In this study, I evaluate the powers of the Public Protector, in light of the controversies that have been caused by the release of reports recently and in the past, with a selected number of reports being brought to the fore. I proceed from the premise that there has not always been agreement regarding the legal effect of the remedial actions taken by the institution. In order to highlight the issues, I discuss past controversies, which have often created attention from various sectors of society, from the media, politicians, lawyers as well as the rest of the citizenry. I will therefore discuss the broader implications of the so-called EFF judgment in light of past and current issues, which have been or are presently the cause of disagreement. In chapter 1 of this study, broader issues are discussed and the aims of the study are set out. Chapter 2 discusses constitutional and statutory provisions regulating the office of the Public Protector (“hereinafter the Public Protector”). My primary focus is on the Constitution of the Republic of South Africa, 1996 and the Public Protector Act, with a brief discussion of other relevant pieces of legislation. Chapter 3 discusses different controversies, which have existed in the past, as well as the legal position before the ruling in the EFF judgment. A build-up of cases mainly involving the South African Broadcasting Corporation (SABC) have been brought before the High Court and the Supreme Court of Appeal for adjudication, with the two respective courts adopting two different approaches on the issue of the legal effect of the Public Protector’s remedial actions. There was thus a need for clarity on the matter, as continued lack of clarity would have led to lack of compliance with the recommendations of the institution being perpetuated. Chapter 4 takes a critical look at the facts and decision of the court in the EFF judgment. Issues that remain unclear even after the ruling in the EFF judgment are discussed in chapter 5. This chapter highlights the fact that, even after the ruling in the EFF judgment, there are still matters which are unclear and therefore require definitive rulings by the courts, for the sake of legal certainty. I conclude the discussion in chapter 6. / Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

No abstract / Mini Dissertation (LLM)--University of Pretoria, 2017. / Private Law / LLM / Unrestricted

The former finance minister stated in his budget speech in 2016 that sugar tax would come into force in South Africa from 1 April 2017. The treasury's reason for implementing sugar taxation is to reduce the health problems caused by sugar. It is nothing new to use fiscal measures to recover both taxes and to prevent health problems but it was not yet possible to reach a definite conclusion about the impact of sugar tax on the consumption of sugary drinks and the prevalence of obesity. The reason for this is that there is evidence that the implementation of food tax in different countries has shown different results in terms of public health issues and tax benefits. In South Africa, the implementation of sugar tax can either reduce the prevalence of obesity and thereby have a positive effect on the economy or its implementation may adversely affect the economy. If treasury does not implement sugar tax the economy can also be adversely affected by the prevalence of obesity. This dissertation deals with the effects of non-communicable diseases and sugar tax on the South African economy. The focus is on how sugar tax is being implemented internationally and how South Africa intends to implement sugar tax. / Die voormalige minister van finansies het in sy begrotingstoespraak in 2016 vermeld dat suikerbelasting vanaf 1 April 2017 in Suid-Afrika in werking gaan tree. Die tesourie se rede vir die implementering van suikerbelasting is om, in samewerking met die Departement van Gesondheid, die gesondheidsprobleme wat deur suiker veroorsaak word te verminder. Dit is niks nuuts om fiskale maatstawwe te gebruik om beide belasting in te vorder en gesondheidsprobleme te voorkom nie, maar dit was nog nie moontlik om tot ’n definitiewe gevolgtrekking te kom oor die impak van suikerbelasting op die verbruik van suikerversoete drankies en die voorkoms van vetsug nie. Die rede hiervoor is dat daar bewyse is dat die implementering van voedselbelasting in verskillende lande verskillende resultate getoon het in terme van openbare gesondheidskwessies en belastingvoordele. In Suid-Afrika kan die implementering van suikerbelasting óf die voorkoms van vetsug verminder en sodoende die ekonomie bevoordeel óf die implementering daarvan kan die ekonomie negatief beïnvloed. Indien die tesourie nie suikerbelasting implementeer nie kan die ekonomie as gevolg van die voorkoms van vetsug negatief beïnvloed word. Die kern van hierdie skripsie handel oor die gevolge van nieoordraagbare siektes en suikerbelasting op die Suid-Afrikaanse ekonomie. Daar word spesifiek gefokus op hoe suikerbelasting internasionaal geïmplementeer word en hoe Suid-Afrika beoog om suikerbelasting te implementeer. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Mercantile Law / LLM / Unrestricted

No abstract / Mini Dissertation (LLM)--University of Pretoria, 2017. / Private Law / LLM / Unrestricted

Current issues concerning socio-economic challenges faced by the majority of South Africans are attributed to the former apartheid regime and its inequality policies between black and white citizens. Salient to the Convention for a Democratic South Africa talks was the centralisation of the negotiations on the political transition from the old apartheid regime to a democratic dispensation at the expense of socio-economic discussions. It is for this reason that this research study examined the historical background leading up to the Convention for a Democratic South Africa talks and the impact of the former liberation movements in the attainment of peace and stability in South Africa. The research study also examines socio-economic rights from the South African perspective and further analyse how these rights ought to be fulfilled and enforced by the courts. Further examination is on the transitional justice system towards the constitutional reforms and also on the failure by the prosecuting authorities to prosecute the perpetrators of apartheid atrocities. Comparatively, this research study focus on Zimbabwe’s political climate leading up to the 2008 elections and ultimately how the transitional phase negotiations overlooked the socio-economic rights. Towards the end, this research study focused on the proposed peace framework which must include the socio-economic rights towards a new transitional period. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

