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Demand guarantees are essential for purposes of commerce and are used to secure the performance of the contractor. South African courts have held that demand guarantees are akin to letters of credit. Despite the independent ...
This research uses a comparative approach to explore the role and liability of internet service providers in South Africa. The research aims to analyse and compare the role and liability of internet service providers for ...
he primary aim of this thesis is to inquire into the impact of the Labour Relations Act 66 of 1995 as amended on the right to freedom of association. The thesis examines not only the constitutional and statutory context ...
The study comparatively scrutinised creditor protection mechanisms entrenched in South African Corporate law to determine their effectiveness in advancing creditor interests in company affairs. The enquiry was triggered ...
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. ...
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 ...
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; ...
Trade agreements are a common feature in international economic law as they govern trade relations between states. These agreements are anchored by a firm foundation of the requisite legal provisions to support trade. In ...
The way of doing business has changed significantly since the turn of this century due to the growth of internet technology and the global digital economy. This growth has reduced the importance traditionally attached to ...
Labour migration, which involves both labour immigration and labour emigration,
refers to ‘the cross-border movement of people from a homeland to a location
outside that homeland, with the purpose of taking up employment’.1 ...
Section 10(1)(cN) of the Income Tax Act 58 of 1962 (the Act) in South Africa makes provision for approved Public Benefit Organisations (PBOs) in South Africa to enjoy preferential tax treatment. An organisation is approved ...
This research analyses the current policy and regulatory framework in South Africa to establish whether or not it is effective and responsive in promoting financial inclusion and facilitating access to basic bank accounts ...
Section 37C of the Pension Funds Act 24 of 1956 regulates the distribution of retirement fund death benefits in South Africa. This thesis focuses on the distribution of the retirement fund death benefits that the pension ...
This thesis evaluates the strengths and weaknesses of the legal framework on
corporate rescue in South Africa and Uganda. Although corporate rescue was initially not one of the
objectives of insolvency law, it has now ...