The aim of this thesis is to investigate the labour law position of South African farm workers. For three
and a half centuries farm workers constituted the most neglected group in the South African labour force.
Consequently, ...
In the first section of the dissertation, strike law in the Netherlands is focused upon. The
following issues are inter alia dealt with: the historical background of the strike
phenomenon, the right to strike and ...
The pillaging of companies by those who control them is becoming a common
occurence in South Africa. The problem arises where those in control of a
company are its sole shareholders and the property they are charged ...
The statutory definition of the lock-out encompasses
certain acts (inter alia termination of contracts of
employment) which must be executed by the employer
with a certain purpose.
The Appellate Division has recently ...
The paper is an attempt to deal with the non-transferable cheque. Three
questions have been addressed:
(a) Whether sections 58, 79 and 83 apply to non-transferable cheques;
(b) whether the non-transferability of a cheque ...
In hierdie studie is gepoog om die sogenaamde "reg om te staak" aan die hand
van nasionale en internasionale invloede te ontleed.
Dit is veral die International labour Organisation se voorstelle wat 'n invloed
gehad het ...
Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe
- en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele
billikheid in besonder het 'n ...
A study of silences: as a metaphysics of the law, juridification silences the text of the law in order
to enable an allegorical reading of the law. This silencing of the legal text can only be avoided
through a ...
The genesis of the informal sector in Mozambique is similar to the
way it emerged in many other countries in the world, starting
mainly with small businesses performed by unemployed people,
peasent families, street ...
To regulate and facilitate are the main functions of legal rules. These purposes are achieved by a harmonised legal system by which the law becomes identical in numerous
jurisdictions. The process to unify ...
Despite the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in 2001, which unequivocally affirmed WTO members’ rights to use compulsory licences and other TRIPS flexibilities to access medicines, ...
The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ ...
This paper examines the different share valuation methods and principles likely to be used by a court in determining the fair value of dissenting shareholders’ shares in appraisal proceedings in terms of section 164(14) ...
Technological advances have had a major impact on traditional retail shopping changing it from a physical undertaking to a completely digitised experience where consumers buy digital media online. VAT systems that do not ...
The Companies Act of 71 of 2008 makes a number of important changes to the rules relating to
capital maintenance. In line with the objectives of the Companies Act of 71 of 2008, section 44
of the Act has removed the ...
Developing an adjudicative institutional framework for effective social security provisioning in South Africa entails the establishment of a system that gives effect to the rights (of access) to social security and to ...
The Labour Relations Act 66 of 1995 provides an elaborate dispute resolution system which seeks to resolve disputes in a speedy and cost-effective manner. However, this system is faced with a number of challenges. The ...
The thesis analyses the concept ‘fairness’ in consumer contracts regulated by the Consumer Protection Act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. It discusses the evolution of ...