This paper entails a critical analysis of the development of water law in South Africa. It examines the historical development process of the law, discussing the tendencies followed in Roman and Roman Dutch Law systems. The principles of water allocations which had been adopted into the South African law system by the courts and legislature is analysed. A review of the water allocation mechanism of the Water Act 54 of 1956 indicate that the water law thereunder is outdated, no longer reflecting the needs of our society. Especially since it was based on antique systems of water allocation derived from European countries where the climate and hydrology are different to South Africa. With the advent of a new democratic Government, the principles of fairness and equity as embodied in the Constitution, demanded that South African water law be reviewed. This mammoth task was undertaken by the Minister of Water and Forestry Affairs, Professor Kader Asmal. After a two year consultative period process, the National Water Act 36 of 1998 was enacted. The provisions of this Act indicate a radical departure from the previous system of water allocation. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1999.

New regulations have been published under the National Environmental Management: Biodiversity Act ('the Biodiversity Act') that regulate activities regarded as 'restricted activities' by that Act involving listed species of flora and fauna. The regulations include several provisions relating specifically to five species of large predator (lions are a notable exception) and to black and white rhinoceros and represent the end of a lengthy law reform process. The regulations came into force on 1 February 2008. South Africa is a signatory to several international instruments concerned with the protection of biodiversity including the Convention on International Trade in Endangered Species ('CITES'), the United Nations Convention on Biological Diversity and the SADC Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community. The Biodiversity Act is the key national law concerned with management of large predators from a conservation and biodiversity protection point of view. Several Acts administered by the Department of Agriculture, such as the Animals Protection Act and the Performing Animals Protection Act, provide for the welfare of animals in captivity. However, the management of wild predators has up to now been regulated at provincial level by a series of outdated nature conservation ordinances that are inconsistent with one another and with the provisions of CITES. It is clear from the Game Theft Act, from national policy instruments such as the National Biodiversity Strategy and Action Plan and from the draft Game Farming Policy that hunting and game farming are seen as important contributors to the South African economy with the potential to address rural poverty and create employment. Hunting is itself a multimillion rand industry in South Africa and a substantial part of that industry is trophy hunting. Large predators in South Africa are most affected by trophy hunting practices, but other animals and other predators are also affected. Large predators are also the subject ofboth national and international trade. In recent years captive breeding of large predators has increased dramatically in order to supply the trophy hunting industry. During the late 1990s concerns began to be raised in the press regarding so-called 'canned hunting' practices and the law reform process mentioned in the first paragraph was partially a result ofthis focus on canned hunting. The new regulations provide, among other things, for greater control of the wildlife industry and for the setting ofhunting off-take limits, but they have several weaknesses. On the most basic level, the regulations contain drafting errors, are overly complex and may conflict with existing provincial legislation. They are likely to impose a greater administrative burden on provincial authorities already struggling to implement the existing provincial legislation. It is submitted that the provisions relating to animal welfare (for example, those dealing with prohibited methods of hunting) should have been enacted elsewhere. The provisions relating to self-regulation of the hunting industry and black economic empowerment are ineffectual as currently drafted. Most importantly, the new regulations do not represent a significant departure from the utilitarian approach to wild animals that has characterised South African law since its earliest days. In this sense, the regulations conform to the current policy of 'making conservation pay'. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2003.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

