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Dissertations / Theses on the topic 'South african civil procedural law'

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1

Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system." University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.

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Magister Legum - LLM<br>Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the in
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2

Lamprecht, Adriaan Matthys. "The use of closed-circuit television in South African criminal courts." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73091.

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In the last decade the use of closed-circuit television or similar electronic devices (CCTV) has started to play a significant role in courtrooms, both as a silent witness and as a device through which to receive testimony. The benefits of optimising the use of CCTV for receiving testimony are numerous. This paper focusses on two, namely easier access to justice through criminal courts, and bridging the gap between the protective measures created by legislation with regard to vulnerable witnesses and the effective implementation of said measures. The requirements for using CCTV to recei
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3

Machitela, Malesela Abram. "Critical analysis of how the South African criminal law addresses cybercbullying." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73398.

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The work deals with shortcomings in the South African Criminal Law in respect of how to addresses cyberbullying crime. The report focus on how American Legislation deals with cyberbullying as compared to South African Legal framework. The work critically analyses the the South African legislation dealing with cyberbulying as a criminal offence.<br>Dissertation (LLM)--Universtity of Pretoria, 2019.<br>None<br>Procedural Law<br>LLM<br>Unrestricted
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4

King, Lyn Carol. "Public service commission grievance recommendation process." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/18002.

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The Public Service Commission (PSC) is an independent oversight body established in terms of chapter 10 of the Constitution, 1996. Although, its powers and functions were enacted in the Public Service Commission Act, 1997, this institution has been in existence since the early 1900’s. As an institution which was birthed during an era wrought with injustice, inequality upon a labour law framework which barely existed as the concept is understood today, the PSC played a leading role in the management of the public service. The influence of the Treasury, Governor-General and socio-political force
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5

Parker, Rukshana. "The efficacy of jury trials in the South African civil justice system." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33931.

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In classical terms, democracy is synonymous with direct participation. However, as states grew and direct public participation became more difficult, a more minimal concept of democracy associated with enfranchisement was adopted. Democracy, however, should not be limited to the enfranchisement of the masses. It ought to include some level of direct public participation in branches of the government such as the judicial system.
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6

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

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Thesis (LLM (Law))--University of Stellenbosch, 2004.<br>139 leaves printed on single pages, preliminary pages i-ix and numbered pages 1-130. Includes bibliography.<br>Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner.<br>ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act (RHA). Th
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7

Ndzengu, Nkululeko Christopher. "A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.

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In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction base
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8

Thompson, Simon. "The civil liability of credit rating agencies in South African law: recent developments in comparative perspective." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/9155.

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Includes bibliographical references<br>The losses caused by the on-going financial crisis now exceed $4 trillion. This is in addition to the associated social and economic costs that are more difficult to measure. From a litigator’s perspective it is not surprising that these massive losses have triggered a very large number of civil claims. In the immediate aftermath of the crisis these claims were mostly run-of-the-mill misrepresentation actions by investors against their investment advisors, but there is now a clear, global trend where plaintiffs are casting their nets more widely and going
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9

Kasika, Richard. "The defence of inherent requirements of the job in unfair discrimination cases." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/450.

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The discrimination jurisprudence in South Africa has developed over the previous decade since the promulgation of the interim and final Constitutions. The Employment Equity Act of 1998 also gave impetus to the development of equality jurisprudence with reference to the workplace. In terms of both the Constitution and the Employment Equity Act, unfair discrimination is forbidden. Both the Constitution and Employment Equity Act list specific grounds on which discrimination would be regarded as unfair. Although discrimination on any of the listed grounds would be regarded as automatically unfair,
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10

Cassidy, Elizabeth Ann Kandravy. "A delicate balance : equality, non-discrimination and affirmative action in Namibian constitutional law, as compared to South African and U.S. constitutional law." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52630.

