The labour court’s approach in awarding costs
- Authors: Minnie, Wouter
- Date: 2024-04
- Subjects: Labour matters , Law of costs , Labour Court
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/66151 , vital:74423
- Description: The unanimous judgment in the CC case of Union for Police Security and Corrections Organisations v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 26, delivered by Judge Khampepe, highlighted the distinct approach to costs in labour matters. While the general rule in litigation is that costs follow the result, the Constitutional Court has consistently emphasised that this principle does not apply in labour disputes, as clarified in the landmark case of Zungu v Premier of the Province of KwaZulu-Natal and Others (CCT136/17) [2018] ZACC 1; (2018) 39 ILJ 523 (CC); [2018] 4 BLLR 323 (CC); 2018 (6) BCLR 686 (CC) (22 January 2018). The court emphasised its constitutional and statutory obligation to depart from the general rule in labour matters. However, section 162 of the LRA provides the LC with the authority to order the payment of costs based on the requirements of the law and fairness. Similarly, section 179 of the LRA grants the LAC the discretion to make cost orders considering the law and fairness. This presents an intriguing legal debate surrounding the interpretation of the LRA provisions and the assertion that costs do not follow the result in labour matters. It raises questions about whether this assertion aligns with sections 162 and 179 of the LRA and whether it applies to labour matters beyond the purview of the LC and LAC, such as disputes rooted in the law of contracts, administrative law or common law which can be adjudicated in alternative forums. This treatise aims to explore the historical development of the South African law of costs, with a particular focus on costs in labour matters. It will critically analyse whether the courts’ approach to costs in labour matters is legally sound, fair and consistent. By delving into these issues, this treatise intends to contribute to the scholarly discussion on costs in labour disputes, assess the appropriateness of the current approach, and propose potential areas for improvement. , Thesis (LLM) -- Faculty of Law, Department of Mercantile Law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Minnie, Wouter
- Date: 2024-04
- Subjects: Labour matters , Law of costs , Labour Court
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/66151 , vital:74423
- Description: The unanimous judgment in the CC case of Union for Police Security and Corrections Organisations v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 26, delivered by Judge Khampepe, highlighted the distinct approach to costs in labour matters. While the general rule in litigation is that costs follow the result, the Constitutional Court has consistently emphasised that this principle does not apply in labour disputes, as clarified in the landmark case of Zungu v Premier of the Province of KwaZulu-Natal and Others (CCT136/17) [2018] ZACC 1; (2018) 39 ILJ 523 (CC); [2018] 4 BLLR 323 (CC); 2018 (6) BCLR 686 (CC) (22 January 2018). The court emphasised its constitutional and statutory obligation to depart from the general rule in labour matters. However, section 162 of the LRA provides the LC with the authority to order the payment of costs based on the requirements of the law and fairness. Similarly, section 179 of the LRA grants the LAC the discretion to make cost orders considering the law and fairness. This presents an intriguing legal debate surrounding the interpretation of the LRA provisions and the assertion that costs do not follow the result in labour matters. It raises questions about whether this assertion aligns with sections 162 and 179 of the LRA and whether it applies to labour matters beyond the purview of the LC and LAC, such as disputes rooted in the law of contracts, administrative law or common law which can be adjudicated in alternative forums. This treatise aims to explore the historical development of the South African law of costs, with a particular focus on costs in labour matters. It will critically analyse whether the courts’ approach to costs in labour matters is legally sound, fair and consistent. By delving into these issues, this treatise intends to contribute to the scholarly discussion on costs in labour disputes, assess the appropriateness of the current approach, and propose potential areas for improvement. , Thesis (LLM) -- Faculty of Law, Department of Mercantile Law, 2024
- Full Text:
- Date Issued: 2024-04
Uviwe Umthandazo
- Authors: Madinda, Viwe
- Date: 2023-10-13
- Subjects: Ubuntu (Philosophy) , Interpersonal communication , Mindfulness (Psychology) , Identity (Psychology) in art , Self-care , Spirituality in art
