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Section 159 of the South African Companies Act 71 of 2008 regulates corporate whistleblowing in companies registered under the act. This article critically evaluates section 159 to ascertain whether it adequately protects ...
This note critically analyses the judgment in Miller v Natmed Defence (Pty) Ltd
2022 (2) SA 554 (GJ), in which the court ruled on the validity of the removal of a
director by the company’s sole shareholder. Three issues ...
Delegation by directors and reliance on third parties is an important practical issue. Directors unlawfully delegating their powers or relying on third parties could face serious consequences, such as liability for breach ...
There has been a progressive shift in shareholder activism in South Africa as shareholder demands for greater levels of accountability, reasonable executive remuneration and disclosure and transparency are increasing. ...
The Maintenance Act 99 of 1998 currently only provides for the recovery of arrear maintenance and the enforcement thereof but does not provide for an applicant to claim for future maintenance. The courts have tried to fill ...
Recognition and enforcement of foreign child support orders are characterised by persistent difficulties because, in most cases, child support orders are required to be re-evaluated over time because of changed circumstances. ...
This dissertation analyses thirteen South African judgments to establish how courts determine children’s views and wishes in legal proceedings. The judgments selected relate to child participation in divorce and care, ...
Although the recent concepts ‘gender dysphoria’ (according to the fifth edition of the
Diagnostic and Statistical Manual of Mental Disorders, 2022) and ‘gender
incongruence’ (as defined in the World Health Organization’s ...
South Africa has a membership of the United Nations, World Trade Organisation, African Union and South African Development Community.
Both United Nations’ Universal Declaration of Human Rights and the International Covenant ...
Health care research conducted in LMICs, including South Africa, has exploded in the last few decades. Albeit a welcome development, there has emerged the fear of and actual exploitation of host communities. As health care ...
Ahmed, Raheel(Faculty of Law, North-West University, 2023-06-13)
American and French law, like South African law, recognises
claims for emotional or mental harm. Emotional, mental or
psychological harm was recognised by the courts only in the
nineteenth century and even though the ...
Ahmed, Raheel(Faculty of Law, North-West University, 2023-09-26)
Due to a lack of authority in Roman-Dutch law in respect of claims for psychological harm, our courts in South Africa relied on English law for guidance, in particular the tort of negligence, where emphasis is placed on ...
The resolution of health research problems has over the years generally been guided by private law approaches, mainly under the laws of contract and delict. The dominance of private law approaches has mainly been evident ...
The study sought to accomplish three main tasks. These were to clarify ‘appropriate dispute resolution method’, design a mechanism for selecting an appropriate dispute resolution method for use in resolving disputes and ...
Affirmative action in South Africa has been the subject of much debate about redressing past discriminatory injustices and achieving a more equal and just society. This has been particularly relevant to achieving equality ...
The purpose of this thesis is as follows. Firstly, to identify the problems associated with the causes of action in section 6(4) of the EEA; the onus in section 11 of the EEA; the right to access pay related information; ...
Prior to the introduction of private participation in the value chain of the power supply
system, some of the major challenges bedeviling the system are; the inadequate
generation capacity, failing and limited transmission ...