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Thesis (LLM)--University of Stellenbosch, 2002.<br>ENGLISH ABSTRACT: This thesis examines the constitutional law of equality, non-discrimination and affirmative action in Namibia, and compares it to that of South Africa and the United States. Namibian judicial interpretation in these areas seeks to balance the need to safeguard the internationally recognized human rights that the Namibian Constitution guarantees with the need to ensure that Namibian constitutional law is seen as grounded in Namibia's historical experience and culture. This latter imperative derives from the Namibian Con
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11

Elliott, Sarah. "The 'pay now argue later' principle in South African Tax Law: its development, operation, comparison to South African civil debt enforcement and consistency with the constitutional right of access to courts." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25267.

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Section 164 of the Tax Administration Act 28 of 2011 (the TAA), previously contained in section 88 of the Income Tax Act 58 of 1962 (the Income Tax Act) and section 36 of the Value-Added Tax (VAT) Act 89 of 1991 (the VAT Act), provides that the payment of tax will not be automatically suspended until the resolution of a dispute regarding the liability for the said tax debt. This is known as the 'pay now argue later' principle. The objectives of this research were to analyse the development of the 'pay now argue later' principle in South African tax law, to provide an overview of the content an
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12

Moodley, Alecia Genise. "Analysing the international civil liability regime for oil pollution damage caused by ships and aligning with it the South African civil liability regime for oil pollution damage cause by ships." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29257.

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Oil-fouled beaches, dying seabirds and severe economic loss from the closure of fishing grounds and holiday resorts is the picture painted by oil spills, and these consequences often arouse public outrage. Oil spills cause extensive damage to the marine environment and to human society. Indeed, the economic consequences are often extensive, and it is for this reason that the internationalisation of a civil liability regime for oil pollution damage was initially proposed. The first move towards an international civil liability regime came when states which were affected by an unprecedented oil
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13

Chetty, Sarika. "Legal measures for the prevention of oil pollution by ships and civil liability for oil pollution damage in South African marine and coastal waters." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15169.

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This paper will look at whether the legislation passed in South Africa aimed at preventing and prohibiting oil pollution, as well as current civil liability regimes for oil pollution accidents are adequate or if they fail to meet the standard required by international law. For instance, compensation for the damage and harm caused to the environment is vital in order to restore the sea and prevent further accidents. In terms of civil liability, South Africa ratified the Convention on Civil Liability, but failed to enact domestic legislation in terms of the Convention to regularly update current
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14

Fesehaye, Natsinet Tesfaye. "Interception of communication by South African government agencies vis-a-vis the right to privacy: The law and the practice in light of the South African Constitution and the International Convention on Civil and Political Rights (ICCPR)." University of the Western Cape, 2017. http://hdl.handle.net/11394/5906.

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Magister Legum - LLM<br>The right to privacy is recognised as one of the most important individual rights. It is considered to be central to the protection of one's human dignity. It also forms the basis of any democratic society. Furthermore, it is linked to other basic rights, including the rights to freedom of expression and of association.1 The right to privacy is contained and recognised in almost every constitutional bill of rights and major international and regional conventions.2 It is also guaranteed expressly in the Universal Declaration of Human Rights,3 the European Conventi
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15

Gildenhuys, Marianne. "The application of the Child Care Act in respect of the assessment and sentencing of juvenile offenders." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53087.

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Thesis (M Social Work)--Stellenbosch University, 2002.<br>ENGLISH ABSTRACT: This study is concerned with children and youths in conflict with the law, who are additionally at risk of becoming or being in need of care. The study eventuated from concern for neglected children and youths from poor, disadvantaged and violent communities in the Western Cape Province, who inevitably lapsed into crime. Child and youth care, including juvenile justice, in South Africa is presently in a process of transformation, managed by the inter-ministerial committee on young people at risk. As an outcome o
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16

Diala, Anthony Chima. "Judicial activism in South Afica's Constitutional Court : minority protection or judicial illegitimacy?" Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5322.

