Includes bibliographical references. / Current South African legislation allows the use of temporary employment services ("labour brokers" in common parlance). Labour broking involves a triangular employment relationship between client, labour broker and worker. In terms of this arrangement the labour broker would employ a worker and supply him/her to a client, who then supervises and controls the worker. Even though the client supervises and controls the worker, the labour broker would remain the employer and be responsible for paying the worker. In South Africa, the use of labour brokers has increased exponentially, because it provides employers with an opportunity to circumvent the onerous provisions of constitutional, international and statutory law that seek to protect workers. In 2010, the Parliamentary Portfolio Committee on Labour identified a number of bad and abusive practices being perpetrated against labour broker employees and recommended that the Department of Labour review all labour legislation. In July 2009 the Department of Labour had in fact already submitted its recommendations for statutory amendments to the NEDLAC for discussion. Although it can be ascertained with relative certainty that South Africa's labour legislation will be amended, it is still not clear what form the amendments will take on. Whilst the ANC prefers a regulatory solution, COSATU maintains its call for a complete ban of labour broking. The thesis firstly determines why the bad and abusive practices are occurring and identifies a number of areas of insufficient or ineffective regulation (referred to as "loopholes" in common parlance) that allow the abuse of labour broker employees. Secondly, the thesis examines the debate around either prohibition or regulation being the most suitable option for curbing the bad and abusive practices. Thirdly, the thesis explores the DOL's recommendations and foreign examples of regulation. Finally, the thesis critiques the DOL's recommendations and suggests ways in which they could be amended or supplemented to effectively close the loopholes in current regulation and provide practical legal solutions for the protection of labour broker employees in South Africa, whilst maintaining a balance between labour broker employees' need for protection and employers' need for labour market flexibility.

In the modern world, company groups have become a commercial reality. With increasing regulatory and compliance requirements for different industries, larger companies are often more optimally managed in a group structure. The individual companies within a group structure still operate in the economic interest of the group as a whole. Despite this reality, company law has strictly upheld the separate legal personality of individual companies within a group. As a result of this separate legal personality, the holding company of the group cannot be held liable for its subsidiaries obligations. This creates room for abuse, especially since the holding company is able to control which obligations may be incurred by the subsidiaries in the first instance. This paper will discuss some of the abuses and possible unintended consequences of extending separate legal personality and limited liability to companies operating within a group. The author will seek to evaluate the common law remedy for piercing the corporate veil as a possible remedy against these abuses. The statutory remedy for piercing the corporate veil under section 20(9) of the Companies Act will similarly be evaluated. The research will conclude that these remedies do not consider the unique policy and economic realities of company groups and therefore are not adequate to address the abuse which may occur in company groups.

This paper considers the role accorded to, and importance of, the public interest objectives of the South African Competition Act[1] (the Act). The aim of this paper is not to critique these objectives or to consider what role these objectives have played in South African competition jurisprudence in the eleven years since the enactment of the Act, but to accept such objectives and specifically consider what effect has been given to them in the other provisions of the Competition Act that expressly deal with the public interest, [2] and to argue that the competition authorities should not be too eager to diminish the importance of these sections, but that the public interest should play an important role in the competition law of South Africa and other developing nations, and as such, that the South African competition authorities should recognise this.

Includes bibliographical references. / This study examines the way in which the South African judiciary approaches the interpretation of fiscal legislation. It refers back to the use of the literal/textual approach (traditional approach), its shortcomings and the modification of such approach if it leads to absurdity. It also explores the purposive and contextual approaches to the interpretation of fiscal statutes. It then ana- lyses whether the advent of the Constitution (The Constitution of the Republic of South Africa of 1996) has brought a paradigm shift from the strict literal approach to the purposive approach. The conclusion reached is that the Constitution has been a catalyst for change from the literal/textual approach to a purpo- sive approach. However, the conclusion does not shy away from showing that, in practice; there is a continued practical applica- tion of the literal/textual approach by South African courts.

The purpose of this dissertation is thus to evaluate the extent to which the existing legal and regulatory instruments in South Africa have effectively regulated director’s remuneration as a means of ensuring that those in control are accountable to the owners and do not remunerate themselves excessively with the owners’ money. The research will embark on a comparative analysis with international jurisdictions being Australia and the United Kingdom with the objective of determining how these countries have regulated executive director remuneration and the lessons that South Africa can learn from them. Lastly, the research will provide recommendations on how the existing framework s can be improved to ensure adequate and effective regulation of executive director remuneration.

The financial sector in general is a difficult industry to regulate, as there is a need to balance the competing interests of the various stakeholders. Tampering with the cornerstone of the capitalist system naturally arouses diverging views and is often the subject of many debates as is evidenced by the debates surrounding the National Credit Act ('NCA'). Nonetheless, its regulation can be a weapon to fight against poverty and inequality as evidenced by the purposes of the NCA. The object of this research is to analyse the law on debt review, focusing on the credit provider's right contained in s 86(10) of the NCA to terminate the debt review process.

Includes bibliographical references. / With the objects of facilitating the creation of business combinations, promoting flexibility and enhancing efficiency in the South African economy the legislature liberalised fundamental transaction policy under the Companies Act 71 of 2008 ('the Act'). Two of the leading reforms were: limiting the court's involvement in the approval of fundamental transactions to specified circumstances, and the introduction of the innovative American concept of amalgamations and mergers ('M&A').

The role of the independent director is not clearly defined in most legislation around the globe. Hence, a company, through its Articles of Association or Memorandum of Incorporation, may attach any role it wishes the director to carry out. Most companies seem to entrust the independent director with three roles, which are the monitoring of managerial activities, strategy development, and ensuring that the company complies with the various companies' legislation. However, Dixion et al assert that, the independent director has largely emerged, amongst other factors, due to the need to monitor managerial activities.

This dissertation assesses the impact of the narrow interpretation and application of the oppression remedy in the South African Companies Act 71 of 2008, s 163 on the inclusion of stakeholders and compares it with the Canadian experience. It reviews the historical development of the oppression remedy in South Africa and focuses on how the interpretation and application of s 163 continues to exclude various stakeholders in the locus standi of the remedy. The comparative exposition of the interpretation and application of the South African and Canadian oppression remedy provided in this dissertation brings out fundamental differences between the two, highlights the need to extend the South African interpretation to include various stakeholders and elaborates on the benefits of a broader approach to the remedy. By outlining the impact and benefits of the inclusion of various stakeholders in the remedy as opposed to their exclusion, the study advocates for a broadened and inclusive interpretation of s 163 by the courts to create a platform for various stakeholders to seek relief through the remedy. Furthermore, to minimize ambiguity in application of the remedy, the dissertation proposes a modification of the interpretation and application of s 163 to explicitly include all stakeholders in the description of oppression remedy building on the Canadian experience through judicial transplantation.

Includes bibliographical references.