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Dissertations / Theses on the topic 'South African Law Reform Commission'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Manie, Latiefa. "The South African law of trusts with a view to legislative reform." University of the Western Cape, 2016. http://hdl.handle.net/11394/5349.

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Doctor Legum - LLD<br>More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there exists a pressing need to develop statutorily the law of trusts more extensively. To this end, the research has a dual objective: Firstly, to identify those areas of South African trust law that are not currently regulated statutorily but for which, by reason of extensive and, at times, controversial jurisprudential development, such regulation is now essen

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2

Swartz, Moshe Edward. "African perspectives on the land question: The Native Laws Commission 1883." University of the Western Cape, 1995. http://hdl.handle.net/11394/6335.

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Magister Artium - MA<br>Both Am-Xhosa and the European farmers, being pastoralists "the search for land and grass was (their) first principle", notes Walker (1928). When they met, they differed fundamentally on the "vital matter oflandholding" . So different were their perspectives, that Lekhehla (1955) suggested, as far as the treaties were concerned: "The Native Chiefs either did not understand the implications of the border treaties, or if they did, never intended to respect such treaties" (p.2 1). Hopper (1980) says the tension between the Europeans and the Africans on the land issue

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3

Prinsloo, Adam. "The need to reform promissory warranties in South African insurance law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78884.

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A critical historical consideration of promissory warranties in South African Insurance Law , an argument for the need of reform of such warranties and proposals of what such reform should entail.<br>Mini Dissertation (LLM (Insurance Law))--University of Pretoria, 2020.<br>Mercantile Law<br>LLM (Insurance Law)<br>Unrestricted

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4

De, Villiers Isolde. "South African legal culture in a transformative context." Diss., Pretoria ; [s.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-09272009-155336/.

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5

Ackson, Tulia. "Social Security Law and Policy reform in Tanzania with reflections on the South African Experience." Doctoral thesis, University of Cape Town, 2007. http://hdl.handle.net/11427/4615.

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6

Wächter, Felix. "An investigation of the South African land reform process from a conflict resolution perspective." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1272.

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This research study aims to investigate the South African Land Reform process from a conflict resolution perspective. According to Burton’s basic human needs theory deep-rooted social conflict will occur wherever social institutions neglect universal basic human needs. Excess to land and land tenure are considered basic human needs because they provide landowners with food, shelter and security. In absence of an extensive welfare state, land ownership fulfils the role of a social safety network, particularly in African countries. Consequently, an equal distribution of land is needed in order t

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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

Van, der Walt Maria Magdalena. "The concept "beneficial use" in South African water law reform / by Maria Magdalena van der Walt." Thesis, North-West University, 2011. http://hdl.handle.net/10394/5537.

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The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. The mechanism involves that water use rights that were unexercised in the two years before the promulgation of the National Water Act 36 of 1998 are not defined as existing lawful water uses. Where the concept "beneficial use" is utilised to cancel unexercised water use rights, it can cause potential hardship. Some people whose rights have been cancelled believe that they shou

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9

Stafford, Rowan Bell. "A legal-comparative study of the interpretation and application of the doctrines of the sham and the alter-ego in the context of South African trust law: the dangers of translocating company law principles into trust law." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003210.

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This thesis analyses the doctrines of the sham and the alter-ego and their application to the law of trusts in South Africa. Following an initial examination of the historical development of the law of trusts in English law and the principles of equity law, the study focuses on the current legal status of the trust inter vivos in South Africa and the similarities to its English forerunner. The work traces the sham doctrine back to its origins in English law, where the term “sham” was first used in the context of fraud and dishonesty in cases involving matters arising from hire-purchase agreeme

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10

Koboto, Oduetse. "Reform of environmental laws in Botswana: the need for an environmental framework act." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2442_1363785521.

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11

Venter, Debra. "The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.

