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Dissertations / Theses on the topic 'Property – Legal obligation – South Africa'

Author: Grafiati
Published: 4 June 2021
Last updated: 9 February 2022

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1

Strydom, Janke. "A hundred years of demolition orders : a constitutional analysis." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20260.

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Thesis (LLD)--Stellenbosch University, 2012.<br>ENGLISH ABSTRACT: Ownership, and especially the ownership of land, consists of rights as well as duties. The social responsibilities of the owner depend on the prevailing needs of the public (as expressed in legislation) and are subject to change. Section 25(1) of the Constitution impliedly recognises the social obligations of the property owner insofar as it confirms that ownership can be regulated by the state in the public interest. Section 25(1) also sets requirements for the interference with property rights and, in so doing, recognises
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2

Msomi, Zuziwe Nokwanda. "The protection of indigenous knowledge within the current intellectual property rights regime: a critical assessment focusing upon the Masakhane Pelargonium case." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1007744.

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The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect IK in order to prevent biopiracy and the misappropriation of indigenous knowledge and resources. While some commentators believe that intellectual property rights (IPR) law can effectively protect IK, others are more sceptical. In order to contribute to the growing debate on this issue, this study uses the relatively new and as yet largely critically unanalysed Masakhane Pelargonium case to address the question of whether or not IPR law can be
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3

Vetter, Henning. "International and selected national law on bioprospecting and the protection of traditional knowledge." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1427_1183465033.

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<p>This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property
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4

Cronje, Paul Johannes Mare. "The legal position of township developers and holders of coal-mining rights in respect of the same land." Diss., 2014. http://hdl.handle.net/10500/18820.

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Over the past decade, the regulation of mining in South Africa has undergone a fundamental transformation in order to promote equitable access to the nation’s mineral and petroleum resources. The Mineral and Petroleum Resources Development Act 28 of 2002, drastically changed the regulation of mining by placing the nation’s mineral and petroleum resources under the custodianship of the state. The transformative objectives of resource reform, as envisaged in the Constitution of the Republic of South Africa, 1996, could however not be achieved without a measure of sacrifice -- most notably, that
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5

Mneney, Edith. "Intellectual property rights and biological diversity : an international legal analysis." Thesis, 1999. http://hdl.handle.net/10413/9523.

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Biological diversity is defined in Article 2 of the Convention on Biological Diversity as the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part. This, includes diversity within species and of ecosystems. Biological diversity and its components is valuable in meeting the social, economic, scientific, educational and other human needs. Biological diversity is also important for revolution and maintaining of life sustaining systems of the biosphere. For many years biological resources
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6

Maleka, Witker Selaelo. "A municipality's constitutional obligation to promote local economic development for the benefit of its disadvantaged communities." Thesis, 2012. http://hdl.handle.net/10210/7713.

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M.A.<br>In terms of the Constitution, municipalities have a mandate to govern, to provide services and to promote social and economic development. Several pieces of legislation enhance the developmental role of local government, such as the Development Facilitation Act, 1995 (Act 67 of 1995) empowering municipalities to establish statutory land development objectives setting out a clear approach to land development for each municipality. The objects of local government as stipulated in section 152 of the Constitution of the Republic of South Africa , serve as a guideline in fulfilling its role
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7

Awa, Linus Tambu. "Killing in defence of property : a legal comparative study." Diss., 2015. http://hdl.handle.net/10500/21137.

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This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her propert
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8

Makola, Thulelo Mmakola. "A comparative legal analysis of the effects of divorce on marital property." Diss., 2018. http://hdl.handle.net/10500/24843.

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The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on par with their foreign counterparts. The prejudicial rule which governs proprietary consequences of marriage has raised difficulties for our courts in past and recent cases. The advent of a new constitutional dispensation in South Africa forbids discrimination based on sex, gender and marital status. Furthermore, the question is asked whether parties to a marriage with a fore
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9

Murugani, Vongai Gillian. "Land use security within the current land property rights in rural South Africa : how women's land based food security efforts are affected." Thesis, 2013. http://hdl.handle.net/10413/10587.

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Rural women‘s land rights in South Africa remain secondary in spite of laws founded on a constitution that promotes gender equality. Patriarchal customary laws prevail and women‘s land rights and use security are inextricably linked to their relationships with their male relatives. Rural women are key producers of agricultural products due to historical and continued male outward migration, which has led to a feminisation of agriculture. Although women farm the land, their land use security is poor and can be further threatened by divorce or widowhood. Given that most vulnerable women are base
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10

Dagada, Rabelani. "Legal and policy aspects to consider when providing information security in the corporate environment." Thesis, 2014. http://hdl.handle.net/10500/18839.

