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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
Brink, G.F. (Gustav Francois)(Pretoria University Law Press, 2021)
In “‘Dumping’ and the Competition Act of South Africa”, Vinti espouses
that the Competition Commission has jurisdiction over the actions of
extra-territorial parties insofar as such actions involve “prohibited ...