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Due to the shortcomings in protecting traditional knowledge under the intellectual property system, it is considered that traditional knowledge should be protected through sui generis systems which are specifically adapted ...
Cassim, Rehana(South African Mercantile Law Journal, 2021)
The Companies Amendment Bill, 2018 proposes certain changes to the social and ethics committee established in terms of section section 72(4) of the Companies Act 71 of 2008 and regulation regulation 43 of the Companies ...
The Constitution of South Africa, 1996 with its Bill of Rights in general, and section 28 in particular, gives special protection to the rights of children. The Bill of Rights recognises children as a vulnerable group in ...
Bekink, Mildred(Pretoria University Law Press, 2004)
The standard of the child's best interest has often been described as a golden thread that runs through the whole fabric of the South African law relating to children. The best interest of the child concept as such hasbeen ...
This study concentrates on non-standard work and it takes into consideration current law
associated to non-standard workers. Defining a worker constitutes a way of benefiting from legal security and entitlements imparted ...
Section 76(4) of the Companies Act 71, 2008 has introduced into South African company law a provision which one may regard as providing a “safe harbour” for directors against a breach of their fiduciary duty to act in the ...
Koekemoer, Michel Marlize; Brits, Reghard(Lexis Nexis, 2020-11)
Hervorming van die Suid-Afrikaanse reg insake sekerheidstransaksies: Die waarde
van ’n vergelyking met regsinstrumente op internasionale- en streeksvlak
Die artikel ondersoek hoe die Suid-Afrikaanse regsraamwerk vir ...
The importance of legal certainty in the South African common law of contract in
promoting the constitutional vision is investigated and tested within a substantive
contextual understanding. It emerges the common law of ...
Director tenure attracts attention worldwide and is increasingly being recognised as a crucial element in assessing an external (independent non-executive) director’s independence. Director tenure has recently come under ...
This note discusses and critically analyses the judgment in Organisation Undoing Tax Abuse v Myeni [2020] 3 All SA 578 (GP), in which the court declared a director delinquent for her lifetime, under s 162(5) of the Companies ...
The case of Kamowitz v Delahunt 2017 (3) SA 201 (WCC) deals with an important question pertaining to section 66(1) of the Companies Act 71 of 2008, namely, to what extent do the duties of a company director include involvement ...
South African trade unions like trade unions elsewhere in Africa, played a crucial role in the struggle against oppression. They fought the oppressive governments mostly, in an alliance with democratic political organisations. ...
Cassim, Rehana(International and Comparative Corporate Law Journal, 2021-04)
Company law on de facto and shadow directors under the South African Companies Act 71 of 2008 is disconcertingly undeveloped. This weakness is worrying since South Africa has become notorious for the state capture of some ...
One of the recognised ways through which a firm may increase its market share or reorganise its presence in a market is through a merger. A merger occurs when independent firms combine their businesses. Section 12A of the ...
Cassim, Rehana(Potchefstroom Electronic Law Journal, 2021)
In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary duties ...
Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under ...
This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South ...
In this thesis the position of parties under a fixed-term agreement under section 14 of the Consumer Protection Act 68 of 2008 is analysed critically. The purpose of this thesis is first to establish whether parties to a ...
Liability insurance concerns an insured’s insurance of its legal liability towards a third party for the latter’s loss. This specialised type of insurance is rather neglected in South African insurance law. There is a lack ...