The National Credit Act aggressively addresses problems in the South African credit market. The purpose of the NCA is to promote socio-economic and ethical values that will serve to protect consumers, through the application and enforcement of various laws. The research was conducted in the Durban area. Literature was surveyed with the aim to determine the views of Durban consumers concerning the National Credit Act. The study adopted an exploratory and quantitative research method using a survey (questionnaire) as its main data-collection instrument. This was administered via email. The sampling technique used is a non-probability sampling with a target population comprising of natural persons in the Durban area, who have been affected by credit. Data were analysed using the SPSS statistical package, which was appropriate for this research since its nature was quantitative rather than qualitative. Significance and correlations were the basis of the data analysis in this research and cross-tabulations were used in order to enable presentation of results. Only the variables that were relevant to the research questions were used for further analysis after the significance tests were done. The findings on the research reflected that most of the respondents had higher education degrees, which indicated that the research covered well-educated people; most respondents were satisfied with the way the NCA was explained when it was introduced, although the research highlighted a need for further consumer awareness of the Act to eliminate major default. Some recommendations that include the further research on the same topic with a larger sample were made. It is concluded that it is necessary to make improvements on the Act. / MBA. University of KwaZulu-Natal, Durban 2013.

Thesis (LLM (Law))--University of Stellenbosch, 2004. / 139 leaves printed on single pages, preliminary pages i-ix and numbered pages 1-130. Includes bibliography. / Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner. / ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act (RHA). The problem for the courts is knowing when to apply each act. To reach the goal embodied in the constitutional right of adequate housing for all, the government has invested R18 billion in housing since 1994. Despite this, the need for housing has escalated. The RHA, in which the legislature tried to create a balance between the rights of landlords and tenants, followed. This was done in order to alleviate some of the pressure to ensure access to land, which rests solely on the shoulders of the government. The legislature tried to create a sphere into which private investors would want to invest their money. A number of recent cases dealing with tenants who defaulted on their rentals and the landlord's capacity to effect eviction raised awareness about the existing inadequacies of the law in this particular field. In a Supreme Court of Appeal ruling, the court found that when a landlord wants to evict a defaulting tenant the time-consuming and costly procedure of PIE should be used. The assumption underlying this study is that PIE should not be applicable in cases of evicting a defaulting tenant. The rights and duties of the various parties involved in rental housing therefore need to be examined. The main aim is, however, to ascertain which procedure should be employed when obtaining an eviction order against a party holding over and what the effects are when the most appropriate eviction procedure is not used. A well-regulated relationship would ensure the best balance of interest for the landlord, tenant and the government by creating a market in which a landlord could make money out of letting and more tenants could obtain adequate housing through renting. A further assumption is that the rei vindicatio should be used when having a defaulting tenant evicted. It offers an alternative procedure that does not undermine the objectives of the housing legislation. / AFRIKAANSE OPSOMMING: Suid-Afrika ervaar tans 'n probleem met die verskaffing van behuising vir almal. Sedert die land se verwerwing van demokrasie in 1994 het die wetgewer 'n hele reeks wette aangeneem om die probleem op te los, ondermeer die Wet op Huurbehuising en die Wet op die Voorkoming van Onwettige Uitsetting en Onregmatige Okkupasie van Grond (hierna verwys as PIE). Die howe ondervind soms probleme wanneer daar bepaal moet word wanneer 'n spesifieke wet van toepassing behoort te wees en wanneer. Ten spyte van die R18 miljard wat die regering reeds bestee het aan armes sonder huise, het die getal mense wat sonder geskikte behuising woon gegroei. Die wetgewer het deur die promulgasie van die Wet op Huurbehuising gepoog om 'n mark te skep waarin daar behuising verskaf sal word in die vorm van huurbehuising. Terselfdertyd sal die privaatsektor baie nodige geld in die huurmark kan investeer. Onlangse regsspraak in die verband dui daarop dat daar nog baie leemtes bestaan veral met verwysing na uitsetting. Na 'n resente Appelhof beslissing sal die verhuurder van die meer tydrowende en duurder prosedures in PIE gebruik moet maak om 'n persoon uitgesit te kry. Die onderliggende aanname is dat PIE nie van toepassing behoort te wees wanneer 'n verhuurder 'n huurder wat agterstallig is met die huur wil uitsit nie. Die regte van beide huurder en verhuurder word gevolglik bestudeer. Die hoof-oogmerk van die studie is egter om vas te stel watter uitsettingsprosedure die beste sal wees en wat die gevolge sal wees indien die prosedure nie gebruik word nie. 'n Goed gereguleerde huurmark sal sorg dat huurders genoegsame beskerming geniet, dat die verhuurder geld sal kan maak uit die huurmark en dat die regering se druk tot 'n mate verlig word. 'n Verdere aanname is dat die prosedure vir die rei vindicatio die korrekte prosedure is om te gebruik om 'n huurder wat versuim om sy/haar huur te betaal uit te sit. Die rei vindicatio word gevolglik bestudeer en daar word getoon dat die prosedure aansienlik van die van PIE verskil. Dit bied 'n alternatief en is nie van so aard dat dit die behuisings wetgewing se oogmerke belemmer nie.