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This study examines the effect of judicial protection of minority rights on the Constitutional Court’s legitimacy. The framing of the Marriage Act shows that Parliament intended marriage to be between a man and a woman. By nullifying section 30(1) of the Act and making the order above, the Court fulfilled its constitutional mandate of upholding fundamental human rights. At the same time, it negated the intention of Parliament which represents majoritarian interests. The Constitutional Court is, in contra-distinction with Parliament, unelected. By voiding section 30(1) of the Marriage Act and a
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17

Arthur, Susan B. "Atticus and the Law." Ohio Dominican University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=odu1607169386802922.

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18

Frasson-Quenoz, Florent. "La construction de la communauté de sécurité africaine : une perspective africaine." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30015.

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Les difficultés rencontrées pour assurer le maintien de la paix et de la sécurité internationale sur le continent africain constituent un réel obstacle au développement économique, un danger pour les populations et une menace sérieuse pour la survie des Etats.Les outils théoriques classiques de la sécurité internationale s’étant révélés insuffisants pour apporter une réponse à cette problématique, notre objectif est ici, en recourant à l’approche constructiviste, de déterminer si les États africains manifestent une réelle volonté et/ou capacité à construire une communauté de sécurité (CS) à mê
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19

Markram, Karlien Louise. "Case management in the context of identifying and reforming undue delay in South Africa civil procedural law." Diss., 2016. http://hdl.handle.net/2263/56978.

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A reform viability test of Van Heerden is utilised to assess the viability of implementing case management to address perceived delay experienced in the South African civil procedural regime. The reform viability test holds that in order for any attempt at reform to be successful, a reform-ethos, being the ideal to which reforms strives, must be identified and said identified reform-ethos must be in line with the reform-need experience by a civil procedural regime. The three elements of the reform viability test of: (i) the reform-need (demarcated in this study to the need to address delay); (
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20

Van, Wyk Jani Sita. "The need and requirements for a class action in South African law with specific reference to the prerequisites for locus standi in iudicio." Diss., 2011. http://hdl.handle.net/2263/27769.

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This dissertation purports to set out the requirements for locus standi in terms of section 38 of the Constitution, specifically when it comes to procuring standing in matters brought by way of a class action. In order to answer the question it is also necessary to look at the need for a class action procedure in the South African civil procedural law as this explains the courts' expansive approach in granting members and representatives standing before a court, specifically in cases where the common law traditional rules of standing and joinder would not suffice. Locus standi is concerned wit
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21

Mahadevey, Shalima. "An analysis of tax administration in South Africa, procedural rights and its impact on taxpayers." Thesis, 2016. http://hdl.handle.net/10539/22138.

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A research report submitted to the Faculty of Commerce, Law and Management in partial fulfilment of the requirements for the degree of Master of Commerce (Specializing in Taxation), Johannesburg, 2016<br>The Tax Administration Act 28 of 2011 (TAA) came into effect on the 1 October 2012 and brought with it significant changes to the South African tax administrative regime, extending the powers of South African Revenue Service (SARS) while also indirectly emphasising taxpayers’ rights. This research report examines the impact that this ‘new legislation’ has had on taxpayers, more especially
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22

Singh, Vijyalakshmi. "South African indigenous courts : challenge for the future." Diss., 1994. http://hdl.handle.net/10500/16044.

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The purpose of this study is to access the viability of traditional African courts in a future legal dispensation in South Africa. The research method used is a study of literature, court decisions and relevant statutes. The development of indigenous courts in South Africa is broadly outlined. As an analogy to the South African court system, the courts of Lesotho, Swaziland and Botswana are used to illustrate the dual systems of courts. Rapid urbanisation is discussed to illustrate that despite the increasing urbanisation, traditional values remain inherent to South African Blacks. The
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23

Basdeo, Vinesh. "A constitutional perspective of police powers of search and seizure in the criminal justice system." Diss., 2009. http://hdl.handle.net/10500/3449.