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Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not ef

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12

Andre, Wendy Marie. "Can alternative justice mechanisms satisfy the aims of international criminal justice? : the cases of Mato Oput and the South African Truth and Reconciliation Commission." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/75261/.

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The role of alternative justice mechanisms (AJMs) in international criminal justice (ICJ) has been the subject of rigorous debate in recent years. This thesis joins the discussion by investigating whether AJMs can achieve the aims of ICJ that are attributed to criminal prosecutions. If AJMs can attain ICJ goals, there are important implications for the entire complementarity regime at the International Criminal Court (ICC), requiring ICC judges to defer prosecutions in their favour. By establishing a framework against which ICC trials and AJMs can be evaluated, the thesis contributes to the de

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13

Johnson, Ebrezia. "Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2165.

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Thesis (LLM (Private Law))--University of Stellenbosch, 2009.<br>ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhe

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14

Gerber, Johannes Abraham. "A golden midway for a divided society? : the South African land reform project and its relationship with the rule of law and transformation." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/49821.

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Thesis (MPhil)--University of Stellenbosch, 2004.<br>ENGLISH ABSTRACT: South Africa's history led to an unequal distribution in land ownership, which is not conducive to democratic consolidation. Land refortn is the means to address this problem. However, land reform, part of the larger process of transformation, is a potentially dangerous process: it can have negative implications on the rule of law. The objective of this study is to provide an analysis of the dynamic relationship between land reform, the rule of law and transformation in South Africa, within the debate on democratic c

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15

Prosper, Edward Kisioki. "A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9159.

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Includes bibliographical references.<br>In 2003, Tanzania enacted the new Fair Competition Act which aimed at improving competition in the market. The Fair Competition Act, No 8 of 2003 (FCA) regulates agreements which lessen or weaken competition, cartel conduct, abuse of dominant position, and it also controls the merging of firms. The Act established two regulatory bodies, namely the Fair Competition Commission (FCC) and the Fair Competition Tribunal (FCT). It vested the FCC with multiple powers (investigation, prosecution and adjudication) and the FCT with a final appellate jurisdiction. W

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16

Cassim, Fawzia. "Sentencing the juvenile accused." Diss., 1997. http://hdl.handle.net/10500/16357.

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The abolition of corporal punishment in S v Williams and Others 1995 (3) SA 632 (CC) provided the state with the impetus to consider alternative sentencing options. Unsystematic efforts by the government to reform the juvenile justice system have failed abysmally. The government was forced to review its policies on juvenile sentencing. An examination of international trends reveals the imposition of stricter measures of punishment for serious and violent juvenile offenders. Community-based sentencing options are used mainly for first-time offenders. The focus has also shifted from punis

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17

Louw, Esti. "The plain language movement and legal reform in South African law of contract." Thesis, 2011. http://hdl.handle.net/10210/3647.

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18

De, Villiers Willem Petrus. "Problematic aspects of the right to bail under South African law : a comparison with Canadian law and proposals for reform." Thesis, 2001. http://hdl.handle.net/2263/23338.

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Please read the abstract in the section 00front of this document Please note that the used copy of this thesis does not contain pages xx-xxi of the list of abbreviations<br>Thesis (LLD)--University of Pretoria, 2006.<br>Jurisprudence<br>LLD<br>Unrestricted

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19

Maserumule, M. H. (Mashupye Herbet). "The changing role of the South African Public Service Commission during the period 1990-2000: an evaluation." Diss., 2002. http://hdl.handle.net/10500/881.

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The dissertation examines the effect of changes since 1994 on the role of the South African Public Service Commission (hereafter referred to as the Commission). Its contention is that the changes since 1994 re-focused the role of the Commission on development and modernisation of public administration practices. The role of the Commission is now confined to monitoring, evaluation, investigation and research. The dissertation finds that the Commission does not have a formal transversal monitoring and evaluation system. The co-operation between the Commission and other oversight bodies (such

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20

Kingwill, Rosalie Anne. "The map is not the territory: law and custom in ‘African freehold’: a South African case study." 2013. http://hdl.handle.net/11394/3597.

