The legal and regulatory aspects of international remittances within the SADC region
- Authors: Mbalekwa, Simbarashe
- Date: 2011
- Subjects: Emigrant remittances , Foreign exchange , Finance -- Government policy -- Developing countries , Transfer payments -- Developing countries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10280 , http://hdl.handle.net/10948/1373 , Emigrant remittances , Foreign exchange , Finance -- Government policy -- Developing countries , Transfer payments -- Developing countries
- Description: Migrant labourers who cross borders often have to send money back to their various countries of origin. These monetary transfers are known as remittances. To send these funds migrants often opt to rely on informal mechanisms as opposed to the remittance services of formal financial institutions such as banks. Informal remittance mechanisms raise a number of concerns such as those related to consumer protection. In contrast to formal channels informal channels are not based on any legally binding agreements. They are highly based on trust and do not offer any legally binding guarantee that the funds will be delivered or that the remitter will be reimbursed in the event of non-delivery. Aside from consumer protection concerns, informal remittances also raise security related concerns. These channels are not subject to the supervision of any regulatory authority and usually offer a high level of anonymity. They can act as an attractive mechanism for terrorists and criminal organisations to launder and mobilise their illicit funds. Taking into mind the concerns mentioned above, as well as others, it would be preferable for more remittances to be channelled through formal financial mechanisms. In conducting research on remittance transactions financial, as well as other institutions and organisations, have outlined legal and regulatory provisions in sending and recipient countries as being a factor that often hinders migrants from accessing formal financial services. This dissertation examines how the South African legal and regulatory framework affects the formalisation of remittances by migrant labourers, with a focus on the context of low-income migrants. The study identifies the Exchange control, immigration, anti-money laundering and anti-terrorism legislative provisions as being the most significant provisions that affect the formalisation of migrant remittances. So as to make an analysis and gather recommendations were possible, a comparison of the South African legal and regulatory provisions is made to those of Zambia and Zimbabwe. xiii The dissertation comes to the conclusion that South African legal and regulatory provisions hinder the formalisation of migrant remittances to a certain extent. They do so by collectively and individually restricting migrants who do not fulfil legislative requisites from accessing formal remittance channels. It is submitted that such migrants are inclined to rely on informal remittance mechanisms when the need to send money arises. Furthermore, South African law restricts competition within the remittance market by making it difficult for service providers to enter the market. The lack of an adequate competitive level fosters the prevalence of high remittance costs which can pose a significant barrier to low income migrants that wish to channel funds via formal means. Taking into mind the significance of formalising remittances as well as the objectives that the laws that hinder them seek to attain, which are equally significant, it is necessary for the regulatory authorities to investigate ways on how to possibly cater for both. It is submitted that if more remittances were to be channelled through official means the objectives sought to be attained by some of these legislative provisions would be attained more efficiently.
- Full Text:
- Date Issued: 2011
- Authors: Mbalekwa, Simbarashe
- Date: 2011
- Subjects: Emigrant remittances , Foreign exchange , Finance -- Government policy -- Developing countries , Transfer payments -- Developing countries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10280 , http://hdl.handle.net/10948/1373 , Emigrant remittances , Foreign exchange , Finance -- Government policy -- Developing countries , Transfer payments -- Developing countries
- Description: Migrant labourers who cross borders often have to send money back to their various countries of origin. These monetary transfers are known as remittances. To send these funds migrants often opt to rely on informal mechanisms as opposed to the remittance services of formal financial institutions such as banks. Informal remittance mechanisms raise a number of concerns such as those related to consumer protection. In contrast to formal channels informal channels are not based on any legally binding agreements. They are highly based on trust and do not offer any legally binding guarantee that the funds will be delivered or that the remitter will be reimbursed in the event of non-delivery. Aside from consumer protection concerns, informal remittances also raise security related concerns. These channels are not subject to the supervision of any regulatory authority and usually offer a high level of anonymity. They can act as an attractive mechanism for terrorists and criminal organisations to launder and mobilise their illicit funds. Taking into mind the concerns mentioned above, as well as others, it would be preferable for more remittances to be channelled through formal financial mechanisms. In conducting research on remittance transactions financial, as well as other institutions and organisations, have outlined legal and regulatory provisions in sending and recipient countries as being a factor that often hinders migrants from accessing formal financial services. This dissertation examines how the South African legal and regulatory framework affects the formalisation of remittances by migrant labourers, with a focus on the context of low-income migrants. The study identifies the Exchange control, immigration, anti-money laundering and anti-terrorism legislative provisions as being the most significant provisions that affect the formalisation of migrant remittances. So as to make an analysis and gather recommendations were possible, a comparison of the South African legal and regulatory provisions is made to those of Zambia and Zimbabwe. xiii The dissertation comes to the conclusion that South African legal and regulatory provisions hinder the formalisation of migrant remittances to a certain extent. They do so by collectively and individually restricting migrants who do not fulfil legislative requisites from accessing formal remittance channels. It is submitted that such migrants are inclined to rely on informal remittance mechanisms when the need to send money arises. Furthermore, South African law restricts competition within the remittance market by making it difficult for service providers to enter the market. The lack of an adequate competitive level fosters the prevalence of high remittance costs which can pose a significant barrier to low income migrants that wish to channel funds via formal means. Taking into mind the significance of formalising remittances as well as the objectives that the laws that hinder them seek to attain, which are equally significant, it is necessary for the regulatory authorities to investigate ways on how to possibly cater for both. It is submitted that if more remittances were to be channelled through official means the objectives sought to be attained by some of these legislative provisions would be attained more efficiently.
