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Department of Mercantile Law: Recent submissions

Now showing items 1-20 of 173

A Critical Analysis of the Corporate Whistleblowing Provisions of the South African Companies Act

Cassim, Rehana (Cambridge University Press, 2023)

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 ...
Confusion in the Removal of Directors by Shareholders under the Companies Act 71 of 2008: Miller v Natmed Defence (Pty) Ltd

Cassim, Rehana (South African Law Journal, 2022)

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 ...
A critical and comparative analysis of delegation and reliance by company directors under the South African Companies Act 71 of 2008

Cassim, Rehana (Edinburgh University Press, 2024)

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 ...
An Analysis of Trends in Shareholder Activism in South Africa

Cassim, Rehana (Edinburgh University Press, 2022)

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. ...
A critical analysis of the patents Act 57 of 1978 and the reflection on the right of access to medicines : when the right is ‘right’

Teffo, Lesetsa Eustace (2023-03-31)

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 ...
The interplay between the rule of law, substantive equality and affirmative action in employment and higher education : an international perspective

Duvenhage, Jacques Clarence (2022-07)

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 ...
A comprehensive analysis of the law regulating equal pay in South Africa

Ebrahim, Shamier (2022-11-10)

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; ...
An analysis of the protection provided to creditors during business rescue proceedings

Matshaya, Limuwani (2021-11-10)
Legal texts on trade facilitation : comparative analysis of the World Trade Organisation and the African Continental Free Trade Area

Shumba, Willie (2022-11)

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 ...
An examination of the challenges posed by the internet economy for the South African income tax regime

Odhiambo, Oluoch Rodney (2022-05-15)

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 ...
The protection of the national labour force against foreign competition under labour migration laws and policies : a comparative analysis between the Democratic Republic of Congo and South Africa

Kamwimbi, Kasongo Theodore (2022-11-14)

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 ...
The tax implications of profit share accrual for public benefit organisations in South Africa

Lestrade, Ingrid Elizabeth (2022-02-25)

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 ...
Financial inclusion, regulation, and access to basic bank accounts in South Africa

Tuba, Mmaphuti David (2022-07-27)

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 ...
The distribution of retirement fund death benefits in South African law

Sigwadi, Muthundinne (2021-11)

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 ...
An evaluation of the strengths and weaknesses of South Africa’s corporate rescue regime as a potential benchmark for Uganda

Waiswa, Abudu Sallam (2022-10-20)

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 ...
The Escalation of Corporate Corruption during the Covid-19 Pandemic: Is the Anti-Corruption Framework of the Companies Act 71 of 2008 Adequate?

Cassim, Rehana (Stellenbosch Law Review, 2022)

During the Covid-19 pandemic corruption in South African companies, both state-owned and privately-owned, reached staggering proportions. This included bribery, procurement irregularities, overpricing and fraudulent deals ...
Challenges that the commissioner for the South African Revenue Service’s information gathering powers pose to taxpayers’ rights

Maleka, Moseki (2020-11)

This study is about the importance of the duty of the South African Revenue Service (“SARS”) to recognise and protect taxpayers’ rights. Particular focus is placed on the challenges posed with respect to taxpayers’ rights ...
Consumer protection in an electronic environment

Akhigbe, Iyen Joy (2020-12)

Consumer protection laws have not evolved on par with the development of electronic media. As a result, consumer protection laws do not address all major areas of legal concern that affect the electronic commerce (e-commerce) ...
Freedom of association for private sector employees in Zimbabwe : a comparative analysis

Maringe, Noah (2022-02-17)

The right to freedom of association is very crucial in labour law since all the other employees’ rights rest on it. The thesis focusses on the right of private sector employees to freedom of association in Zimbabwe. It ...
The potential liability of directors for corporate cyber breaches in South Africa

Appanah, Christopher David (2022)

The advances in technology across the world have brought with it new ways of conducting business in a connected economy. South African companies are no exception. However, with this wave of digital connection there are ...

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