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Dissertations / Theses on the topic 'Insurance law (Islamic law) – South Africa'
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1
Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.
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Includes bibliography.What I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the implementation of MPL [Muslim Personal Law] is examined in this thesis. It must be said at the outset that MPL has as yet not been applied in South Africa. The debate regarding its implementation has only begun. This thesis thus looks into the dynamics of this experience. Some aspects of the debate is also based on projections and comparative studies.
2
Moolla, Mohammed. "The imperative to implement Muslim personal law in South Africa." University of Western Cape, 2021. http://hdl.handle.net/11394/8358.
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Magister Legum - LLMIt has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .
3
Deonandan, Nirvana. "Insurance warranties in South Africa: consideration of reform of the law on insurance warranties in South Africa and why there is a need for such reform." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31556.
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Aim The overall aim of this dissertation is to consider reform of warranties in the area of insurance law in South Africa. In considering the main aim of this dissertation, the current law relating to insurance warranties in South Africa and other jurisdictions will be analysed in order to demonstrate why the South African position is unsatisfactory in its current form and therefore in need of reform as well as ideas on how the current law can be reformed. Thesis It will be argued that the South African law on insurance warranties is in need of reform to address unsatisfactory aspects of it indicated in recent judgments and by academic commentators and that such reform should, in broad terms, take account of consumerism and eliminate the harsh and unfair effects associated with the interpretation and implementation of warranties.
4
Suleman, Yasser. "The legislative challenges of Islamic banks in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/21644.
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Thesis (MBA)--Stellenbosch University, 2011.The Islamic Banking industry has been one of the fastest growing industries worldwide with a compound annual growth rate of 28% between 2006 and 2009(Reuters, 2010). These growth rates were experienced amidst the worst economic meltdown the world has seen in decades. This is a clear indication that there is a high level of confidence in the industry. Although the industry has existed for centuries, the past few decades have brought about a revival in Islamic banking. Many Western countries are recognising the industry’s importance and have taken various steps in supporting the establishment of it. South Africa has also taken such steps and has a vision of becoming a hub for Islamic banking on the African continent. This mini thesis examines the differences in nature of the underlying principles of Islamic and conventional banking which then brings to the fore the various challenges that exist in the unhindered functioning of Islamic banks within Western countries. These challenges revolve around institutional and legal frameworks, regulatory and supervisory bodies, South African Reserve Bank requirements, interest, taxation and conceptual understandings. In order to provide recommendations to address these challenges, case studies of Islamic banking in both, Islamic and Western countries were conducted. These case studies provided insight into how countries have addressed similar challenges and to what degree were they successful. This provided the basis from which recommendations were made for Islamic banking to function efficiently and effectively in South Africa and for the country to achieve its goal of becoming a hub of Islamic banking on the African continent.
5
Prinsloo, Adam. "The need to reform promissory warranties in South African insurance law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78884.
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A critical historical consideration of promissory warranties in South African Insurance Law , an argument for the need of reform of such warranties and proposals of what such reform should entail.Mini Dissertation (LLM (Insurance Law))--University of Pretoria, 2020.
Mercantile Law
LLM (Insurance Law)
Unrestricted
6
Moosa, Najma. "A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman." University of Western Cape, 1991. http://hdl.handle.net/11394/7497.
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Magister Legum - LLMAs a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. This has prompted me to do some research into the history of Islamic law, the spreading of Islamic law over large parts of the world and the question of the recognition and application of Islamic law in South Africa. The central theme of this study is the Islamic law of succession in so far as it affects women. Chapter One of my dissertation contains a brief historical background which outlines on the one hand, the nomadic society, women and succession in pre-Islamic Arabia and on the other, their improved position upon the advent of Islam {seventh century) . It ends with the historical background of Muslims in South Africa. Chapter Two is devoted to the marriage property background against which both the South African and Islamic law of succession operate. Thereafter, in Chapter Three, the South African law and Islamic law (substantive rules} of succession are compared. These include both intestate and testamentary succession, the latter being limited on the Islamic side. Chapter Four, with the backgrounds sketched in Chapters Two and Three, demonstrates the visible internal conflicts between the Islamic and South African law of marriage and succession as encountered in South African practice. After evaluating statistics and alternative solutions in this regard, and having arrived at certain conclusions, I propose that recommendations about the possible recognition and application of Muslim Personal Law in South Africa which is at present enjoying the attention of the South African Law Commission in Project 59 should see fruition and be implemented as it can only assist the society in closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society. which we live since it is a vital aspect affecting our daily lives {and deaths!). Chapter Five covers the whole aspect of the Muslim testator or testatrix' s limited "freedom" of testation and reforms by certain forerunner countries in this regard which on closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society.
7
Mathekgane, Justice Mpho. "The laws regulating National Health Insurance scheme :prospects and challenges." Thesis, University of Limpopo, 2013. http://hdl.handle.net/10386/2542.
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Surtee, Bibi Fatima. "The accommodation of the Islamic law institution of Takaful under the South African insurance law." Diss., 2017. http://hdl.handle.net/10500/25301.
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With the rapid development of the Islamic banking and finance in South Africa, the legal regime of South Africa, must be able to progress at the same rate of development. The recognition of a foreign legal system such as Islamic law in South Africa is challenging and difficult. South Africa, has an interest based insurance legislative framework and this is not aligned with the principles of the Islamic financial system.
As a result of this, regulators have taken various measures to develop and promote the Islamic Industry. The amendment to the South African Tax legislation has created an equitable and level playing field for Islamic law. The South African government also has a further obligation which is to develop a legislative framework to govern Islamic law, as well as to enhance the regulatory and supervisory framework.