- Full Text:
- Date Issued: 2011
The legal framework pertaining to selected segments of the financial market
- Authors: Swart, Lynette
- Date: 2011
- Subjects: Financial institutions -- Law and legislation -- South Africa , Finance, Public -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10216 , http://hdl.handle.net/10948/1425 , Financial institutions -- Law and legislation -- South Africa , Finance, Public -- Law and legislation -- South Africa
- Description: A sound financial system is the cornerstone of any country‘s economy. As South Africa has always been deemed to have a sound legal framework pertaining to the financial market, it has never faced the situation where it had to extensively review its entire legal framework. However, the recent global economic meltdown left policy makers, internationally, questioning the soundness of their financial systems and South Africa has been no exception. This dissertation provides an overview of the legal framework pertaining to selected segments of the financial market. This legal framework is then tested against certain selected issues highlighted by the global economic meltdown in order to establish whether it was and still is sufficiently robust to effectively negotiate these challenges. In order to deal with the selected segments of the legal framework pertaining to the financial market as comprehensively as possible, the selected segments for the purposes of this dissertation include the capital market, the money market and the derivative market. This dissertation also evaluates the impact of other recent domestic developments pertaining to securities settlement in South Africa. These developments include the recently promulgated Companies Act 71 of 2008 and the currently drafted Participant Failure Manual. This dissertation suggests that the Companies Act 71 of 2008 will have a significant impact on securities settlement. It is recommended that companies, holders of uncertificated securities and holders of beneficial interests in uncertificated securities familiarise themselves with their revised rights and obligations in order to, amongst other things, ensure compliance with this new legislative framework. This dissertation reveals that, even though our financial system has been found to be fundamentally sound and thus far have dealt with the global economic meltdown quite well, legislative reform to conform to international best practice is imperative. It is recommended that policy makers should strive to ensure that the South African legal framework pertaining to the financial market is sufficiently aligned with the principles, methodologies and recommendations as provided for by the international institutions providing best practice. The highlighted areas of legislative reform include the legal frameworks pertaining to credit rating agencies, investor due diligence, ix crisis management tools, compensation structures, accounting and valuations standards, issuer transparency, market transparency and risk management. This dissertation highlights that a significant amount of legislative amendments and endorsements by the relevant regulators and the Master of the Court are required for the successful integration of the Participant Failure Manual into the legal framework pertaining to the financial market. If, when and how the notion of Participant Failure will be accepted and regulated by the relevant regulators, without creating a conflict of interest, remains a question to be answered.
