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Department of Mercantile Law: Recent submissions

Now showing items 21-40 of 178

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 ...
Applying employee share-ownership schemes as a transformation mechanism aimed at decreasing poverty levels in South Africa : a comparative socio-legal perspective

Awarab, Marvin Ricardo (2021-12-15)

In South Africa, the black majority suffered socially and economically during the apartheid government. The effects of the apartheid government are still evident today in South African societies, as millions of South ...
Evaluating the copyright protection of databases in the information age : a comparative perspective between South Africa and the European Union

Moleya, N. I. (2020-08-07)

This dissertation evaluates the copyright protection of databases in the information age. The dissertation provides a comparative analysis of the copyright protection of databases in the European Union and South Africa. ...
The role of the Swakopmund Protocol on the protection of traditional knowledge and expressions of folklore in addressing the concerns of the holders of traditional knowledge

Takaendesa, Lorraine (2022-02-25)

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 ...
A Critical Analysis of the Amendments Proposed to the Social and Ethics Committee by the Companies Amendment Bill, 2018

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 ...
Aspects of Rape, Statutory Rape and the Choice on the Termination of Pregnancy Act 92 of 1996: Do We Protect Our Minor Women' (2006)

Bekink, Mildred (Juta, 2006-02-01)

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 ...
Defining the standard of the best interest of the child: Modern South African perspectives

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 ...
The labour law protection of non-standard workers in South Africa

Tshizanga, Gervais Kabeya (2020-12-07)

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 ...
A “safe harbour” for directors in South Africa? : a comparative study of the Business judgment rule

Oost, Anna Elizabeth (2020-07)

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 ...
Towards reforming South African secured transactions law: The value of a comparison with international and regional legal instruments

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

Ali, Fuaad (2021-06)

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 ...
A legal analysis of the debt relief measures as alternatives to sequestration of financially distressed debtors in South Africa

Taljaard, Zuene; Dayimani, Mziwabantu (Juta, 2021)
A Comparative Analysis of Director Tenure in South Africa and Selected International Jurisdictions

Cassim, Rehana (Unisa Press, 2021)

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 ...
Declaring Directors of State-Owned Entities Delinquent: Organisation Undoing Tax Abuse v Myeni

Cassim, Rehana (South African Law Journal, 2021)

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 right of a director to participate in the management of a company: Kaimowitz v Delahunt 2017 (3) SA 201 (WCC)

Cassim, Rehana (Juta, 2018)

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 Unionism at a Crossroads: The Case of the Congress of South African Trade Unions

Budeli-Nemakonde, Mpfariseni (2018)

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. ...

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