The study of the development of the Islamic legal regime is an important area that aids legal practitioners in identifying and resolving legal disputes. The purpose of this paper is to examine the accommodation of the Islamic law of Takaful under the South African Insurance legal framework.Public, Constitutional and International Law
LL. M. (Public, Constitutional and International Law)
9
Toffar, Abdul Kariem. "Administration of Islamic law of marriage and divorce in South Africa." Thesis, 1993. http://hdl.handle.net/10413/7352.
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Kholvadia, Faatima. "Islamic banking in South Africa - form over substance." Thesis, 2016. http://hdl.handle.net/10539/22219.
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A research report submitted
In partial fulfilment of the requirements for the degree of
Master of Commerce
University of the WitwatersrandThe purpose of this study is to analyse the operational economics of Islamic banking transactions in South Africa and to understand how the economics of these transactions lead to the IFRS accounting. The study also aims to highlight the similarities and differences of accounting for these transactions using IFRS, across the different South African banks. The transactions analysed are deposit products of qard and mudaraba and financing products of murabaha, ijarah and diminishing musharaka. The study was conducted through interviews with representatives from each of the four South African banks which offer Islamic banking products. Interviews were semi-structured and allowed for interviewees to voice their perspectives increasing the validity of the interviews. The study found that the specific Shariah requirements of Islamic banking transactions are considered and included in the structure of the contracts by all four banks offering Islamic banking products. However, the economic reality of these transactions closely resembles conventional banking transactions. The study also found that all four banks account for Islamic banking transactions using IFRS but the accounting does not match the Shariah requirements of each transaction, creating a cognitive dissonance between the accounting and the contractual form of the transactions. This study is the first of its kind in South Africa. The study adds to the IASB Consultative Group discussion on accounting for Islamic banking transactions under IFRS. Key words: Conceptual Framework, diminishing musharaka, IFRS, ijarah, Islamic banking, mudaraba, murabaha, qard
MT2017
11
Toffar, Abdul Kariem. "Administration of Islamic law of succession, adoption, guardianship, legacies and endowment in South Africa." Thesis, 1998. http://hdl.handle.net/10413/7456.
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Morapi, Lesetja. "The regulation of Islamic banks and financial institutions in South Africa." Thesis, 2015. http://hdl.handle.net/10210/14012.
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LL M. (Commercial Law)It is believed that Islamic banking and finance is currently the fastest growing system of banking in the world. In 2010, Islamic finance institutions reported an estimated USD 1 trillion in global assets, and an estimated growth rate of 15%.1 Many countries have taken notice of this growth, and have attempted to implement measures that will allow them to best reap their share of the spoils. This dissertation will attempt to explain the nature of Islamic banking, its history and development, as well as the main principles upon which it is based. The dissertation will then compare Islamic banking and its Western or conventional banking counterparts as well as advantages and drawbacks of both systems. The dissertation will attempt to provide an exposition of the current regime in South Africa and its impact on the functions of Islamic banks, as well as providing an explanation of how these banks operate within the South African legal framework. The dissertation will also explore the legal systems and regulation of Islamic banks and other financial institutions in other jurisdictions, and also attempt to provide a guide as to whether the South African position needs reform or whether it is sufficient to take advantage of this growing sector of finance ...
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Mkhabela, Manqoba Bonginkosi. "South Africa's changing regulation: an opportunity for smaller players in the insurance industry." Thesis, 2016. https://hdl.handle.net/10539/23880.
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Dissertation submitted in partial fulfilment of the requirements for the degree
Master of Management in Finance and Investments
at the Wits Business School, 2015The South African insurance industry exists within the shifting paradigm of regulation. The global financial crisis in 2008 has fostered a worldwide need to reassess the financial regulatory environment. Financial stability, reduction of redundancies and the closing of loopholes, so as to avoid arbitrage, has since come under the spotlight. In keeping with the international principals and trends The South African National Treasury has tabled a series of legislation that will help close the gaps, ensure the prudential integrity of the insurance system and outline the fair treatment of customers involved. Micro-insurance and funeral insurance present systems that are highly unregulated and therefore pose a threat to both the principals of prudential and market conduct oversight. Micro-insurance is also heralded as the saving grace (Morduch, 2002) in providing a vehicle to include the formerly excluded members of the society to the mainstream insurance market. The paper explores the various operators that exist in the funeral insurance market and aims to answer whether an opportunity exists for them under the new regulatory paradigm. Perceptions of industry role players are presented in the findings of this paper. These perceptions were attained by interviewing the industry professionals that are privy to the compliance information and are well versed in the strategy of their company. The findings in the paper show that the current system that exists is not conducive for informal operators. It further acknowledges that even though a great opportunity exists for informal insurers, because of their understanding of socio-economic factors of the low income sector, they do not see the opportunity that is presented to them. Furthermore there exists a place for these players to operate in the formal network, and their entrance will not cannibalise the existing insurance industry.
GR2018
15
Havenga, Peter Henry. "Die regsbetrekkinge by ooreenkomste met versekeringsmakelaars." Thesis, 2015. http://hdl.handle.net/10210/14201.
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"Verkryging van eiendomsreg deur 'n versekeraar in geval van 'n versekerde saak." Thesis, 2015. http://hdl.handle.net/10210/14199.
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Wayburne, Paul Allen. "Developing a constitutional law paradigm for a national health insurance scheme in South Africa." Thesis, 2014. http://hdl.handle.net/10539/15214.
