In almost all countries worldwide the telecommunication sector was characterized by state owned monopolies, and supplying telecommunication services was understood as a public duty. In the eighties of the last century, most countries began to liberalize their telecommunication market and try to open it up for competition. The establishment of competition in a former monopolized sector can be only successful by taking specific network related features into account. This thesis deals with the establishment of competition in the telecommunication market taking into account the so-called "essential facilities doctrine". This doctrine was developed from the U.S.American anti-trust law and is a helpful instrument to ensure access, under specific circumstances, by new competitors to facilities which are controlled by a market dominating operator.

Includes bibliographical references / South Africa has seen many developments in both the areas of corporate law and tax legislation. The legislation in question has developed from an apartheid or pre-democratic era to that of the current democratic South Africa, in which individuals have the freedom to become entrepreneurs, and have the opportunity to start up small to medium and larger enterprises, in order to firstly make a profit but also to ensure that they enjoy the benefits which the separate legal personality of Corporate Structures are entitled to. The focus of the research was to carefully study Corporate Structures created by directors and other entities and to show how these personalities make use of various arrangements to reduce tax liability, both by lawful and unlawful methods. In addition to this, the research involved a close analysis a of how a Corporate Structure is formed, from the date of incorporation of the entity, to the rights, and duties of the entity, the rights and duties of the role-players such as directors and shareholders, who control the entity and make the necessary decisions relating to the entity. The thesis focuses on the tests used by the courts to examine the true commercial substance of Corporate Structures and the arrangements put in place by these entities or individuals mentioned above. The above approach was applied by analysing the principle of Piercing the Corporate Veil both at common law and statutory level, the principles of Substance over Form, General Anti-Avoidance provisions and the Tax Administration Act 28 of 2011 provisions, in light of the Anti-Avoidance provisions. It is trite law that taxpayers are allowed to arrange their affairs or commercial activities in a manner in which they may gain a tax advantage provided they do so, within the ambit of the law. The effect of the taxpayer having such freedoms is that many of the contracting parties or taxpayers abuse the legislative provisions and enter into transactions and commercial activities which circumvent the legal provisions. The framework of the analysis was to look at the Companies Act 71 of 2008, Income Tax 58 of 1962 and the Tax Administration Act 28 of 2011 Acts respectively. The result of the research has shown that the tests put forward by the courts assist in ensuring that the principle of separate legal personality is upheld, taxpayers such as entities are free to arrange their affairs in a manner that allows a certain tax advantage provided it is within the ambit of the law. The study has shown that the doctrine of separate legal personality is upheld within our current legal system. There are many tax and legal benefits to natural persons establishing an entity; however these benefits should not lead to abuse by entities. Lastly, the courts will carefully scrutinise the commercial substance of a transaction and test whether the parties to the transaction have acted in accordance with the true principles of the transactions, the conclusion herein is therefore that the law should not interpret the modern commercial world with a closed minded approach and legislate strictly, without considering all the circumstances of a matter in light of the necessary law and policy considerations and in so doing, rather adopt a modern commercial minded approach. As a growing South African economy, entities should be permitted to arrange their commercial transactions and affairs in the best possible way to obtain a legal tax benefit and make profits which will ultimately ensure that we have a sustainable economy and strong Corporate Structures in place, in order to be placed in a stronger position in terms of an African perspective and compete more competitively at an International level.

Arbitration as a process of dispute resolution has been pivotal in addressing a lot of business needs to have the dispute resolved within a short period and with less inconveniences to their business. The principle of confidentiality gives impetus to the process. The skill of the arbitrators and the general party autonomy has made the process and awards to be fully complied. Despite the monumental progress made in the field of arbitration as a means of dispute settlement, the process has been beset by reversal which is inherent in the Arbitration Act itself thereby whittling down the advantages ascribed to the process. To this end, the study therefore highlights the historical development of arbitration in Zambia. The process of arbitration and its role in enhancing access to justice will also be examined. The advantages and how the same have been weakened by the Arbitration Act, other legislations and indeed the interpretive impositions by the court will be investigated. Among other provisions which fly in the teeth of the entire process is its usually unqualified attachment to the court system without cognisance of the aspiration of the entire process of arbitration. To redress these weaknesses in the Act and the rules which guide the arbitration process, this study will spur reforms so as to bring the law into conformity with the expectations of the end users.