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Before 1994 criminal procedure was subject to the sovereignty of Parliament and the untrammelled law enforcement powers of the executive which resulted in the authoritarian and oppressive criminal justice system of the apartheid era. The Constitution, Act 108 of 1996 has since created a democratic state based on the values of the supremacy of the Constitution and the rule of law. The basic principles of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of Rights protects the fundamental rights of individuals when they come into contact with organs of the stat
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24

Msiza, Vusumuzi Frank. "SARS' powers with regard to tax clearance certificates." Diss., 2017. http://hdl.handle.net/10500/23808.

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The study aims to review the regulatory powers exercised by the South African Revenue Services (SARS) with regard to the issuing, decline or revocation of a taxpayer’s tax clearance certificate, to highlight any remedial measures and procedures available to the aggrieved taxpayer in order to protect the right of taxpayers to fair administrative action in their dealings with SARS. Previously, a tax clearance certificate was not issued in terms of any statute or provision of any Tax Act. However, since the introduction of the Tax Administration Act, as amended (TAA), the issuing of the tax clea
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25

Goldswain, George Kenneth. "The winds of change : an analysis and appraisal of selected constitutional issues affecting the rights of taxpayers." Thesis, 2012. http://hdl.handle.net/10500/9358.

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Prior to 1994, South African taxpayers had little protection from fiscal legislation or the decisions, actions or conduct of the South African Revenue Service (“SARS”) that violated their common law rights. Parliament reigned supreme and in tax matters, the strict and literal approach to the interpretation of statutes was employed, with the judiciary often quoting the mantra that there is “no equity about tax”. The Income Tax Act (Act No 58 of 1962) was littered with discriminatory and unfair provisions based on age, religion, sex and marital status. Even unreasonable decisions taken by
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26

Mabeka, Nombulelo Queen. "The impact of e-technology on law of civil procedure in South Africa." Thesis, 2018. http://hdl.handle.net/10500/24985.

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The law of civil procedure is an important branch of South African law as it resolves individual civil disputes through a regulated judicial system. Mandatory statutes and rules regulate the processes when bringing disputes to court. For example, the Superior Courts Act 10 of 2013, regulates the superior courts, while the provisions of the Magistrates’ Courts Act 32 of 1944, as well as the Small Claims Court Act 61 of 1984, control the lower courts. Further, a series of court rules ensure efficient operation of different courts and support the overarching legislation. For example, the Constitu
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27

Malatsi, Nanoga Claudia. "The applicability of procedural fairness to actions by members of the South African National Defence Force." Diss., 2019. http://hdl.handle.net/10500/25989.

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The dissertation examines the applicability of procedural fairness to actions by members of the South African National Defence Forces (SANDF). The research focuses on and uses the South African Defence Force Union v The Minister of South African National Defence Force (SANDU 2010 judgment) to illustrate how procedural fairness should find application in the SANDF, given the sui generis nature of the defence forces. This judgment presented an opportunity to investigate whether the legislative framework that is available in the SANDF is adequate to protect the right to procedural fairness of the
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28

Ndima, Dial Dayana. "Re-imagining and re-interpreting African jurisprudence under the South African Constitution." Thesis, 2013. http://hdl.handle.net/10500/13854.

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Text in English<br>The substitution of the dominant Western jurisprudence for South Africa’s indigenous normative values during colonial and apartheid times has resulted in a perverted conception of law that presents Western jurisprudence as synonymous with law. In the era of the constitutional recognition of African law where the application of the democratic principle demands that the newly re-enfranchised African communities deserve to be regulated by their own indigenous values, the resilience of this legal culture has become problematic. To reverse this situation legal and constitut
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29

Haneef, Raeesa. "Class actions : a proposed procedure in terms of the Consumer Protection Act 68 of 2008." Thesis, 2013. http://hdl.handle.net/10413/10918.