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Thesis (Ph.D.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2014.The proposed National Health Insurance (‘NHI’) is the most extensive health policy initiative proposed by the South African government since 1994, to bridge the divide between the private and public health sectors. It is intended that the NHI will fund health care services for the entire population. Yet, despite its laudable goals, the implementation of NHI might be stalled by litigation concerning its constitutionality. In this thesis, I construct a constitutional paradigm within which such challenges can be understood. Departing from the premise that the Constitution places a positive obligation on the state to implement redistributive policies in the health sector in order to progressively realise the right to have access to health care services, the thesis identifies the tensions underlying the proposed implementation of NHI and aligns these to liberty-based and equality-based understandings of the right to health, respectively. This analysis takes place after having considered the history of health care reform in South Africa and debates on the desirability of NHI. The thesis then investigates and sets out the constitutional principles, values and standards embodied by the rights to equality, freedom and security of the person, and access to health care services, and considers the extent to which current the formulation of the proposed NHI adheres to these principles. Potential constitutional challenges to NHI by private sector interest groups are identified. These challenges are primarily concerned with adverse effects that the implementation of NHI may cause to current beneficiaries of private sector health services. It is argued that these adverse consequences will, for the most part, not justify a finding that relevant features of NHI are unconstitutional. This is either because they will not amount to an infringement of the relevant constitutional rights or because such an infringement will be capable of reasonable justification in terms of the general limitations clause. Only where the impairment of existing rights is disportionate or is related to some extraneous purpose inconsistent with constitutional rights and values will NHI not pass constitutional muster. Ultimately, the constitutionality of different features of NHI will depend on how the rights of those who already have access to health care services under the current health financing system are balanced with those who currently lack such access.
18
Adendorff, Michael Joseph. "An analysis of certain aspects of the value-added tax treatment of the short-term insurance industry." 1999. http://hdl.handle.net/10500/17089.
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John, Jerome. "Performance analysis of Shari'ah compliant equity portfolios and non-Shari'ah compliant equity portfolios in South Africa: a comparative study." Thesis, 2012. http://hdl.handle.net/10539/11978.
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Hendricks, Shariefa. "Polygamy in South Africa : an exploratory study of women's experiences." Thesis, 2004. http://hdl.handle.net/10413/8714.
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Four Muslim senior wives, 35 years and older, were interviewed about their experiences in a
polygamous marriage. The Theory of Gender and Power was used to understand some of the
emerging themes in the gendered relationships between men and women in polygamous
relationships. Thematic content analysis revealed the overarching theme of power. The women
expressed helplessness in the face of a practice that they consider objectionable on the one hand,
but that they feel compelled to tolerate because their religion permits it. In order to cope with their
pain there was a need to assign blame for their husband's remarriage. Blame was attributed to
both internal and external causes. Senior wives equate polygamy with "infidelity" and therefore
perceived it as an act of betrayal, Consequently, this led to feelings of anger, rejection, pain and
jealousy, and subsequently the nonacceptance of the junior wife into the marital dyad. The women
reported feelings of loss with regard to the marital relationship, such as loss of financial support,
trust, self esteem, identity, dignity and sense of self. For these senior wives, polygamy resulted
in loss of sexual exclusivity, shared intimacy and security, which was accompanied by feelings of
humiliation and degradation. The women believed that polygamy resulted in straining the
relationship between children and their fathers. Children were reported to have experienced
emotional, behavioural and academic problems.Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.
21
Wills, Michelle A. "An examination of the progression towards no-fault motor vehicle insurance, with particular reference to the Republic of South Africa." Thesis, 1986. http://hdl.handle.net/10413/5234.
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At present in South Africa, personal compensation in relation to motor vehicle accidents is firmly based on the delictual principle of 'fault'. This gives rise to a number of questions: Is this the system best suited to the realities of the motor vehicle and its accident-causing potential in modern society? Are the interests of society best served by a system of compensation based on fault? Is this the optimum system for the handling of the vast number of claims arising out of motor vehicle accidents? Are there alternative workable schemes which could be introduced? To these
questions the writer addresses herself in this thesis. By no means will this thesis answer all the intricate and complex questions involved in the fault vs. no-fault debate. However, it is hoped that what follows will contribute to a better understanding of the basic issues involved and will facilitate further discussion with a view to improving the lot of the motor vehicle accident victim.Thesis (LL.M.)-University of Natal, Durban, 1986.
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Mohamed, Sayed Iqbal. "Rights and obligations of landlord and tenant : a study in the light of Shari'ah (Islamic law) and the South African rental housing act." Thesis, 2001. http://hdl.handle.net/10413/6795.
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Tenants represent a marginalised group in South Africa, with land and housing, and particularly rental accommodation in great demand. Renting is a viable option for certain tenants but in the absence of the provision of rental housing, tenants are trapped in a "feudal" system of tenant-landlord relationship. The importance of this study stems from the fact that there appears to be violations of tenants' rights and that the obligations of both tenant and landlord from a Shari-ah perspective have either been overlooked or ignored completely thus far. This study examines the hardships faced by tenants specifically in privately owned residential accommodation in Durban and other major South African cities. It aims to critically examine Islamic perspective on housing and land tenure and guidelines that govern tenant-landlord relationship in respect of residential rental accommodation. It also looks at the South African development of land and housing policy, legislation, the provision of public and rental housing and tenure and tenant-landlord relationship. It examines the historical development of such a relationship in the west and the development of rent legislation in South Africa and the most recent legislation, the Rental Housing Act 50 of 1999. This study sought responses from recognised, well-established Muslim organisations in South Africa to a questionnaire dealing specifically with residential rental accommodation and general information on a range of tenant-landlord related matters. It is hoped that their response that are analysed and discussed would contribute to a better tenant-landlord "culture". The overall findings of this study into the Islamic and South African perspective on tenant-landlord relationship have implications for policy makers, Islamic scholars, NGOs and a whole range of stakeholders, locally as well as internationally. In the light of this study, suggestions are made to stimulate further research on some of the pertinent issues addressed.Thesis (M.A.)-University of Durban-Westville, 2001.