- Full Text:
- Date Issued: 2011
- Authors: Swart, Lynette
- Date: 2011
- Subjects: Financial institutions -- Law and legislation -- South Africa , Finance, Public -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10216 , http://hdl.handle.net/10948/1425 , Financial institutions -- Law and legislation -- South Africa , Finance, Public -- Law and legislation -- South Africa
- Description: A sound financial system is the cornerstone of any country‘s economy. As South Africa has always been deemed to have a sound legal framework pertaining to the financial market, it has never faced the situation where it had to extensively review its entire legal framework. However, the recent global economic meltdown left policy makers, internationally, questioning the soundness of their financial systems and South Africa has been no exception. This dissertation provides an overview of the legal framework pertaining to selected segments of the financial market. This legal framework is then tested against certain selected issues highlighted by the global economic meltdown in order to establish whether it was and still is sufficiently robust to effectively negotiate these challenges. In order to deal with the selected segments of the legal framework pertaining to the financial market as comprehensively as possible, the selected segments for the purposes of this dissertation include the capital market, the money market and the derivative market. This dissertation also evaluates the impact of other recent domestic developments pertaining to securities settlement in South Africa. These developments include the recently promulgated Companies Act 71 of 2008 and the currently drafted Participant Failure Manual. This dissertation suggests that the Companies Act 71 of 2008 will have a significant impact on securities settlement. It is recommended that companies, holders of uncertificated securities and holders of beneficial interests in uncertificated securities familiarise themselves with their revised rights and obligations in order to, amongst other things, ensure compliance with this new legislative framework. This dissertation reveals that, even though our financial system has been found to be fundamentally sound and thus far have dealt with the global economic meltdown quite well, legislative reform to conform to international best practice is imperative. It is recommended that policy makers should strive to ensure that the South African legal framework pertaining to the financial market is sufficiently aligned with the principles, methodologies and recommendations as provided for by the international institutions providing best practice. The highlighted areas of legislative reform include the legal frameworks pertaining to credit rating agencies, investor due diligence, ix crisis management tools, compensation structures, accounting and valuations standards, issuer transparency, market transparency and risk management. This dissertation highlights that a significant amount of legislative amendments and endorsements by the relevant regulators and the Master of the Court are required for the successful integration of the Participant Failure Manual into the legal framework pertaining to the financial market. If, when and how the notion of Participant Failure will be accepted and regulated by the relevant regulators, without creating a conflict of interest, remains a question to be answered.
- Full Text:
- Date Issued: 2011
The obligation of non-discrimination under the General Agreement on Trade in Services (GATS) and the agreement on Trade-related aspects of Intellectual Property Rights (TRIPS): a developmental perspective
- Authors: Bidie, Simphiwe Sincere
- Date: 2011
- Subjects: Food -- Relief -- Law -- Legislation , Food supply -- Law and legislation , Foreign trade regulation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11113 , http://hdl.handle.net/10353/338 , Food -- Relief -- Law -- Legislation , Food supply -- Law and legislation , Foreign trade regulation
- Description: The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.
- Full Text:
- Date Issued: 2011
- Authors: Bidie, Simphiwe Sincere
- Date: 2011
- Subjects: Food -- Relief -- Law -- Legislation , Food supply -- Law and legislation , Foreign trade regulation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11113 , http://hdl.handle.net/10353/338 , Food -- Relief -- Law -- Legislation , Food supply -- Law and legislation , Foreign trade regulation
- Description: The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.
- Full Text:
- Date Issued: 2011
The prevalence and consequences of workplace bullying in South Africa
- Authors: Momberg, Markus Albertus
- Date: 2011
- Subjects: Bullying in the workplace -- South Africa -- Prevention , Harrasment -- South Africa , Organizational behavior -- South Africa , Interpersonal relations -- South Africa , Labour laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10211 , http://hdl.handle.net/10948/1572 , Bullying in the workplace -- South Africa -- Prevention , Harrasment -- South Africa , Organizational behavior -- South Africa , Interpersonal relations -- South Africa , Labour laws and legislation -- South Africa
- Description: A study is made of the ever-growing worldwide social pandemic of workplace bullying. We define workplace bullying in terms of its characteristics and distinguish it from unfair discrimination in the form of harassment. A survey is presented of its occurrence worldwide and how it manifests as an organisational conflict, both as hierarchical and horizontal abuse. This is analysed in terms of a social science perspective. We consider grievance reporting as an indication of trends in workplace bullying and discuss the limitations of such reporting. We review the consequent effects of such limitations on the health of workers and workplace efficiency and note the shortcomings of existing labour law in dealing with this inadequacy. Our findings are summarised, with recommendations for resolving this conflict situation.
- Full Text:
- Date Issued: 2011
- Authors: Momberg, Markus Albertus
- Date: 2011
- Subjects: Bullying in the workplace -- South Africa -- Prevention , Harrasment -- South Africa , Organizational behavior -- South Africa , Interpersonal relations -- South Africa , Labour laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10211 , http://hdl.handle.net/10948/1572 , Bullying in the workplace -- South Africa -- Prevention , Harrasment -- South Africa , Organizational behavior -- South Africa , Interpersonal relations -- South Africa , Labour laws and legislation -- South Africa
- Description: A study is made of the ever-growing worldwide social pandemic of workplace bullying. We define workplace bullying in terms of its characteristics and distinguish it from unfair discrimination in the form of harassment. A survey is presented of its occurrence worldwide and how it manifests as an organisational conflict, both as hierarchical and horizontal abuse. This is analysed in terms of a social science perspective. We consider grievance reporting as an indication of trends in workplace bullying and discuss the limitations of such reporting. We review the consequent effects of such limitations on the health of workers and workplace efficiency and note the shortcomings of existing labour law in dealing with this inadequacy. Our findings are summarised, with recommendations for resolving this conflict situation.
