• Overview of the role of selected consumer protection bodies in the regulation of prices and access to redress under the Consumer Protection Act 68 of 2008 

  Magau, Phemelo; Chitimira, Howard (Editura Universitara Danubius, 2024-04)

  The Consumer Protection Act 68 of 2008 (CPA) seeks to promote the achievement and maintenance of a fair, accessible, efficient, sustainable and responsible market place for consumer products and services in South Africa. ...
• An overview of the extent of the powers of South African competition authorities in the regulation of price discrimination under the Competition Act 89 of 1998 in the context of digital transformation 

  Magau, Phemelo (North-West University, 2024-07)

  The purpose of the Competition Act 89 of 1998 as amended (the Competition Act) is, among others, to promote the efficiency, adaptability and development of the economy as well as to provide consumers with competitive ...
• The role and mandate of the motor industry ombudsman of South Africa : addressing prospects and challenges to enhance consumer protection 

  Tshabalala, Thapelo; Magau, Phemelo (North-West University, 2024-12)

  The Motor Industry Ombudsman of South Africa (MIOSA) is an industry ombud recognised under the Consumer Protection Act 68 of 2008 (CPA). The MIOSA regulates the interaction and provides for alternative dispute resolution ...
• Product liability in an age of development risks : should South Africa reconsider adopting a development risk defence? 

  Tennant, Sarah-lynn; Van Heerden, C.M. (Corlia) (Cambridge University Press, 2024-10)

  To provide protection against harm caused by defective, unsafe products and to promote product safety, the law of product liability has developed as a specialized area of the law of delict (tort). The vexing question is, ...
• Liability for damage caused by loadshedding : a consideration of whether collective action for redress by consumers in South Africa is possible 

  Scott-Ngoepe, Tshepiso (North-West University, 2024-12)

  The Consumer Protection Act 68 of 2008 (CPA) seeks to advance the social and economic welfare of consumers in South Africa by protecting vulnerable consumers, amongst other things. Loadshedding, which is characterised by ...
• Excluding life and insurance benefits from insolvent estates : a comparative study of South Africa, England and Wales, and the United States of America 

  Mabe, Zingapi; Mibiriri, Edith (North-West University, 2024-10)

  In South Africa, two principles apply to the exclusion of certain assets from an insolvent estate. First is the common-law principle that even the desperate insolvent is entitled to the basic necessities of life. Hence ...
• Did the CPA shut the bathroom doors for transgender and non-binary people? A critical legal reflection of Section 9(2) of the CPA 

  Scott-Ngoepe, Tshepiso; Van Dyk, Obakeng (North-West University, 2024-12)

  The Consumer Protection Act 68 of 2008 (CPA) introduced a variety of consumer rights that are intended to protect consumers in their engagement with suppliers. Amongst these rights is the consumer's right to equality in ...
• The timing of a proposed settlement in insolvency can be a gamble : Corruseal Corrugated KZN v Zakharov [2023] ZAWCHC 48 

  Boraine, A. (Andre), 1957-; Mabe, Zingapi (Nelson Mandela University, 2024-10-01)

  In Corruseal Corrugated KZN v Zakharov ([2023] ZAWCHC 48 (Corruseal Corrugated)), the court considered whether a donation made to a debtor after a provisional sequestration order (but before the final order of sequestration) ...
• Facilitating automatic exchange of information on blockchain : a South African perspective 

  Kabwe, Ruddy; Ncube, Princess (Nelson Mandela University, 2024-04-10)

  Exchange of information is a mechanism that enables tax authorities to share tax information across borders. Exchange of information curtails harmful practices such as tax evasion and tax avoidance by promoting cooperation ...
• An unjust interpretation of Section 116(1) of the Consumer Protection Act 68 of 2008 : the impact of First Rand Bank Limited v Ludick GP (unreported) 2020-06-18 Case no A277/2019 

  Scott-Ngoepe, Tshepiso (Nelson Mandela University, 2024-10-01)