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/425344 , vital:72231
- Description: The discourse of identity and community are topics of interest to me. As a citizen living in post-apartheid South Africa, I am captivated by the re-emerging wisdom and knowledge of Nguni cultural philosophies and practices. My practice-based research is interested in a creative interpretation of these ancient philosophies and practices in the context of postcolonial life. The project in many ways re-members through observation of socio-political issues such as inequality, violence, and vandalism as reflections of internal challenges of the individual self in current reality. In essence, my discussion in this paper highlights the need for healing grief and loss for the well-being – physical, emotional, mental, and spiritual – of society. Self-definition is the core of any community and we see this in the philosophy of the African proverb umntu ngumntu ngabantu, ‘I am because you are’. ‘I am’ is a set of beliefs that construct the individual self; our life’s course then becomes a constant molding of the body and the world around us. The wisdom of ubuntu was, and is, a catalyst for many African cultures, as this law recognizes each individual as important and equal in the community. As a descendant of various indigenous clans originating in Africa the well-being and balance of my being is determined by how much I know about who I am. Consequently, being a part of the generation that is experiencing the transitioning phases from apartheid I question the ways we are dealing with the residue of coloniality concerning all aspects of self; the physical, emotional, and mental bodies of self. My creative work is a reflection of the exercises I implemented to cultivate selfhood as a way to participate in and control my reality as a marginalized member of society. The different chapters touch on many intersecting theories about tools for healing/soothing the self. The creative process experimented with the various concepts embedded in the expression ‘I am because you are’. In the process of this research, I learned that knowing yourself is one of the principles of ubuntu, which teaches me that I cannot be or give what I do not have. The themes I explore through the above expression are self-love, self-acceptance, and self-respect using a creative lens. This practice-based research proposes a concept; the act of love as a decolonial gesture. My exhibition Vuleka Mhlaba Ndinegene1 utilizes visual language to convey the need for more conversations on healing using natural elements, as a way to make a connection between self, the natural environment, and community. In the first and second chapters, the paper focuses on practices employed by artists such as Lhola Amira, Guadalupe Maravilla, Buhlebezwe Siwani, Tony Gum, Lina Iris Viktor, and Aida Muleneh, to relate the various approaches to re-member the severed connection between self, nature, and community. This study looks at theories on; holding space, sound healing, earthing, shadow work, astrology, and human consciousness. , Thesis (MFA) -- Faculty of Humanities, Fine Art, 2023
- Full Text:
- Date Issued: 2023-10-13
- Authors: Madinda, Viwe
- Date: 2023-10-13
- Subjects: Ubuntu (Philosophy) , Interpersonal communication , Mindfulness (Psychology) , Identity (Psychology) in art , Self-care , Spirituality in art
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/425344 , vital:72231
- Description: The discourse of identity and community are topics of interest to me. As a citizen living in post-apartheid South Africa, I am captivated by the re-emerging wisdom and knowledge of Nguni cultural philosophies and practices. My practice-based research is interested in a creative interpretation of these ancient philosophies and practices in the context of postcolonial life. The project in many ways re-members through observation of socio-political issues such as inequality, violence, and vandalism as reflections of internal challenges of the individual self in current reality. In essence, my discussion in this paper highlights the need for healing grief and loss for the well-being – physical, emotional, mental, and spiritual – of society. Self-definition is the core of any community and we see this in the philosophy of the African proverb umntu ngumntu ngabantu, ‘I am because you are’. ‘I am’ is a set of beliefs that construct the individual self; our life’s course then becomes a constant molding of the body and the world around us. The wisdom of ubuntu was, and is, a catalyst for many African cultures, as this law recognizes each individual as important and equal in the community. As a descendant of various indigenous clans originating in Africa the well-being and balance of my being is determined by how much I know about