Browsing by Subject "Discretion"
Now showing items 1-5 of 5
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Deciphering dangerousness: a critical analysis of section 286A and B of the Criminal Procedure Act 51 of 1977
(PER/PELJ, 2019)The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks ... -
Legal limits on the employer's freedom of choice in recruiting and selecting employees
(2013)Under common law an employer enjoyed complete freedom of choice when recruiting and selecting employees. An employer had unfettered discretion in recruiting and selecting employees. There were no legal restrictions on ... -
Refining the understatement penalty in terms of the Tax Administration Act
(2013)The Tax Administration Act (28 of 2011) (TA Act), which was promulgated on 4 July 2012 and came into effect on 1 October 2012, was enacted with the purpose of aligning all the administrative provisions dealt with under the ... -
The role of ministerial discretionary powers in the granting of rights to minerals
(North-West University (South Africa), Potchefstroom Campus, 2016)In South Africa all mineral law matters are governed by the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter MPRDA). The MPRDA was enacted to, inter alia, enforce equitable access to the nation's ... -
What Constitutes a Benefit by Virtue of Section 186(2) of the Labour Relations Act 66 of 1995? Apollo Tyres South Africa (Pty) Ltd v CCMA 2013 5 BLLR 434 (LAC)
(2015)The uncertainty surrounding the concept benefit as provided for in section 186(2) of the Labour Relations Act 66 of 1995 was created not by the courts but rather by the legislature. The concept is not defined and clearly ...