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E-commerce is growing rapidly due to the massive usage of the Internet to conduct commercial transactions. This growth has presented both customers and merchants with many advantages. However, one of the challenges in E-commerce is information security. In order to mitigate e-crime, the South African government promulgated laws that contain information security legal aspects that should be integrated into the establishment of information security. Although several authors have written about legal and policy aspects regarding information security in the South African context, it has not yet bee
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11

Ntsoane, Lefa Sebolaisi. "A legal comparison of a notarial bond in South African law and selected aspects of a pledge without possession in Belgian law." Diss., 2016. http://hdl.handle.net/10500/22063.

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A real security right improves a creditor’s chances of recovering a debt owed to him by the debtor. In the case of an ordinary pledge, the pledgor delivers physical control of his movable property to his creditor to serve as security for the repayment of the principal debt. The increasing value and use of movable property as an object of security coupled with technological advancement have resulted in many countries calling for legal reform of real security rights over movable property. In South Africa this led to the introduction of the Security by Means of Movable Property Act 57 of 1993 whi
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12

Nunes, Nacinda Louise. "The international legal framework regarding the accessibility of infrastructure for physically disabled learners at public schools in South Africa / Nacinda Louise Nunes." Thesis, 2014. http://hdl.handle.net/10394/15481.

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According to Section 29(1) of the Constitution of the Republic of South Africa, 1996 everyone is entitled to and has the right to basic education. “Everyone” includes disabled learners. The international framework regarding the right to basic education and the accessibility of the infrastructure for physically disabled learners in public schools was examined to determine whether or not South Africa complies with the formalities and obligations prescribed and what the implications are, if the state does not comply. To reach the purpose of the above statement made there has to be determined whic
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13

Benson, Bernadine Carol. "Addressing heritage crime in Gauteng, South Africa : an integrative exposition." Thesis, 2013. http://hdl.handle.net/10500/13055.

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This research explored, described and explained the nature and the extent of heritage crime as it manifested in the Gauteng Province of South Africa for the period 2006-2010. Gauteng was selected since it is deemed to be the hub of the legal trade. An operational definition of heritage objects was drafted for this study as ‘objects of artistic, cultural, historic or archaeological value regardless of age, housed in or curated by museums or galleries within Gauteng, and which are both tangible and moveable.’ Heritage crime for the purpose of this study was the illegal removal of any heritage ob
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14

Myers, Alexandra Ann. "Single parent families after divorce : a discussion of the causes and possible legal solutions to the 'feminisation of poverty'." 1999. http://hdl.handle.net/10500/17551.

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In recent times, the incidence of single-parent families has increased rapidly with the principle cause being the rising divorce rate. The vast majority of these single-parent families are headed by women and a predominantly common factor in these households is the extent to which they are financially impoverished after divorce. This situation has given rise to the phenomenon known as the feminisation of poverty, where women are seen to make up the majority of the poor. This study examines the many varied factors contributing to this phenomenon and discusses some of the general solution
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15

Welsh, Shirley Anne Vera. "The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88." 2000. http://hdl.handle.net/10500/16460.

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Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that th
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16

Van, Oosten Hendrina. "Omskrywing en funksies van die fisiese beheerelement in die sakereg." Thesis, 1995. http://hdl.handle.net/10500/17748.

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Summaries in Afrikaans and English<br>Text in Afrikaans<br>In hierdie ondersoek is daar navorsing gedoen oor die aard en rol van fisiese beheer in die sakereg met die oog daarop om dit te omskryf en die funksies daarvan te identifiseer. By die verkryging van eiendomsreg word net vereis dat die fisiese beheer wat ten aansien van die saak uitgeoefen word, effektief moet wees. Of 'n saak effektief beheer word al dan nie, word aan die hand van die heersende verkeersopvattings getoets. Hierdie verkeersmaatstawwe wat in die praktyk ten aansien van bepaalde soorte sake uitgekristalliseer het,
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17

Scholtz, Ricardo Christian. "A critical evaluation of the VAT treatment of transactions commonly undertaken by a partnership." Thesis, 2019. http://hdl.handle.net/10500/25988.

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In this dissertation, I critically evaluate the VAT treatment of common partnership transactions that are encountered during the life of a partnership. Of great significance, is that at common law a partnership is not regarded as a person, but for VAT purposes it is treated as a separate person. This creates a strong dichotomy between the general legal nature, and the VAT character of a partnership transaction. The partnership and the VAT law dichotomy, is an important theme that runs through most of the thesis. Only once I have established the nature of the transaction for VAT purposes – whet
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