Mini Dissertation (LLM)--University of Pretoria, 2015. / Public Law / LLM / Unrestricted

The purpose of this Mini-Dissertation is to determine whether or not a data subject in South Africa can rely on the Right to be Forgotten (RTBF) as is illustrated in the case of Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González (Google SL).1 This involves, inter alia, a critical analysis of the European Law as well as the provisions of the Protection of Personal Information Act (POPI).2 The Mini-Dissertation is structured as follows: Chapter 1: Introduction: Introduction, purpose and overview of the Mini-Dissertation. Chapter 2: An Overview of the European Law: An analysis of the relevant legislation and case-law of the European Union as well as its application to the RTBF. Chapter 3: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González: A detailed analysis of Judgment in Google SL as well as commentary and criticism to the RTBF. Chapter 4: The Right to be Forgotten in South Africa: A detailed analysis of the law pertaining to the protection of personal information in South Africa and the applicability of the RTBF in South Africa. This entails an investigation of the provisions of POPI as well as South African commentary to the RTBF. Chapter 5: Conclusion and recommendations. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Mercantile Law / LLM / Unrestricted

In this dissertation, I identify the tension between the s25 right to property and s26 right to access to adequate housing. This tension is a result of the historical narrative of the Republic of South Africa where forced evictions were a weapon in the arsenal of Apartheid and the common law right of property was practised in a discriminatory manner. With the advent of a constitutional dispensation four sources of law were created. The Constitution of the Republic of South Africa, 1996 as the supreme law of the nation, from which all other laws derive their legitimacy; legislation enacted by parliament; common law and to a limited extent indigenous law. Further, how the Constitutional Court deals with the different sources of law in eviction cases has an impact on the outcome of the case. The subsidiarity methodology entails that when deciding a given matter one first looks to the legislation enacted to give effect to a right in the Bill of Rights; if the matter is not adequately covered by legislation, the courts consider the common law and only if the constitutional validity of the legislation is attacked does one make direct resort to a right in the Bill of Rights. I argue that the subsidiarity methodology is the most appropriate tool to assist the courts in dealing with the various sources of law from analysing CC eviction cases from 2007 to 2015. The implications of this dissertation are the that constitutional adjudication needs to develop the subsidiarity methodology further and that academic commentary should do same. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Public Law / LLM / Unrestricted

Mini Dissertation (LLM)--University of Pretoria, 2015. / Private Law / LLM / Unrestricted

In this dissertation, the impact of section 22 of the Consumer Protection Act, 68 of 2008 on the drafting of contracts in South Africa is investigated. It was shown that there has been a great shift internationally to the drafting of consumer documents in plain language. Some jurisdictions even have statutory guidelines for drafting in plain language. The benefits of drafting in plain language were also mentioned. The South African plain language drafting situation is quite unique, with the question of what the characteristics of an ordinary consumer are, posing to be the most important question in determining specific plain language guidelines for South African consumers. It was found that there are potentially more than one type of ordinary consumer , depending on the type of commercial transaction being entered into. Although no statutory plain language drafting guidelines have been published in South Africa, it was suggested that our common law rules of interpretation are a valuable starting point when looking for guidelines for better drafting. This dissertation concludes that two sets of guidelines be developed for at least two levels of commercial transactions. Firstly, the international guidelines of Kimble should be incorporated into our law for consumer contracts relating to more complex consumer transactions. Secondly, another set of guidelines relating to the use of illustrations, examples, headings or other aids to reading and understanding, as envisioned by the CPA, should be developed for use in everyday consumer contracts where the typical consumer is illiterate or falls into the so called vulnerable consumer category. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Private Law / LLM / Unrestricted

This mini-dissertation deals with the contribution of Joseph and others v City of Johannesburg and others 2010 (4) SA 55 (CC), hereafter referred to as Joseph, to the development of procedural fairness in the Republic of South Africa. Section 33 of the Constitution of the Republic of South Africa, 1996, provides for fair administrative action and has also been given content and meaning by the promulgation of the Promotion of Administrative Justice Act 3 of 2000, hereafter referred to as PAJA. Section 3(1) of PAJA requires procedural fairness whenever administrative action materially and adversely affects a right or legitimate expectation of any person. In this dissertation I explore what is meant by procedural fairness. I do so by explaining the importance of procedural fairness in the South African legal system and its application. I examine the Joseph case by focusing mainly on the facts, court decision and also on the reasoning behind the decision. I examine the content of procedural fairness and its application as the main rules that were raised in Joseph and investigate how they have developed procedural fairness. I also examine the right of individuals to be given adequate notice and to be afforded the opportunity to make representations with respect to decisions that materially and adversely affect their rights. I further deal with the sections of the Electricity By-law which were declared unconstitutional and whether the Debt and Credit Control By-laws can be read consistently with PAJA. I analyse the duty imposed on the Municipality by the decision of the court and examine the success of Joseph s case and other relevant cases in the further development of procedural fairness in South African administrative law. I conclude by summarising on the new jurisprudence that the court has established. Finally, I consider the future of procedural fairness after Joseph. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Public Law / LLM / Unrestricted

