Thesis (LLM. (Labour Law)) --University of Limpopo, 2014 / This mini-dissertation deals with the adjudication and conciliation of the pension fund complaints as regulated by the Pension Funds, Act, 24 of 1956 (the Act). Section 30E of the Act gives the Pension Funds Adjudicator powers to investigate any complaint that has been lodged within the period of 3 years as prescribed by the law. This mini-dissertation further discusses the powers of the Adjudicator and the way the Office of the Pension Funds Adjudicator was established. The research further discusses the determinations issued by the Adjudicator which are ground-breaking which interpret the Act.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2014 / This mini-dissertation deals with the adjudication and conciliation of the pension fund complaints as regulated by the Pension Funds, Act, 24 of 1956 (the Act). Section 30E of the Act gives the Pension Funds Adjudicator powers to investigate any complaint that has been lodged within the period of 3 years as prescribed by the law. This mini-dissertation further discusses the powers of the Adjudicator and the way the Office of the Pension Funds Adjudicator was established. The research further discusses the determinations issued by the Adjudicator which are ground-breaking which interpret the Act.

South African investors who have invested or plan to invest their funds offshore have to comply with various legislations, more particularly, the Income Tax Act and the Exchange Control Act. The change-over process from a source basis to a world-wide basis has left many resident investors confused. The need for clarity is exacerbated by the amnesty granted to residents of South Africa, in terms of exchange control and income tax contraventions relating to offshore assets. Resident investors put together complex structures using trusts and companies to 'conceal' their assets. This amnesty provided investors with an opportunity to declare their investments and to legalise their foreign investment tax affairs without the fear of criminal prosecution. The practical application of the various tax provisions is complex and the consequences of non-compliance are severe. Many resident investors are unaware that they could apply to them. There are two crucial questions that are the cornerstone of this study and they have a significant impact on the future planning opportunities that may exist: • First, is the use of an offshore trust or foreign company beneficial? • Secondly, what is the most tax-efficient offshore investment vehicle? The aim of this dissertation is to investigate and identify the various forms of tax legislation as it relates to these foreign structures and investment vehicles, and then to provide a focused analysis of the relevant legislation. A case study is provided to facilitate the understanding and research of this topic. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2009.

This study forms a unique study of South African diamond laws as developed in the context of the South African constitutional dispensation. This study is therefore a contribution to legal research and academia which forms an in depth consideration of international trade practices that influence the diamond industry which is used in this study specifically as a sample market. The diamond industry in South Africa provides a relatively comparatively small but resilient source of economic activity through trade in diamond products as luxury items and items used for industrial purposes. It is therefore crucial that laws related to the regulation of this industry are comprehensively and analytically studied for the purposes of understanding South African national and international diamond trade regulatory framework. This is done with the aim of illustrating that there has been a significant shift of prevailing wisdom in the South African diamond trade industry. It is now evident that more constitutionally justifiable and internationally sound diamond trade practices have been adopted and applied. This study not only serves to benefit South Africa as a diamond producing country but it will also add required knowledge related to the international trade context particularly having regard to the fact that South Africa plays a significant role in the global economy and its diamond trading activities do not occur in a vacuum. Therefore the international trade aspect of this study lends it a dual purpose analysis of diamond regulation laws. 1 Report of Task Team Appointed by the Minister of Minerals & Energy to Analyze the Memoranda and Evidence Laid Before The Commission of Inquiry into the South African Diamond Industry, 20 December (1999). Chapter 5. This was stated in the submissions by Mr. L.A. Lincon, a director of De Beers. He stated that South Africa had 10% by volume of the world total of around 105 million carats. South African mines are no longer major producers of all desired qualities. As a result it was agreed in 1992 that rough diamonds destined for South African factories could be provided from the CSO’s (Central Selling Organization) full range of diamonds available in London from sources world-wide. / Thesis (LL.D.)-University of KwaZulu-Natal, Durban, 2009.

At present in South Africa, personal compensation in relation to motor vehicle accidents is firmly based on the delictual principle of 'fault'. This gives rise to a number of questions: Is this the system best suited to the realities of the motor vehicle and its accident-causing potential in modern society? Are the interests of society best served by a system of compensation based on fault? Is this the optimum system for the handling of the vast number of claims arising out of motor vehicle accidents? Are there alternative workable schemes which could be introduced? To these questions the writer addresses herself in this thesis. By no means will this thesis answer all the intricate and complex questions involved in the fault vs. no-fault debate. However, it is hoped that what follows will contribute to a better understanding of the basic issues involved and will facilitate further discussion with a view to improving the lot of the motor vehicle accident victim. / Thesis (LL.M.)-University of Natal, Durban, 1986.