who I am. Consequently, being a part of the generation that is experiencing the transitioning phases from apartheid I question the ways we are dealing with the residue of coloniality concerning all aspects of self; the physical, emotional, and mental bodies of self. My creative work is a reflection of the exercises I implemented to cultivate selfhood as a way to participate in and control my reality as a marginalized member of society. The different chapters touch on many intersecting theories about tools for healing/soothing the self. The creative process experimented with the various concepts embedded in the expression ‘I am because you are’. In the process of this research, I learned that knowing yourself is one of the principles of ubuntu, which teaches me that I cannot be or give what I do not have. The themes I explore through the above expression are self-love, self-acceptance, and self-respect using a creative lens. This practice-based research proposes a concept; the act of love as a decolonial gesture. My exhibition Vuleka Mhlaba Ndinegene1 utilizes visual language to convey the need for more conversations on healing using natural elements, as a way to make a connection between self, the natural environment, and community. In the first and second chapters, the paper focuses on practices employed by artists such as Lhola Amira, Guadalupe Maravilla, Buhlebezwe Siwani, Tony Gum, Lina Iris Viktor, and Aida Muleneh, to relate the various approaches to re-member the severed connection between self, nature, and community. This study looks at theories on; holding space, sound healing, earthing, shadow work, astrology, and human consciousness. , Thesis (MFA) -- Faculty of Humanities, Fine Art, 2023
- Full Text:
- Date Issued: 2023-10-13
A comparative analysis of the taxation of lease transactions in South Africa, Australia, and Nigeria
- Authors: Galada, Khayalethu
- Date: 2021-04
- Subjects: Tax accounting -- South Africa , Tax accounting -- Australia , Tax accounting -- Nigeria , Taxation -- South Africa Taxation -- Australia Taxation -- Nigeria Accounting
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51428 , vital:43274
- Description: This treatise compared the tax treatment of lease transactions in South Africa, Australia, and Nigeria from both the lessor and lessee perspective. The analysis revealed that there are similarities and differences in the tax treatment of lease transactions between South Africa, Australia, and Nigeria. In particular, one major difference was that unlike Nigeria, South Africa and Australia have not aligned the income tax treatment of lease transactions with the accounting treatment of lease transactions in terms of IFRS 16. Consequently, the research concludes that certain parts of the tax treatment of lease transactions in South Africa may be deemed to be inadequate as a result of the misalignment between the income tax and accounting treatment of lease transactions and the inconsistency between the income tax and VAT treatment of lease transactions. This research proposes that the South African income tax treatment of lease transactions be revised by aligning the income tax treatment of lease transactions with the accounting treatment of lease transactions for simplicity purposes, and that the inconsistency between the income tax treatment and the value-added tax of lease transactions be eliminated. , Thesis (MCom) -- Faculty of Business and Economic Sciences, Accounting, 2021
- Full Text:
- Date Issued: 2021-04
A comparative analysis of the taxation of lease transactions in South Africa, Australia, and Nigeria
- Authors: Galada, Khayalethu
- Date: 2021-04
- Subjects: Tax accounting -- South Africa , Tax accounting -- Australia , Tax accounting -- Nigeria , Taxation -- South Africa Taxation -- Australia Taxation -- Nigeria Accounting
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51428 , vital:43274
- Description: This treatise compared the tax treatment of lease transactions in South Africa, Australia, and Nigeria from both the lessor and lessee perspective. The analysis revealed that there are similarities and differences in the tax treatment of lease transactions between South Africa, Australia, and Nigeria. In particular, one major difference was that unlike Nigeria, South Africa and Australia have not aligned the income tax treatment of lease transactions with the accounting treatment of lease transactions in terms of IFRS 16. Consequently, the research concludes that certain parts of the tax treatment of lease transactions in South Africa may be deemed to be inadequate as a result of the misalignment between the income tax and accounting treatment of lease transactions and the inconsistency between the income tax and VAT treatment of lease transactions. This research proposes that the South African income tax treatment of lease transactions be revised by aligning the income tax treatment of lease transactions with the accounting treatment of lease transactions for simplicity purposes, and that the inconsistency between the income tax treatment and the value-added tax of lease transactions be eliminated. , Thesis (MCom) -- Faculty of Business and Economic Sciences, Accounting, 2021
