Log in

Relevant bibliographies by topics / Hospitals – Law and legislation – South Africa / Dissertations / Theses

To see the other types of publications on this topic, follow the link: Hospitals – Law and legislation – South Africa.

Dissertations / Theses on the topic 'Hospitals – Law and legislation – South Africa'

Author: Grafiati

Published: 29 September 2021

Last updated: 30 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 dissertations / theses for your research on the topic 'Hospitals – Law and legislation – South Africa.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.

1

Dorse, Aletta Jacomina. "Legal and ethical aspects of nursing practice in selected private hospitals in the Western Cape Metropolitan Area." Thesis, Link to the online version, 2008. http://hdl.handle.net/10019/937.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Rikwe, Zoliswa. "The effectiveness of the mechanisms to manage strikes in essential services in the public health sector, Western Cape, South Africa." Thesis, Cape Peninsula University of Technology, 2018. http://hdl.handle.net/20.500.11838/2875.

Full text

Abstract:

Thesis (MTech (Human Resource Management))--Cape Peninsula University of Technology, 2018.<br>The principle of the right to strike is internationally documented, as determined by the Committee on Freedom of Association. In South Africa, the right to strike is enshrined and protected in Section 23 of the country's Constitution under its Bill of Rights. Under specific circumstances, the Constitution allows for legislation to limit a right listed in Section 23. At the same time, the Constitution guarantees that everyone has the right to life and health care services. South African industrial acti

APA, Harvard, Vancouver, ISO, and other styles

3

Tsebe, Mogaba Daniel. ""The impact of the Labour Relations Act, 1995 (ACT 66 of 1995) on the transformation of the public service delivery at Mokopane Hospital in Limpopo"." Thesis, University of Limpopo (Turfloop Campus), 2008. http://hdl.handle.net/10386/732.

Full text

Abstract:

Thesis (MPA. (Public Administration) -University of Limpopo, 2008<br>Today, in South Africa, as we grapple with challenges brought by our new democracy, its appropriate to have practical guide that guide that can be used not primarily on issues of labour relations but also on issues of service delivery improvements. This study comes at the most opportune time, when all involved have to help shaping the public service and to come to grips with the implications of Labour Relations Act, 1995 (Act 66 of 1996). The study’s main objective is to find out the major labour related conflicts that are

APA, Harvard, Vancouver, ISO, and other styles

4

Bekwa, Noluvuyo Margaret. "Assessing reasons for non-compliance to the requirements of the Employment Equity Act no. 55 of 1998 : case study of the dietetics department within Tygerberg Hospital." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85573.

Full text

Abstract:

Thesis (MPA)--Stellenbosch University, 2013.<br>ENGLISH ABSTRACT: The relevance of employment equity has been widely debated. This study is of the view that affirmative action is the core factor in realising compliance to and implementation of employment equity. The study was aimed at investigating why Tygerberg Hospital has not complied with the implementation of the Employment Equity Act (EEA) No 55 of 1998 specifically with regards to the field of Dietetics. Research questions have been formulated, relying on literature which includes guiding legislation and policies. Recruitment and sele

APA, Harvard, Vancouver, ISO, and other styles

5

Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.

Full text

Abstract:

The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislativ

APA, Harvard, Vancouver, ISO, and other styles

6

Nzimande, Eric Sibusiso. "Minimum sentence legislation in South Africa." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012041.

Full text

Abstract:

Legislation regulating minimum sentences in South Africa was re-introduced by sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which came into operation on 1 May 1998. These provisions were regarded as a temporary measure to be effective for two years, where after they were extended from time to time. After they had been extended for several times, section 51 was rendered permanent on 31 December 2007 by the Criminal Law (Sentencing) Amendment Act 38 of 2007. At the same time sections 52 and 53 were repealed by the same Act. Minimum sentence legislation was the result of a call

APA, Harvard, Vancouver, ISO, and other styles

7

Miller, Kristina Claire. "An evaluation of "work-life" legislation in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4514.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Tiry, Zaahira. "Political parties in South African law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012414.

