M.Comm. / Millions of people around the world watch motor racing on television, and millions of people journey to race circuits to experience personally the excitement and glamour [Howard, 1992: 81]. The ear-splitting noise, the smell of the fuel, the gleaming cars and the drivers - modem-day knights in armour, who do battle at unbelievable speeds. And behind every driver are sponsors, managers, engineers, mechanics and a whole team of professionals. Since cars were invented more than a century ago, men have felt an impulse to race them, while manufacturers have used the sport to prove the superiority of their vehicles.

LL.D. / The purpose and main thrust of this thesis are to consider the nature, aim(s), operation and extent of restitutio in integrum as a remedy where consensus is obtained improperly, where iustus error is successfully raised and where a contract is cancelled as a result of breach of contract. A historical analysis indicates that restitutio in integrum in Roman law is shrouded in uncertainty. Restitutio in integrum was an extraordinary and equitable remedy aimed both at nullification of a valid transaction and the reciprocal restoration of performance rendered. It was granted by the praetor in cases of negotia stricti iuris where no other remedy was available to the aggrieved party, inter alia where metus or dolus led to the conclusion of a contract. Complete reciprocal restoration was the aim and a requirement of the remedy. In cases of negotia bonne fidei, the remedies which were available in respect of specific contracts, dealt with the situation. As the distinction between negotia bonne fidei and stricti iuris faded, the need for an extraordinary remedy lapsed. There is, indeed, a possibility that restitutio in integrum no longer functioned as a separate remedy in the Justinian codification. One would not have expected restitutio in integrum to be available as a separate and extraordinary remedy in the Roman Dutch law of contract due to the fact that the principles underlying the negotia bone fidei won the thy after the reception of the Roman law in Europe. Such availability in that system can be attributed to the fusion which took place between the Roman concept of restitutio in integrum and the indigenous concept of "relief". It can be argued that the Roman Dutch remedy of restitutio in integrum arose from the obligations which the dictates of the bona fides imposed on the parties, whilst considerations underpinning enrichment liability were also raised. Restitutio in integrum was, however, still viewed as an equitable remedy and constituted a single remedy with the double aim of nullification and reciprocal restoration. Unlike Roman Dutch law, modern South African law distinguishes between rescission and restitution. This makes it possible to consider separate bases for rescission and restitution. It is submitted that the competence to rescind a contract in the case of improperly obtained consensus arises from the dictates of the bona fides which the law imposes on parties in the antecedent negotiation and performance of contracts. Problems in respect of rescission must be viewed against the background of rescission as a contractual remedy governed by the dictates of good faith. Subsequent to rescission, no causa retinendi exists in respect of the performance (or its value) which is to be restored and an enrichment remedy is at hand. As far as restitution as a component of restitutio in integrum is concerned, it demonstrates all the characteristics attributed to a developed enrichment action and it can be viewed as such pending the development of a general enrichment action. Restitutio in integrum was not applied in our common law in the instances of mistake and the cancellation of contracts by virtue of breach of contract. Our courts probably referred to restitutio in integrum in those circumstances as a result of the paucity of other authority offered by our common law sources. It is argued that the reliance theory underpins the iustus error doctrine. In the case of iustus error no consensus exists and no reasonable reliance is created by the other party which deserves protection. As no contract exists, performance which has been rendered can be recovered with an enrichment remedy. The "technical concept" of restitutio in integrum also has no role to play in the case of breach of contract. It is submitted that the competence to cancel a contract by virtue of breach of contract also arises from the dictates of good faith. Subsequent to cancellation, no causa retinendi exists in respect of the performance (or its value) which is to be restored and the reciprocal duties to restore are enrichment based. The conclusion is reached that the general principles of our law of obligations have developed and evolved sufficiently to enable us to do without an extraordinary remedy such as restitutio in integrum. The adoption of the suggestions made will place the South African law on a modern basis comparable to the approaches existing in related legal systems which are also reviewed.

LL.M. (Law of Contract) / The parol evidence rule encompasses those rules that regulate the admissibility of extrinsic evidence. The parol evidence rule only comes into play when the court has to interpret a written contract and one of the parties argue that the contract or any specific clause does not reflect the common intention between the parties. The court will then follow a two prong approach in interpreting the contract. The court will firstly utilise the rules of interpretation, including the common law principles regarding presumptions. If this does not clarify the disputed clauses of the contract, the court will then rule on whether extrinsic evidence is permissible and consider such extrinsic evidence in an attempt to determine the common intention of the parties. The rules applicable to the admissibility of extrinsic evidence in the South African law of contract developed from a strict formalistic approach as applied in the Delmas Milling v Du Plessis case to an approach where any extrinsic evidence may be admitted, as long as it is admissible in terms of the rules of evidence and it falls within the category of what Harms DP stated in the KPMG Chartered Accountants (SA) v Securefin Ltd case as “context” or “factual matrix”. The KPMG Chartered Accountants (SA) v Securefin Ltd case finally brought the law applicable to the parol evidence rule in the South African law of contract on par with its American and English counterparts.