- Full Text:
- Date Issued: 2011
Vicarious libality for sexual harassment at work
- Authors: Muzuva, Arthurnatious
- Date: 2011
- Subjects: Sexual harassment -- Law and legislation -- South Africa , Sex discrimination in employment -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10233 , http://hdl.handle.net/10948/d1011386 , Sexual harassment -- Law and legislation -- South Africa , Sex discrimination in employment -- Law and legislation -- South Africa
- Description: Sexual harassment has been in existence for a long time in the workplace without any attempt to understand, define and effectively combat this rather undesirable and serious form of misconduct. Until fairly recently, the growing problem of sexual harassment and its damaging effect have been given much attention by legal authorities and society at large. The effect of sexual harassment is that it embarrasses or humiliates the victim. The victim may also suffer from trauma which, in turn, affects his/her performance at work. Numerous definitions have been provided on what constitutes sexual harassment. Sexual harassment takes place when a women‟s sexual role overshadows her work role in the eyes of the male, whether it be a supervisor, co-worker, client or customer. In other words, her gender receives more attention than her work. Sexual harassment is also seen as unwanted conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace.1 The Bill of Rights in the Constitution2 entrenches the rights of everyone. Worth mentioning are the “right to equality”, “the right to dignity”, “the right to privacy” and “the right to fair labour practices”. Furthermore, section 6(3) of the Employment Equity Act3 states that “harassment is a form of unfair discrimination” which is prohibited in terms of section 6(1) of the same Act. Section 60 of the Employment Equity Act deals with statutory vicarious liability where the employer is held liable for his acts and/or omission to take measures to against sexual harassment or a failure to put a grievance procedure in place. Where such an employer has done what is reasonably necessary to prevent and to address sexual harassment, he/she will escape liability for the misconduct of the employee. This section also provides for mechanisms that an employer may employ to minimise liability where harassment has taken place. In addition to statutory vicarious liability is the common law vicarious liability, where the employer is vicariously liable for the delict of the employee. This form of liability is also referred to as “no-fault liability”. The employer will be held liable where the following requirements for vicarious liability in common law are met: firstly, there must be an “employer-employee relationship”, secondly, a “delict must be committed” and thirdly, the “employee must have been acting in the scope or course of employment when the delict was committed”. Liability can also be directly imputed on the employer. In this instance, it has to be proven that “the employer committed an act or omission; the act or omission was unlawful; the act or omission was culpable, intentional or negligent, and a third party suffered harm; either patrimonial damage or injury to personality; and the act or omission caused that harm”.
- Full Text:
- Date Issued: 2011
- Authors: Muzuva, Arthurnatious
- Date: 2011
- Subjects: Sexual harassment -- Law and legislation -- South Africa , Sex discrimination in employment -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10233 , http://hdl.handle.net/10948/d1011386 , Sexual harassment -- Law and legislation -- South Africa , Sex discrimination in employment -- Law and legislation -- South Africa
- Description: Sexual harassment has been in existence for a long time in the workplace without any attempt to understand, define and effectively combat this rather undesirable and serious form of misconduct. Until fairly recently, the growing problem of sexual harassment and its damaging effect have been given much attention by legal authorities and society at large. The effect of sexual harassment is that it embarrasses or humiliates the victim. The victim may also suffer from trauma which, in turn, affects his/her performance at work. Numerous definitions have been provided on what constitutes sexual harassment. Sexual harassment takes place when a women‟s sexual role overshadows her work role in the eyes of the male, whether it be a supervisor, co-worker, client or customer. In other words, her gender receives more attention than her work. Sexual harassment is also seen as unwanted conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace.1 The Bill of Rights in the Constitution2 entrenches the rights of everyone. Worth mentioning are the “right to equality”, “the right to dignity”, “the right to privacy” and “the right to fair labour practices”. Furthermore, section 6(3) of the Employment Equity Act3 states that “harassment is a form of unfair discrimination” which is prohibited in terms of section 6(1) of the same Act. Section 60 of the Employment Equity Act deals with statutory vicarious liability where the employer is held liable for his acts and/or omission to take measures to against sexual harassment or a failure to put a grievance procedure in place. Where such an employer has done what is reasonably necessary to prevent and to address sexual harassment, he/she will escape liability for the misconduct of the employee. This section also provides for mechanisms that an employer may employ to minimise liability where harassment has taken place. In addition to statutory vicarious liability is the common law vicarious liability, where the employer is vicariously liable for the delict of the employee. This form of liability is also referred to as “no-fault liability”. The employer will be held liable where the following requirements for vicarious liability in common law are met: firstly, there must be an “employer-employee relationship”, secondly, a “delict must be committed” and thirdly, the “employee must have been acting in the scope or course of employment when the delict was committed”. Liability can also be directly imputed on the employer. In this instance, it has to be proven that “the employer committed an act or omission; the act or omission was unlawful; the act or omission was culpable, intentional or negligent, and a third party suffered harm; either patrimonial damage or injury to personality; and the act or omission caused that harm”.
