Browsing Law by Title
Now showing items 359-378 of 541
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Participation in serious crimes in international law: lessons from the United Nations' ad hoc tribunals
(2016)In criminal law, the imposition of individual criminal responsibility is based on the premise that such an individual would have, through some conduct (a positive act or an omission) brought about a result which is prohibited ... -
Perspectives on determining permanent disablement in South African occupational law
(North-West University, 2012)The right to be entitled to compensation for injuries sustained in the course of employment has always been an essential component of basic social security rights. Provision is made in the international sphere by the ... -
Policy considerations as an overriding mechanism against peremption in the South African Labour Law
(North-West University, 2019)One of the primary objects of labour law litigation and similarly arbitration, is for an unbiased third party to come to a binding decision regarding a labour related matter. This would imply that justice is served as each ... -
Political governance and constitution-making in Kenya : in search of popular participation.
(2012)This thesis examines the evolving ideal of popular participation in the context of Kenya's experience in the intertwined areas of political governance and constitution-making. The thesis is primarily motivated by the ... -
The polluter pays principle and environmental liability in South Africa
(North-West University, 2009)Environmental liability rules are crucial in a country such as South Africa. The issue of liability pertaining to pollution of or harm to the environment is a critical area in our law as environmental liability is not ... -
The position of assets vested in a sham trust
(North-West University, 2018)The concept of a sham trust has changed over the years. Presently it is defined as a perceived entity that is not entirely what it portrays to be. In addition, a sham is therefore regarded as invalid with a deceiving nature. ... -
The possibility of declaring education as an essential service in terms of the Labour Relations Act
(2014)In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact ... -
Post-constitutional developments in the interpretation of contracts
(North-West University, 2019)In South Africa, contractual law principles find their origin from the common law. As it is known today, South Africa is a constitutional democracy and all law, including contract law should comply with the Constitution ... -
The potential impact of the Draft Preservation and Development of Agricultural Land Framework Bill on land use and planning laws
(North-West University (South Africa) , Potchefstroom Campus, 2016)The South African regulatory framework on spatial planning, land use, land use management and land development is set out in the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). All land use planning ... -
Primogeniture and ultimogeniture under scrutiny in South Africa and Botswana
(North-West University (South Africa) , Potchefstroom Campus, 2016)African customary law and customary law of succession have existed and been practiced in traditional communities throughout Africa for many years. These rules have had to endure changing community norms and values, as well ... -
The "principle of non-discrimination" : the protection of foreign investors under the Protection of Investment Act
(North-West University (South Africa) , Potchefstroom Campus, 2016)The Protection of Investment Act was assented to by the President of South Africa on 15 December 2015. The objective of this study is to ascertain if the Act adequately protects foreign investors in terms of the World Trade ... -
The principles of source and residence taxation of electronic commerce transactions in South Africa
(North-West University, 2007)This study will present the traditional legal aspects for fiscal jurisdiction of direct taxation being the principles of source and residence income taxation as they have developed internationally and in South Africa. The ... -
The promotion of environmental justice through the lens of civil-based environmental governance in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2015)Civil society has a significant role to play in promoting environmental justice, particularly through the lens of civil-based environmental governance. Civil-based instruments such as public participation, access to ... -
Property regulation in South Africa : paving the way for regulation in Lesotho
(2014)Rapid growth of cities has become a trend in most countries, this is caused by urbanisation wherein people move from the rural areas to the urban areas in search of employment. It goes without saying that such population ... -
A proposed framework act for food security in South Africa
(2014)South Africa is characterised by high levels of poverty and inequality. Often poor households suffer inadequate or unstable food supplies as well as poor nutrition. Food insecurity is exacerbating due to inter alia high ... -
Proposed framework legislation for renewable energy in South Africa
(2015)It is common-cause that South Africa can be regarded as a country that is rich in diversity of natural resources. Moreover, it is generally accepted that South Africa has the best legislation with regard to the regulation ... -
Prospects of employment security for employees on fixed-term contracts in terms of South African labour legislation
(North-West University (South Africa) , Potchefstroom Campus, 2016)This study aims to evaluate the prospects of employment security for employees employed on fixed-term basis in South Africa, in terms of the labour legislation. The study has been triggered by the recent developments in ... -
Protecting wetlands impacted by the Mpumalanga coal mining industry : a legal analysis
(North-West University (South Africa) , Potchefstroom Campus, 2016)Wetlands are seen as one of the most vulnerable ecosystems globally. The protection of wetlands has received increased focus in the South African environmental legal domain in reaction to the realisation that these ecological ... -
The protection of infant industries in SACU : the Namibian poultry industries case
(2014)The Southern Africa Customs Union was first established in 1889 between the Cape of Good Hope and the Orange Free State. It has since undergone extensive change resulting in the current 2002 Agreement which includes an ...