Full text

Abstract:

This dissertation is a literature study of the legal regime of political parties in post-apartheid South Africa. A constitutional perspective is adopted throughout the study in order to confine the topic to the realm of South African law. Hence, the focus of the study is to identify legal rights contained in chapter two of the Constitution and to also identify other provisions of the Constitution that have a bearing on political parties. As mentioned in the conclusion, section 19 of the Constitution, set the scene for the development of this study. An analysis of the constitutional provisions

APA, Harvard, Vancouver, ISO, and other styles

9

Crompton, Mark Stanley. "An appraisal of strike law in South Africa." Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/379.

Full text

Abstract:

The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to t

APA, Harvard, Vancouver, ISO, and other styles

10

Ital, Eric Guy. "Copyright law and the Internet : in modern South African law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51666.

Full text

Abstract:

Thesis (LLM)--University of Stellenbosch, 2000.<br>ENGLISH ABSTRACT: The Internet is coming more and more into focus of national and international legislation. Especially with regard to copyright law, the rapid growth of the Internet, its global character, its novel technical applications and its private and commercial use by millions of people makes the control over a work complicated and raises copyright problems all over the world. Present legislation is therefore challenged to avoid gaps in the law. Considering the rapid growth of online providers and users in South Africa, it is li

APA, Harvard, Vancouver, ISO, and other styles

11

Du, Plessis Jan Andriaan. "The impact of minimum sentence legislation on South African criminal law." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.

Full text

Abstract:

The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High

APA, Harvard, Vancouver, ISO, and other styles

12

Nyachowe, Pasno N. "The regulation of domain name disputes in South Africa." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/351.

Full text

Abstract:

This treatise provides an overview of the procedures for the registration, regulation and protection of Internet domain names. An analysis of legal rules applicable to domain names and problems related to the protection of domain names in South Africa, United State, United Kingdom and internationally is undertaken. The problems includes cybersquatting, misuse of personal names, reverse domain hijacking, misuse of meta tags and keywords. The treatise established possible solutions applicable to South Africa by investigating how other countries have dealt with such problems, and further investig

APA, Harvard, Vancouver, ISO, and other styles

13

Sloane, Justin. "A discussion and comparison of company legislation and tax legislation in South Africa, in relation to amalgamations and mergers." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013028.

Full text

Abstract:

In his 2012 Budget Review, the Minister of Finance, Pravin Gordhan acknowledged that the introduction of the "new" Companies Act had given rise to certain anomalies in relation to tax and subsequently announced that the South African government would undertake to review the nature of company mergers, acquisitions and other restructurings with the view of possibly amending the Income Tax Act and/or the "new" Companies Act, to bring the two legislations in line with one another. These anomalies give rise to the present research. The literature reviewed in the present research revealed and identi

APA, Harvard, Vancouver, ISO, and other styles

14

Van, Loggerenberg Johannes Jurgens. "Constructive dismissal in labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/301.

Full text

Abstract:

The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dis

APA, Harvard, Vancouver, ISO, and other styles

15

Glock, Philipp. "Requirements of industrial action in South Africa and Germany: a comparison." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4394_1182224745.

Full text

Abstract:

<p>This paper investigated how the law of industrial action is shaped in South Africa and in Germany, which specific problems occur in South Africa and Germany, and how the different legal systems solve these problems. It also compared the different legal approaches of these two countries.</p>

APA, Harvard, Vancouver, ISO, and other styles

16

Mashiyi, Tandeka. "The effectiveness of human child trafficking legislation in South Africa." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1289.

Full text

Abstract:

Trafficking in human beings is a major problem worldwide. Human trafficking is as a result of a complex set of interrelated push and pull factors. Push factors includeinter alia poverty, a lack of opportunities, dislocation of families, gender, racial and ethnic inequalities and the break-up of families. Research shows that pull factors include the promise of a better life, consumer aspirations and lack of information on the risks involved, established patterns of migration, porous borders and fewer constraints on travel. It is as a result of the global epidemic of this trafficking in persons

APA, Harvard, Vancouver, ISO, and other styles

17

Loock, Madelaine. "The application of BEE legislation on employment." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/17990.