'J. Michael Finger once portrayed the anti-dumping regime as a "witches' brew of the worst of policy making: power politics, bad economics, and shameful public administration.'' The thesis looks at the role of competition in anti-dumping investigations. With the growth in the initiation of anti-dumping investigations, there is concern that the limitations in the anti-dumping regulation open the system up to abuse. Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 describes dumping as the act of selling goods in an export market at a lower price than the country of origin. This act is comparable to that of price discrimination or predation in competition law. However, the imprecise definition of key terms in anti-dumping law such as 'normal value', and 'material injury' permits industries to take advantage of these loopholes to gain protection from foreign competitors. This challenge has been reflected in the South African poultry industry where anti-dumping measures have been used as a way of protecting the market. This is reflected in the comment from ITAC who stated that it was important to 'give consideration to a country being able to produce a strategic protein source but at affordable prices… [And] A balance between the viability of domestic producers of a strategic industry with the affordability of food for the lower income group is critical for food security.' Recommendations have been put forward to deal with the limitations in the anti-dumping regulation with some calling for the removal of the anti-dumping legislation to be replaced with an international competition network. However the political nature of anti-dumping suggests that the best way to safeguard competition in dumping investigations is to incorporate competition principles in anti-dumping regulation. These include redefining key terms which are ambiguous, as well as increased cooperation between the trade and competition regulators to ensure the promotion of trade and competition.

Includes bibliographical references (leaves 73-78). / Social security is an expression of social solidarity and an attempt to curb the ills of exclusion and poverty. The welfare state was premised on this very ideal of social solidarity. As a result of the changed and changing times, the welfare state which has now come to be known as social security is under siege by several forces unique to individual states. For this reason, social security is an area of rich diversity and the challenges facing social security are not homogenous. Whereas for rich and industrialized countries social security is very meaningful, for most of Sub Saharan Africa it is an abstract and relatively novel concept. The Universal Declaration for the Rights of man, to which every country should aspire and to which most, if not all, constitutions are modeled provides for the right to social security. Whereas the declaration implies that social security is an inalienable right, the definition of social security or 'western notion of social security' adopted by most countries with a semblance of social security eliminates the vast majority of people namely; those in the informal sector, the poor and those in the rural areas. Studies of social security advance the theory-that the conventional definition of social security is not adequate for the African continent because formal social security schemes were introduced in Africa during the colonial era as a response to the social security needs of expatriate white workers. In Uganda, formal social security caters for less than 20 per cent of the population leaving the rest to harness any other means possible to maintain subsistence and a level of sanity. The needs envisaged by traditional formal social security are not the needs an ordinary Ugandan today faces. As a result of this disparity, there has been and there continues to be out cries to reform a system that government has been reluctant to change much because of the multi-faceted and overwhelming social demands. The cliché that 'a drowning man clutches at a straw' could not be put better: Africans do not give up; we simply make the most of what we have.

No description available.

No description available.

No description available.

Abstract Not Provided. / Thesis / Bachelor of Arts (BA)

The rise of Cyberspace/the internet has opened a new source for legal issues. Beside issues of contract, tort, free speech, fundamental rights, privacy and anonymity, crime and security, intellectual property, governance and regulation, procedural issues are of predominant interest. This is because procedural law is the "last link" the chain in the exercise of state power. It follows that location-oriented, territory-oriented and sovereignty-oriented aspects play an important role in procedural provisions. Especially those aspects, however, seem to be most challenged by Cyberspace because of a new phenomenon: delocalisation.