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A report from the portfolio committee on welfare / UNICEF workshop on children and developmentPortfolio Committee on Welfare/UNICEF 20 March 1998 (has links)
Honourable Cassiem Saloojee, MP chaired the workshop. He noted that the workshop was intended to provide an opportunity to assess several recent research studies related to children and development in South Africa. People who had been invited included MPs, members of NGOs and CBOs and government officials. A list of participants is attached.
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Virginity testing: towards outlawing the cultural practical practice that violates our daughtersMay, Ester Ruby January 2003 (has links)
Magister Legum - LLM / No abstract available. / South Africa
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The Extinction of Administrative Disciplinary Responsibility in Merger Cases, applied to Public Procurement / La Extinción de la Responsabilidad Sancionadora Administrativa en los Supuestos de Fusiones, aplicada a la Contratación PúblicaBaca Oneto, Víctor Sebastian, Ortega Sarco, Eduardo 10 April 2018 (has links)
In this article, the extinction of disciplinary responsibility in cases where a companydisappears will be analyzed. To do this, firstly we will study cases of transmission of the responsability in the cases referred to the extinction of the legal personality . Finally, the Peruvian legislation on public procurement and the transfer of responsibilities in cases of extinction by merger of legal entities will be analyzed. / En el presente artículo se analizará la temática referente a la extinción de la responsabilidad sancionadora en los casos en que una persona jurídica desaparezca. Para ello, primero se analizará los supuestos que existen de transmisión de la responsabilidad en los casos que se refieren a la extinción de la personalidad jurídica. Finalmente, se analizará la legislación peruana existente sobre los contratos públicos y la transmisión de responsabilidades en los casos de extinción por fusión de las personas jurídicas.
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Production of legal status among Hong Kong-based domestic workers from BangladeshStepkova, Veronika 05 July 2018 (has links)
This thesis explores the production of Bangladeshi domestic workers' legal status in Hong Kong. Bangladeshi domestic workers started entering Hong Kong in 2013 and they were expected to gradually become one of the major national groups of domestic workers. But within the first two years, 50 to 60% of them left formal employment. In the migration industry, that phenomenon was referred to as the "runaway crisis". While the runaway crisis took place between 2013 and 2015, some Bangladeshi domestic workers still run away. I would like to reflect upon the migration experiences of Bangladeshi women recruited by two employment agencies and one small association of employment agencies and identify forces impacting their decision-making over their legal status. In doing that, I build upon feminist geography of domestic work and migration studies, Foucault's work on governmentality and Ahmed's affective economies which I extend by elaborating on her understanding of lovability with which I engage to argue for a performative view of legality. The main methodology of the research is feminist ethnography where data were collected during 2-year long field work in Bangladeshi training centers and Hong Kong agencies. The research suggests that domestic workers' legal status is produced in a multi-layered process which includes social structures and power dynamics and affects in migration industry institutions.
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Statutêre beskerming van die voordeeltrekkende aandeelhouer in die Suid-Afrikaanse maatskappyereg / Statutory protection of the beneficial shareholder in terms of South African company lawDe Bruyn, Frederik Anton 11 1900 (has links)
Text in Afrikaans / The Companies Act, 1973 ("the Act") contains no specific provision dealing
with the relationship between a nominee shareholder and its principal, the
beneficial shareholder. The Act merely contains a variety of references to this
unique relationship without specifying the content thereof or elaborating on
the rights of the beneficial shareholder. It is clear from the Act that no legal
connection exists between the company and the beneficial shareholder and a
company is only obliged to recognise its registered members.
It has become apparent that beneficial shareholders need more protection than
is currently afforded to them in terms of our common law. Currently beneficial
shareholders have a common law right to claim return of their shares from any
person (even bona fide third parties) in the event of the misappropriation of
such shares by their nominee shareholders. Beneficial shareholders are
unprotected if their nominee shareholders were to act contrary to their
instructions, for example by not voting at the general meeting in accordance
with the instructions of the beneficial shareholders. Having regard to the fact
that the relationship between the beneficial shareholder and the nominee
shareholder is based on agency or trusteeship, the beneficial shareholder will
be entitle to compel its nominee to transfer the shares to another person. This
may, however, have stamp duty implications and if the nominee refuses to give its cooperation in respect of such transfer, costly legal action may be the
only solution for the beneficial shareholder.