Full text

Abstract:

BBBEE is currently on everyone’s minds and the uncertainty surrounding the changes to the Codes of Good Practice as well as the Sector Codes leaves business owner’s with a feeling of uncomfortable anticipation. The changes to the Codes of Good Practice has set the tone and most of the Sector Codes are being modelled around the Codes. Business owners will have to adapt to the changes and plan in advance in order to avoid being without a compliant BEE certificate. This will entail a strategic analysis of the company’s financial position as well as a strategic BEE plan for the 12 months they will

APA, Harvard, Vancouver, ISO, and other styles

18

Madokwe, De Villiers Badanile. "The law relating to lock-outs." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/298.

Full text

Abstract:

The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in

APA, Harvard, Vancouver, ISO, and other styles

19

Nkosi, Zaba Philip. "An evaluation of South Africa's legislation to combat organised crime." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1566.

Full text

Abstract:

Organised crime is a global phenomenon. It is a problem in South Africa as it is a problem in most countries. International and regional organisations, in particular, United Nations, Financial Action Task Force (FATF), and African Union (AU), have developed legislative measures and laid down minimum standards to assist party and non-party states to combat the scourge. Member countries and signatories to those instruments are ever encouraged to bring about national legislative and regulatory frameworks to criminalise predicate crimes, curb money laundering, confiscate instrumentalities and proc

APA, Harvard, Vancouver, ISO, and other styles

20

Grootboom, Linda Henry. "Labour law implications of organisational restructuring." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/303.

Full text

Abstract:

It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “Th

APA, Harvard, Vancouver, ISO, and other styles

21

Van, Staden Leon. "The law relating to retrenchment." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/304.

Full text

Abstract:

Retrenchment, as a form of dismissal, is regulated by section 189 and 189A of the Labour Relations Act 1995. In order for a retrenchment to be fair, it must comply with both the substantive and procedural requirements stipulated in the Act. After an employee has proved the dismissal, the onus rests on the employer to comply with these two requirements by providing proof thereof. One of the most important procedural requirements that must be complied with by the employer is that the employer cannot merely make a decision to retrench. This decision may only be made once the employer, when contem

APA, Harvard, Vancouver, ISO, and other styles

22

Botha, Brink. "A critical analysis of the influence of the "Prevention of the illegal eviction from and unlawful occupation of Land Act 19 of 1998" on investment in residential income-producing property." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/321.

Full text

Abstract:

This research will focus on the influence of legislation (as indicated in this research) on the investment decision in residential income-producing property. Assumptions, as recorded in the hypothesis of this study, indicate that the legislation had a changing influence on the investment decision in residential income-producing property in comparison to the time period prior to the promulgation of the legislation. The research methodology will be based on a comparative analysis of the current legislation and the proposed Draft Amendment Bill. This analysis will be tested by means of a case stu

APA, Harvard, Vancouver, ISO, and other styles

23

Sohena, Siphiwo Clifford. "The development of organisational rights in South Africa." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/841.

Full text

Abstract:

Under the previous Labour Relations Act of 1956, (herein after refered as old LRA) organisational rights in South Africa were conspicuous by their absence. In addition, theright to access was restricted by the Trespass Act No. 6 of 1959, which made it a criminal offence to enter land without thepermission of the owner or lawful occupier, except for a lawful reason. During the 1980’s and the first half of the 1990’s several trade union rights, including the right to engage in collective bargaining were established by the Industrial Court under its unfair labour practice jurisdiction. After 1994

APA, Harvard, Vancouver, ISO, and other styles

24

Govender, Mogisvaree Murugan. "Determining reasonableness in the light of Sidumo." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11648.

Full text

Abstract:

The primary purpose of this treatise is to consider the development, analysis and application of the review test in relation to arbitration awards which is set out in the Constitutional Court (CC) judgment of Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (Sidumo).1 This judgment has already had significant implications for employers and employees alike and will continue to do so in the future. Many lawyers, trade unions and employees launch or oppose review applications in the Labour Court on behalf of employers or employees. In observing this litigation process, it became clear th

APA, Harvard, Vancouver, ISO, and other styles

25

Pool, Estelle. "Insider trading : has legislation been successful?" Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/6172.

