Mining is a capital intensive economic activity that is invasive to the environment and requires skilled labour. As a result of potentially significant changes to the immediate area, communities in close proximity to the mining operations are often some of the most affected stakeholders. Accordingly, the Mineral and Petroleum Resources Development Act 28 of 2002 requires companies to consult with communities when applying for mining rights. The Xolobeni Mineral Sands Project is a proposed mining project located in Xolobeni in the Eastern Cape in South Africa. The project is proposed by Mineral Commodities (MRC). MRC has partnered with a local company called Transworld Energy and Minerals Resources. On 14 July 2008 the Director-General of the DME granted a mining right to TEM despite on-going community resistance to the proposed mining project. The AmaDiba Crisis Committee was subsequently established by villagers of Xolobeni to confront the development of the mining project. Indications are that the community would prefer eco-tourism to be established in the area, in lieu of mining activities. The legal regime in South Africa only requires a mining company to consult with affected communities before a mining right can be granted. The respective mining right can be granted despite apparent opposition to the operations by communities. Conversely, communities in Argentina and Peru have been able to successfully fend off proposed mining projects from taking place. Communities in Peru were able to successfully oppose the Tambogrande mining project from proceeding. The proposed project would have destroyed the agricultural economy that had been around in the area for decades. The Esquel Gold Project in Argentina is another project that was not developed due to community reservations regarding the way mining would affect the tourism industry in the area. Accordingly, this research aims to examine the role of community consent in mitigating or aggravating unrest at mine sites in South Africa. The findings suggest that certain lacunae exist in the current South African legislative regime, which in turn frustrates the relationship between mining operations and neighbouring communities. As such, certain recommendations are suggested which may assist in rectifying these oversights. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

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

Direction: The Act 71 of 2008 introduced a business rescue procedure which provided for the rescue of financially distressed companies. This procedure replaced the then statutory procedure of judicial management introduced by The Act 46 of 1926. The business rescue proceedings kick in with the general moratorium or stay on legal proceedings against the company or its property. This has a consequence that any claims against the company may only be enforced with the consent of the business rescue practitioner or the leave of the court. Research purpose: The research analyses the effect of the moratorium on the rights of claimants, the consequences of such a moratorium and the extend of the rights of those affected. The moratorium has the effect that companies are given temporary “immunity” to actions brought by creditors which would have been due and actionable. The process may be abused by companies who are not in distress but merely institute business rescue proceedings to stall payments of its debts and to evade its obligations towards its stakeholders. The purpose of the research is to highlight rights that may be affected and possible protection of those rights. Motivation for the research: To investigate the research question: ‘whether the avenues put in place by the chapter 6 business rescue proceedings can ensure that all stakeholders benefit and therefore remedy possible misuse?’ Research approach and method: The study will include a minimal comparison of processes of other insolvency laws, for example judicial management; liquidation and common law. The study will also compare other international countries such as the United Kingdom (“UK”) to provide clarity on how the administrator and business rescue practitioner’s roles may affect the rights of creditors, as well as the extent of their powers and possible abuse of the process considering those powers granted by legislation. Main findings: Based on the research done, it is clear that the business rescue process is quite a litigious process and requires a lot of finance to effectively implement. The rescue itself is based on financial distress but the process of rescuing is a financial burden to the already distressed companies. Furthermore, the Business Rescue Practitioner is given discretionary powers in respect of the drafting of a plan which will ultimately affect stakeholder, whether they vote or not. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Mercantile Law / LLM / Unrestricted

No abstract / Mini Dissertation (LLM)--University of Pretoria, 2018. / Public Law / LLM / Unrestricted

Namibia has since gaining independence managed to build a strong mining industry and a solid regulatory framework to govern it. Namibia is a founding member of the Southern African Development Community. As such it has ratified the SADC Treaty and also acceded to the SADC Protocol on mining. The aforementioned instruments lay a foundation for the harmonization landscape within the SADC mining sector. This study will argue that Namibian government has not created an enabling minerals’ investment environment. The country has not put in place appropriate and effective policies and strategies for purpose of attracting, absorbing and sustaining substantial inflow of FDI into the Namibian economy as result of the pursuance of the outlined harmonization initiatives. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

The fundamental consumer rights granted to consumers by consumer legislation would be without meaning if no avenues of redress were available to enforce them. In this implementation process it happens that there tend to be an unbalanced effect when one can compare consumer rights with these of service providers and credit providers when dealing with enforcement clauses in consumer contracts. By comparing these rights one may conclude that there is a disproportionate shift of rights to the consumer to the detriment of service providers and credit providers in South Africa. This might have the effect that the South African economy is jeopardized and employment affected. This leads to the realisation that the South African cornerstone of law of contract namely pactum sunt servanda is facing difficulty in the new era of consumer legislation and consumer behavior, yet that it remains important to ensure a sense of security and safety between contracting parties. / Mini Dissertation (LLM)--University of Pretoria, 2018. / Private Law / LLM / Unrestricted

The 2008 Global Financial Crisis has revealed the importance of maintaining financial stability. A big threat to the maintenance of financial stability is however bank failure. Especially if a bank is systemically important due to its size and interconnectedness it may propagate contagion and bank runs and trigger the collapse of a whole financial system. It is therefore pertinent that the issue of bank failures be addressed, preferably by extending assistance to such a failing bank where appropriate. In South Africa bank rescue is currently facilitated in terms of section 69 of the Banks Act 94 of 1990 that provides for the Minister of Finance, on recommendation by the Registrar of Banks, to appoint a curator for a bank that is unable to pay its debts as they become due. The process of curatorship is however deficient when it comes to dealing with banks that are failing but of which some part may be rescued. This deficiency was revealed during the rescue of African bank when some innovative amendments had to be effected urgently to the Banks Act by means of the Banks Amendment Act 3 of 2015. This dissertation explores the concept of curatorship and how the curatorship process and powers of the curator was changed as a result of the problems posed by the collapse of African Bank. It looks into the restructuring of the bank and also discusses the complimentary process of the investigation into the affairs of a failing bank as set out in section 69A of the Banks Act. The dissertation further looks into international developments in the context of the prevention and mitigation of bank failures. Spesific regard is had to the Financial Stability Board's Key Attributes of Effective Resolution Regimes for Financial Institutions, pointing out that the rescue of African Bank actually comprised of bank resolution rather than curatorship in the strict sense. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Mercantile Law / LLM / Unrestricted

No abstract / Mini Dissertation (LLM)--University of Pretoria, 2018. / Private Law / LLM / Unrestricted

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

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