In deciding which section of the Act should be adapted to include the rights of
beneficial shareholders, the following sections have been considered: Section 266 (statutory derivative action), section 252 (statutory remedy in the event of
prejudice), section 440K (compulsory acquisition of securities of minorities)
and section 344(h) (liquidation on grounds of equity). The only one of these
sections which provides the court with a wide enough discretion to afford the
required protection is section 252.
An important point in this regard is that section 252 cannot effectively be
extended to beneficial shareholders unless they also acquire the right to have
access to the same company information as the members of the company
would receive. In an attempt to create a balance between the needs to greater
protection of beneficial shareholders and the avoidance of unnecessary
cumbersome administrative obligations on companies, it is suggested that a
register of beneficial shareholders be created and that companies be obliged to
inform all beneficial shareholders appearing on such register of the same
company information as is provided to registered members.
The Act must make it clear that :
• a beneficial shareholder can only be recorded in the register with the
assistance of its nominee shareholder;
• the relevant nominee shareholder must satisfy the company secretary that
the person which is recorded in the register is in fact its principal;
• the only two instances where the company secretary will be entitled to
remove the beneficial shareholder is in the first instance where the
beneficia] shareholder consents to such removal and secondly where the
shares held by the registered member is transferred. The latter ground will
avoid continued provision of company information to persons not
involved with the company.
No duty will be placed on companies to ensure that the names and addresses
of beneficial shareholders are correct. This will be the responsibility of
beneficial shareholders.
The improved flow of company information will facilitate the improved
awareness by beneficial shareholders of relevant events and together with the
appropriate extension of section 252, will go a long way in improving the much
needed protection of beneficial shareholders. / Mercantile Law / LL.M. (Handelsreg)
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African women as moral agents : the moral implications of the status and role of women in their communitiesLebaka-Ketshabile, Libuseng Sophy 11 1900 (has links)
Traditional ethical views have tended to define moral agency
from the patriarchal perspective. Seen and defined from this
perspective, it has been maintained that women are not
transmitters or teachers of good morals, let alone makers of
sound moral judgments. This biased stance on women and moral
agency is not only prevalent in Western traditional ethical
approaches. It is also found in the thinking and practice of
contemporary African society.
Contrary to traditional ethical views on moral agency, both Western and African, this work argues that African women are
good moral agents. They have always demonstrated moral
responsibility through participation in the overall life of
their society. To ensure maximum participation of all African
women in society, the dissertation suggests that a process of
conscientization for a liberative culture should become a priority for African society. / Philosophy, Practical and Systematic Theology / M. Th. (Theological Ethics)
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A Study of Due Process Appeal Cases Involving Professional Personnel Coming Before the State Commissioner of Education for the Period of Time 1970-1975 and the Impact of These Cases upon School District Operations in TexasKoonce, Charles Michael 05 1900 (has links)
This study sought to review the due process appeal cases that came before the Texas State Commissioner of Education from 1970 to 1975 in order to determine the impact of the decision upon school districts' management and operation. Five purposes directed this study and are as follows: (a) to review the cases appealed to the State Commissioner from 1970 to 1975, (b) to develop a cross reference for cataloging these decisions, (c) to develop a handbook on reference materials for local administrative use, (d) to outline a special procedure for orderly due process, and (e) to determine the impact of these decisions rendered to concerning local school district policy. These five purposes were attained through a research design combining historical research methodology with survey research methodology. In conclusion, negligible impact was observed on school districts as a result of due process appeal cases. No school board changed policy as a result of the commissioner's decision. In summary, the five purposes were met. Attaining these five purposes produced the following, which are contained in the report: (a) a Cross-reference Matrix for cataloging decisions, (b) an Administrative Due Process Handbook containing case briefs, (c) a procedure for orderly due process, and (d) data results with interpretation.