Full text

Abstract:

Thesis (MBA (Business Management))--Stellenbosch University, 2008.<br>ENGLISH ABSTRACT: This research report reviews South African and international legislation aimed at preventing insider trading and provides an overview of the successful criminal and civil proceedings taken against insiders. It highlights the possible preventative measures South African companies and legislature can take to reduce insider trading. The United States of America is one of the few countries that had successfully implemented legislation prohibiting insider trading prior to the 1990s. Most countries, including Sou

APA, Harvard, Vancouver, ISO, and other styles

26

Kruger, Leander. "Comparison of taxation reforms regarding retirement funding between South Africa and the United Kingdom." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18200.

Full text

Abstract:

The purpose of this study was to review the provision of public and private retirement funding in both South Africa and the United Kingdom and the role of taxation in encouraging greater private provision for retirement. The study described the basis of taxation and determination of ‘taxable income’ in each jurisdiction, before addressing the relationship between taxation and retirement funding in each jurisdiction respectively. Both jurisdictions have introduced significant reforms of their systems of retirement funding and these reforms were accordingly addressed in the present research. The

APA, Harvard, Vancouver, ISO, and other styles

27

Laing, Samantha Robyn. "The constitutionality of the Criminal Law (Forensic Procedures) Amendment Act." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18619.

Full text

Abstract:

The Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 came into operation in January 2015. The Act makes provision for the establishment of a National Forensic DNA Database, which will store DNA profiles of certain groups of people. This research will discuss the establishment of a forensic DNA database in South Africa. The legal position in the United States of America will also be considered, with specific reference to the states of Maryland, California and New York. This research will focus predominantly on the collection of DNA samples and profiles from arrestees. When such sampl

APA, Harvard, Vancouver, ISO, and other styles

28

Van, der Poll Letetia. "The constitutionality of pornography." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52497.

Full text

Abstract:

Thesis (LLD)--University of Stellenbosch, 2001.<br>ENGLISH ABSTRACT: The advent of a constitutional democracy in South Africa after the first non-racial democratic elections in 1994 and the subsequent adoption of a final constitution in 1996 introduced a legal order based on "democratic values, social justice and fundamental rights". The inception of a constitutional democracy in South African encourages an assessment of the possible constitutional ramifications of pornography, specifically within a discourse on women's interests in equality, human dignity and physical integrity. Under t

APA, Harvard, Vancouver, ISO, and other styles

29

Oosthuizen, Tania. "Discrimination based on age in labour law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.

Full text

Abstract:

This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination

APA, Harvard, Vancouver, ISO, and other styles

30

Johnson, Claire Victoria. "Outsourcing basic municipal services: policy, legislation and contracts." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

Full text

Abstract:

Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous duties on municipalities to respect and promote human rights in the exercise of the powers and the performance of their functions. These duties are particularly prevalent when a municipality is deciding on the optimal service delivery mechanism for basic municipal services. It is thus crucial for the policy and legislative environment regarding municipal outsourcing to be firm

APA, Harvard, Vancouver, ISO, and other styles

31

Haffejee, Yaasir. "A critical analysis of South Africa's general anti avoidance provisions in income tax legislation." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1243.

Full text

Abstract:

This treatise was undertaken to critically analyse the new general anti avoidance rules (new GAAR) as set out in sections 80A to 80L of the Income Tax Act1. A discussion on the difference between tax evasion and tax avoidance was performed in the first chapter. The goals of this treatise were then set out. An analysis of the requirements for the application of the new GAAR was performed in the second chapter. The courts have historically reviewed the circumstances surrounding an arrangement when determining whether tax avoidance has occurred. The new GAAR requires the individual steps of an ar

APA, Harvard, Vancouver, ISO, and other styles

32

Dlamini, David Vusi. "A comparative study of employment discrimination in South Africa and Canada." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/330.

Full text

Abstract:

South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminat

APA, Harvard, Vancouver, ISO, and other styles

33

Poggenpoel, Jerome Mark. "HIV in the workplace: a critical investigation into the present legislative protection afforded to the HIV positive employee." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3090_1184766896.