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Cassimjee, Ismail. "The concept of halal and haram in relation to the muslim diet : a historical study of the need and relevance for the establishment of halal authorities in South Africa." Thesis, 2004. http://hdl.handle.net/10413/6341.
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Laidlaw, Cristiaan Johannes. "The influence of FAIS and FICA on a medium sized life insurance company – Assupol Life." Diss., 2010. http://hdl.handle.net/10500/4845.
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As a medium-sized life insurance company Assupol Life provide life insurance products to clients within government departments, although the company entered the broader private market. The enactment of the Financial Advisory and Intermediary Services Act, 2002 and the Financial Intelligence Centre Act, 2001 impacted financial service providers and the research analysed the influence of regulation on managerial decision making, marketing and sales, finance, human resources, training and the structures within the organisation to comply with the legislation.
The study endeavoured to determine the influence of regulation on the company and the measures implemented by the management of Assupol Life. The research results confirmed that the primary challenge faced by the company is to find a balance between compliance, managing human capital and creating value for shareholders. The major impact of the legislation involves the human resource- and training functions and the study illustrated that other influences was less severe.Business Administration
M. Tech. (Business Administration)
26
Patel, Ebrahim. "A South African perspective on the investment performance of ethical funds compared to conventional funds and investor behavior as regards ethical funds." Thesis, 2016. http://hdl.handle.net/10539/21575.
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A thesis submitted to the Faculty of Commerce Law
and Management, University of the Witwatersrand,
Johannesburg, in fulfilment of the Degree of Doctor of
PhilosophyEthical investing has become increasingly prevalent in recent years and mirrors a rise in shareholder activism, consumer ethics and corporate social responsibility. Shariah funds are a subset of ethical funds. The rise in popularity of ethical funds has raised questions as to whether ethical funds perform better than conventional funds, and whether ethical funds are riskier than conventional funds. A number of studies have been carried out in different countries utilising the traditional performance measures as well as factor models to determine the risk profile and returns of ethical funds compared to conventional funds. These studies have shown that the results are country specific and hence each country needs to be analysed separately. The aim of this study is to investigate ethical funds (incorporating Shariah funds) in the South African context. The study examines the performance and risk profile of ethical funds relative to conventional funds utilising traditional performance methods as well as the CAPM model and Fama French 3-factor model. Furthermore, the study determines the factors that influence investors to invest in ethical funds and to examine their investment preferences when choosing between conventional funds and ethical funds through a survey of Muslim investors. Finally, the study examines the role of advertising in ethical fund investment and investigates whether the marketing material of ethical funds is aligned to investor requirements by utilising content analysis to compare the fact sheets of various mutual funds for the presence of factors identified as important by investors. The empirical results show that conventional funds outperformed ethical funds with a greater variability of return over a truncated time period. Both ethical and conventional funds were driven primarily by the market return with no clear style bias. In fact, ethical funds had a stronger beta to the ALSI than to the JSE SRI index. The qualitative analysis showed that the sampled investors perceived conventional funds as offering better returns, but being more risky. The sampled investors were willing to undertake financial sacrifice in order to invest according to their faith. The most important source of information regarding investments was cited as professional advice, followed by word of mouth and advice from family and friends. Advertising came in behind these factors and was not an influential source of information for the sampled investors. The factors most important to investors when deciding to invest in a fund was the philosophy of the fund (i.e. it’s investment strategy or ideology) followed by the risk profile of the fund and past returns of the fund. The content analysis showed that the factsheets of South African mutual funds were aligned to the factors identified by the sample of investors as most important with influencing their decision to invest. Moreover, conventional funds focused more on returns than risk, with ethical funds focusing more on risk than return – thus funds tended to emphasise their strong points most in their factsheets.
MB2016
27
Mabidi, Mpho Brendah. "A critical discussion of the right of access to health care services and the National Health Insurance Scheme." Thesis, 2013. http://hdl.handle.net/10386/1036.
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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013The South African government gazzetted the Green Paper introducing the NHI on 12 August 2012. This policy seeks to progressively realize the right of access to quality health care services for everyone. Those who cannot provide for themselves will be assisted by government at the expense of the elite. The NHI was first recommended by the Taylor Commission and it has been under the discussion since then. Since this announcement, there has been growing pressure for mandatory health insurance to be included in the development of a comprehensive social security system, as was envisaged by the Taylor Committee of Inquiry. This discussion was further debated at the 52nd conference of the African National Congress (ANC) in Polokwane in December 2007 where numerous resolutions were taken with regard to the NHI. The Freedom Charter of 1955 and also section 27 and 28 also provided some guidance.
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Gabralla, Abdalla Khair. "Islamic institution of charity and international disaster relief : a case study of Gift of the Givers Foundation in South Africa." Thesis, 2009. http://hdl.handle.net/10413/952.