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The process of naturalisation of refugees under international and South African law and its implications for human rightsMasumbe, Paul Sakwe January 2015 (has links)
This study seeks to examine the naturalisation of refugees under international law with specific focus on the South African refugee system. The universalised nature of human rights and the difficulties of refugees finding new roots in host states form the basis of this study. This study takes a closer look at the South African refugee system and the path to naturalisation of refugees. It identifies policy and legal gaps in the process of naturalisation of refugees and argues that the practice as it stands today, fundamentally abuses the rights of refugees and questions South Africa’s good faith in meeting its international obligations under the 1951 Refugee Convention. It argues further that the biopolitical philosophy upon which South African citizenship is anchored is itself a hindrance to the realisation of efforts aimed at naturalising refugees and their descendants. The research methodology used in this study is non-empirical. This is so because the study is based on available data, information already available in print or on the internet. The study attempts to accomplish the above by undertaking an in-depth analysis of the history of refugees, the current position of naturalisation under international law, and identifies the inherent challenges. In the South African context, the study makes use of extensive statutory, constitutional and case law materials to justify that the current treatment of refugees in their quest for naturalisation is indefensible within the context of a human rights-based approach and the dictates of the Constitution. This study concludes by making recommendations that would help close the legal and policy gaps that obtain presently. These include amendments to the Refugees, Immigration and Citizenship Acts and strengthening policy implementation at the DHA. It is hoped that the recommendations will strengthen and evolve a human rights culture and bring refugee, immigration and citizenship laws in line with the Constitution. It will also pave the way for a more just and peaceful South Africa as she strives to meet her obligations under regional and international law.
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Teoretické otázky soukromoprávního postavení sportovce z hlediska práva ČR a EU / Theoretical Issues of the Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European UnionOndřejová, Zuzana January 2011 (has links)
Theoretical Issues of Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union The reson why I chose this topic for my final thesis is fact, that I am still an active basketball player. During my studies at The Faculty of Law I have started to be more interested in problems of mutual relationship between sport and law. The main objektive of this thesis is in detail to describe and analyze whether, in conformity with valid legal rules, is a professional sportsman in the legal status of the sole trader, in the legal status of the person practising his profession on a free-lance basis or in the legal status of an employee. In the introduction chapter, an analysis of a concept "sport" is performed. Sport is therein defined, number of its characteristic features are described including the division into a recreational sport, achievment sport and professional sport. Another part of this charter is focused on the concept "sportsman" which brings the definition and differences among amateur, paraproffesional and professional sportsmen. Sport in contemporary conception, especially the professional one, undoubtedly has to be regulated by law. The last part of this chapter deals with the issue how law regulates sport and how the frontier between sporting rules and legal...
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Informal urbanism : an appraisal of socio-legal and economic dynamics in East London, South AfricaSibanda, Phaxenda Maxwell January 2017 (has links)
Many cities and towns in the Global South continue to experience the growth of the informal sector. There are a number of reasons which explain the growth of the informal sector. These include formal sector retrenchments, shortage of jobs in the formal sector and lack of skills. Street vendors are the most visible traders in the informal sector as compared to other kind of traders. In many cities, the spaces in which vendors conduct their trading is not allocated to them legally as they are seen as a nuisance or obstruction to commerce and the free flow of traffic. Against this background, this study examines the contestation for vending in the East London Central Business District (CBD) Eastern Cape, South Africa. It specifically explores social processes and vendor decision making when it comes to choosing (or claiming) a particular vending space, the legal instruments (by-laws) that either promote or constrain informal trading activities. Furthermore, it investigates the extent to which street vending contributes to the traders‟ income generation and sustainable livelihoods. This study uses a qualitative research design. Purposive sampling was used to select thirty informal traders. In-depth semi structured interviews were conducted with all thirty respondents In addition to the thirty respondents, five key informants were interviewed. The study found that street vending plays a major role in providing BCMM people with livelihood opportunities. Trading space in the CBD is strictly competitive and the spaces they acquire are too small for their businesses to expand to another level. Vendors face a lot of challenges but at the epitome of their challenges is the vending by- laws which the vendors view as a major constraint when it comes to operating smoothly in the streets. The study suggested that vending polices and by- laws be reviewed in order to derive a better socio- economic and functional environment for vendors.
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