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Philosophiae Doctor - PhD<br>The thesis examines the characteristics of land tenure among African families with freehold title who trace their relationship to the land to their forebears who first acquired title in the mid-nineteenth century. The evidence was drawn from two field sites in the Eastern Cape, Fingo Village, Grahamstown and Rabula in the Keiskammahoek district of the former Ciskei. The evidence, supported by evidence in other Anglophone countries, shows that African familial relationships reminiscent of ‘customary’ concepts of the family, were not, and are not extinguished when t

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21

Motlhoki, Stephina Modiegi. "The effectiveness of the South African Truth and Reconciliation Commission in the contect of the five pillars of transitional justice." Diss., 2017. http://hdl.handle.net/10500/23302.

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This study evaluated the effectiveness of the South African Truth and Reconciliation Commission (SATRC), using the theoretical and conceptual framework of the five pillars of transitional justice. Chitsike (2012) identified the five Pillars of Transitional Justice that the study uses. For that reason, Truth-Seeking and Truth-Telling, Trials and Tribunals, Reparations, Institutional Reform and Memorialisation are the Five Pillars of Transitional Justice that this study elected to use as the conceptual and theoretical framework. The Five Pillars of Transitional Justice that were delineated

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22

Modipane, Pheagane Trott. "A critical exposition on the determination of a "just and equitable" compensation for expropriation in South African law." Diss., 2009. http://hdl.handle.net/10500/2965.

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23

Lamprecht, Andries Albertus. "International law in the post-1994 South African constitutions : terminology and application." Diss., 2002. http://hdl.handle.net/10500/832.

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An important change wrought by the post-1994 South African Constitutions is the attempt to have South Africa recognised as a democratic and sovereign state in the "family of nations." The new Constitutions make extensive reference to the state's international obligations and represent an endeavour to [re]define the status of international law vis-a-vis national law. Some provisions utilise international law in the interpretation and formulation of national jurisprudence and represent an [albeit not totally successful] endeavour to attain greater harmonisation between international and na

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24

Koli, Natasha Mwende. "A comparison of Kenyan and South African law on security by means of movables." Diss., 2015. http://hdl.handle.net/10500/19576.

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This study compares the legal principles applicable in both South Africa and Kenya in the creation of security by means of movables. It identifies the forms of security that can be created in the two jurisdictions. The main focus will be on the creation, publicity, priority of security interest and enforcement of the said interests. The research will in addition establish the challenges (if any) that are encountered when creating security by means of movables in Kenya and identify practical solutions that can be adopted in order to improve the creation of security by means of movables in Kenya

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25

Van, Eeden Albert Jacob. "The constitutionality of vicarious liability in the context of the South African labour law : a comparative study." Diss., 2014. http://hdl.handle.net/10500/13596.

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If the expectancy that someone was to act according to what we deem to be his or her “duty” was that straightforward, there would be no need to address the issues of liability of the employee for the wrongful acts of the employer. The recent - and some say alarming - trend in South Africa to hold employers (particularly the government) liable for wrongful, culpable acts committed by their employees, gives rise to difficulties and any inquiry into the possible vicarious liability of the employer should necessarily always start by asking whether there was in fact a wrongful, culpable act committ

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26

Lowndes, Gillian Claire. "The need for a flexible and discretionary system of marital property distribution in the South African law of divorce." Diss., 2014. http://hdl.handle.net/10500/18819.

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Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left wi

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27

Bezuidenhout, Susan Antoinette. "The powers of the Labour Court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration : a comparative study." Thesis, 2004. http://hdl.handle.net/10500/2001.

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A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) di

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28

Khosa, Miyelani. "The interplay of sector regulators and competition authorities in regulating competition in telecomunications : the south African case." Diss., 2009. http://hdl.handle.net/10500/3576.

