Browsing Magister Legum - LLM (Mercantile and Labour Law) by Title
Now showing items 100-119 of 156
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Piercing the corporate veil : a critical analysis of section 20(9) of the Companies Act 71 of 2008
(University of the Western Cape, 2016) -
The potential impacts of contract review on foreign direct investments in mining resources: case study of Tanzania and Democratic Republic of Congo
(University of the Western Cape, 2012)This work deals with the potential impacts of contract review on foreign direct investments in mining resources. The research has cited Tanzania and the Democratic Republic of Congo as the case study because the two countries ... -
Promoter liability and protection of third party rights in terms of pre-incorporation contracts under South Africa’s companies act 2008
(University of the Western Cape, 2023)Protecting the interests of a promoter, third-party, and a company in pre-incorporation contracts can be a complex issue as it involves legal considerations and potential conflicts of interest. The challenge arises because, ... -
Promoting and facilitating development through private sector inclusion under the Africa Continental Free Trade Agreement (AFCFTA) legal and institutional framework
(2023)Free Trade Agreements (FTAs) have been fronted as vehicles for economic development by various scholars and economic organisations at large. But what is development? This is an important question which must be answered. ... -
The protection of personal information in smart cities: lessons for South Africa from the European union and the United States
(University of the Western Cape, 2023)Innovative technologies are being employed in both public and private sectors alike. Since the beginning of the 21st century, the use of these technologies has grown in both volume and type. E-commerce services have also ... -
Protection of pregnant employees in the South African workplace : a labour law perspective
(University of the Western Cape, 2015)The Constitution of South Africa lists pregnancy as a prohibited ground for discrimination. The South African labour law regime likewise makes provision for the protection of women and pregnant employees in the workplace. ... -
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 ... -
Public-private partnerships as enablers of investment and infrastructure development in Africa: a South African perspective
(University of the Western Cape, 2023)Governments in sub-Saharan Africa cannot afford the enormous challenge of creating worldclass infrastructure to satisfy the rise in citizen demand and maintain and update the current infrastructure assets. This is a result ... -
Re-thinking the corporate social responsibility regulatory framework in South Africa
(University of the Western Cape, 2018)Corporate governance is a principle that has had multiple evolving definitions. The Cadbury Report (also known as Financial Aspects of Corporate Governance) of 1992 is a report that sets out recommendations for best practice ... -
A reasonable expectation of indefinite employment upon the expiry of a fixed-term employment contract
(University of the Western Cape, 2023)Section 186(1)(b)(ii) of the Labour Relations Act 66 of 1995 (LRA), as amended, came into effect on 1 January 2015. This section provides the special right, of an employee, to claim dismissal based on a reasonable expectation ... -
The Reform of Namibia’s Cross-Border Insolvency Framework
(University of the Western Cape, 2015)This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border ... -
Reforming patent law in South Africa: Social justice, human rights and big pharma
(University of the Western Cape, 2022)Intellectual property (IP) can be defined as an idea or material that is legally protected from the unauthorised use thereof by other persons, and a person who has invented a particular pharmaceutical drug or medical product ... -
Regional integration of financial services regulation and supervision in the Southern African Development Community
(University of the Western Cape, 2015)The purpose of this research is to examine the legal and institutional framework of financial services supervision and regulation in SADC. In doing so the study will probe the various models of financial services regulation ... -
Regulating small cross border traders as a solution to increase intra African trade: implications of the African continental free trade area
(University of the Western Cape, 2023)Background: In January 2012, fifty-four African countries agreed to establish the African Continental Free Trade Area (AfCFTA) during the 18th Ordinary session of the assembly of heads of state and government of the African ... -
Regulating third party funding in arbitrations help within South Africa
(University of the Western Cape, 2018)The decision by countries to relax the common law doctrines of maintenance and champerty to accommodate Third Party Funding (TPF) in dispute resolution has sparked a worldwide debate. The controversial practice of funding ... -
The regulation of mental health in the South African workplace: a comparative analysis of South Africa, the Netherlands, Northern Ireland and the United Kingdom
(University of the Western Cape, 2022)The first democratic national elections held in 1994 marked the start of a new democratic era for South Africa, built upon the foundations of non-discrimination, democracy and equality for all.1 At the heart of the new ... -
The regulation of social media content personalisation: An international human rights perspective
(University of the Western Cape, 2023)This mini-thesis critically examines the extent to which existing international, regional, and domestic legal frameworks provide effective mechanisms for preventing social media content personalisation from violating Article ... -
Remedies for unfair dismissal under the Labour Relations Act 66 of 1995
(University of the Western Cape, 2001)The Labour Relations Act 66 of 1995 (the Act) is primarily aimed at the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This is principally done through collective ... -
Remote working and labour legislation in South Africa
(University of the Western Cape, 2022)The coronavirus pandemic has caused working arrangements to evolve to remote work across the globe, which has become an area of concern for labour legislation, particularly in South Africa. The Labour Relations Act 66 of ... -
Rethinking international investment agreements in the face of covid-19: need for the incorporation of a force majeure clause?
(University of the Western Cape, 2023)Covid-19 was first detected in December 2019 in Wuhan, China, and since its detection the pandemic had a disastrous effect on human health and well-being globally, with far-reaching implications for international investments ...