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Jivan, Usha Ashwin. "A gender equality perspective on the non-recognition of Muslim marriages." Diss., 1997. http://hdl.handle.net/10500/17014.
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Generally, traditional "marriages" according to Islamic custom are void in
South African law because they are potentially polygynous and do not
comply with the formalities prescribed by the Marriage Act 25 of 1961 . A
valid concern for those who oppose polygyny is that it may enforce and
promote gender inequality in that it is practised in patriarchal Muslim
societies. The Constitution of the Republic of South Africa Act 108 of 1996
contains numerous provisions aimed at combating gender inequalities, and
these could be used to justify the policy of non-recognition. On the other
hand, the Constitution has ushered in an era of tolerance and empathy; and
the equality and religion clauses could be used to ensure that polygynous
marriages are no longer ignored.
This study will examine the tensions between Muslim personal law and
clauses in the Constitution which have led to calls for the reformation and
codification of Muslim personal law.Private Law
LL. M.
30
Ngqolowa, Dundu Davey. "Legal framework regulating the National Health Insurance Scheme :prospects and challenges." Thesis, 2017. http://hdl.handle.net/10386/1933.
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Thesis (M.Dev.) -- University of Limpopo, 2017.This mini-dissertation examines the policies regulating the National Health Insurance Scheme. It explores the reforms on the health care system in South Africa. In addressing this issue, the mini-dissertation investigates the constitutional obligation of the South African government regarding the provision of health care services. It also focuses on the two primary issues relating to health care services. Firstly, South Africa has allocated significant budget to fix the ailing health care system. Secondly, South Africa commands huge health care resources compared with many other middle-income countries, however the bulk of these resources are in the private sector and serve a minority of the population. It further looks at the lessons that South Africa could learn from the successes of the National Health Insurance Scheme implementation in Organisation for Economic Co-operation and Development (OECD) countries as it proceeds with the implementation of the National Health Insurance.
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Catterson, Michelle Karen. "The liability of companies and that of directors in their personal capacities, in relation to legal warranties." Diss., 2019. http://hdl.handle.net/10500/26389.
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This research looks at the need and enforceability of legal warranties that companies include in contracts and/or public displays/notices to limit the company’s liability exposure to third parties. It also discusses the liability incurred by a company and that of its directors in their personal capacities (if any) should the legal warranty implemented be found to be unenforceable. The liability that may be incurred by the company and/or its director/s is dependent on whether the legal warranty which it implemented is enforceable or not and therefore it is important to establish what would constitute an enforceable legal warranty. In order to determine what is likely to constitute an enforceable legal warranty the study looks back at what has previously been deemed to constitute an unenforceable legal warranty. This is done by analysing the common law principles of contract, being the freedom to contract and the sanctity of contract, and its development in accordance with our constitutional dispensation through case law precedents. The provisions of the Consumer Protection Act 68 of 2008 that apply to legal warranties are also analysed in order to determine the anticipated outcome of future case law where the Consumer Protection Act 68 of 2008 may be applicable to a dispute involving legal warranties. Once what constitutes an unenforceable legal warranty is established, the study will discuss the legal position of a third party, and that of the company, where a third party has suffered damages as a result of the company’s acts or omissions and the company is unable to raise a legal warranty as a defence against such liability, as the legal warranty is found to be unenforceable. Thereafter the study will discuss the measures available to the company where the company is found liable to the third party for the aforementioned damages and the company wishes to mitigate its losses in this regard. Such measures shall include director insurance as well as the recovery of such liability against a director, in the director’s personal capacity, where the company either does not have director insurance or is unable to enforce the director insurance due to the actions of a director. In order to determine the director’s accountability to the company in this regard an assessment is made of the duties imposed on a director in terms of the common law and Companies Act 71 of 2008 to establish whether such duties are wide enough to include a duty on the director to ensure legal warranties he/she plays a part in implementing are enforceable.Mercantile Law
LL. M. (Corporate Law)
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Moodie, B. (Benjamin). "Kwantifisering van derdeparty versekeringseise: die rol van die bedryfsielkundige." Diss., 1992. http://hdl.handle.net/10500/27312.
Full textAbstract:
Summary in Afrikaans and EnglishAgainst the background of the volume of Third Party Claims instituted annually and considering the cost involved therein, it has become increasingly important that Industrial Psychologists be consulted to assist in the quantifying of such claims. From an Industrial Psychologist's view, these claims can be quantified by making use of certain Industrial Psychology techniques. These techniques include psychometrical evaluation, applying the knowledge on:- training, job analysis, interviewing and guidance, career planning and ergonomics. The purpose of this study was to liaise with the Legal Profession to identify the requirements and problem areas experienced in the establishing and quantifying of Third Party Insurance Claims. The needs thus identified served as the basis for this study. In the process of defining and categorising these problems, it became apparent that these requirements could be addressed satisfactorily by Industrial Psychologists. It was therefore possible also to determine whether Industrial Psychology as a Science, could contribute to solving these problems. To determine therefore whether Industrial Psychology could actually address and solve these problems and whether the Courts would recognise the contribution of Industrial Psychologists, an actual case study was made of a matter where two Industrial Psychologists had made evaluations. Researching the methods of evaluations employed, and viewing the finding of the Court thereafter, it became apparent that Industrial Psychology can satisfy the need encountered by the legal profession therein. It is further concluded that the curriculum of Industrial Psychology may be successfully applied as an accepted Science in the quantifying of Third Party Insurance Claims.