In recent years, the Sino-Tanzania relationship has strengthened especially in the fields of trade and investment. The potential for Sino-Tanzania investment cooperation is great and yet, dependency on Chinese investment leads to the decline of local industries which in turn leads to the loss of jobs, the availability of low quality goods and environmental degradation among other things. The researcher assessed whether Tanzania s regulatory framework governing investment promotes the realization of socio-economic rights. The terms local industries, businesses or domestic investors are used interchangeably to represent all businesses operated in Tanzania by Tanzanian nationals. The overarching purpose of this research is to contribute in broadening the discourse on China in Tanzania, through the analysis of the investment regulatory framework and its impact on exercising human rights in Tanzania. The study therefore provides valuable insight into how the gaps identified in the investment regulatory framework have implications on socio-economic rights. The author argues that Chinese investment brings both opportunities and challenges to Tanzania s community in general and to its local industries in particular. But, in order for Tanzania to benefit from the Sino-Tanzanian investment framework, the law has to bridge in the gap that hinders the realisation of socio-economic rights. From the analysis herein the researcher infers that the laws and government institutions are not sufficient and efficient enough to address the gaps currently present in the investment regulatory framework. This in turn affects the gradual realisation of socio-economic rights for both local investors and the community at large. In policy and law, the government of Tanzania is rights-based and oriented towards the growth of local industries. In practice however, the government s capacity to ensure the promotion of socio-economic rights using the law governing foreign direct investment is questionable. The researcher therefore proposes that other multidisciplinary approaches can assist in protecting and promoting socio-economic rights given the presence of Chinese investors in Tanzania. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Centre for Human Rights / LLM / Unrestricted

Mini Dissertation (LLM)--University of Pretoria, 2015. / Centre for Human Rights / LLM / Unrestricted

The new Companies Act 71 of 2008 came into effect on 1 May 2011 repealing the Companies Act of 1973. The 2008 Companies Act retained provisions relating to the winding-up of insolvent companies, in particular Chapter 14. It is submitted that even though the 1973 Companies Act has been repealed and only Chapter 14 has been retained for the winding-up of insolvent companies, Chapter 14 cannot be applied in isolation without considering the provisions relating to the winding-up of insolvent companies that fall outside the ambit of Chapter 14 of the 1973 Companies Act. This research proposes a unification of provisions relating the winding-up of both solvent and insolvent companies in a single piece of legislation. Chapter 1 introduces the dissertation. Chapter 2 consists of a brief overview of the development of corporate law in South Africa. Chapter 3 will focus on a descriptive and comparative approach illustrating between single and dual systems, specifically those in between the USA and England, as well as discuss the advantages and disadvantages of the systems. Chapter 4 contains a discussion on the relationship between the 1973 and 2008 Companies Acts in view of their respective liquidation proceedings of insolvent companies. Chapter 5 consists of an analysis of the Draft Bill Proposals in context of a unified bill and corporate legislation. Lastly, Chapter 6 will draw conclusions. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Mercantile Law / LLM / Unrestricted

Being a credit active consumer in South Africa requires a lot of responsibility. Credit providers offer loans to debtors and often employ unjust methods in an attempt to recover the outstanding debt. The mechanism applicable in this research, which credit providers use to recover the debt, is in fact the emoluments attachment order. It is my finding that legislation needs to be amended to abolish the abuse in the sense that: - The order must be obtained in a court where the debtor resides or works. - The court should have a discretion to grant the emoluments attachment order. It will make provision for judicial oversight and that the order be queried at the application stage of such an order, and not only once the order has already been granted. - A cap should be placed upon the amount deductible, which will ensure that the number of emoluments attachment orders against the debtor s salary is appropriate to the extent that the debtor will still have sufficient means to maintain himself and the dependants. The implication of these amendments would ensure that the abuse of the process of emoluments attachment orders are abolished. It is also important to note that debtors still need to act in a responsible manner. These amendments would also ensure that creditors are protected to the extent that they follow the correct procedures in order to collect the debt owed to them. It is my submission that amendments by the legislature is the only way to ensure that the abuse is curbed and to establish a balance between the rights of the creditor and the rights of the debtor. / Mini Dissertation (LLM)--University of Pretoria, 2015. / Procedural Law / LLM / Unrestricted