• A legal analysis on how France, Germany, the European Union and South Africa responded to the United Nations guiding principles on business and human rights 

  Buis, Jeanette (University of Pretoria, 2023)

  Globally, companies pursue profitability; they want lower prices for the goods they buy and for the services they use. To gain profit and keep their prices low, they contribute to human rights violations and/or the devastation ...
• Accountability, estoppel and bypassing of the municipal finance Management Act : a note on Merifon (Pty) Ltd v Greater Letaba municipality trilogy 

  Maloka, Tumo Charles; Sefoka, Isaiah Mmatipe (Unisa Press, 2022)

  Accountability and transparency reinforce the constitutional principles of governance, which constitute equality before the law, separation of powers, legality and the rule of law, which are central to the conception of ...
• A comparative appraisal of debt relief measures for no income no assets (NINA) debtors in Nigeria 

  Osunlaja, Tobi Titilayo (University of Pretoria, 2019-10)

  Nigeria currently has a non-functioning insolvency system; it is yet to record a successful insolvency case. This failure principally is attributable to the weak laws and enforcement policies in existence. The problem ...
• Should magistrates take down confessions? 

  Curlewis, Llewelyn Gray; Gravett, W.H. (Willem) (Nelson Mandela Metropolitan University, Faculty of Law, 2022)

  Section 217(1) of the Criminal Procedure Act 51 of 1977 (the Act) sets forth the requirements for the admissibility of a confession made by any person in relation to the commission of an offence. Section 217(1)(a) provides ...
• A new legal and regulatory framework for derivative actions in Nigeria 

  Egbe, MOTUNRAYO OLUWEMIMO (University of Pretoria, 2022)

  The enactment of the Companies and Allied Matters Act in August 2020(‘CAMA’), has birthed another legal framework for derivative actions in Nigeria. However, the mild reforms made in CAMA with respect to derivative actions ...
• The goals of competition law for merger analysis in developing jurisdictions : a critical appraisal of merger analysis under Kenyan competition law 

  Njako, Priscilla Mumbua (University of Pretoria, 2023)

  This thesis considers whether jurisdictional exigencies should influence competition law enforcement, with a specific focus on merger analysis. It examines various approaches and schools of thought regarding the goals of ...
• A deposit guarantee framework for South Africa : a comparative appraisal 

  Matasane, Matsietso Agnes (University of Pretoria, 2023)

  This thesis appraises the features of the new South African explicit deposit insurance system (EDIS) as set out in the Financial Sector Laws Amendment Act 23 of 2021 which introduces a comprehensive deposit insurance ...
• The designation and stringent prudential regulation of systemically important banks in South Africa 

  Lichaba, Mamofana Florina (University of Pretoria, 2023)

  The designation and regulation of systemically important banks is a recent subject of ongoing global research dedicated to analyse measures designed to address the “Too-Big-To-Fail” conundrum of systemically important ...
• The liability of sureties in terms of section 154 of the Companies Act 71 of 2008 

  Ndlovu, Letty (University of Pretoria, 2022)

  The focus of the research is on section 154 of the Companies Act 71 of 2008. The legal effect of section 154 upon the approval and implementation of a business rescue plan related to the liability of sureties is of significant ...
• Challenges of majoritarianism in South African Collective Labour Law 

  Kwali, Portia (University of Pretoria, 2023)

  ABSTRACT Majoritarianism is one of the policy choices in collective labour relations in South Africa. However, majoritarianism presents challenges because it subjects minority trade unions to the dictates of their majority ...
• Regulatory framework for workplace bullying in South Africa : the inefficancy of broad strokes within protective legislation 

  Makamu, Ndhuma (University of Pretoria, 2022)

  Workplace bullying has become prevalent. The study assesses the efficiency of the regulatory framework for workplace bullying in South Africa. The study found no specific legislation that regulates workplace bullying in ...
• The right to equal work between men and women in corporate South Africa (bridging the gender wage gap) 

  Papo, Itumeleng Agnes (University of Pretoria, 2022)

  In general, this research critically evaluates the right to equal pay for equal work between men and women in corporate South Africa. In Chapter 1, the researcher sets out the research problem and objectives while Chapter ...
• The development of the Turquand rule and the doctrine of constructive notice in South African company law 

  Pieterse, Wynand Reinier (University of Pretoria, 2022)

  The dissertation analyses the development of the Doctrine of Constructive Notice and the Turquand rule in the South African Legal framework. The Doctrine of Constructive Notice in terms of the common law was that a person ...
• Requirements to be appointed as a director of an insurance company in South African Law 

  Van Niekerk, Karina (University of Pretoria, 2022)

  This study investigates current problems pertaining to the recruitment and appointment of suitable candidates for directorship in private and public companies. Conduct risk is one of the key drivers of potential misconduct ...
• Debt relief as part of the social safety net : a comparative appraisal of the regulation of no income no asset debtors in Zimbabwe 

  Boterere, Shammah God'swill (University of Pretoria, 2022)

  Zimbabwe has recently introduced a consolidated Insolvency Act [Chapter 6:07] that came into operation on 25 June 2018. The Insolvency Act regulates the debt relief system by consolidating Zimbabwe’s natural and corporate ...
• The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill 

  Van Der Merwe, Johannes Jacobus (University of Pretoria, 2023)

  This dissertation considers the potential impact the Expropriation Bill 23-2020 will have on commercial banks. The novelty of the Expropriation Bill 23-2020 is that it introduces the concept of expropriation without ...
• The implications of the use of cannabidiol-related products in a safety-sensitive drug testing environment : a medical-legal perspective 

  Jooste, Jacques Schalk; Laurens, J.B.; Jordaan, M.; Marais, A.A.S.; Curlewis, Llewelyn Gray (Health and Medical Publishing Group, 2021-10)

  Cannabis access laws allow for the use of cannabis in private and the trade, purchase and use of hemp-related products as a complementary medicine and for other benefits. Cannabidiol (CBD) has the treatment potential for ...
• YM v LB (465/09) [2010] ZASCA 106 (17 September 2010) 

  Curlewis, Llewelyn Gray (Nelson Mandela Metropolitan University, Faculty of Law, 2021)

  In this matter, which resulted in an enquiry by the Supreme Court of Appeal and ultimately a unanimous decision, the facts were the following: the appellant, Mrs Y M (M) appealed against an order that she and her minor ...
• Are fundamental human rights being eroded during the COVID-19 pandemic? A discussion of the Brits application 

  Curlewis, Llewelyn Gray; Venter, Shandre (Law Society of South Africa, 2021-10)

  The Constitution of South Africa’s (SA’s) ‘Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality ...
• The regulation and use of artificial intelligence and 5G technology to combat cybercrime and financial crime in South African banks 

  Chitimira, Howard; Ncube, Princess (Academy of Science of South Africa, 2021-06)

  Artificial intelligence (AI) and fifth generation network technology (5G) are now being utilised by some companies and financial institutions such as banks to enhance their competitiveness and expand their businesses. ...

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