- Full Text:
- Date Issued: 2011
Administrative Law: LEA 222 & 222 E
- Authors: Wanda, B , Stewart, S
- Date: 2011-01
- Subjects: Administrative law
- Language: English
- Type: Examination paper
- Identifier: vital:17374 , http://hdl.handle.net/10353/d1009832
- Description: Administrative Law: LEA 222 & 222E, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
- Authors: Wanda, B , Stewart, S
- Date: 2011-01
- Subjects: Administrative law
- Language: English
- Type: Examination paper
- Identifier: vital:17374 , http://hdl.handle.net/10353/d1009832
- Description: Administrative Law: LEA 222 & 222E, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
Commercial Law 2: LCM 221
- Authors: Stewart, S T , Lubisi, N
- Date: 2011-01
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17373 , http://hdl.handle.net/10353/d1009831
- Description: Commercial Law 2: LCM 221, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
- Authors: Stewart, S T , Lubisi, N
- Date: 2011-01
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17373 , http://hdl.handle.net/10353/d1009831
- Description: Commercial Law 2: LCM 221, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
Commercial Law: LCM 121
- Authors: Mnonopi, P , Lubisi, N
- Date: 2011-01
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17372 , http://hdl.handle.net/10353/d1009829
- Description: Commercial Law: LCM 121, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
- Authors: Mnonopi, P , Lubisi, N
- Date: 2011-01
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17372 , http://hdl.handle.net/10353/d1009829
- Description: Commercial Law: LCM 121, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
Social Security Law: LES 422E
- Lubisi, N, Zondeki, T, Mireku, O
- Authors: Lubisi, N , Zondeki, T , Mireku, O
- Date: 2011-01
- Subjects: Social security law
- Language: English
- Type: Examination paper
- Identifier: vital:17375 , http://hdl.handle.net/10353/d1009834
- Description: Social Security Law: LES 422E, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
- Authors: Lubisi, N , Zondeki, T , Mireku, O
- Date: 2011-01
- Subjects: Social security law
- Language: English
- Type: Examination paper
- Identifier: vital:17375 , http://hdl.handle.net/10353/d1009834
- Description: Social Security Law: LES 422E, January Supplementary Paper 2011
- Full Text: false
- Date Issued: 2011-01
Commercial Law 2: LCM 221
- Authors: Stewart, S T , Lubisi, N
- Date: 2010-10
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17401 , http://hdl.handle.net/10353/d1009875
- Description: Commercial Law 2: LCM 221, October/November Examination Paper 2010
- Full Text: false
- Date Issued: 2010-10
- Authors: Stewart, S T , Lubisi, N
- Date: 2010-10
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17401 , http://hdl.handle.net/10353/d1009875
- Description: Commercial Law 2: LCM 221, October/November Examination Paper 2010
- Full Text: false
- Date Issued: 2010-10
Commercial Law: LCM 121
- Authors: Mnonopi, P , Lubisi, N
- Date: 2010-10
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17400 , http://hdl.handle.net/10353/d1009874
- Description: Commercial Law: LCM 121, October/November Examination Paper 2010
- Full Text: false
- Date Issued: 2010-10
- Authors: Mnonopi, P , Lubisi, N
- Date: 2010-10
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17400 , http://hdl.handle.net/10353/d1009874
- Description: Commercial Law: LCM 121, October/November Examination Paper 2010
- Full Text: false
- Date Issued: 2010-10
International legal protection of women's reproductive rights: a comparative analysis of abortion laws and policies in four jurisdictions-Nigeria, Ghana, South Africa and U.S.A.