Teen die agtergrond van die hoeveelheid derdepartyeise wat jaarliks ingedien word, met inagneming van die koste verbonde, word dit toenemend belangrik dat bedryfsielkunde behulpsaam moet wees met die kwantifisering van sulke eise. Vanuit 'n bedryfsielkundige oogpunt kan hierdie eise gekwantifiseer word deur gebruik te maak van sekere bedryfsielkundige tegnieke. Hierdie tegnieke sluit in, psigometriese evaluering, kennis oor opleiding, posontleding, onderhoudvoering en voorligting, loopbaanbeplanning en ergonomika.
Industrial and Organisational Psychology
M. Com. (Industrial and Organisational Psychology)
33
Nkabinde, Fortunate Thobeka. "Mediation : an alternative dispute resolution in medical negligence cases." Diss., 2018. http://hdl.handle.net/10500/25499.
Full textAbstract:
Medical negligence is a growing concern within South Africa.1 The medical environment has great potential for conflict, because even the best trained physicians can commit errors that result in medical disabilities and sometimes in death.2 The conflicts that follow from these errors are mostly fuelled by emotions and they can become very expensive and time-consuming to settle using the litigation process.3 There is a growing recognition that alternative dispute resolution (ADR) systems in healthcare may alleviate some of the financial and psychological burdens on doctors and patients involved in medical negligence disputes. Mediation is a method of ADR that is flexible and it permits the parties to the dispute to have control over the resolution.
A typical medical negligence dispute is driven by intensely emotional factors on the part of injured patients. Victims are not merely seeking financial compensation but they are also looking to understand the circumstances that brought on the event at hand. They want closure. A huge issue with regard to medical negligence litigation is the manner in which the claims are resolved. Litigation provides injured patients and caregivers with a traditional platform for addressing medical negligence claims. However, due to many reasons, this system seems not to be adequate for dealing with disputes arising from alleged medical negligence. Mediation offers a promising solution to the problems surrounding redress of medical negligence disputes.Jurisprudence
LL. M.
34
Kuschke, Birgit. "Insurance against damage caused by pollution." Thesis, 2009. http://hdl.handle.net/10500/1637.
Full textAbstract:
Universally complications exist concerning insurance cover for the risks posed
by pollution damage. Environmental insurance cover can be procured under
first-party or third-party insurance. For the latter, the polluter's statutory or civil
liability is required. The determination of liability for compensation, especially
delictual liability, remains problematic.
The right to the environment in section 24 of the Constitution creates a
general duty of care. The introduction of a strict liability regime can be
recommended to alleviate the burden of proving fault and contributory
negligence. Where there is multiple or cumulative causation or the exact
identity of the polluter is unknown, potential solutions regarding the allocation
of liability include a pollution-share, joint and several, market-share or, as a
last resort, a proportional allocation. Actionable damages should include
property damage, pure economic loss, clean-up costs and natural resource
damages, including compensation for reduced aesthetic value.
Due to the uncertainty and potential magnitude of pollution-related claims,
insurers have attempted to avoid or limit these risks by including specific
pollution exclusion and limitation clauses in policies. Statutory regulation of
policy content and prescribed wording for clauses could address problems
relating to the interpretation of policy provisions.
Various other issues such as the coverage of gradual pollution, the effect of
the various triggers of coverage and the potential long-tail liability of insurer,
the lack of information and the unpredictability of the risk cause further
complications for both the insured and the insurer. Policies should preferably
be issued on a `claims-made' basis linked to retroactive dates. Mandatory
third-party insurance to the benefit of a third party should be required within
specific high-risk industries, specifically for the benefit of the prejudiced
person or an environmental remediation fund. The right of a prejudiced party
to claim directly from the polluter's liability insurer should be introduced.
Currently, the focus appears to be more on protection and environmental
remediation than on civil compensation. There is an urgent need for the
development of statutory and civil liability compensation mechanisms and for
an increased regulation of insurance policies and practices to ensure effective
insurance cover to provide compensation for environmental damage.Jurisprudence
LL.D.
35
Matloga, Nicholas Sylva. "Time-barring and prescription of pension funds : a legal perspective." Thesis, 2012. http://hdl.handle.net/10386/725.
Full textAbstract:
Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012The amendment of section 30I (3) of the Pension Funds Act No.24 of 1956 by the provisions of section 30I of the Pension Funds Amendment Act No.11 of 2007 poses a serious threat to the constitutional right to social security (Section 27 (1) (c) of the Constitution). The amendment places this challenge on this right because it places some form of time-barring on the member of the fund or the complainant (his or her dependent) when lodging a pension funds complaint after a prescribed time has elapsed (three years) and the Adjudicator will no longer have no powers to condone such a late referral despite good cause shown and prospects of success on the part of the complainant. The said amendment has placed the poor more especially those in the rural areas in a disadvantageous position, because most of them are illiterate and not aware of their pension law rights. This means that even though they are entitled to the pension funds benefits, they cannot access it if they lodged their complaint outside the three-year period.
36
Mduma, Regina Mshinwa. "Admiralty jurisdiction and party autonomy in the marine insurance practice in South Africa / Regina Mshinwa Mduma." Thesis, 2013. http://hdl.handle.net/10394/11847.
Full textAbstract:
An increase in international trade has resulted in an increase in the carriage of goods by sea, which has also promoted the business of marine insurance on a very huge scale. Marine insurance contracts fall within both the admiralty jurisdiction where admiralty laws apply and special contract law where the rules and principles of contract law apply. In certain circumstance this has left the courts with a dilemma in deciding in particular cases which law should apply; whether maritime law, contract law or marine insurance law.
