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Journal articles on the topic 'South africa (sa) (pty) ltd'

Author: Grafiati

Published: 4 June 2021

Last updated: 6 February 2022

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1

Cornelius, Steve J. "Mora Debitoris and the Principle of Strict Liability: Scoin Trading (Pty) Ltd v Bernstein 2011 2 Sa 118 (SCA)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (2017): 600. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2536.

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Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails to perform at the agreed date and time or after receiving a demand from the creditor, the debtor commits breach of contract in the form of mora debitoris.[1] The question then arises whether or not a debtor would also commit breach in the form of mora debitoris if the delay in performance cannot be attributed to wilful disregard of the co

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Dugard, Jackie. "Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?" Potchefstroom Electronic Law Journal 21 (August 28, 2018): 1–21. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3477.

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This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to evict unlawful occupiers from privately-owned land (unfeasible eviction). This question was first raised in the Modderklip case, where both the Supreme Court of Appeal (Modder East Squatters v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2004 3 All SA 169 (SCA)) and Constitutional Court (President of the Republic of So

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Keith-Bandath, Rasheed. "The evasion of Section 187(1)(c) of the Labour Relations Act: National Union of Metalworkers of South Africa v Aveng Trident Steel (a division of Aveng Africa Proprietary Ltd) (JA25/18) [2019] ZALAC 36; (2019) 40 ILJ 2024 (LAC); [2019] 9 BLLR 899 (LAC)." Obiter 41, no. 3 (2021): 642–50. http://dx.doi.org/10.17159/obiter.v41i3.9587.

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Section 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), has over the years proven to be a controversial section. At the heart of the controversy is the question as to whether an employer may terminate employees’ contracts of employment based on operational requirements in circumstances where they refuse to accept changes to terms and conditions of employment. This question came before the courts on a number of occasions and answered in the affirmative by the Labour Appeal Court in Fry’s Metals (Pty) Ltd v National Union of Metalworkers of SA ((2003) 21 ILJ 133 (LAC)), and confirmed on

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Mazo, Royce Sitshonile, and Elias Munapo. "The impact of the presence on global markets of calcium carbide originating from China on other industry role players: The case of calcium carbide (PTY) LTD." Risk Governance and Control: Financial Markets and Institutions 7, no. 4-2 (2017): 234–45. http://dx.doi.org/10.22495/rgc7i4c2art6.

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This research assesses how the presence of calcium carbide originating from China has impacted on the operations of other role players in the industry. SA Calcium Carbide (Pty) Ltd. located in Newcastle, South Africa, was used as a case study. The study spanned all markets where the company has a footprint meaning domestically, regionally and internationally. The aim of the study was to discern the extent to which companies like SA Calcium Carbide have been affected by the presence of products from China on the global market with special focus being put on the competitiveness in terms of prici

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Maloka, Tumo Charles, and Shandukani Muthugulu-Ugoda. "DEADLOCK PRINCIPLE AS A GROUND FOR JUST AND EQUITABLE WINDING UP OF A SOLVENT COMPANY: THUNDER CATS INVESTMENTS 92 (PTY) LTD V NKONJANE ECONOMIC PROSPECTING INVESTMENT (PTY) LTD 2014 5 SA 1 (SCA)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (August 15, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1153.

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The question addressed by the Supreme Court of Appeal in Thunder Cats Investment 92 (Pty) Ltd v Nkonjane Economic Prospecting & Investments (Pty) Ltd 2014 5 SA 1 (SCA) (hereafter the "Thunder Cats") provides much-needed guidance on the deadlock principle as well as the breadth and scope of the "just and equitable ground for winding up in terms of s 81(1)(d) (iii) of the Companies Act 71 of 2008. The facts, the issues and the contextual authority of Thunder Cats also bring to fore the lacuna in the just and equitable winding up provisions of the current Companies Act which lacuna has so far

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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal 18, no. 1 (2015): 0. http://dx.doi.org/10.17159/1727-3781/2015/v18i1a13.

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The first edition of 2015 boasts 13 contributions dealing with a variety of topics. The first article, by Ben Coetzee Bester and Anne Louw, discusses the persistence of the "choice argument", which is based on the rationale that domestic partners who choose not to marry cannot claim spousal benefits, and arrives at the conclusion that legislation should differentiate between registered and unregistered domestic partnerships for the purpose of spousal benefits. Ernst Marais has written two articles on expropriation. In the first he examines the meaning and role of state acquisition in South Afr

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Mark Tait. "Judicial Guidance on the Application of Section 49 of the Consumer Protection Act, 2008 – Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC)." Obiter 41, no. 4 (2021): 948–60. http://dx.doi.org/10.17159/obiter.v41i4.10497.

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In South Africa, the legislature’s response to the negative consequences resulting from the pervasive use of disclaimers by suppliers has been to regulate the use of these terms through the enactment of a number of provisions in the Consumer Protection Act 68 of 2008 (CPA), including sections 48, 49 and 51. A number of publications have considered the meaning of these provisions and the impact they may have on the use of disclaimers in consumer contracts. As a consequence of the widespread use of disclaimers and the adverse consequences they may hold for consumers, any judicial pronouncement o

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Broodryk, Theo. "The South African Class Action Mechanism: Comparing the Opt-In Regime to the Opt-Out Regime." Potchefstroom Electronic Law Journal 22 (May 20, 2019): 1–17. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4506.

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In Mukaddam v Pioneer Food (Pty) Ltd 2013 2 SA 254 (SCA), Nugent JA stated that, once the class is confined to claimants who choose positively to advance their claims and are required to come forward for that purpose, he can see no reason why they are not capable of doing so in their own names through joinder – they do not need a representative to do so on their behalf. The members who choose to opt in to the class action will thus be identifiable. If that is the case then, according Nugent JA, joinder may be the appropriate procedural device. A problem evidenced by this approach is accordingl

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Goldswain, G. K., and O. Swart. "The Port Elizabeth Electric Tramway case:1 Is the meaning ascribed to the phrase “in the production of the income” by Watermeyer AJP in the Port Elizabeth Electric Tramway case still religiously followed today?" Southern African Business Review 19 (February 12, 2019): 71–96. http://dx.doi.org/10.25159/1998-8125/5791.

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This article analyses the meaning attributed to the phrase “in the production of the income” as used in the present section 11(a) of the Income Tax Act, which provides for general expenses to be allowed as deductions against income. Read together with section 23(g), section 11(a) is commonly referred to as the “general deduction formula”. It has been said that the meaning ascribed to the phrase by Watermeyer AJP (as he was then) in his judgment in the Port Elizabeth Electric Tramway Company Ltd v CIR is “too mechanical and contrived”. Consequently, the judiciary, in applying the meaning as att

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Ebrahim, Shamier. "The Interpretation to be accorded to the Term "Benefits" in Section 186(2)(A) of the LRA Continues: Apollo Tyres South Africa (PTY) LIMITED v CCMA (DA1/11) [2013] ZALAC 3." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 612. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2267.

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The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telk

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Barkhuizen, Gerhard, and Leonard Willemse. "The impact of the deletion of section 11 (bA) on the deductibility of pre-production raising fees incurred raising fees in the expansion of an existing trade." Journal of Economic and Financial Sciences 8, no. 2 (2015): 648–65. http://dx.doi.org/10.4102/jef.v8i2.114.

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Section 11(bA) was recently deleted and replaced by section 11A in the Income Tax Act No. 58 of 1962 (“the Act” – all references to sections and paragraphs hereafter refer to the Act, unless otherwise indicated). Section 11(bA) and section 11A determined the income tax treatment of qualifying pre-production interest incurred. The article focused on whether or not pre-production raising fees incurred by the taxpayer during the expanding of an existing trade will be deductible in terms of section 11(bA) or section 11A. Section 11(bA) and section 24J allow for the deduction, in certain circumstan

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Subramanien, Darren Cavell, and Judell L. Joseph. "The Right to Strike under the Labour Relations Act 66 of 1995 (LRA) and Possible Factors for Consideration that Would Promote the Objectives of the LRA." Potchefstroom Electronic Law Journal 22 (April 23, 2019): 1–39. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4400.

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The Labour Relations Act 66 of 1995 (hereafter the LRA) was promulgated to redress the injustices and inequality within labour relations. It seeks to do so through four objectives which give effect to the LRA's purposes of transformation within the labour relations framework. One of these objectives is to promote orderly collective bargaining. It is envisaged that if parties engage in collective bargaining, then disputes should be resolved speedily and amicably without having employees resort to strikes and employers to lock-outs. This in turn would ensure that production within the workplace

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Vinti, Clive. "The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law." Potchefstroom Electronic Law Journal 21 (September 14, 2018): 1–25. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4268.

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This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of Trade and Industry to amend Schedule 1 to the Customs and Excise Act 91 of 1964 (hereafter, CEA) in respect of imported goods as provided by section 48(1)(b) of the CEA. This assessment entails a case analysis of the High Court decisions in South Africa Sugar Association v the Minister of Trade and Industry 2017 4 All SA 555 (GP) and Pioneer Foods (Pty) Ltd v Minister of Finance 2017 ZAWCHC 110 (29 September 2017). These two cases offer for the first time, clarification on the nature of

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Nwauche, E. S. "ADMINISTRATIVE BIAS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (2017): 35. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2832.

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This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which

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Strydom, Melissa. "A critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) LtdA critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd." South African Law Journal 138, no. 3 (2021): 617–48. http://dx.doi.org/10.47348/salj/v138/i3a8.

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There has been much debate about ‘after the fact’ environmental authorisations and the ability to privately prosecute environmental-law offences in South Africa. These two issues came to a head in Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd. This case is the first known private prosecution of environmental-law contraventions in South Africa. BP Southern Africa (Pty) Ltd (‘BPSA’) was privately prosecuted for constructing filling stations without environmental authorisations, allegedly between 1998 and 2005. BPSA submitted ‘rectification’ applications in 2005, paid administrat

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Rantlo, John, and Germarié Viljoen. "A critical appraisal of Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd 2019 (5) SA 275 (GP)." Impact Assessment and Project Appraisal 38, no. 5 (2020): 441–45. http://dx.doi.org/10.1080/14615517.2020.1776555.

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Mupangavanhu, Brighton M. "Evolving Statutory Derivative Action Principles in South Africa: The Good Faith Criterion and Other Legal Grounds." Journal of African Law 65, no. 2 (2021): 293–311. http://dx.doi.org/10.1017/s0021855321000115.

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AbstractThe recent Supreme Court of Appeal (SCA) judgment in Lazarus Mbethe v United Manganese of Kalahari raises jurisprudential questions regarding statutory derivative actions in South Africa. For example, the SCA did not agree with the court a quo's ruling that the discretion to be exercised by the court is limited by provisions of section 165(5). The SCA also questioned whether it is necessary for South African courts to follow the good faith criterion in the Australian case of Swansson v Pratt as adopted into South African law through Mouritzen v Greystones Enterprises (Pty) Ltd & An

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Kilian, Cornelius G., and Elizabeth Snyman-Van Deventer. "Claiming Damages where Dividends remain Unpaid: A Contribution towards a More Balanced Approach in South Africa." Potchefstroom Electronic Law Journal 20 (November 2, 2017): 1–26. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1322.

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In the matter between Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd 2013 NSWSC 235 (25 Mar 2013) the Supreme Court of New South Wales had to decide on the legal difficulty arising from unpaid dividends. The Court was required to decide whether a shareholder has a right to a predetermined annual dividend. The principles applied by the Supreme Court entailed estoppel (common law), minority oppression (company law) and contractual law principles. Although the principles of estoppel were relevant, these fall outside the ambit of this article concerning unpaid dividends. The Supreme Court cited ap

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Kilian, Cornelius G., and Elizabeth Snyman-Van Deventer. "Claiming Damages where Dividends remain Unpaid: A Contribution towards a More Balanced Approach in South Africa." Potchefstroom Electronic Law Journal / Potchefstroomse Elektroniese Regsblad 20 (November 2, 2017): 1–26. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a4175.

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In the matter between Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd 2013 NSWSC 235 (25 Mar 2013) the Supreme Court of New South Wales had to decide on the legal difficulty arising from unpaid dividends. The Court was required to decide whether a shareholder has a right to a predetermined annual dividend. The principles applied by the Supreme Court entailed estoppel (common law), minority oppression (company law) and contractual law principles. Although the principles of estoppel were relevant, these fall outside the ambit of this article concerning unpaid dividends. The Supreme Court cited ap

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Burrow, A. "Telcordia Technologies Inc. v. Telkom SA Ltd: A Fresh Start for International Arbitration in South Africa?" Arbitration International 24, no. 2 (2008): 337–44. http://dx.doi.org/10.1093/arbitration/24.2.337.

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Bolton, P. "Disqualification for non-compliance with public tender conditions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (2014): 2314. http://dx.doi.org/10.4314/pelj.v17i6.03.

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When government entities procure goods or services, they generally consider and award contracts only to bidders who complied with the specifications and conditions of tender as laid down in the tender invitation. Tenders received must in other words be conforming, compliant or responsive. This enables procuring entities to compare tenders on an equal footing and ensures equal treatment amongst bidders. In South Africa the extent to which bidders must comply with tender specifications and conditions is a thorny issue in practice. In 2008 the Supreme Court of Appeal in Millennium Waste Managemen

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Couzens, Meda. "Procurement Adjudication and the Rights of Children: Freedom Stationery (Pty) Ltd v MEC for Education, Eastern Cape 2011 JOL 26927 (E)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (2017): 391. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2469.

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Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape the Court was urged by the Centre for Child Law acting as an amicus curiae to consider children's right to education and their best interests when deciding on an interim interdict which would result in a delay in the provision of stationery to several schools in the Eastern Cape. This case note contains a summary of

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Okanigbe, Daniel O., Abimbola P. I. Popoola, and Abraham A. Adeleke. "Enhanced Recycling of Waste Copper Smelter Dust from Existing and Proposed Smelter Plant at the Palabora Copper (pty) ltd, impopo, South Africa." IOP Conference Series: Materials Science and Engineering 391 (July 23, 2018): 012006. http://dx.doi.org/10.1088/1757-899x/391/1/012006.

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Koch, Frank. "Leeming, J. (2003): Scorpions of southern Africa. – Cape Town (New Holland Publishers [South Africa] [Pty] Ltd). 88 S, 130 Farbfotos. ISBN 1-86872-804-8 (softcover). SAR 99,95." Mitteilungen aus dem Museum für Naturkunde in Berlin. Zoologische Reihe 81, no. 1 (2005): 108–9. http://dx.doi.org/10.1002/mmnz.4850810117.

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Mujuzi, Jamil Ddamulira. "Companies convicted of economic crimes and their participation in government tender processes in South Africa: A comment on Namasthethu electrical (PTY) LTD v City of Cape Town and another (201/19) [2020] ZASCA 74 (29 JUNE 2020)." Journal of Comparative Law in Africa 8, no. 1 (2021): 102–22. http://dx.doi.org/10.47348/jcla/v8/i1a4.

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In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the compa

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Van Eck, Stefan, and Tungamirai Kujinga. "The Role of the Labour Court in Collective Bargaining: Altering the Protected Status of Strikes on Grounds of Violence in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd (2016) 37 ILJ 476 (LC)." Potchefstroom Electronic Law Journal 20 (December 18, 2017): 1–20. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1774.

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This note explores the powers of the Labour Court as envisaged in the Labour Relations Act 66 of 1995 (LRA), where a protected strike disintegrates into violent riotous conduct. The legal status of protected strikes raises important questions of law, namely: whether the Labour Court has the authority to alter the legal status of a strike; the autonomy of collective bargaining; and the legal test which the Labour Court should apply when intervening. The court in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd 2016 37 ILJ 476 (LC) dealt wit

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ME Manamela. "The Contest Between Religious Interests and Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC)." Obiter 41, no. 4 (2021): 961–73. http://dx.doi.org/10.17159/obiter.v41i4.10498.

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The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denie

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Van Der Vyver, Johan. "The Protection and Promotion of a People’s Right to Mineral Resources in Africa: International and Municipal Perspectives." Law and Development Review 11, no. 2 (2018): 739–55. http://dx.doi.org/10.1515/ldr-2018-0036.

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Abstract Development programs in many African countries include the reallocation of land and the nationalization of mineral resources for the benefit of less privileged communities in those countries. Implementing these programs is, however, quite complicated. This paper pays special attention to the confiscation of the land of white farmers in Zimbabwe as part of a development program, and the rapid decline of the economy of that country in consequence of this program. It serves as a reminder that depriving landowners of their property rights is counterproductive and is therefore not a feasib

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Madonsela, George D., A. Mentasti, and Anis Mahomed Karodia. "An Evaluation of the Relationship between Supply Chain Management and Competitive Advantage : A Case Study of Aberdare Cables ( PTY ) Ltd , ( A Division of Powertech Group ) , South Africa." Singaporean Journal of Business , Economics and Management Studies 2, no. 12 (2014): 82–116. http://dx.doi.org/10.12816/0006803.

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JPT staff, _. "E&P Notes (July 2021)." Journal of Petroleum Technology 73, no. 07 (2021): 13–17. http://dx.doi.org/10.2118/0721-0013-jpt.

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Maha Appraisal Hits Gas for Eni in Indonesia Eni encountered natural-gas-bearing sands with its Maha 2 well in the West Ganal Block offshore Indonesia. Drilled to a depth of 2970 m in 1115 m water depth, the well encountered 43 m of gas-bearing net sands in levels of Pliocene Age, according to the operator. A production test, which was limited by surface facilities, recorded a gas deliverability of the reservoir flowing at 34 MMscf/D. The opera-tor collected data and samples during the test, to study in preparation of a field development plan for the Maha field. Two additional appraisal wells

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Shay, Richard, and Ndivhuwo Ishmel Moleya. "Discovering the Value of Liberty in Intellectual Property Adjudication: A Methodological Critique of the Reasoning in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ)." Potchefstroom Electronic Law Journal 24 (September 14, 2021): 1–32. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10703.

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This article discusses the recent decision in Discovery Ltd v Liberty Group Ltd 2020 4 SA 160 (GJ), which concerned a claim of trade mark infringement in terms of sections 34(1)(a) and 34(1(c) of the Trade Marks Act 194 of 1993 and unlawful competition on a developed reading of the common law. This article argues that the court arrived at the correct conclusion by the incorrect means and failed to adequately construe the array of constitutional interests and considerations that pertained to the matter on the facts. Further, the lack of clarity on the appropriate constitutional port of entry fo

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Williams, RC. "The Concept of a "Decision" as the Threshold Requirement for Judicial Review in terms of the Promotion of Administrative Justice Act." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 5 (2017): 229. http://dx.doi.org/10.17159/1727-3781/2011/v14i5a2603.

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The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken by specified persons or entities. The Act goes on to define decision as “any decision of an administrative nature made, proposed to be made, or required to be made, as the case may be”, including certain specified categories of decision. The decision in Bhugwan v JSE Ltd 2010 3 SA 335 (GSJ) highlights the distinction between a “decision”, as so defined (which may be amenable to judicial review in terms of the Act) and an inchoate decision (that is not amenable to su

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Jansen van Rensburg, Enelia. "The Application and Interpretation by South African Courts of General Renvoi Clauses in South African Double Taxation Agreements." Potchefstroom Electronic Law Journal 22 (November 20, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4402.

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General renvoi clauses in DTAs based on article 3(2) of the OECD MTC provide that an undefined term in a DTA shall have the meaning that it has in the domestic law of the contracting state applying the DTA unless the context otherwise requires. All South African DTAs include such a clause. Many interpretational issues remain with regard to the application and interpretation of general renvoi clauses. This article considers four of these issues in the light of South African cases in which general renvoi clauses were referred to. The following cases are considered: ITC 789 (1954) 19 SATC 4

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Welman, Lesley, and Sanette LA Ferreira. "Sea Harvest: Back(fish)bone in Saldanha Bay’s local and regional economy?" Local Economy: The Journal of the Local Economy Policy Unit 32, no. 6 (2017): 487–504. http://dx.doi.org/10.1177/0269094217727265.

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The fishing industry is the socio-economic base of coastal towns in the West Coast region of South Africa. Regional development focussed on Saldanha Bay is locked into a tight relationship between the Port (oil, gas and iron ore), the local government and two industrial sectors, namely steel and maritime fishing. This paper examines the role Sea Harvest Corporation (Pty) Ltd has played in the evolution and development (socio-economic transformation) of the Greater Saldanha Bay region. 1 First, the literature on the roles of institutions in regional development in general and fishing in particu

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Vink, Nick. "PHILIP VAN ZYL (ed.): Platter's South African Wine Guide 2013. John Platter Ltd: Hermanus, South Africa, 2012, 600 pp., ISBN 978-0987004611. Not available in the U.S.; Kalahari.com (South Africa), R 169.00; SA Wines Online (United Kingdom), £ 14.99; Namibiana Buchdepot (Germany), €19.95." Journal of Wine Economics 8, no. 1 (2013): 111–12. http://dx.doi.org/10.1017/jwe.2013.12.