This dissertation aims to explore the role of the courts in crafting jurisprudence and remedy in order to catalyse change in the lives of children in the care and protection system or children at risk of entry into it. In order to conduct this analysis, four child protection cases will be analysed, namely, Centre for Child Law and Others v MEC of Education, Gauteng and Other; Centre for Child Law v Minister of Social Development (North Gauteng High Court); C and Others v Department of Health and Social Development 2012); and S v M (Centre for Child Law as Amicus Curiae). The first two of these deal with children in alternative care, the third with automatic review of removals of children and the fourth with separation of children from their parents. Be it through building onto the body of knowledge on child law or granting redress through innovative means, the role of the court in the matters analysed provides a clear picture of what kinds of changes can be made in such matters and how children’s lives can be improved as a result. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Private Law / LLM / Unrestricted

thesis investigates the question of private competition damages actions arising from contraventions of the South African Competition Act 89 of 1998. The South African Competition Act has been actively and successfully enforced for almost 15 years. Great success has been achieved by the Competition Commission in uncovering cartel conduct and prosecuting contraventions of the Competition Act. The successful prosecution of contraventions of the Competition Act has resulted in contravening firms being ordered to pay millions of Rand in administrative penalties. Despite the success achieved by the competition authorities in uncovering contraventions and prosecuting contravening firms and gains for the fiscus in administrative penalties, the real victims of the anti-competitive conduct have to date failed to recover any compensation for the loss and damage caused by contraventions of the Competition Act. Section 65 of the Competition Act expressly acknowledges the right of persons who have suffered loss or damage as a result of a prohibited practice to recover private damages in the civil courts. However, the Act is silent on the way in which parties are to institute these actions. In addition, a survey of South African law shows that the South African law of damages remains untested when called upon to assess and quantify complex private competition damages. This thesis endeavours to contextualise the damages action referred to in section 65 of the Competition Act in order to provide clarity on the nature of the action and how a claimant may recover private damages arising from contraventions of the Competition Act. More developed foreign jurisdictions such as the European Union and United States are investigated in order to shed light on how private damages are dealt with in those jurisdictions, and how salient aspects of these damages regimes might assist with the development of South Africa’s approach to private competition damages actions. From this investigation, it appears that private damages actions arising from a contravention of the Competition Act should be recognised as a civil delictual action. Given the powers of discovery within the South African civil procedure, together with the duty of claimants to provide, and the courts’ quest to be provided with all relevant information, including expert evidence and opinion, it is submitted that no significant adjustments to South African law are required for the successful prosecution of private competition damages actions. However, the quantification of private damages continues to present challenges that have to be overcome - albeit that these challenges are not novel to competition law. In order to address the complexities of quantifying competition damages, the use of various economic models that may assist litigants and courts in assessing and estimating the extent of damage caused by a contravention of the Competition Act, are suggested and discussed. It is evident that the South African civil courts allow the leading of expert evidence to assist with the assessment and quantification of damages; however, the retention of the South African judiciary’s discretion to assess damages on the available evidence in the most beneficial and appropriate way remains a fundamental feature of civil damages assessment in South Africa. Existing structures within South African law are investigated, along with the procedural framework that serve as important building-blocks for the development of a successful culture of private competition damages actions and the development of a coincidental ancillary deterrent against contraventions of the Competition in the form of private damages actions. The fundamental requirements already exist within South African law for the enforcement and development of private competition damages actions in terms of section 65 of the Competition Act. These include liberal discovery procedures, favourable provisions pertaining to legal practitioners entering into contingency fee arrangements, and most recently, the acceptance and recognition of class actions for civil damages claims. In order to facilitate a claimant’s access to information and documents necessary for the proper formulation of a private competition damages action, recommendations are made to facilitate easy access to information germane to the bringing about and quantification of private damages actions. This will give further credence to the creation of effective structures for the administration of the provisions of the Competition Act, and facilitate, promote, and strengthen a further disincentive against contraventions of the Act in the form of private damages actions. It is recommended that a costs limitation be imposed on parties litigating for private damages arising from contraventions of section 65 of the Competition Act. Each party should be liable for its own costs, thereby achieving a balance between preventing frivolous and opportunistic litigation and facilitating, promoting and advancing the launching of private competition damages actions by the public. The public are in turn safe-guarded by the fact that large corporations cannot utilise the litigation costs and costs exposure as a tactic to discourage litigation. / Thesis (LLD)--University of Pretoria, 2016. / Private Law / LLD / Unrestricted

Obesity is a prevalent social matter in modern day society which open doors for discrimination in the workplace. South African employers should be aware of the possible risks and consequences they face when dealing with obesity in the workplace. Obesity is therefore a topic that will become a pressing issue in the South African workplaces soon and it is important to take note of international developments in this regard. The Court of Justice of the European Union found on 19 December 2014 that morbid obesity may in certain instances be considered a disability under the European Union Equal treatment in Employment Directive if an employee is prevented from full participation in employment due to the employee’s weight. With relatively new anti- discrimination laws in South Africa, the law has not developed to such an extent as to give clarity with regards to discrimination on the grounds of obesity as an arbitrary ground for unfair dismissal. The legal position with regards to inherent requirements of a job and whether obesity may be deemed to be a disability in South Africa must be investigated to decide what role employers should play and employers should deal with the occurrence of obesity in the workplace. In this dissertation, International standards, the current discrimination laws in South Africa and abroad will be investigated with the aim to establish guidelines for employers when obesity becomes a concern in the workplace. / Mini Dissertation (LLM)--University of Pretoria, 2018. / Mercantile Law / LLM / Unrestricted

No abstract / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

No abstract / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted