Department of Mercantile and Labour Law
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The Department of Mercantile and Labour Law introduces students to the world of commercial and business law. The Department’s focus is on developing students’ critical thinking skills and supplying them with practical, transferable capabilities to positively contribute to the legal profession or corporate field.
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Recent Submissions
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Leveraging the African continental free trade area to unlock the full potential of carbon markets in Africa
(University of the Western Cape, 2023)Plagued by the universal challenge of climate change, African states are faced with the dire issue of sourcing climate finance from sources other than government coffers and very limited donor funds. With the advent of the ... -
The infraction of the right to dignity on social media: the liability of the group administrator and the commenting users.
(University of the Western Cape, 2022)Background: In recent times, it has been demonstrated that a huge chunk of the world’s population is on some form of social media. It is estimated that between 4.6 and 5 billion people out of the world's population use ... -
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 ... -
The extent to which the fiduciary duties and liabilities of directors of state-owned companies facilitate good corporate governance in South Africa
(University of the Western Cape, 2023)Background: The legislative and policy framework governing the sector for State-Owned Entities (SOE’s) in South Africa is criticised for being legally fragmented, in addition to other governance concerns in the sector, ... -
The income tax resident status of internet-based companies: when is South Africa their place of effective management?
(University of the Western Cape, 2023)In terms of the Income Tax Act 58 of 1962 (‘ITA’), taxpayers are liable to tax in the Republic of South Africa (‘SA’) on their worldwide revenue if they satisfy the test for residency within the meaning of the term ‘resident’ ... -
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 ... -
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, ... -
Special economic zones as gateway for sustainable foreign direct investments in Kenya: towards a special regime in labour regulation
(University of the Western Cape, 2024)The role of Special Economic Zones (SEZs) in promoting foreign direct investment (FDI) cannot be gainsaid. In particular, developing and least developed countries have been keen on attracting FDIs through SEZs as a way 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 ... -
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 ... -
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 ... -
Cross border tax assistance as a framework for revenue mechanism
(University of the Western Cape, 2023)A national tax authority i.e., SARS has a wide range of powers at its disposal to collect taxes that are not paid or on time or in their full amount within the borders of South Africa. The issue arises when a taxpayer ... -
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. ... -
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 ... -
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 ... -
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. ... -
Examining the effectiveness of the Corporate Leniency Policy in combating cartels under the Competition Act in South Africa with specific reference to directors’ liability.
(2024)The economy is harmed by the behaviour of a director that engages in anticompetitive behaviour in the sense that consumers may suffer the economic consequences in the form of having lesser buying power. This restricts ... -
Evaluating South Africa’s accession to the World Trade Organisation Government Procurement Agreement (WTO GPA).
(University of the Western Cape, 2024)South Africa’s participation in international agreements is governed by s231 of the Constitution of the Republic of South Africa, 1996.1 This section states that the negotiation and signing of all international agreements ... -
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 ... -
Invisible children: the rights of domestic child workers in South Africa
(University of the Western Cape, 2023)This research paper focuses on the violation of the rights of children aged 16–17 who are school dropouts and employed as domestic workers in South Africa. This is a violation of their rights and occurs in their employment ...
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