Browsing Magister Legum - LLM (Mercantile and Labour Law) by Title
Now showing items 35-54 of 145
-
A critical review of corporate governance reforms relating to South African state-owned enterprises
(University of the Western Cape, 2015)Corporate governance reform is an important aspect of broader reforms aimed at securing an environment attractive to both domestic and foreign investors and that enhances the benefits of investment to society. Of particular ... -
A critique of the SADC region’s regulatory response measures to the Covid-19 pandemic, paying special attention to travel restriction measures and their effect on food security
(University of the Western Cape, 2023)The transition in the economy around the globe has led many countries to pursue integration at various levels. The importance of regional integration is highly noted in various parts of the world, with the most successful ... -
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 ... -
Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
(University of the Western Cape, 2019)There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ... -
Customs reform as a means to enhancing trade facilitation for increased market access : a South African perspective
(University of the Western Cape, 2015) -
Developing a regional competition regulatory framework in the Southern African Development Community (SADC)
(University of the Western Cape, 2015)This study aims to evaluate the prospective benefits and challenges of developing a regional competition regulatory framework in SADC. Further, the study seeks to identify important lessons from the EU and COMESA that ... -
Developing a sound legal and regulatory framework for special economic zones in Malawi
(University of the Western Cape, 2019)Export Processing Zones (“EPZs”) were introduced in Malawi in 1995. EPZs are one of several types of Special Economic Zones (“SEZs”). The legal and regulatory framework for the Malawi EPZs was established by the Export ... -
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 ... -
The disclosure of information on medical certificates and the impact on the right to privacy
(University of the Western Cape, 2020)Chapter 2 of the Constitution contains the Bill of Rights, which ‘enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.’1 By rights being afforded to ... -
Discrimination to the employment context on the ground of religion: an examination of the position in South African and European union law
(University of the Western Cape, 2008)In this mini-thesis, I try to explore that the right to equality has brought with it the right not to discriminate against on various prohibited grounds, including religion. This minithesis examines the right not to be ... -
The dispute prevention and resolution systems in Namibia
(University of the Western Cape, 2021)The resolution of disputes, including unfair dismissal disputes under the Labour Act 2007 is being criticised for being too complex, inefficient, protracted, expensive, and highly legalistic. This thesis would denote that ... -
The duty to disclose personal financial interest and its implications on good corporate governance and company efficiency with specific reference to SOC’s
(University of the Western Cape, 2021)The common law duties have been preserved by the partial codification of the duties of directors in terms of the Companies Act of 2008 (‘2008 Act’). One such duty is the duty to disclose personal financial interest in terms ... -
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 ... -
The effect of the partial codification of the common law duties of directors in the companies Act 71 of 2008 on the liability of directors
(University of the Western Cape, 2018)The global financial crisis resulted in a corporate collapse in different parts of the world. The global financial crisis was caused by poor governance. Consequently many countries, including South Africa, began to place ... -
The effectiveness of South African legislation in protecting black employees from racial discrimination
(University of the Western Cape, 2022)The Apartheid government passed segregation laws which favoured the white minority and unfairly discriminated against black people. The Constitution of the Republic of South Africa acknowledges the hardships caused by ... -
Effects of multiple trade unions in public institutions of South Africa: The case of Ekurhuleni East Technical and Vocational Education and Training College
(University of the Western Cape, 2019)The power and influence of unions in South Africa is often associated with creating maximum beneficiation for their members. This is based on their ability to, among other things, mobilise industrial action and represent ... -
The enlightened shareholder value (esv) approach and the interpretation of the phrase ‘best interests of the company’ in South Africa
(University of the Western Cape, 2023)According to section 76(3)(b) of the Companies Act 71 of 2008, directors are obligated to incorporate the company's best interests in their objectives. Generally, this phrase denotes the interests of the shareholders ... -
‘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 ...