- Authors: Abiodun, Adeleke Funminiyi
- Date: 2010-10
- Subjects: Abortion -- Law and legislation , Reproductive right
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/25839 , vital:64491
- Description: The subject matter of abortion law is extremely broad and multi-disciplinary. While naturally having its basis in criminal and constitutional law of individual states, the global development of abortion discourse has been influenced by the need to protect the reproductive rights of women as a sub-set of international human rights laws; thereby advocating not only the decriminalisation of abortion but also, that individual State should take affirmative actions in promoting abortion as a right for every woman. However, that induced abortion is a punishable criminal act or a “protectable” woman’s reproductive right remains controversial due to the plethora of perspectives, beliefs and reservations held by different groups of people which are multi-dimensional and contradictory. This thesis therefore attempts a comparative study of abortion laws and policies in four jurisdictions: Nigeria and Ghana, operating criminalised abortion laws, South Africa and United States which operate liberalised/permissive abortion laws and policies. The study basically examines the legal status and reproductive rights of women to legal and safe abortion within the existing legal framework of national laws of the four selected jurisdictions vis-à-vis the legal protection offered by various international instruments on human rights. While we show that strict and restrictive abortion laws, and also, failure of States to create conditions for safe abortion constitute infractions of the reproductive rights of women, we submit further that over-liberalisation of abortion laws and policies could also amount to infringement of the basic rights of other people, thus there is need to ensure a legal and acceptable balance. The study finally acknowledges the role of international human rights laws in the protection of women’s right to legal and safe abortion but asserts that there can be no universally acceptable morality to which the whole world could subsume in term of women’s right to abortion due to the interplay of socio-cultural, religious, and moral affiliations of the people in different communities. , Thesis (LLD) -- Faculty of Law, 2010
- Full Text:
- Date Issued: 2010-10
- Authors: Abiodun, Adeleke Funminiyi
- Date: 2010-10
- Subjects: Abortion -- Law and legislation , Reproductive right
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/25839 , vital:64491
- Description: The subject matter of abortion law is extremely broad and multi-disciplinary. While naturally having its basis in criminal and constitutional law of individual states, the global development of abortion discourse has been influenced by the need to protect the reproductive rights of women as a sub-set of international human rights laws; thereby advocating not only the decriminalisation of abortion but also, that individual State should take affirmative actions in promoting abortion as a right for every woman. However, that induced abortion is a punishable criminal act or a “protectable” woman’s reproductive right remains controversial due to the plethora of perspectives, beliefs and reservations held by different groups of people which are multi-dimensional and contradictory. This thesis therefore attempts a comparative study of abortion laws and policies in four jurisdictions: Nigeria and Ghana, operating criminalised abortion laws, South Africa and United States which operate liberalised/permissive abortion laws and policies. The study basically examines the legal status and reproductive rights of women to legal and safe abortion within the existing legal framework of national laws of the four selected jurisdictions vis-à-vis the legal protection offered by various international instruments on human rights. While we show that strict and restrictive abortion laws, and also, failure of States to create conditions for safe abortion constitute infractions of the reproductive rights of women, we submit further that over-liberalisation of abortion laws and policies could also amount to infringement of the basic rights of other people, thus there is need to ensure a legal and acceptable balance. The study finally acknowledges the role of international human rights laws in the protection of women’s right to legal and safe abortion but asserts that there can be no universally acceptable morality to which the whole world could subsume in term of women’s right to abortion due to the interplay of socio-cultural, religious, and moral affiliations of the people in different communities. , Thesis (LLD) -- Faculty of Law, 2010
- Full Text:
- Date Issued: 2010-10
Commercial Law 2A: ACL 211E & LCM 211
- Authors: Lubisi, N , Mnonopi, P
- Date: 2010-07
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17378 , http://hdl.handle.net/10353/d1009839
- Description: Commercial Law 2A : ACL 211E & LCM 211, July/August Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-07
- Authors: Lubisi, N , Mnonopi, P
- Date: 2010-07
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17378 , http://hdl.handle.net/10353/d1009839
- Description: Commercial Law 2A : ACL 211E & LCM 211, July/August Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-07