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Fuchs, Michelle MM. "The Impact of the National Credit Act 34 of 2005 on the Enforcement of a Mortgage Bond: Sebola v Standard Bank of South Africa Ltd 2012 5 SA 142 (CC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (2017): 376. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2377.

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When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor only once the requirements of sections 129 and 130 of the NCA have been adhered to. If a mortgagor (who is a protected consumer in terms of the NCA) is in default, the mortgagee must deliver a section 129(1) notice to the consumer, thereby drawing the default to the attention of the consumer. For a number of years there has been uncertainty about the interpretation of sectio

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van Niekerk, J. M., W. Bester, F. Halleen, P. W. Crous, and P. H. Fourie. "First Report of Lasiodiplodia crassispora as a Pathogen of Grapevine Trunks in South Africa." Plant Disease 94, no. 8 (2010): 1063. http://dx.doi.org/10.1094/pdis-94-8-1063a.

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In 2003 and 2004, a survey of grapevine (Vitis vinifera L.) trunk pathogens was conducted in 30 vineyards in the Western and Northern Cape and Limpopo provinces of South Africa. In each vineyard, 20 visually healthy plants were sampled randomly by removing the distal part of one cordon arm. Isolations were made onto potato dextrose agar (PDA) from the internal wood decay symptoms observed in the cordon samples. Seven Botryosphaeriaceae spp. were identified, including Lasiodiplodia crassispora (1). Other Botryosphaeriaceae spp. are known grapevine trunk pathogens (2). Species identity was confi

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Mbatha, Madoda. "Leadership Lessons from Emperor Shaka Zulu the GreatLeadership Lessons from Emperor Shaka Zulu the Great By MadiPhinda Mzwakhe. Randburg. South Africa: Knowledge Resources (Pty) Ltd., 2000. 119 pages, paperback, R122.00 ($15.00)." Academy of Management Perspectives 15, no. 3 (2001): 141–42. http://dx.doi.org/10.5465/ame.2001.5229685.

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Fourie, E. "What constitutes a benefit by virtue of section 186(2) of the labour relations act 66 of 1995? Apollo tyres South Africa (PTY) ltd v CCMA 2013 5 BLLR 434 (LAC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 1 (2015): 3299. http://dx.doi.org/10.4314/pelj.v18i1.11.

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Carnelley, Marita. "Online Gambling in South Africa—One More Battle in the Ongoing War: Casino Enterprises (Pty) Ltd (Swaziland) and the Gauteng Gambling Board (GN), unreported case number 28704/04, dated Aug. 16, 2010." Gaming Law Review and Economics 15, no. 3 (2011): 121–27. http://dx.doi.org/10.1089/glre.2011.15304.

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Atuman, Y. J., C. A. Kudi, P. A. Abdu, et al. "Seroprevalence of Foot and Mouth Disease Virus Infection in Some Wildlife and Cattle in Bauchi State, Nigeria." Veterinary Medicine International 2020 (March 18, 2020): 1–8. http://dx.doi.org/10.1155/2020/3642793.

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Foot and mouth disease (FMD) is an important transboundary viral disease of both domestic and wild cloven-hoofed animals characterized by high morbidity with devastating consequence on the livestock worldwide. Despite the endemic nature of FMD in Nigeria, little is known about the epidemiology of the disease at the wildlife-livestock interface level. To address this gap, blood samples were collected between 2013 and 2015 from some wildlife and cattle, respectively, within and around the Yankari Game Reserve and Sumu Wildlife Park in Bauchi State, Nigeria. Wild animals were immobilized using a

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Couzens, Ed, Devarasi Maduramuthu, and Adrian Bellengère. "Water Security and Judicial and Administrative Confusion in South Africa: The Trustees of the Time Being of the Lucas Scheepers Trust, IT 633/96 and Others v MEC for the Department of Water Affairs, Gauteng and Others Case nr 40514/2013." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (January 20, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1686.

