Law
Recent Submissions
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A critique of Botswana's Trade Disputes Act, 2016 : the case for reform
(North-West University (South Africa), 2019)Effective trade dispute resolution can only be attained if there is an effective and efficient trade dispute resolution framework. In Botswana, the pillars for this framework, which are found in the TOA, 2016 ('the Act'), ... -
An Analysis of the Protection of Selected Civil and Political Rights under the Zimbabwe Constitution 2013
(North-West University (South Africa), 2015)This study analyses the protection of selected civil and political rights under the Zimbabwe Constitution 2013. For the purpose of this research the following civil and political rights are discussed: the right to life, ... -
The interpretation of the "deeming provision" in terms of section 198A (3)(b) of the Labour Relations Act 66 of 1995: who is the employer?
(North-West University (South Africa), 2020)The utilisation of temporary employment services (TES), or Labour Brokers as they are commonly referred to, has been a controversial issue precisely because of the inherent exploitation of provided employees by TES' clients. ... -
Enhancing public energy procurement through constitutionalism: a comparative study of South Africa and Zimbabwe
(North-West University (South Africa), 2020)This paper compares the manner in which the Constitution and administrative law influences energy procurement in South Africa and Zimbabwe. South African courts have been called upon to test the validity of government ... -
The application of the Zweikondiktionentheorie and the Saldotheorie in the South African law of unjustified enrichment
(North-West University (South Africa), 2020)In the South African law of unjustified enrichment two theories are evident in instances where reciprocal performance were made. The two theories are the Zweikondiktionentheorie and the Saldotheorie. Both theories are ... -
The impact of closed shop agreements : a critical and comparative analysis of South Africa and Germany
(North-West University (South Africa), 2008)This research is based on the opinion that the application of closed shop agreements in South Africa negates the purposes of the LRA contained in section 1 of the Act. These purposes are the rights of workers to economic ... -
Beyond the Millennium development goals : a rights-based agenda for Africa
(North-West University (South Africa), 2015)African states were active participants in the processes leading to the emergence of the Millennium Development Goals (MOGs) in 2015. This study attempts to assess specific proposals for the MDGs. These proposals should ... -
A critical evaluation of the human rights of involuntary mental health care users
(North-West University (South Africa), 2015)The regulation of mental health care has its roots in Roman law. The history of the regulation of mental health care may be described as belonging in the darker pages of history. Mental health laws in South Africa have ... -
A comparative study of the legal framework governing oil and gas exploration and exploitation in Nigeria
(North-West University (South Africa), 2017)Oil and gas remain the bedrock of the Nigerian economy, forming 90% of the total export and about 80% of the Federal Government's revenue. Thus, a good regulatory framework to ensure sustainable development of these valuable ... -
Reflection on the prospects and challenges of the Office of the Public Protector in South Africa in achieving its constitutional mandate
(North-West University (South Africa), 2017)"No abstract available" -
An analysis of the South African law governing minors living with their mothers in prison
(North-West University (South Africa), 2018)South is one of the countries that allow minor children to live with their mothers in correctional facilities/prisons until they are two years old . The decision to allow a minor to accompany his/her mother to prison is ... -
The constitutional implications of the right to social security for Non-South African Nationals
(North-West University (South Africa), 2017)This research examines the constitutional implications of the right to social security and status of non-nationals in South Africa and the exiting immigration laws, government policies and the legislative frame work of ... -
Equal pay for equal work as a component of the socio-economic rights of employees
(North-West University (South Africa), 2015)This study intended to add value to the research work previously undertaken on equal pay for equal work as a component of socio-economic right of employees. The study examines the extent and impact of inequalities where ... -
Promoting financial inclusion through mobile money while introducing regulatory solutions to reduce and control money laundering in Lesotho
(North-West University (South Africa), 2020)Mobile money services have considerable potential in modern economies. They have the potential to increase financial inclusion for poor people and people excluded from formal financial services. This is because mobile money ... -
Regulations regarding autonomous vehicles and their use in South Africa
(North-West University (South Africa), 2020)This study addresses the question to what extend automated vehicles and their use are regulated in South Africa. To answer this question the autonomous vehicle legislation of various countries was critically discussed as ... -
The personal liability of public officials for constitutional litigation costs
(North-West University (South Africa), 2020)The central theme in this dissertation is a discussion on the imposition of personal costs orders on public officials in constitutional litigation. The issue of costs in litigation involving state functionaries (public ... -
The tax implications for expatriates following the amendment of the Income Tax Act
(North-West University (South Africa), 2020)In South Africa income tax is levied at a progressive rate on any income earned. South Africa changed to a residence-based system after following a source-based system prior to 2001. Therefore, residency is a very important ... -
The best interests of children of primary caregivers to be sentenced: a comparative study
(North-West University (South Africa), 2020)Every child has the right to care. The commission of an offence by the child’s primary caregiver and her resultant imprisonment may infringe or place the right of the child to care at risk of infringement. The incarceration ... -
Critical assessment of the constitutionality of the South African customs legislation
(North-West University (South Africa), 2020)Before 1994, most if not all pieces of legislation were subject to the sovereignty of Parliament and the law enforcement powers of the executive, which enabled the development of the authoritarian and oppressive system of ... -
Die reg op godsdiensbeoefening in openbare skole
(North-West University (South Africa), 2020)Die tema van hierdie studie is religieuse vryheid met 'n spesifieke fokus op godsdiensbeoefening in openbare skole. In hierdie studie word die bepalings van artikel 15(2) van die Grondwet ontleed om die impak daarvan op ...
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