Constitutional Law: LEC 212 & 212E
- Wanda, B P, Stewart, S T, Maseti, M, Lubisi-Nkoane, N
- Authors: Wanda, B P , Stewart, S T , Maseti, M , Lubisi-Nkoane, N
- Date: 2010-07
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17379 , http://hdl.handle.net/10353/d1009842
- Description: Constitutional Law: LEC 212 & 212E, July/August Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-07
- Authors: Wanda, B P , Stewart, S T , Maseti, M , Lubisi-Nkoane, N
- Date: 2010-07
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17379 , http://hdl.handle.net/10353/d1009842
- Description: Constitutional Law: LEC 212 & 212E, July/August Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-07
Legal Profession: LLL 412E
- Authors: Mbutuma, V , Anderson, A
- Date: 2010-07
- Subjects: Legal profession
- Language: English
- Type: Examination paper
- Identifier: vital:17356 , http://hdl.handle.net/10353/d1009510
- Description: Legal Profession: LLL 412E, July/August Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-07
- Authors: Mbutuma, V , Anderson, A
- Date: 2010-07
- Subjects: Legal profession
- Language: English
- Type: Examination paper
- Identifier: vital:17356 , http://hdl.handle.net/10353/d1009510
- Description: Legal Profession: LLL 412E, July/August Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-07
Constitutional Law: COL 101E
- Authors: Lubisi, N , Ngaba, M
- Date: 2010-06
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17355 , http://hdl.handle.net/10353/d1009508
- Description: Constitutional Law: COL 101E, June Examination Paper 2010
- Full Text: false
- Date Issued: 2010-06
- Authors: Lubisi, N , Ngaba, M
- Date: 2010-06
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17355 , http://hdl.handle.net/10353/d1009508
- Description: Constitutional Law: COL 101E, June Examination Paper 2010
- Full Text: false
- Date Issued: 2010-06
Constitutional Law: LEC 212 & 212E
- Authors: Wanda, B P , Stewart, M P
- Date: 2010-06
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17381 , http://hdl.handle.net/10353/d1009845
- Description: Constitutional Law: LEC 212 & 212E, June Examination Paper 2010
- Full Text: false
- Date Issued: 2010-06
- Authors: Wanda, B P , Stewart, M P
- Date: 2010-06
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17381 , http://hdl.handle.net/10353/d1009845
- Description: Constitutional Law: LEC 212 & 212E, June Examination Paper 2010
- Full Text: false
- Date Issued: 2010-06
Human Rights Law: LFH 422 & 422E
- Authors: Rembe, N S , Marais, D J
- Date: 2010-02
- Subjects: Human rights law
- Language: English
- Type: Examination paper
- Identifier: vital:17358 , http://hdl.handle.net/10353/d1009809
- Description: Human Rights Law: LFH 422 & 422E, February Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-02
- Authors: Rembe, N S , Marais, D J
- Date: 2010-02
- Subjects: Human rights law
- Language: English
- Type: Examination paper
- Identifier: vital:17358 , http://hdl.handle.net/10353/d1009809
- Description: Human Rights Law: LFH 422 & 422E, February Supplementary Paper 2010
- Full Text: false
- Date Issued: 2010-02
Accountability of child soldiers in conflict situations in Sub Saharan Africa
- Authors: Fritzen, Johannes
- Date: 2010
- Subjects: Child soldiers -- Africa , Children and war -- Africa, Sub-Saharan , Children -- Africa, Sub-Saharan , Conflict management -- Africa, Sub-Saharan , Children's rights -- Africa, Sub-Saharan
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10277 , http://hdl.handle.net/10948/1561 , Child soldiers -- Africa , Children and war -- Africa, Sub-Saharan , Children -- Africa, Sub-Saharan , Conflict management -- Africa, Sub-Saharan , Children's rights -- Africa, Sub-Saharan
- Description: Throughout the world, but especially in the African continent, international, cross-border and national conflicts are ongoing. In the majority of these conflicts child soldiers are involved in various ways. Judicial problems concerning the prosecution of commanders and leaders of armed groups, irrespective of governmental or not are being solved. Thus, underlying concern is left to the issue of accountability of child soldiers. International, Regional and National protection measures provide for certain judicial standards dealing with children under the age of eighteen. In order to fully understand the difficulties arising from the existence of universal binding measurement dealing with the accountability of child soldiers, one has to be aware of the international, regional and national legislative frameworks. In Sub Saharan Africa, especially in Rwanda, Uganda and the Democratic Republic of Congo, governments face various difficulties, such as the implantation process of international protection measures and ongoing conflicts, making it very difficult to examine the status of accountability measures for child soldiers. States have different minimum ages for accountability for child soldiers. Only a process of international co-operation between governments and non state actors can attempt to deal with the accountability of child soldiers. Not only deterrent, but rather restitution approaches and reintegration programmes should be followed in order to bring justice and achieve results in peace processes.