M.B.A. / Please refer to full text to view abstract

D.Phil. / Authors and researchers from disciplines studying the relationship between social processes and spatial patterns agree that the characteristics of society, specifically the divisions within society, are mirrored in the residential structure of the city. The transformation of the former into discernible patterns of residential differentiation is effected by four mechanisms. These are residential mobility, the housing market, institutions and socio-spatial engineering, i.e. the manipulation of social and spatial structures by those in power to achieve certain social and political-ideological goals. The purpose of this study is firstly, to analyse the functioning of the mechanisms which shape the residential structure and secondly, to describe the divisions in society, i.e. , the socio-political basis of the South African metropolis, against the backdrop of its spatial implications on the residential structure. Thirdly, to describe the characteristics of the structure in terms of its spatial patterns and distinctive characteristics and lastly, to construct an explanatory model of the structure...

M.Com. (Economics) / The objective of this study, as stated in the hypothesis, was to study the role played by the South African long-term insurance industry in the market for loanable funds. The collectivization of personal savings by the long-term insurance industry and the growth of the industry since the Second World War are factors of great importance for economic growth in South Africa. The high priority given to employment, the specific characteristics of the country's natural resources, the infrastructural requirements and the socio-economic policy of the country make it essential to give every incentive to capital formation and to use such capital as may be available in the most economic manner ...

M.Com. (Business Management) / Please refer to full text to view abstract

M.Com. / Please refer to full text to view abstract

M.Com. (Economics) / Tourism is generally regarded as the world's largest and fastest growing industry. As such it is a major employer and earner of foreign exchange and in many countries constitutes a significant component of the national economy. Although tourism can play an important role in promoting economic growth and development, its potential is determined by factors such as the existence of unique tourist attractions, the presence of natural resources, general economic conditions and political stability. The primary goal of this study has been to determine to what extent co-operation agreements between Southern African countries can contribute to the promotion of tourism to the region. The main approach of the study was to carry out a literature survey of the activities, . programmes and objectives of the institutions and organisations responsible for the promotion of tourism inSouthern Africa. For the purposes of this study, the Southern African region is regarded as consisting of Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. The study also considers the tourism potential of the area in terms of physical; economic and infrastructural criteria. The study has found that the Southern African region has outstanding tourism potential, based on its physical features. Each country in the region offers a variety of unique and divergent tourist attractions which can be regarded as complementary to each other. As a result the tourism potential of the region can contribute to continued economic development and growth. The study has however, found that a number of factors are limiting the optimal development of the tourism industry. These include: a lack of close co-operation between states, inadequate safety and security, insufficient economic growth and development and an infrastructure which does not support the optimal development of tourism in the region. The study recommends that all countries in the region should engage more closely with each other to develop marketing programmes aimed at exploiting the unique features of the region. To optimise the role of the tourism industry, it is recommended that both the public and private sectors, together with the community, should share the responsibility for its development. Tourism is essentially a community activity and all residents and organisations should be involved in its development promotion. In the light of the inadequate transport infrastructure which exists to promote tourism it is recommended that regional links be upgraded to allow member countries to connect with the comprehensive transport network in South Africa. This will contribute to regional co-operation and, since transport reaches across national boundaries, promote the optimal application of transport services within a much wider area. The study clearly indicates that, in the light of the newclimate of co-operation inthe Southern African region since the early 1990's, the role of South Africa within the context of co-operation agreements be clarified. The entire region can take advantage of South Africa's technical know-how and comprehensive transport infrastructure by maintaining closer relationships with South Africa. It is however, necessary to ensure that co-operation agreements incorporate the necessary safeguards to ensure that South Africa does not dominate its partners.

M. Comm. / The aim of the study is to estimate the demand function for housing in South Africa (for the period 1989 to 1998). It is important to study the housing demand as housing demand contributes positively towards economic growth and economic stability. The main findings in chapter five show that all the estimated parameters have a significant role on the demand for housing loans in South Africa, as approved by multiple regression results. However, real interest rates have a more significant impact on the demand for home loans. The study therefore asserts that the real interest rates must be as low as possible as a way of stimulating housing demand, thus providing investment and in turn there will be an increase in economic growth. The study further and finally asserts that taxation must be decreased, as a way of stimulating disposable income thus there will be an increase in investment spending.