Full text

Abstract:

<p>This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination by giving the historical background to HIV related discrimination. From this, the extent of stigmatization against this group was introduced.</p>

APA, Harvard, Vancouver, ISO, and other styles

34

O'Brien, N. D. "The liability of Internet service providers for unlawful content posted by third parties." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1149.

Full text

Abstract:

Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA) response is Chapter XI of the Electronic Communications and Transactions Act (ECTA). The protection it provides is however not absolute. It is limited to ISP’

APA, Harvard, Vancouver, ISO, and other styles

35

Chetty, Kasturi. "Child sex tourism in South African law." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/485.

Full text

Abstract:

Child sex tourism is tourism organised with the primary purpose of facilitating a commercial sexual relationship with a child. It involves a segment of the local child sex industry that is directly connected to both an international and domestic tourist market. The increase of tourism has brought with it complications in that tourism is being used as a means for sex tourists to initiate contact with children. Aside from child sex tourists who are paedophiles, there are those who engage in the opportunistic exploitation of children while travelling on business or for other reasons. There are a

APA, Harvard, Vancouver, ISO, and other styles

36

Lapere, Jan Noel Romain. "Occupational medical examinations and labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/302.

Full text

Abstract:

South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, s

APA, Harvard, Vancouver, ISO, and other styles

37

Abrahams, Eloise. "Efficacy of plain language drafting in labour legislation." Thesis, Peninsula Technikon, 2003. http://hdl.handle.net/20.500.11838/1742.

Full text

Abstract:

Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003<br>The framework of the employment relationship is regulated by labour legislation. The relationship is known as the tripartite relationship, it is made up of the employer, employees normally represented by the union and the state. The state is responsible for the statutory and legislative framework within which this relationship is conducted.Legislation has been traditionally written in such a manner that only a selected group could understand and interpret it. The new dispensation in South Africa necessitated a move from t

APA, Harvard, Vancouver, ISO, and other styles

38

Nengovhela, Livhuwani Adolphus. "The contribution of the Labour Court to the development of strike law." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/430.

Full text

Abstract:

The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the

APA, Harvard, Vancouver, ISO, and other styles

39

Massamba-Animbo, Stephane. "A comparison of the petroleum legislation of gabon and South Africa as instruments of development." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021143.

Full text

Abstract:

The African continent is endowed with vast natural resources of minerals, such as cobalt, diamonds, gold, bauxite, iron, platinum, silver, uranium and mineral oil. Oil is unequally distributed in the continent, with some countries, such as Cameroon, Chad, Congo Brazzaville, Equatorial Guinea, Gabon and South Africa, being particularly well endowed. These natural resources can help accelerate development on the continent, especially in Gabon and South Africa if used strategically. This dissertation gives an overview of the international instruments, which play a key role in petroleum legislatio

APA, Harvard, Vancouver, ISO, and other styles

40

Mabeka, Nombulelo Queen. "When does the conduct of an employer infringe on an employee's constitutional right to privacy when intercepting or monitoring electronic communications?" Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5883_1253850534.

Full text

Abstract:

<p>&quot<br>The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) that regulates the monitoring of electronic communications has not yet been tested by our courts. This paper explores the likelihood of an infringement of an employee's right to privacy by an employer in the process of intercepting the latters electronic communications. It is argued that there is no explicit provision of the protection of the right to privacy that is provided in the LRA. It is further argued that the provisions of section 4, 5 and 6 of RICA as t

APA, Harvard, Vancouver, ISO, and other styles

41

Hornigold, Angus Lloyd. "Principles of South African prison law and proposals for their implementation." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021033.

Full text

Abstract:

There are two broad areas of prisoner rights law that require development. The first area is that of the development of a common law framework with which to analyse disputes regarding the rights of prisoners. The second relates to the significant tension that exists between the conditions of detention that the Correctional Services Act envisages and the actual conditions of detention in South Africa prisons. This second aspect requires that a mechanism be created for the meaningful exercise of rights by prisoners. As a precursor to both of the above discussions it is necessary to understand th

APA, Harvard, Vancouver, ISO, and other styles

42

Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law." Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.