- Full Text:
- Date Issued: 2010
- Authors: Fritzen, Johannes
- Date: 2010
- Subjects: Child soldiers -- Africa , Children and war -- Africa, Sub-Saharan , Children -- Africa, Sub-Saharan , Conflict management -- Africa, Sub-Saharan , Children's rights -- Africa, Sub-Saharan
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10277 , http://hdl.handle.net/10948/1561 , Child soldiers -- Africa , Children and war -- Africa, Sub-Saharan , Children -- Africa, Sub-Saharan , Conflict management -- Africa, Sub-Saharan , Children's rights -- Africa, Sub-Saharan
- Description: Throughout the world, but especially in the African continent, international, cross-border and national conflicts are ongoing. In the majority of these conflicts child soldiers are involved in various ways. Judicial problems concerning the prosecution of commanders and leaders of armed groups, irrespective of governmental or not are being solved. Thus, underlying concern is left to the issue of accountability of child soldiers. International, Regional and National protection measures provide for certain judicial standards dealing with children under the age of eighteen. In order to fully understand the difficulties arising from the existence of universal binding measurement dealing with the accountability of child soldiers, one has to be aware of the international, regional and national legislative frameworks. In Sub Saharan Africa, especially in Rwanda, Uganda and the Democratic Republic of Congo, governments face various difficulties, such as the implantation process of international protection measures and ongoing conflicts, making it very difficult to examine the status of accountability measures for child soldiers. States have different minimum ages for accountability for child soldiers. Only a process of international co-operation between governments and non state actors can attempt to deal with the accountability of child soldiers. Not only deterrent, but rather restitution approaches and reintegration programmes should be followed in order to bring justice and achieve results in peace processes.
- Full Text:
- Date Issued: 2010
An evaluation of the Child Justice Act
- Authors: McGregor, Melissa
- Date: 2010
- Subjects: Children -- Legal status, laws, etc -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10175 , http://hdl.handle.net/10948/1278 , Children -- Legal status, laws, etc -- South Africa
- Description: “No civilized society, regards children as accountable for their actions to the same extent as adults”.1 In the absence of a justice system applicable exclusively to children in conflict with the law in South Africa, children are subjected to the same rigours of the criminal law applicable to adults in South Africa. “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.2 As a signatory to the United Nations Convention on the Rights of the Child, South Africa has a duty to ensure that the children in conflict with the law are treated in a manner that gives effect to the protectionary ideals espoused in the Convention. In July 2000, the South African Law Commission [Project 106] released the Child Justice Bill3, together with its Report on Juvenile Justice. Because the child justice system at present is not governed by legislation, uncertainty and inconsistency are constant dangers. We need legislation to ensure that all children in conflict with the law are dealt with consistently, fairly and appropriately. The question that needs to be answered in this treatise, is whether the Child Justice Act 75 of 2008, which comes into effect on 01 April 2010, is a legislative framework that incorporates due process rights together with the rights of children who is alleged to have committed an offence, to be protected and treated in a manner appropriate to their age.
- Full Text:
- Date Issued: 2010
- Authors: McGregor, Melissa
- Date: 2010
- Subjects: Children -- Legal status, laws, etc -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10175 , http://hdl.handle.net/10948/1278 , Children -- Legal status, laws, etc -- South Africa
- Description: “No civilized society, regards children as accountable for their actions to the same extent as adults”.1 In the absence of a justice system applicable exclusively to children in conflict with the law in South Africa, children are subjected to the same rigours of the criminal law applicable to adults in South Africa. “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.2 As a signatory to the United Nations Convention on the Rights of the Child, South Africa has a duty to ensure that the children in conflict with the law are treated in a manner that gives effect to the protectionary ideals espoused in the Convention. In July 2000, the South African Law Commission [Project 106] released the Child Justice Bill3, together with its Report on Juvenile Justice. Because the child justice system at present is not governed by legislation, uncertainty and inconsistency are constant dangers. We need legislation to ensure that all children in conflict with the law are dealt with consistently, fairly and appropriately. The question that needs to be answered in this treatise, is whether the Child Justice Act 75 of 2008, which comes into effect on 01 April 2010, is a legislative framework that incorporates due process rights together with the rights of children who is alleged to have committed an offence, to be protected and treated in a manner appropriate to their age.
- Full Text:
- Date Issued: 2010