http://hdl.handle.net/10500/2977 2013-05-18T17:13:29Z http://hdl.handle.net/10500/8593 The jurisdictional conflict between labour and civil courts in labour matters : a critical discussion on the prevention of forum shopping Mathiba, Marcus Kgomotso The Labour Relations Act 66 of 1995 provides an elaborate dispute resolution system which seeks to resolve disputes in a speedy and cost-effective manner. However, this system is faced with a number of challenges. The application of common law and administrative law causes tension between the Labour Court and civil courts. It creates uncertainty in the development of our labour law jurisprudence and also leads to the problem of forum shopping. These problems in effect undermine the objectives of the Act. This dissertation analyzes problems in the LRA and other legislations leading to forum shopping. It also analyses the view of the courts on this problem and further expounds a number of possible solutions. The analysis revolves mainly around an observation of South African literature and case law. 2012-09-30T00:00:00Z http://hdl.handle.net/10500/8507 The concept ‘fairness’ in the regulation of contracts under the Consumer Protection Act 68 of 2008 Stoop, Philip N. The thesis analyses the concept ‘fairness’ in consumer contracts regulated by the Consumer Protection Act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. It discusses the evolution of ‘fairness’ as background to a more detailed discussion of the classification of fairness into substantive and procedural fairness. The thesis examines dimensions of fairness, factors which play a role in the determination of fairness, and fairness- oriented approaches in an attempt to formulate a framework for fairness in consumer contracts. The main aspects that should be taken into account to justify a finding of fairness, or to determine whether a contract is fair, are identified. This analysis addresses, too, the extent to which the fairness provisions of the Consumer Protection Act are appropriate (with reference to the law of South Africa, Europe, and England). 2013-01-14T00:00:00Z http://hdl.handle.net/10500/7768 Operation and regulation of copyright collective administration in Nigeria : important lessons for Africa Ola, Olukunle Rotimi The introduction of a regulatory framework in the area of collective management of rights in Nigeria must have been intended to strengthen the creative industry. Unfortunately, it has thrown this industry and in particular the music and film industries into a battle of a regulated against a non-regulated collective administration sector for upward of twenty (20) years. My choice of research on this topic could be attributed to the interest I developed while administering the collective administration desk at the Nigerian Copyright Commission. Serving on that desk afforded the opportunity to see the frustration of right owners who were being deprived the fruit of their labor, as the societies meant to collect and distribute royalties on their behalf were enmeshed in litigations and in the process, rarely paid any royalties to authors. Within this context, this research seeks to explore whether there is any merit in the continued existence of the current regulatory framework for collective management in Nigeria, and what the best operational framework for collective administration in Nigeria would be. A methodological approach entailing literature review of books, articles, journals, legislation, cases, reports of committees and interviews with experts was adopted, with critical analysis carried out on particularly the Nigerian Copyright Act, the Nigerian Copyright (collective management organisation) regulation, the South African Copyright Act, the South African Performers’ Protection Act, the South African Collecting Societies Regulation, as well as judicial decisions challenging certain provisions in the Nigerian legislation. It is hoped that this research will spur a desire for the need for supervisory and regulatory agencies of government to seek the national interest above all others in taking and making decisions that affect the collective administration of copyright and related rights. 2012-05-31T00:00:00Z http://hdl.handle.net/10500/7762 The legal implications of harmonising labour laws in the Southern African Development Community (SADC) region Okharedia, Akhabue Anthony The purpose of this research is to explore the need for, and the legal implications of, harmonising labour laws in the Southern African Development Community (SADC). Chapter One highlights a number of factors that call for the harmonisation of labour laws in the SADC region and discusses some of the reasons why labour laws are not well developed in the region. The influence of globalisation on labour standards in southern Africa and the influence of regionalism on the harmonisation of labour laws are discussed at length. The inference that could be drawn from this discussion is that for a regionalisation process in southern Africa to be successful, there is an urgent need to harmonise the region’s labour law system. This thesis confirms that Southern Africa has many lessons to learn from the regional harmonisation of labour law in the European Economic Community and the current European Union. The implementation of international labour standards in southern Africa is investigated. The main areas examined include (1) freedom of association, (2) collective bargaining, (3) forced labour and (4) discrimination. The findings of this investigation show that there is no uniformity in the implementation of International Labour Organisation (ILO) standards in the SADC region and, therefore, it is recommended labour law should be harmonised in terms of ILO standards. In respect of the benefits to be derived from the harmonisation process, an empirical investigation was conducted in the SADC region and the following is recommended: the harmonisation of labour law in the SADC region will help with the implementation of ILO standards, protection of workers against the economic power of employers in the workplace and maintaining similar benefits for migrants in the region. 2012-08-31T00:00:00Z