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The privatisation and liberalisation of telecommunications throughout the world has resulted in the growing involvement of competition authorities in telecommunications regulation, alongside telecommunications sector-specific regulators. The existence of both sector specific rules and competition rules has brought about a critical institutional challenge. The increased role of competition authorities in the telecommunications sector raises the issue of inconsistent jurisdiction in the sector. Conflicts are therefore inevitable in the absence of clear delineation of jurisdiction. The Sou

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29

Shearar, Jeremy Brown. "Against the world : South Africa and human rights at the United Nations 1945-1961." Thesis, 2007. http://hdl.handle.net/10500/1278.

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At the United Nations Conference on International Organization in April 1945 South Africa affirmed the principle of respect for human rights in a Preamble it proposed for inclusion in the Charter of the United Nations. The proposal was approved and the Preamble was accorded binding force. While South Africa participated in the earliest attempts of the United Nations to draft a bill of rights, it abstained on the adoption of the Universal Declaration of Human Rights because its municipal legislation was incompatible with some articles. Similarly, South Africa did not become a party to the in

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30

Moodie, Nicolette. "Denial of inheritance rights for women under indigenous law : a violation of international human rights norms." Diss., 2000. http://hdl.handle.net/10500/17502.

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Throughout sub-Saharan Africa, women and girls are denied their right to inherit from their husbands and fathers as a result of the operation of the indigenous law rule of male primogeniture, in terms of which an heir must be male. This violates prohibitions on gender discrimination, as well as other, more specific provisions found in international human rights treaties. However, courts in both South Africa and Zimbabwe have in recent years upheld the rule. States Parties to relevant treaties have an obligation to ensure equal inheritance rights for women and girls. In the case of South

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31

Mojapelo, Makutla Gibson. "Contribution of selected chapter nine institutions to records management in the public sector in South Africa." Diss., 2017. http://hdl.handle.net/10500/23793.

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Records management plays a significant role in ensuring accountability, transparency and good governance. Chapter nine institutions, on the other hand, are democratic institutions responsible for the promotion of accountability, transparency and good governance in the public sector through various forms such as investigation, reporting and recommendations. Although the regulatory role of records management in the public sector is the responsibility of the National Archives and Records Service of South Africa (NARSSA), it seems that this responsibility is cumbersome for the organisation as seve

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32

Suckling, Brian Charles. "A critical appraisal of the legal implications of South Africa’s withdrawal from the ICC in the context of its international and regional human rights obligations." Diss., 2018. http://hdl.handle.net/10500/25094.

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This study involves a critical appraisal of the legal implications of South Africa’s withdrawal from the International Criminal Court (ICC) in the context of its international and regional human rights obligations. The dissertation also investigates the history and formation of the ICC, South Africa’s involvement and its role as a guardian of international and regional human rights obligations in Africa. The study reviews the circumstances leading to South Africa’s notice of withdrawal from the ICC, including the legal implications and international human rights obligations. This inquiry co

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33

McBride, Vanessa Ann. "Patent ownership : rights to employee inventions." Diss., 1996. http://hdl.handle.net/10500/18187.

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A patent is an intellectual property right granted as a reward for the labours of the inventor so as to commercially exploit the invention in return for disclosure of the invention. The benefits of the patent system find perfect expression in the employment situation since the employer is better equipped to exploit the invention through provision of resources and capital whereas the employee is provided with an opportunity to develop his technical know-how. A comparative study of the laws pertaining to employee inventions in the United Kingdom, Federal Republic of Germany and the United

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34

Perlman, Leon Joseph. "Legal and regulatory aspects of mobile financial services." Thesis, 2012. http://hdl.handle.net/10500/13362.

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The thesis deals with the emergence of bank and non-bank entities that provide a range of unique transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked, underserved and underbanked persons via mobile phones. Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’ services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’ services from banks. All involve the concept of ‘bran

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