Browsing Law by Title
Now showing items 243-262 of 826
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Discrimination in the workplace on the basis of sexual orientation
(North-West University (South Africa)., 2000)"No abstract" -
Die diskresie van 'n trustee van 'n inter vivos trust : wysiging en beperking
(2014)This study focuses on the discretionary inter vivos trust. It specifically investigates what the discretion of a trustee comprises and in which circumstances (if any) the court may amend the trustee‟s discretion as stipulated ... -
Dismissal as a fair sanction based on cultural and religious beliefs : a comparative study
(North-West University (South Africa) , Potchefstroom Campus, 2016)The rights to freedom of religion and cultural expression are some of the most important rights a person has, and both are entrenched in the Bill of Rights. Since the expression of these rights is interwoven with a ... -
The dismissal of unprotected strikers and the audi alteram partem rule
(North-West University, 2006)When the Labour Relations Act was introduced in 1995, two of its main aims were to give effect to Section 23 of the Constitution of the Republic of South. $^1$ The Labour Relation Act 66 of1995 had sought inter alia, ... -
Dispute resolution at the Commission for Conciliation Mediation and Arbitration : a social justice perspective
(North-West University (South Africa)., 2023)The purpose of the mini-dissertation is to analyse and evaluate the degree to which the CCMA upholds social justice. The manner in which the application of the constitution and labour law affects society, more specifically ... -
Dispute resolution under the general conditions of contract 2010
(North-West University, 2012)In the light of the nature of the construction industry and the fact that it is often burdened with disputes arising from the contract, appropriate and unique alternative dispute resolution procedures are indispensable for ... -
Dissiplinêre verhore : 'n reg op regsverteenwoordiging vir werknemers
(North-West University, 2005)An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives ... -
Distinguishing between intention and negligence in South African criminal law
(North-West University (South Africa), Mafikeng Campus, 2016)This study presents an account of mens rea as a culpability requirement. Both intention and negligence are forms of mens rea recognised in terms of the South African criminal law. They are both endowed with distinct ... -
The doctrine of separability in respect of the arbitration clause of a contract : a comparative study of English law and South African law
(2014)Most jurisdictions have over the past two decades experienced reforms with regard to arbitration law. These include England, America, France, Germany and the Netherlands. These reforms were necessary as the trend in the ... -
The doctrine of separation of powers in South Africa with specific reference to the independence of the judiciary
(North-West University (South Africa), 2017)The doctrine of separation of powers was established to prevent absolute concentration of power in a single body. The writings of Locke, Montesquieu, Aristotle and the Magna Carta have contributed to this doctrine and also ... -
Dutch lessons on including climate impact assessments in South African environmental law
(North-West University, 2019)In pursuit of economic development, human kind has throughout the ages repeatedly and continuously interfered with nature. Historically, nature has been exploited without regard to the impacts of human activities on the ... -
Dwaling weens foutiewe kommunikasie by die elektroniese kontrakteringsproses
(North-West University, 2011)In the modern era of international trade most agreements are concluded by way of electronic means. This form of trade is better known as e–trading. This method of negotiating and concluding contracts are popular and the ... -
E-hailing and delivery service workers : employees or independent contractors?
(North-West University (South Africa)., 2023)South-African labour legislation provides comprehensive protection to employees in terms of, amongst others, the Basic Conditions of Employment Act 75 of 1997 and the Labour Relations Act 66 of 1995. Those workers who do ... -
Ecologically sustainable development as a constitutional value : South African perspectives
(North-West University (South Africa), 2022)In South Africa, constitutional values generally play a vital role in the adjudication of disputes. This is aligned with section 39(2) of the Constitution which mandates courts to promote the values underpinning an open ... -
The effect of anti-avoidance tax legislation on the protection of a legal interest in wealth creation and preservation
(North-West University (South Africa), 2020)Two interests, regulated by two separate areas of the law: the one, a yet to be recognised legally protectable interest in wealth creation and preservation; and the other, firmly positioned statutory provisions of the ... -
The effect of constitutional environmental protection on land ownership
(2015)Communities sometimes hold private property rights in or adjacent to a protected area. Section 25 of the Constitution of the Republic of South Africa of 1996 (the Constitution) protects a person's private property in that ... -
The effect of embargo and security provisions on immovable property transactions
(North-West University (South Africa) , Potchefstroom Campus, 2017)All South African property transactions require one or more clearance certificates to effect transfer of property into the name of a transferee. This can either be in terms of section 118(1) of the Local Government: Municipal ... -
The effect of human rights norms on policing in the North West province of South Africa, with the particular reference to Mmabatho and Vryburg policing area
(North-West University (South Africa), 2007)This research is all about the effect of human rights norms on policing particularly in the Mmabatho and Vryburg police stations in the North West Province of the Republic of South Africa. These stations were chosen ... -
The effect of modern constitutional development on marriages in community of property
(2015)The study commences with a brief overview of the history of marriage and specifically of marriage in community of property with reference to marital power. The unique ex lege consequences of marriage in community of property ... -
The effect of sanctions and sanctions clauses in letters of credit on the independent nature of these instruments
(North-West University (South Africa), 2023)Two essential principles of letters of credit are autonomy and stringent compliance. Autonomy describes letters of credit as being distinct from and unrelated to the underlying agreement between the parties. The underlying ...