In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.

A critical historical consideration of promissory warranties in South African Insurance Law , an argument for the need of reform of such warranties and proposals of what such reform should entail. / Mini Dissertation (LLM (Insurance Law))--University of Pretoria, 2020. / Mercantile Law / LLM (Insurance Law) / Unrestricted

LL.D. / Due to a democratic policy of transparency, responsibility and accountability, government organisations in the 'new' South Africa will have to properly and thoroughly plan and manage all facets of the national economy. Planning of land rights, - development and environmental conservation is necessary to manage the housing shortage, industrial and agricultural development and the principles of the Development Facilitation Act and the reconstruction and development programme. Town-, regional- and environmental conservation planning (especially managing of natural resources) is of vital importance. The role of the community, public participation, opinions and input is vital and desirable. New legislation in terms of town- and regional planning matters is however not completely in place. Administrative law, particularly the administrative justice stipulation in the constitution, plays an important and integral role in terms of the duties of town planning tribunals, developmental facilitation tribunals, town councils, ministers, provincial premiers and members of executive committees' powers and functions. The relevant legislation in Gauteng Province is the Development Facilitation Act, Town planning and Townships Ordinance (Tvl), the Local Government Transition Act,' the Gauteng Removal of Restrictions Act, 2 town planning schemes and the Environmental Conservation Act. This list is not a numerus clausus and will be discussed further below. The basis and practical area of application of all this legislation is administrative law. The administrative justice stipulation in the Constitution plays a vital and essential role in the implementation and execution of such legislation.

No abstract available / Jurisprudence / LL.M.

No abstract available / Jurisprudence / LL.M.

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.

No abstract available. / Thesis (LL.M.)-Univeristy of Natal, Durban, 1992.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban,2001.

LL.D. / Please refer to full text to view abstract

The doctrine of vicarious liability provides justification for a deviation from the general rule that fault is an indispensable requirement to attach liability to an individual. The doctrine provides that an aggrieved party may hold an employer liable for the wrongful or delictual conduct of its employees. The South African legal system inherited the doctrine of vicarious liability from common-law and the doctrine is deeply rooted in English-law. The South African legal sphere is subject to constant transformation and as a result hereof, the common-law doctrine of vicarious liability should also be subjected to transformation. Uncertainty reigned in relation to whether the judiciary or the legislature carried the burden to develop the doctrine of vicarious liability in order to accommodate the needs of a modern society. The doctrine of vicarious liability is a universal concept and the transformation that the doctrine has undergone in other common-law countries could prove to be useful guidelines to assist with the development of the doctrine within the South African legal context. The doctrine places a tremendous burden on employers by providing that employers can be held accountable for the unlawful and delictual actions of its employees. One of the stumbling blocks that the South African judiciary had to overcome was to determine in which instances the liability of employers should be restricted in relation to the conduct of their employees. It is common cause that the doctrine, due to its onerous nature, cannot be regarded as absolute. Perhaps one of the most significant restrictions that has been placed on the application of the doctrine has been the fact that employers may only be held accountable for the wrongful conduct of its employees in instances where the employee has acted within the scope of his or her employment. The dividing line between acts committed within the scope of employment and acts committed outside of the scope of employment is a very fine line and the judiciary tend to tread carefully upon pronouncing on such matters. The Constitution of the Republic of South Africa, 1996 reiterates the importance of ensuring that the constitutional values of reasonableness and fairness are adhered to. An aggrieved party would be left with deep scars in the event that the individual is prohibited from instituting an action against an employer for harm or loss suffered as a result of a wrongful action of an employee of that employer. The employer would suffer prejudice in the event that the employer is held accountable for the wrongful conduct of an employee which is unrelated to the business of the employer. The answer to the conundrum lies in striking a balance between the prejudice suffered by the aggrieved party and the prejudice suffered by the employer. The aim of the judiciary should be to ensure that restrictions made to the application and interpretation of the doctrine of vicarious liability would be justifiable and reasonable in terms of the Constitution. The balancing of the interests of the employer and the balancing of the interests of the aggrieved parties are essential to ensure that justice prevails. It is common cause that no general test exist in the South African legal sphere in order to determine the liability of an employer for the wrongful conduct of its employees. Due to the complex nature of the doctrine of vicarious liability it can be averred that a general test would not address the technicalities of the doctrine. An important consideration to determine the liability of an employer is to establish whether a sufficiently close connection existed between the duties of the employee and the wrongful conduct of the employee. This factor can be considered as the “golden thread” that must be present to determine the liability of the employer. The doctrine of vicarious liability is a concept which has proved to be imperative in the South African legal sphere. Employers should be held accountable for the wrongful conduct of its employees, but simultaneously the constitutional values of reasonableness and fairness should be adhered to. Even though vicarious liability is an onerous concept for employers, justice would prevail if the values of the Constitution are applied religiously.