effective institutional framework for the realisation of regional economic integration objectives: A case study of the East African Community (EAC).
(University of the Western Cape, 2009)The East African Commu1nity (EAC) was re-established on 30 November 1999 by the Republics of Kenya and Uganda and the United Republic of Tanzania1 signing the Treaty for the Establishment of the East African Community ... -
Directors Personal Liability for Irregular, Wasteful and Fruitless Expenditure in South African (SA) State owned Companies (SOC).
(University of the Western Cape, 2020)Directors of companies are the forerunners in overseeing and strategically managing a company.1 The Companies Act 71 of 2008 (the Companies Act) gives the board of directors the legislative obligation for a company to be ... -
South Africa’s utilisation of the world trade organisations instruments in the protection of the textile and poultry industries
(University of the Western Cape, 2020)The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the ... -
The disclosure of information on medical certificates and the impact on the right to privacy
(University of the Western Cape, 2020)Chapter 2 of the Constitution contains the Bill of Rights, which ‘enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.’1 By rights being afforded to ... -
Alternative dispute resolution in medical malpractice in south Africa
(University of the Western Cape, 2020)South Africa has seen a spike in medical malpractice litigation, including the number and size of claims instituted against healthcare practitioners. This has led to a backlog in medical malpractice court cases throughout ...