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Due to length and time constraints, this dissertation will briefly examine and provide an overview of the current method that courts have adopted in bringing a class action in Southern Africa and internationally. Specific focus will be on the Unites States of America, Australia and the Canadian province of Ontario. Challenges of bringing a class action will also be discussed, with a view of ascertaining the most appropriate or well-suited method of bringing a class action under the Consumer Protection Act 68 of 2008. The main issue that will be analysed will be the certification process. The k
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30

Sibanda, Omphemetse Stephen. "South African anti-dumping law and practice : a juridical and comparative analysis of procedural and substantive issues / Omphemetse Stephen Sibanda." Thesis, 2011. http://hdl.handle.net/10394/15814.

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This thesis addresses issues of anti-dumping law and practice from a critical and juridical analysis position. In particular, the thesis seeks to determine whether the South African anti-dumping regime is compliant with the anti-dumping regime of the World Trade Organization (hereafter WTO), and to consider possible solutions for addressing instances where the South African law is not WTO compatible. The thesis departs from the hypothesis that the WTO merely requires functional equivalence of the implementation of national legislation on anti-dumping, and not the verbatim adoption of WTO juris
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Mathiba, Marcus Kgomotso. "The jurisdictional conflict between labour and civil courts in labour matters : a critical discussion on the prevention of forum shopping." Diss., 2012. http://hdl.handle.net/10500/8593.

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The Labour Relations Act 66 of 1995 provides an elaborate dispute resolution system which seeks to resolve disputes in a speedy and cost-effective manner. However, this system is faced with a number of challenges. The application of common law and administrative law causes tension between the Labour Court and civil courts. It creates uncertainty in the development of our labour law jurisprudence and also leads to the problem of forum shopping. These problems in effect undermine the objectives of the Act. This dissertation analyzes problems in the LRA and other legislations leading to forum sh
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Van, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.

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Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal
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33

Schleiffer, Marais Prisca Christina Leonie. "Cross-border taking of evidence in civil and commercial matters in Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda." Thesis, 2013. http://hdl.handle.net/10500/10205.

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The thesis investigates the extent to which cross-border taking of evidence in civil and com-mercial matters in relation to Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda is allowed. Such evidence-taking is not only governed by the domestic law of the state seeking evidence abroad and that of the state where the relevant means of proof are located, but also by public international law, and more specifically by the concept of sovereignty. The ad-missibility of the cross-border taking of evidence under public international law depends on whether or not evidence-gathering in ci
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34

Moodie, B. (Benjamin). "Kwantifisering van derdeparty versekeringseise: die rol van die bedryfsielkundige." Diss., 1992. http://hdl.handle.net/10500/27312.

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Summary in Afrikaans and English<br>Against 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 thi
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Torul, V. P. "The Mauritian law of procedural fairness within the context of dismissal for misconduct : a comparative study with the South African doctrine of unfair labour practice." Thesis, 2001. http://hdl.handle.net/10413/5238.

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The main premise of this treatise is to discuss the Mauritian Law of Procedural Fairness within the context of Dismissal for Misconduct: A comparative study with the South African Doctrine of unfair Labour Practice. It analyses in detail the types of misconduct that eventually leads to the dismissal of an employee. The dismissal has not only to be substantively fair but also procedurally fair. To support the views expressed in the research, reference has been made to labour law cases decided mainly in Mauritius and South Africa. There are, however, references to other jurisdictions such as Ind
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Makiwane, Peterson Nkosimntu. "Rights and constitutionalism - a bias towards offenders?" Thesis, 2008. http://hdl.handle.net/10500/2696.

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The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulte
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Cassim, Fawzia. "The right to meaningful and informed participation in the criminal process." Thesis, 2003. http://hdl.handle.net/10500/1840.