There are certain principles under the law of contract that are said to be profound and cannot be ousted easily by substantive law. The principle of party autonomy is one of these principles and it has gained international recognition through a number of cases. However, to date, courts are faced with difficulties in deciding whether to uphold the choice of law on jurisdiction and governing law exercised by parties or resort to substantive law, either by virtue of admiralty law or any other statutes in a country, which provisions may be contrary to the clause on choice of law under the contract. In South Africa practice has shown that courts are always reluctant to apply the clause on choice of law if they believe such application is against the public policy and interest in South Africa. This begs the question as to the precise meaning and effect of “public policy and interest” and how this principle influences the long-standing and well-established principle of party autonomy in admiralty jurisdiction.
This dissertation is aimed at providing a legal response to this problem by analysing case law and the different viewpoints of various writers. It is imperative to investigate if their decisions and views answer all the uncertainties with regard to the meaning and the effect of the concept of “public policy and interest” on the principle of party autonomy.LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014
37
Strydom, Johan Joost. "Enkele opmerkings oor die wesenlikheidsvereiste in die lig van Qilingele v South African Mutual Life Assurance Society 1993(1) SA 69(A)." Diss., 1996. http://hdl.handle.net/10500/16139.
Full textAbstract:
Summaries in English and AfrikaansWanvoorstelling van wesenlike feite deur omiss/o aan 'n versekeraar kan tot gevolg he dat die versekeringskontrak ongeldig verklaar word ingevolge die gemene reg. In Mutual and Federal Insurance Co Ltd v Oudtshoorn Municipality 1985 (1) SA 419 (A) is beslis dat wesenlikheid bepaal moet word vanuit die oogpunt van die redelike man. In 'n paging om bewys van die wesenlikheid van feite te vermy, het versekeraars vereis dat aansoekers die voorstellings in die kontrak moat waarborg. Dit het tot gevolg gehad dat voorstellings wat in die kontrak gewaarborg is outomaties wesenlik was. Sedert die invoering van artikel 63(3) van die Versekeringswet 27 van 1943 deur die wetgewer gedurende 1969, is die wesenlikheid van voorstellings egter 'n vereiste, selfs waar dit in die kontrak gewaarborg is. Versekeraars sou dus in die toekoms nie agter kontraktuele wanvoorstellings kon skuil nie. Hierdie maatreel het meer beskerming aan die versekerde gebied. In Qilingele v South African Mutual Life Assurance Society 1993 (1) SA 69 (A) is die toets vir wesenlikheid, soos vereis deur artikel 63{3), aangespreek. Dit het die vraag laat ontstaan of daar twee aparte toetse vir wesenlikheid bestaan, naamlik gemeenregtelik en statuter, en of daar een algemene toets bestaan.
Misrepresentation by omissio of material facts to an insurer may lead to an insurance contract being declared invalid in terms of the common law. In Mutual and Federal Insurance v Oudtshoorn Municipality 1985 (1) SA 419 (A) it was decided to determine materiality in the eyes of the reasonable man. To avoid proving materiality of facts, the insurers required proposers to warrant the representations in the contract. This resulted in the facts automatically being material. In 1969 parliament, .however, enacted section 63(3) of the Insurance Act 27 of 1943 whereby materiality of presentations, even where it was warranted in the contract, became a requirement. Therefore insurers could in future not hide behind contractual misrepresentations. This provided more protection to the insured. Qilingele v SA Mutual Life Assurance Society 1993 (1) SA 69 (A) addresses the test for materiality as required by section 63(3). This resulted in the question whether two separate tests for materiality in terms of common law and statute, or only one exists.
Criminal and Procedural Law
LL.M.
38
Monyamane, Phillip Lesetja. "The nature, assessment and quantification of medical expenses as a head of delictual damage(s)." Diss., 2013. http://hdl.handle.net/10500/13103.
Full textAbstract:
Medical expenses refer to all medical and related expenditure reasonably incurred in respect of bodily injuries sustained. This then constitutes the primary loss in incidences of bodily injuries. However, it is accepted that bodily injuries infringe in the main the non-patrimonial aspects of the individual’s bodily integrity which is a personality right. Notwithstanding this trite provision of our law, the dissertation contends that medical expenses as a head of damages is inherently patrimonial. In essence, the true nature of medical expenses as a loss that ultimately affects both the patrimonial and non-patrimonial interests of the individual, is considered.
Furthermore, the dissertation analyses the assessment and quantification mechanisms in our law, and makes a comparative study with the corresponding positions in England and Australia. The intended outcome of this dissertation is to provide clear guidelines for the award of damages, particularly where future loss is involved.Private Law
LLM
39
Jacobs, Wenette. "Selected legal aspects of liability insurance." Thesis, 2020. http://hdl.handle.net/10500/26797.
Full textAbstract:
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 of understanding of the intricacies of liability insurance and its unique challenges. This flows primarily from its complex nature as third-party insurance, which involves legal obligations between multiple parties, and a lack of statutory regulation of the distinctive contractual aspects of liability insurance. Furthermore, limited authority exists on contentious legal aspects as a result of the relatively small number of judicial decisions in this field of law.
It is also evident that liability insurance constantly evolves as new grounds of liability emerge and new insurance products develop in response to the changing demands of society. The rise of consumerism and the increase in third-party claims amplify the economic significance of the law of liability insurance in South Africa. A substantial knowledge gap remains in our jurisprudence, irrespective of the recent introduction of new statutory instruments aimed at regulating insurance practice in general. These reforms have not as yet been applied critically to liability insurance, and no specialised legislation in South Africa regulates aspects of this branch of insurance as is the case with microinsurance.
