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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 ...
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 ...
Evaluating the legal burden of good corporate governance on small and medium enterprises in South Africa in view of the Covid-19 pandemic
(University of Western Cape, 2021)
In simple terms corporate governance can be defined as a system by which companies are directed and controlled by its board of directors.1 Good Corporate Governance in a company is of prime importance as it ensure the ...
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 ...
The Effect of Social Media on the Employment Relationship: Can an employer use a social media post by an employee to initiate disciplinary proceedings against that employee with a view to dismissal?
(University of the Western Cape, 2021)
Over the past few years, there has been a noticeable increase of cases that the Commission for Conciliation, Mediation and Arbitration (CCMA) has dealt with relating to dismissal for social media posts by employees. Employees ...
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 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 ...
Irregular appointments relating to promotion posts in South African public schools
(University of the Western Cape, 2022)
This research aims to illustrate that the education sector has not managed to circumvent unfair labour practices, specifically in its appointment processes relating to promotion posts. I use literature and case law to prove ...
The intersection between labour and immigration law in South Africa
(University of the Western Cape, 2022)
This thesis is focused on the rights of migrants in South Africa and how those rights are affected and intersect with the rights of migrants in terms of Immigration law or the respective laws which govern migrants. Migrants ...
The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom
(University of the Western Cape, 2022)
The Labour Relations Act 66 of 1995 (LRA) makes provision for dismissal of employees based on an employer’s operational requirements (also known as retrenchments). The employer needs to meet both the substantive and ...