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The composite right to meaningful and informed participation in the criminal process comprises the right to information, the right to understand, the right to be prepared, the right to be present, the right to confrontation and the right to present one&#8217;s case. The sub-rights are not of an overarching nature such as the right to legal representation and the right of access to the law. The various rights are grouped together because they show some connection with the ability of the suspect or the accused to participate in the criminal proceedings as a legal subject, and not as an object of
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38

Bindu, Kihangi. "Environmental and developmental rights in the Southern African Development Community with specific reference to the Democratic Republic of Congo and the Republic of South Africa." Thesis, 2010. http://hdl.handle.net/10500/4097.

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This study examines the effectiveness of environmental and developmental rights within the SADC region, especially the status of their implementation and enforcement in the DRC and the RSA. The SADC Treaty recognizes implicitly the rights to environment and to development. Unfortunately, the unequivocal commitment to deal with human rights within the region is not translated with equal force into the normative framework established by the Treaty or into SADC’s programmed activities. No institution has been established with the specific mandate to deal with human rights issues, neither a
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Hillis, Kevin Ross. "The appraisal remedy and the determination of fair value by the courts." Diss., 2014. http://hdl.handle.net/10500/13347.

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This paper examines the different share valuation methods and principles likely to be used by a court in determining the fair value of dissenting shareholders’ shares in appraisal proceedings in terms of section 164(14) of the Companies Act 2008. It is submitted that the valuation principles and methods used by the courts will affect the operation of the triggering actions contemplated in subsections 164(2)(a) - (b). It is proposed that section 164 court appraisals are likely to be guided by the valuation methods and principles developed in section 252 and section 440K court appraisals under
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40

Coetzee, Robert Johannes. "Menseregte in Bophuthatswana - die les vir Suid-Afrika : 'n perspektief uit die regsleer." Diss., 1997. http://hdl.handle.net/10500/17915.

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Text in Afrikaans<br>Bophuthatswana het gedurende 1977 tot stand gekom as 'n onafhanklike staat. In die Grondwet daarvan is 'n uitvoerige menseregtehandves vervat wat as hoogste reg gegeld het - alle wetgewing in stryd daarmee was nietig. Die hoop was dat Bophuthatswana sou ontwikkel as 'n groeipuntvir die handhawing van menseregte in Suidelike Afrika. Aanvanklik het die howe gevolg gegee aan die bepalings van die menseregtehandves. Algaande is daar teruggekeer na 'n letterknegtige soeke na die wil van die wetgewer, wat daartoe gelei het dat die burger se menseregte deur die howe miske
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41

Hollows, Emma. "Kofifi/Covfefe: How the Costumes of "Sophiatown" Bring 1950s South Africa to Western Massachusetts in 2020." 2020. https://scholarworks.umass.edu/masters_theses_2/933.

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This thesis paper reflects upon the costume design process taken by Emma Hollows to produce a realist production of the Junction Avenue Theatre Company’s musical Sophiatown at the Augusta Savage Gallery at the University of Massachusetts in May 2020. Sophiatown follows a household forcibly removed from their homes by the Native Resettlement Act of 1954 amid apartheid in South Africa. The paper discusses her attempts as a costume designer to strike a balance between replicating history and making artistic changes for theatre, while always striving to create believable characters.
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Gernandt, Leon. "The protection of water during armed conflict." Diss., 2000. http://hdl.handle.net/10500/16843.

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Abstract:
Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict. Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the munici
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43

Van, Rensburg Angelique Gene Janse. "Aspekte van deursoeking en beslaglegging in Suid Afrikaanse openbare skole : n Vergelykende studie." Thesis, 2010. http://hdl.handle.net/10500/3921.

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Afrikaans text<br>The Canadian and South African legal systems established equivalent constitutional values and principles pertaining to searches conducted with or without a valid search warrant. It creates the basis for a comparative study on this particular aspect. The Supreme Court of Canada held in R v A. M 2008 S.C.C 19 random sniffer dog searches conducted without neither a reasonable suspicion nor any legislative authority on learners enrolled in public schools, is unconstitutional due to its infringement of a learner's reasonable expectation to privacy, as protected in section 8
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