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One of the gravest constraints which South Africa faces in its efforts to promote development and to lift much of its population out of poverty is the relative scarcity of its water. Significant changes were made to South Africa’s water law in the 1990s, especially with the promulgation of the National Water Act 36 of 1998. In terms of this Act a Water Tribunal was created which ought to have enhanced water security and to have provided a settled forum to adjudicate disputes and to assist in developing the jurisprudence of water law. Instead the Tribunal appears to have created almost as much

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Magopa, T. L., M. L. Mphaphathi, T. Mulaudzi, et al. "108 Synchronization and artificial insemination of South African communal cattle." Reproduction, Fertility and Development 33, no. 2 (2021): 161. http://dx.doi.org/10.1071/rdv33n2ab108.

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The present study aimed to evaluate an oestrous synchronization protocol and oestrus response before AI in cows from an organised communal production system. A total of 74 cows Bos indicus (Brahman) and Bos taurus/indicus hybrid (Nguni) type from different communal farmers were screened based on: age (3 to 8 years), body condition score of ≥3 (1–5 scale), not pregnant (excluding heifers), 90 days postpartum, number of parities, good mothering ability, and negative for contagious abortion. Selected cows were subjected to a 9-day OvSynch+CIDR protocol. In brief, the protocol included the inserti

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Magopa, T. L., M. L. Mphaphathi, T. Mulaudzi, et al. "108 Synchronization and artificial insemination of South African communal cattle." Reproduction, Fertility and Development 33, no. 2 (2021): 161. http://dx.doi.org/10.1071/rdv33n2ab108.

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The present study aimed to evaluate an oestrous synchronization protocol and oestrus response before AI in cows from an organised communal production system. A total of 74 cows Bos indicus (Brahman) and Bos taurus/indicus hybrid (Nguni) type from different communal farmers were screened based on: age (3 to 8 years), body condition score of ≥3 (1–5 scale), not pregnant (excluding heifers), 90 days postpartum, number of parities, good mothering ability, and negative for contagious abortion. Selected cows were subjected to a 9-day OvSynch+CIDR protocol. In brief, the protocol included the inserti

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Allen, Roger. "First Steps in Arabic Grammar, by Yasien Mohamed & Muhammed Haron. 207 pages, illustrations, tables, references. Pietermaritzburg, South Africa: Shuter & Shooter (Pty) Ltd., 1989. 15.95 Rand (Paper) ISBN 0-7960-0157-X." Middle East Studies Association Bulletin 26, no. 2 (1992): 239. http://dx.doi.org/10.1017/s0026318400026110.

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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2295.

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EditorialThe first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe. Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just a

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Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.

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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary

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Shozi, Bonginkosi, and Yousuf Vawda. "Quo Vadis Patent Litigation: Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - In Search of the Bigger Picture on Patent Validity." Potchefstroom Electronic Law Journal 24 (February 26, 2021): 1–14. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8021.

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In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the validity of a patent and, as it concerns issues that go the heart of patent law, the judgment potentially has far-reaching implications for patent litigation in South Africa. At issue was the question of whether a court's finding of patent validity on one ground in a revocation hearing ought to have a bearing on a subsequent infringement hearing on the same patent, to the e

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Ebrahim, Shamier. "Equal Pay in Terms of the Employment Equity Act: The Role of Seniority, Collective Agreements and Good Industrial Relations: Pioneer Foods (Pty) Ltd v Workers against Regression 2016 ZALCCT 14." Potchefstroom Electronic Law Journal 20 (December 5, 2017): 1–19. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1524.

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Equal pay for equal work and work of equal value is recognised as a human right in international law. South Africa has introduced a specific provision in the EEA in the form of section 6(4) which sets out the causes of action in respect of equal pay claims. The causes of action are: (a) equal pay for the same work; (b) equal pay for substantially the same work; and (c) equal pay for work of equal value. In addition to the introduction of section 6(4) to the EEA, the Minister of Labour has published the Employment Equity Regulations of 2014 and a Code of Good Practice on Equal Pay for work of E

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Coetzee, J. F., and L. J. Stewart. "Fresh gas flow is not the only determinant of volatile agent consumption: a multi-centre study of low-flow anaesthesia † †Conflict of interest: This study was funded by a grant from Daäger South Africa (Pty) Ltd. and coordinated by the Technology and Business Development Group of Medical Research Council of South Africa (MRC)." British Journal of Anaesthesia 88, no. 1 (2002): 46–55. http://dx.doi.org/10.1093/bja/88.1.46.

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