This dissertation serves as an analysis of the current legislation criminalising both prostitution and homosexuality. The object of the dissertation is to explore the possibility of decriminalisation in the aforementioned areas of the criminal law, on the premise that the criminalisation of the aforementioned areas is not justified. The dissertation provides an overview of the historical progression of the law in relation to the sexual offences of homosexuality and prostitution, and examines the legislative trends that emerge within the historical context. The law and its relation to morality is explored, with the objective of examining whether morality can serve as a sufficient justification for criminalisation of conduct. Additionally the legislative justification for criminalising both homosexuality and prostitution is explored in order to determine the legitimacy thereof The current legislation is defined and examined. The Constitution of South Africa, and specifically the Bill of Rights is investigated to determine whether there can be any foundation therein for an appeal for decriminalisation. Finally, an examination of legislative alternatives is documented. The conclusion is then derived therefrom. The purpose of the dissertation is to examine the decriminalisation of victimless sexual offences, and the results of the research demonstrate favourably towards such an initiative. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1996.

No abstract available / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

The 1994 democratic elections, which were the first of their kind in South Africa, served as a significant turning point for the country as they marked the end of an oppressive regime and the beginning of a long sought after dispensation; democracy. The change in dispensation was not only limited to the political sphere but naturally filtered through to every aspect of South African life including the broadcasting industry. In fact, leading up to the elections, a number of negotiations had begun centered around the necessary restructuring of the national broadcaster; the South African Broadcasting Corporation (SABC). In regard to this moment in history, Raymond Louw (1993: 01) mentions that, there had "never been a time in South Africa when debate about media, its conduct, structures, ownership and control hard] been so intense". The negotiations were deemed important for a number of reasons. Firstly the media, by virtue of their perceived power and ability to influence the general public, are a highly contested domain. It was therefore essential for a consensus to be reached on how the SABC, for example, would be managed during this time so that no parties would be left at a disadvantage. Secondly, the SABC had earned a reputation as the Nationalist government propaganda machine and therefore had to be freed of this undemocratic burden. The paper is thus a case study of the SABC and the Independent Communications Authority of South Africa (ICASA). Issues of ownership, control, regulation and the role of public service broadcasting will be discussed primarily from a political economic perspective. / Thesis (M.A.)-University of KwaZulu-Natal, 2006.

The research is on the assessment of municipalities within the Eastern Cape Province to determine the capacity they have towards implementing the Municipal Finance Management Act No 56 of 2003 (MFMA). The research targeted Municipal Managers and Chief Financial Officers as these are the people charged by the Act with the responsibility of ensuring proper implementation and compliance by the Municipalities with the Act. The project was conducted at the level of the district municipality. This level of municipalities was considered sufficient as it would ensure a broad and in depth coverage of the assessment throughout the Province. This project aims to uncover strengths and weaknesses of municipalities. Municipalities with strong features are appraised of their strengths and recommendations are given towards the end of the dissertation to change the negatives into positives. The prime source used in developing the questionnaire is the MFMA. The questionnaire looks at various aspects of the Act and assesses capacity in terms of fourteen specific areas. / Thesis (MBA)-University of KwaZulu-Natal, Durban, 2006.

Property around the world is regarded as a pillar of wealth creation. South Africa is no exception, being a capitalist society with residential property by large forming a base of individual wealth, as an investment class. A new set of legislation which was promulgated in June 2007 and which promotes and advances the social and economic welfare of South Africans, by advocating a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market industry thereby ultimately protecting the consumer. This new legislation, the National Credit Act 34 of 2005 replaced the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The effects of this legislation ricocheted into the South African economy generating conflicting outcomes. The purpose of this research investigated the paradoxical effect of the National Credit Act on the South Africa Residential Property Market. The dissertation first carried out a thorough review of the literature of the South African Legislation pertaining to the property market post and prior to the promulgation of the National Credit Act, South African Residential Property Market, South African Residential Rental Market and South African Building and Construction Industry. The study sought to validate the paradoxical effect of the legislation by analysing secondary data to investigate the contribution and correlation of mortgage loan advances, residential rental market growth and residential construction activity. The analyses revealed a strong direct correlation between the implementation of the National Credit Act and mortgage loan advances; residential rental growth and the performance of the residential construction industry, respectively. The data analysis from the questionnaires carried out on six residential property developers further reiterated the strong correlation as illustrated by the secondary data analyses. The main findings of this study revealed that the implementation of this legislation resulted in a paradoxical effect on the South African property market. Home ownership decreased, while rentals sky-rocketed, forcing households to accede to higher rentals which are not governed by the Act. Furthermore, confidence as well as job creation in the residential construction industry slumped to an all time low, resulting in job losses and fewer homes being built. The research therefore concluded that the decline in the home ownership market and the consequential growth in the residential rental market is a result of the implementation of the National Credit Act and substantiates the paradoxical effect of the Act. / Thesis (M.B.A.)-University of KwaZulu-Natal, Westville, 2009.