Browsing Department of Mercantile and Labour Law by Title
Now showing items 94-113 of 156
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Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system
(University of the Western Cape, 2014)Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which ... -
The market abuse control legislative regime of South Africa, Nigeria and the United Kingdom - an approach to regulation and monitoring in relation to certain aspects of the financial markets of South Africa
(University of the Western Cape, 2015)The regulation of market abuse is currently an ever evolving subject, to such an extent that it has been placed as a high priority for regulators worldwide.¹ The Financial Markets Act 19 of 2012 (FMA) of South Africa² ... -
Mediation as an alternative to litigation: A comparative study between South Africa and Germany
(University of Western Cape, 2019)The judicial court system in South Africa is overburdened, which results in parties having to wait for long periods of time to have their matters settled or even heard. Furthermore, the cost of litigation in South Africa ... -
Mergers and acquisitions as a strategy for business growth : a comparative overview
(University of the Western Cape, 2015)This paper focuses on mergers and acquisitions as tools for business growth, how these have come into existence, their strengths, and mainly the reasons for their failure. Taking a closer look on how these have emerged in ... -
Minimum Resale Price Maintenance In South Africa: Rule of reason or per se prohibition?
(University of the Western Cape, 2016)The field of competition law has in an unprecedented way experienced an incredibly vast geographical expansion within a short period of time and as such it is no longer the exclusive feature of developed countries only. ... -
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 ... -
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 ...