The focus in this thesis is on two main issues: the insurer’s duty effectively to indemnify the insured, and the insurer’s defence and settlement of third-party claims brought against the insured. As a subsidiary theme, this thesis analyses legal uncertainties that may persist during pre-contractual negotiations, the liability insurance contract lifecycle, and even after the expiry of the contract. Legal challenges can be addressed by novel and creative application of the national law. Potential solutions can be gleaned from the other progressive jurisdictions reviewed – English and Belgian law. It is evident that this research may prompt Parliament to develop specific rules and regulations for liability insurance contract law. This thesis includes a check list of some of the most important disclosure duties for procuring liability insurance cover, its operation, and claims processes.Mercantile Law
LL.D.
40
Dekker, Adriette Hendrina. "Informal social security : a legal analysis." Thesis, 2005. http://hdl.handle.net/10500/624.
Full textAbstract:
With the dawn of democracy, the South African social security system was in dire need
of change. The right of access to social security was for the first time entrenched as a
fundamental right in the 1995 Constitution. Since then, many changes have been effected
to the present formal social security system, but these were mostly ad hoc and lacked a
comprehensive approach. The past history of the country led to the exclusion of the
majority of the population from formal social security protection. The excluded and
marginalised had to rely on informal social security measures to provide social
protection. This resulted in a system of co-existence between formal and informal social
security. Although informal social security is increasingly recognised as part of the social
security landscape, the role and importance of informal social security have largely been
ignored in all reforms to improve the protective scope of the present social security
system. The thesis aims to change this. Informal social security has been denied a rightful
place in the South African social security landscape. The thesis recommends a model as
to how the divide between formal and informal social security can be bridged. This
model will, it is hoped, serve as a baseline for stimulating debate and generating new
innovative ideas as to how to improve the present social security system in South Africa.Jurisprudence
LLD
41
Moosa, R. "Medical tax benefits to South African taxpayers : an overview." Diss., 2017. http://hdl.handle.net/10500/23734.
Full textAbstract:
This study presents an overview of the medical expenditure allowed to taxpayers in the South African Income Tax Act, 58 of 1962 (hereafter the “Income Tax Act”). The study traces the changes made to the allowed expenditure over time. Changes made to the Income Tax Act, illustrating the effect of qualifying medical expenses on the income of persons with disabilities in terms of the Income Tax Act, are described. Certain provisions of the Income Tax Act, as well as other legislation dealing with persons with disabilities, were analysed. Furthermore, the research shows the effect of moderate to severe limitations on a person’s ability to claim qualifying medical expenses. In particular, the change over from the medical tax deduction system (section 18 of the Income Tax Act) to the medical tax rebate system (sections 6A and 6B of the Income Tax Act) to redress the inequality between high income and low income earners, was analysed. Case studies were used to illustrate that the medical tax deduction system (section 18 of the Income Tax Act) favoured high income earners over low income earners. Finally, the change over from the medical tax deductions (section 18 of the Income Tax Act) system to the current system of medical tax rebates (sections 6A and 6B of the Income Tax Act) was analysed. Except for a very small group of taxpayers, the medical tax rebate system (sections 6A and 6B of the Income Tax Act) was found to be financially more favourable to all taxpayers.Taxation
M. Compt. (Taxation)
42
Visser, Hendrik Matthys Pieter. "Remedies van 'n versekeraar in geval van wanvoorstelling en waarborgbreuk deur 'n versekerde." Diss., 1995. http://hdl.handle.net/10500/17820.
Full textAbstract:
Summaries in Afrikaans and EnglishText in Afrikaans
In die skripsie word gekyk na die remedies van 'n versekeraar by wanvoorstelling (nie-openbaring) en waarborgbreuk deur 'n versekerde en veral die beperking van die versekeraar se kansellasiereg. Die klem sal egter val op die remedies by waarborgbreuk omdat versekeraars veel meer daarop steun. Die volgende voorstelle word gemaak. 'n Kansellasiereg behoort in die geval van wanvoorstelling (nie-openbaring) nie verleen te word as die versekeraar nogtans, met kennis van die ware feite, sou kontrakteer nie. By verbreking van bevestigende waarborge behoort 'n kansellasiereg toegestaan te word as die waarborgbreuk die betrokke versekeraar se berekening van die risiko redelikerwys geraak het maar nie as die versekeraar nogtans sou kontrakteer nie. By voortdurende waarborge behoort kansellasie beskikbaar te wees as die waarborgbreuk die skade redelikerwys veroorsaak het. 'n Skadevergoedingseis behoort beskikbaar te wees waar 'n versekeraar nie kan of wil kanselleer nie.
The remedies of an insurer, in the event of misrepresentation (non-disclosure) and breach of warranty by an insured are discussed, particularly limiting the insurer's right to cancel. The emphasis is on the remedies applicable to breach of warranty because insurers use these more frequently. The following solutions are suggested. An insurer should not be allowed to cancel in the event of misrepresentation (nondisclosure) if it would still have concluded the contract, knowing the truth. In the event of affirmative warranties a right to cancel should be available if breach of warranty reasonably affected the particular insurer's assessment of the risk, but not if the contract would still have been concluded. In the event of promissory warranties, cancellation should only be available if breach of warranty reasonably caused the loss. A claim for damages should be available if an insurer can not or does not wish to cancel.
Private Law
LL.M.