- Full Text:
- Date Issued: 2021-04
The design of a waste recycling facility for the waste pickers of Arlington landfill, Port Elizabeth: recognising the needs of unacknowledged stakeholders in the circular waste economy
- Authors: Smit, Blake Sean
- Date: 2020-04
- Subjects: Recycling (Waste, etc.)--Arlington landfill -- Port Elizabeth , stakeholder management
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/58609 , vital:59958
- Description: At this very moment, this very second, in the backstreets and upon high, vast wastelands, something is in motion. Often on the periphery of our daily thoughts, or not at all, this very motion never ceases to exist- it simply cannot afford to. Waste, our modern-day global issue, has reached a critical point, causing us to now venture into uncharted territories. We produce unspeakable amounts of waste per annum creating compounding social and environmental problems, and in the process we create a partic - ular physical object, an altered landscape known as a landfill. The landfill environment is where this treatise chooses to position itself but looks further into the existing community of individuals who perform the task of recycling. Waste pickers, an unmatched motion and dynamic within our broad waste landscape, remain largely unacknowledged in the role they play in the circular waste economy, subsequently creating the core concern for this treatise. Hence, the building type responsible, a waste recycling facility, that looks to identify and address the needs that these individuals require to safely carry out their pivotal role within the setting of Arlington Landfill in Port Elizabeth. Therefore, this treatise looks to uncover and bring to light a day in the life of a waste picker, through an architectural intervention seeking to become more than an object on the landscape. The treatise looks to break away from a static architectural object by applying the overall lens guided by ‘Anti-Object’ writ - ten by Kengo Kuma, therefore concerning itself with an overarching process of creating an emerging anti-object architecture, embodying the subtitles and characteristics of the waste pickers of Arlington Landfill. , Thesis (MA) -- Faculty - School of Architecture, 2020
- Full Text:
- Date Issued: 2020-04
- Authors: Smit, Blake Sean
- Date: 2020-04
- Subjects: Recycling (Waste, etc.)--Arlington landfill -- Port Elizabeth , stakeholder management
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/58609 , vital:59958
- Description: At this very moment, this very second, in the backstreets and upon high, vast wastelands, something is in motion. Often on the periphery of our daily thoughts, or not at all, this very motion never ceases to exist- it simply cannot afford to. Waste, our modern-day global issue, has reached a critical point, causing us to now venture into uncharted territories. We produce unspeakable amounts of waste per annum creating compounding social and environmental problems, and in the process we create a partic - ular physical object, an altered landscape known as a landfill. The landfill environment is where this treatise chooses to position itself but looks further into the existing community of individuals who perform the task of recycling. Waste pickers, an unmatched motion and dynamic within our broad waste landscape, remain largely unacknowledged in the role they play in the circular waste economy, subsequently creating the core concern for this treatise. Hence, the building type responsible, a waste recycling facility, that looks to identify and address the needs that these individuals require to safely carry out their pivotal role within the setting of Arlington Landfill in Port Elizabeth. Therefore, this treatise looks to uncover and bring to light a day in the life of a waste picker, through an architectural intervention seeking to become more than an object on the landscape. The treatise looks to break away from a static architectural object by applying the overall lens guided by ‘Anti-Object’ writ - ten by Kengo Kuma, therefore concerning itself with an overarching process of creating an emerging anti-object architecture, embodying the subtitles and characteristics of the waste pickers of Arlington Landfill. , Thesis (MA) -- Faculty - School of Architecture, 2020
- Full Text:
- Date Issued: 2020-04
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