Browsing Department of Mercantile and Labour Law by Title
Now showing items 52-71 of 145
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‘Equal Pay for work of equal value’: Unfair discrimination within the South African workplace – A comparative study
(University of the Western Cape, 2023)The Employment Equity Act 55 of 1998 (EEA) was amended by the Employment Equity Amendment Act 47 of 2013 (EEAA), which, amongst others, introduced sections 6(4) and 6(5) into the Act. Sections 6(4) and 6(5) of the EEAA ... -
The establishment of Tripartite Free Trade Area institutions and its repercussions on countries with multiple memberships
(University of the Western Cape, 2016)This mini thesis examines the repercussions of the establishment of institutions under the Tripartite Free Trade Area (TFTA) Agreement on countries that have multiple regional economic community (REC) memberships. The study ... -
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 ... -
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 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 ... -
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 ... -
An evaluation and discussion of a deposit insurance system: Should South Africa adopt such a system?
(University of Western Cape, 2020)The research will evaluate and discuss the importance of Deposit Insurance Systems (DIS) and the necessity of having this system. Important to the evaluation is an analytical consideration of how the South African Reserve ... -
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 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 ... -
An examination of the corporate governance failures and challenges at key South African SOEs and the implications on enterprise efficiency: A case study of ESKOM
(University of the Western Cape, 2023)Corporate Governance encapsulates a set of rules and corporate systems which have been established to steer a company in a certain direction. In the case of State-Owned Entities, these entities were established as a mechanism ... -
Examining privatisation as a solution to rescue South African state-owned entities
(University of the Western Cape, 2023)The term ‘state-owned entity’ (SOE) has no universal definition. ‘SOE’ refers to businesses founded by central and local governments and managed by government officials.1 An SOE can also be understood as a legal entity ... -
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 ... -
Examining the interplay between dismissals for operational requirements and automatically unfair dismissals in terms of section 187(1)(c) of the LRA
(University of the Western Cape, 2016) -
Exploring the adoption and implementation of national anti-dumping measures in Uganda in the light of regional and international trade obligations
(University of the Western Cape, 2017)A tariff on imports (or customs duty) is a government imposed financial charge or tax on imported goods. It can be levied as a percentage of the import's value or as a specified tax per unit cost. Countries have debated ... -
Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law
(University of the Western Cape, 2020)This research will chart and navigate the early stages in the development, conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a mechanism of legal redress in Islāmic law (Sharī’a). The research ... -
The extension of social protection to informal farm workers in South Africa
(University of the Western Cape, 2023)Social protection is regarded as a means to alleviate poverty. It provides workers with protection against socio-economic risks. However, not all workers have access to social protection. An example is informal farm workers. ... -
Extension of social protection to self-employed workers: Re-considering the need and the possibilities in light of the Covid19 pandemic
(University of the Western Cape, 2023)The research examines the implementation of social protection for self-employed workers within the context of South Africa. The paper argues that unlike formal employees, self -employed workers are excluded from accessing ... -
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 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 ... -
Financial freedom in mobile money: the role of the central bank in Zimbabwe
(University of the Western Cape, 2020-04-19)This paper analyses how the Zimbabwean economic history has led to the perception and attitude of the population towards the financial industry. It has been blighted by extremes to the extent that in 2008 the Zimbabwe ...