  One of the key objectives of the Consumer Protection Act (68 of 2008) (CPA) is to ensure that consumers are provided with “an accessible, consistent, harmonised, effective and efficient system of redress” (s 3(1)(h) of the ...
• South Africa’s NINA debtor plight : lessons from the Scottish consumer debt relief system post the Covid-19 pandemic 

  Boterere, Shammah God'swill; Boraine, A. (Andre), 1957- (Juta Law Journals, 2023-12)

  In this article, the authors consider the plight of the so-called No Income No Asset (NINA) debtors against the backdrop of debt relief measures provided for this category of debtors who find themselves in a debt trap. It ...
• The taxation of image rights in South Africa : validity of tax minimisation schemes 

  Kapp, Leandri; Meyer, Carolina (University of Pretoria, 2022)

  Sport undeniably plays a major role in society today. Over the years, it has developed into n free-standing industry and its players have become increasingly valuable and earn income both on and off the field. This article ...
• Incorporating the incorporeal : the potential classification of Bitcoin as a ‘thing’ under South African common law 

  Geyer, Brigitte (University of Pretoria, 2023)

  This article aims to determine whether Bitcoin could be classified as a ‘thing’ in the South African common law of things. The key motivation behind this article is to determine whether the Pandectist focus on the corporeality ...
• Reimagining a new world of South African insolvency law : advantage to creditors and Section 39(2) of the Constitution 

  Smith, Alastair (Juta Law Journals, 2023-12)

  A recent judgment in an application for a final order of compulsory sequestration provided startling justification for granting the order even if the debtor’s estate has no assets that would provide a pecuniary benefit and ...
• Company records and information - an open book 

  Swart, Willem Jacobus Christiaan; Lombard, M. (LexisNexis, 2023-08)

  Die reg om inligting te bekom is, uit die aard van die saak, onontbeerlik tot die bevordering van 'n kultuur van deursigtigheid en verantwoordbaarheid. Die howe het in onlangse regspraak die geleentheid gehad om te beslis ...
• Intolerability of the employment relationship in the context of constructive dismissal : an analysis of recent judgments from South Africa, Namibia, Lesotho and Eswatini/Swaziland (Part 2) 

  Okpaluba, Chuks; Maloka, Tumo Charles (University of Fort Hare, Nelson R Mandela School of Law, 2023-12)

  The first part of this article introduced the concept of constructive dismissal in the law of unfair dismissal in South Africa, with some illustrations from Namibia, and discussed mainly the test for constructive ...
• Intolerability of the employment relationship in the context of constructive dismissal : an analysis of recent judgments from South Africa, Namibia, Lesotho and Eswatini/Swaziland (Part 1) 

  Okpaluba, Chuks; Maloka, Tumo Charles (University of Fort Hare, Nelson R Mandela School of Law, 2023-07)

  A number of recent cases from the Labour Court, especially, HC Heat Exchangers (Pty) Ltd v Araujo (JR155/16) [2019] ZALCJHB 275; 2020 3 BLLR 280 (LC) has compelled a revisit of the constructive dismissal aspect of the ...
• Limitations on the rights of migrant workers : is a compliant and consistent approach being followed? 

  Newaj, Kamalesh (University of the Western Cape, 2023)

  Migration has become a global phenomenon and South Africa, like many other countries, is a recipient of migrant workers. Migrant workers can be classified under five categories: permanent residents, refugees, asylum seekers, ...
• Dismissals for cannabis use : determining substantive fairness 

  Newaj, Kamalesh (Juta Law Journals, 2023-04)

  Since the Constitutional Court’s legalisation of the use of cannabis in private, dismissals for workplace infractions arising from testing positive for cannabis are on the rise. Such dismissals have been justified by ...
• Re-evaluating the employment status of uber drivers in South Africa : lessons from the United Kingdom and New Zealand 

  Newaj, Kamalesh (University of South Africa, 2023-07)

  South Africa (SA), like the United Kingdom (UK) and New Zealand (NZ), makes use of the services of Uber, which is a taxi or transportation service that connects the transport provider and passengers via a mobile application. ...

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