Value-Added Tax (VAT) is an indirect tax levied on the supply of goods and services. Governments raise revenue by collecting VAT in order to facilitate the maintenance of basic services for the general population. Challenges in VAT collection arise from the supply of digital goods to consumers by means of e-commerce transactions. Moreover, VAT collection mechanisms that do not adequately cater for the collection of VAT on the supply of digital goods results in under-taxation and VAT fraud. The use of an intermediary is a more effective method of collecting VAT on e-commerce transactions since it shifts the compliance burden away from foreign online businesses. VAT legislation should be amended to cater for the collection of VAT by intermediaries. / Mercantile Law / LL. M. (Tax Law)

The purpose of this research was to determine whether or not the South African public procurement regime, within the framework set out in section 217(1) of the Constitution 1996, complies with the internationally accepted objectives or principles of public procurement, as contained in the UNCITRAL Model Law on the Procurement of Goods, Construction and Services (1994) and the World Trade Organisation‟s Plurilateral Government Procurement Agreement, and how these objectives are balanced with the need for the government‟s socio-economic policies. The main features of the public procurement reforms after South Africa became a constitutional state are the provision of constitutional principles applicable to public procurement; the creation of a single national legislative framework in terms of the Public Finance Management Act 1 of 1999 and the Local Government: Municipal Finance Management Act 56 of 2003, applicable to organs of state in the national, provincial and local spheres of government; and the creation of a supply chain management function that is fully integrated with the financial management processes in government, in which decisions on public procurement are decentralised to the procuring entities. The following broad principles applicable to public procurement, which are common to the Model Law and the GPA, were identified: (a) Economy; (b) Competitiveness; (c) Effectiveness; (d) Transparency; (e) The combating of abuse; (f) The avoidance of risk; (g) Accountability; (h) Fairness and equitability; and (i) Integrity. / Private Law / LL.D.

This research will focus on the influence of legislation (as indicated in this research) on the investment decision in residential income-producing property. Assumptions, as recorded in the hypothesis of this study, indicate that the legislation had a changing influence on the investment decision in residential income-producing property in comparison to the time period prior to the promulgation of the legislation. The research methodology will be based on a comparative analysis of the current legislation and the proposed Draft Amendment Bill. This analysis will be tested by means of a case study analysis incorporating a phenomenological study based on written data. The problems, sub-problems and hypothesis will be addressed and tested in this research in conjunction with the prescribed research methodology. This research is concluded by means of a synopsis and recommendations.

Magister Legum - LLM / This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination by giving the historical background to HIV related discrimination. From this, the extent of stigmatization against this group was introduced. / South Africa

Introduction: Due to the increase in healthcare costs, generic medicines have been adopted for used in both developed and developing countries. When a generic or ‘multisource interchangeable medicine’ is to be registered, studies that prove that the generic is equivalent to the Innovator Product (IP) are used. The generic medicine is required to prove that it will mirror the IP in terms of safety, quality and efficacy and, in South Africa, the Medicines Control Council (MCC) ensures that generic medicines meet these requirements. Generic medicines may be registered using bioequivalence data obtained from comparison with a domestic reference product (usually the local innovator product) or in certain cases, a foreign reference product (FRP). The bioequivalence data can either be from in vivo or in vitro studies. The MCC guidelines require that for modified release preparations, in vivo bioequivalence studies are done for approval of registration; the exception being if a proportionally higher dose has already been registered. No information is currently given to prescribers and dispensers or to the public about whether a generic product was registered against a foreign or domestic reference product. Aims and Objectives: 1.) To determine the number of generic medicines in a predetermined sample registered using a FRP as comparator and to document the transparency of pharmaceutical companies when approached to disclose information regarding the registration of these products. 2.) To describe and document the use of the Promotion of Access to Information Act (Act 2 of 2000) [PAIA] from the perspective of a ‘layperson’ in the context of medicines’ regulation, in both private and public bodies. Methods: 20 modified release and Biopharmaceutics Classification System (BCS) class IV products were selected from the ‘generics dictionary’ – a commercial publication – and letters were sent to the manufacturers of the products requesting information about the tests done to prove equivalence and whether they were performed against a domestic or foreign reference product. The same information was also requested from the MCC. The requests were all made using the Promotion of Access to Information Act (PAIA). Results: Nine companies were represented by the 20 products chosen. Information was obtained about thirteen products. Ten of these products were registered using FRPs. Four products were registered based only on comparative dissolution studies. Four companies provided the requested information, two companies responded by refusing the requests and three did not respond at all. The MCC refused the request for information even after an internal appeal was lodged. Conclusions: The Promotion of Access to information Act was unsuccessful in obtaining information from the public body, and partly successful in obtaining it from the private bodies. While the title of the Act seems to indicate that the Act can be used to obtain information as such, it only provides for access to specified records. The MCC and the pharmaceutical companies involved in the study were under no obligation to provide the information as the request had not complied with PAIA requirements. The use of FRPs for registration is a reality in the pharmaceutical industry in South Africa. Neither the public nor healthcare professionals who prescribe medicines or who are involved in dispensing generic medicines as substitutes are aware of whether or not a FRP has been used to register a generic. Interchangeability cannot necessarily be guaranteed if the reference product was not proven equivalent to the local innovator product. It is debatable as to whether or not this information would be of any particular benefit to members of the public. Prescribers may choose to write ‘no substitution’ on their prescriptions if they were unconvinced that an FRP is acceptable. This could have consequences for healthcare costs. Dispensers are the most vulnerable in South Africa as they are obliged by law to substitute generic medicines when innovator medicines have been prescribed. Dispensers’ views on the acceptability of the use of FRPs can be seen as irrelevant. In the end, as this study demonstrates, the only option in the present situation is to rely entirely on the MCC’s rigour in assessing applications for registration of generic medicines.

Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA) response is Chapter XI of the Electronic Communications and Transactions Act (ECTA). The protection it provides is however not absolute. It is limited to ISP’s that are members of an Industry Representative Body (IRB) and those ISP’s must perform particular functions in relation to third party content in a certain manner to obtain limited liability. Due to the ECTA’s limited application and a lack of authority, the question is raised as to what is the liability of ISP’s for unlawful content posted by third parties? This dissertation pays particular attention to ISP liability for third party defamatory statements, hate speech, and obscene and indecent material. The role and characteristics of ISP’s in the functioning of the Internet is described. It is determined that a wide legal definition would be required to encompass the many roles they perform. The definition provided by the ECTA is wide and many different types of ISP can fall underneath it. This may have unintended consequences as entities may receive protection that the legislature did not intend. The appropriate laws in the United States of America (USA) and the United Kingdom are surveyed and suggestions as to the extent of ISP liability in circumstances where the ECTA does not apply are made. It is established that their position is uncertain due to difficulties in applying the law to the Internet. This could result in the law being applied incorrectly and ISP’s erroneously found liable. The ECTA’s threshold requirements limit the availability of the safe harbor provisions to ISP’s that are members of a recognised IRB. The IRB must comply with an extensive set of requirements to obtain recognition. The purpose of these requirements is to ensure that only responsible ISP’s obtain the protection provided by the act. After an examination of these requirements, their necessity is questioned as their purpose appears to be contrary to the logic of the safe harbours provided by the ECTA. The safe harbours are analysed and comparisons made to similar legislation that exists in the USA and the European Union (EU). It was established that the ECTA is a hybrid of the USA and EU legislation, and to a certain extent improves on them. It was suggested that the extent of ISP liability in relation to certain unlawful content is clearer under the ECTA. However, exceptions may exist in relation to hate speech and obscene and indecent content as a result of legislation that does not properly take the technology of the Internet into account. It was recommended that certain action be taken to correct this position to prevent any negative effects on the Internet industry and conflict with the objectives of the ECTA. The provision of limited liability contained in the ECTA is balanced with a notice and takedown procedure, which provides relief to victims of unlawful content. This procedure is analysed and it appears to be effective in providing relief. However, through an examination of concerns raised in relation to this type of procedure as it exists in the USA and the EU, it is suggested that certain flaws exist. The take-down procedure negatively effects the freedom of expression and the third party’s rights to due process. Further, the threshold requirements result in not all the users of the Internet being provided with the same remedies. It is recommended that certain action be taken to correct these flaws. The solution provided by the ECTA should be favoured over the uncertainty that existed before it promulgation. It may be necessary to correct particular flaws that exist. Certain recommendations are suggested in this regard and the concluding chapter.

Bibliography: pages 133-135. / There is an administrative law relationship between the taxpayer and the Commissioner for Inland Revenue, (hereinafter referred to as 'the Commissioner') The basis of this relationship is that the Commissioner is required to collect tax and the taxpayer is required to pay the tax. In exercising his powers under the Income Tax Act No. 58 of 1962 (hereinafter referred to as the Act), the Commissioner has been conferred with discretionary powers. In this thesis, this administrative law relationship is examined with specific reference to the means of regulating the exercise by the Commissioner of his discretionary powers. There are a number of ways in which the discretionary powers of the Commissioner may be regulated. Generally discretion may be regulated by 'rule based administrative action' (1). This means that discretionary power is exercised subject to internal rules which state how discretionary power must be exercised. Another method of regulating the exercise of discretionary power is subsumed under the category of 'adjudicative techniques of decision' (2). The essence of the latter category is that the affected person participates in the decision which affects him. The exercise of discretionary power may be regulated furthermore if the Minister who has responsibility for the Department is required to be responsible for and account publicly for the actions of his subordinate. In this thesis, examples of rule based administrative action and adjudicative techniques of decision are examined.

It is unfair to the investing public and detrimental to the interests of the security markets for a person to trade on the basis of inside information. In this short dissertation, the laws regulating insider trading in South Africa prior to the current legislative provisions are briefly discussed. It is found that the old provisions were inadequate in deterring and punishing insider trading activities. The current legislative provisions are analysed in detail. It becomes clear that whilst the current provisions are a substantial improvement on their predecessor, certain aspects need to be reconsidered. These include the widening of their scope to include trading in all kinds of derivatives; the reformulation of the statutory civil action and the empowerment of the securities regulation panel to bring a civil action against insider traders. / Private Law / LL.M.