Full text

Abstract:

Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resultin

APA, Harvard, Vancouver, ISO, and other styles

43

Schweitzer, A. G. "Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue." Master's thesis, University of Cape Town, 1991. http://hdl.handle.net/11427/22172.

Full text

Abstract:

Bibliography: pages 133-135.<br>There is an administrative law relationship between the taxpayer and the Commissioner for Inland Revenue, (hereinafter referred to as 'the Commissioner') The basis of this relationship is that the Commissioner is required to collect tax and the taxpayer is required to pay the tax. In exercising his powers under the Income Tax Act No. 58 of 1962 (hereinafter referred to as the Act), the Commissioner has been conferred with discretionary powers. In this thesis, this administrative law relationship is examined with specific reference to the means of regulating the

APA, Harvard, Vancouver, ISO, and other styles

44

Meintjes-van, der Walt Lirieka. "The domestic worker some considerations for law reform." Thesis, Rhodes University, 1993. http://hdl.handle.net/10962/d1003198.

Full text

Abstract:

This thesis examines ways in which domestic workers in South Africa could be included within the scope of existing industrial legislation. At present the legal position of a work force of 862 000 is regulated by the common law contract of service. Socio-economic factors form the background of this investigation,which first sets out to determine whether the common-law contract of employment is capable of equitably regulating the employment relationship. The fallacy of the assumption that individuals agree on the terms of exchange in the employment contract on the basis of juridical equality, an

APA, Harvard, Vancouver, ISO, and other styles

45

Mnguni, Sihle. "The application of section 17 of the Employment of Educators' Act." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/11865.

Full text

Abstract:

The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importa

APA, Harvard, Vancouver, ISO, and other styles

46

Myeza, Sanele Phillip. "The extent of the right to strike in South African labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1037.

Full text

Abstract:

South Africa emerges from a history where, workers, and in particular African workers, were excluded from enjoying labour rights and particularly the right to strike, without consequences. Participation in industrial action was treated as a delict or even a criminal offence by employers and the state. A history where participation in a strike was treated as breach of contract and therefore the employer could dismiss striking employees at will. The first democratic elections in South Africa introduced a Constitutional democracy. The Constitution introduced the Bill of Rights in terms whereof th

APA, Harvard, Vancouver, ISO, and other styles

47

Woodbridge, Taryn. "The regulation of tax practitioners in South Africa: a proposed model." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003128.

Full text

Abstract:

Tax practitioners in South Africa have been operating in an unregulated tax industry. This has allowed certain tax practitioners to fail in their duties to their clients, as many do not have to abide by any code of conduct or ethical principles, to the detriment of the public. Other than the provisions in the Income Tax Act, 58 of 1962, there has been no regulation. As a result of losses suffered by taxpayers either through the incompetence, ignorance or negligence of a tax practitioner, as substantiated by case law, and increased costs borne by the South African Revenue Services due to unnece

APA, Harvard, Vancouver, ISO, and other styles

48

Myeki, Mfundo. "Dismissal law in the education sector." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1567.

Full text

Abstract:

This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.

APA, Harvard, Vancouver, ISO, and other styles

49

Louw, Jacobus Francois. "The right to adequate housing : making sense of eviction procedures in the context of rental housing after Ndlovu V Ngcobo." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15600.

Full text

Abstract:

Thesis (LLM (Law))--University of Stellenbosch, 2004.<br>139 leaves printed on single pages, preliminary pages i-ix and numbered pages 1-130. Includes bibliography.<br>Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner.<br>ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act (RHA). Th

APA, Harvard, Vancouver, ISO, and other styles

50

Swart, Lynette. "The legal framework pertaining to selected segments of the financial market." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1425.

Full text

Abstract:

A sound financial system is the cornerstone of any country‘s economy. As South Africa has always been deemed to have a sound legal framework pertaining to the financial market, it has never faced the situation where it had to extensively review its entire legal framework. However, the recent global economic meltdown left policy makers, internationally, questioning the soundness of their financial systems and South Africa has been no exception. This dissertation provides an overview of the legal framework pertaining to selected segments of the financial market. This legal framework is then test

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!