M.Phil. / Past apartheid policies promoted separate development and inevitably affected the economic and social growth of the majority of the South African population. Furthermore, the massive inequalities in income, unemployment, education, health, housing, roads, water and sanitation and the status created by these policies also affected social cohesion, undermined efficiency and economic growth and contributed to a higher level of social unrest and crime, which in turn undermined democracy and development. Two years into the democratic dispensation, the government felt obliged to constrain the pursuit of its ambitious programme and to adhere to the imperatives of a stabilization programme, which restricted the degree to which government proactively pursued a social reform agenda and developmental strategy. A number of reasons are offered for the fundamental shift in policy from the pre-1994 developmental state-led agenda to the post- 1996 market-based approach to both social and economic policy. Even today, the legacy of apartheid is still visible as it was during the height of the apartheid era, and this is reflected in the mushrooming of informal settlements and the illegal occupation of some land demarcated for other purposes. Even now the concepts of providing social security and the obligation of South African government to provide for social security are still new. The issue of social security has developed rapidly since the latter part of the 20 th century. In most democratic states, the obligation to provide social security is entrenched in their constitutions. Before it was entrenched it was up to the individual and the family to provide adequate protection for their families, but today things have changed. The problem with the current South African social security system is that it does not cover rural and urban poor, non-citizen migrant workers and the informally employed. The informally employed and the urban and rural poor do not enjoy any social security protection, unless they are able to meet the most stringent qualifying conditions for any of the social grants. Non-citizen migrant workers also fall largely outside the social security framework that exists in South Africa. Due to the lack of definition, presently there is no uniform definition of social security and this has resulted in various international definitions being used. On the other hand, in an attempt to address the disparity, the South African White Paper for Social Welfare defines social protection as "policies that ensure adequate economic and social protection during unemployment, ill health, maternity, child rearing, widowhood, disability and old age". Social security is one of the means by which people circumvent destitution: it provides for their basic needs when their income stream has ceased, has been disrupted or has not developed sufficiently. The concept of social security has been defined as the "body of arrangements shaping the solidarity with people facing (the threat of) a lack of earnings (i.e. income from paid labour) or particular costs"'. Moreover, it embraces the sphere of complete protection against human damage, an adequate standard of living and social safety net against destitution through preventative measures. In light of the above challenges, it is important that we should have a comprehensive integrated social security structure. This is so because the traditional approach or the Western-oriented approach is used in South Africa and as a result it does not cover the characteristics of the African context efficiently. This includes, among other things, the formal sector-based orientation of the traditional social security model and the risks to which many Africans are exposed. It is of great importance for South Africa to develop its own definition of social security for historical reasons and the country's unique social and economic characteristics. The general objective of this dissertation is to look at possible amendments to the present system in order to provide for a more comprehensive scope of coverage of the present social security. It is also important for South African purposes, and/or in accordance with latest developments internationally, to adopt a wider social protection approach rather than rely on a more limited social notion. Therefore, this dissertation will develop a global analysis of the position of non-citizen migrants in South Africa social security law and its impact on employment relations and labour law in South African. This will provide the basis for developing a future strategy for extending higher levels of protection to non-migrant workers who are entering the country and to meet international social security obligations by introducing changes to national legislation. This will also include possible scenarios for improving the position of many people in South Africa. The dissertation will also cover the issue of how our courts have dealt with these violations. The other aim of the study is to analyze the position of the rural and urban poor and the informally employed from a comparative and empirical point of view. This will offer indigents the prospect of a future strategy for extended levels of protection by the creation of specific mechanisms and by introducing changes in national legislation. Finally, the lack of a coherent approach in South Africa social security is clearly discernible and needs to be researched properly and rectified. The present system suggests an archaic and rigid distinction between social insurance and social assistance. In light with the above challenges, it is important that we should have a comprehensive integrated social security structure. This is so because the traditional approach, or the Western-oriented approach, is used in South Africa and as a result it does not cover the characteristics of the African context efficiently.

M.Comm. / This study summarises certain of the more important legal issues of which the small business person should be aware and concentrates on three distinct areas, namely: The opening and registration of the business with specific reference to the business entities under which such business can be operated with the advantages or disadvantages of each of such entities; b) The daily operation of such business with specific reference to agreements which the small business person are likely to enter into; and c) The liquidation of the business with specific reference to the liquidation process, be that as a result of failure or as a harvesting mechanism where the business is sold. Each of the areas abovementioned are discussed in theory and with reference to either specific case law or examples of every day occurrences to indicate the seriousness of possible ignorance of the various issues discussed.

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

When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussion then moves on to considering the approach of the South African courts in regard to evaluating the manner and timing of a child’s revelations, as well as to considering the impact which a delay may have on the acceptance of that child’s evidence. Intrinsic to this analysis is the progress made in our courts, and by the legislature, in recognising factors that influence a child to either blurt out the information immediately or conceal it for a period of time. Thereafter, the testimony of 97 child victims of sexual abuse is analysed with a view to determining whether these children fit the profiles raised in research on the subject and described in some of the case law. The rate of attrition in cases of sexual offences against children is considered as well as the role that cross-examination plays in either enhancing or reducing a child’s ability to accurately describe an acceptable motivation for the delay in disclosure. The study concludes with a discussion of how well child victims are served in a legal environment designed to provide a forum for eliciting the truth from a child witness. The use of intermediaries and the impact of cross-examination is discussed as well as the ability of judicial officers to adjudicate in matters requiring highly specialized knowledge and experience.

Under the previous Labour Relations Act of 1956, (herein after refered as old LRA) organisational rights in South Africa were conspicuous by their absence. In addition, theright to access was restricted by the Trespass Act No. 6 of 1959, which made it a criminal offence to enter land without thepermission of the owner or lawful occupier, except for a lawful reason. During the 1980’s and the first half of the 1990’s several trade union rights, including the right to engage in collective bargaining were established by the Industrial Court under its unfair labour practice jurisdiction. After 1994, South African courts were bound to uphold the basic rights entrenched in the Constitution, Act No. 108 of 1996, and the new Labour Relations Act, 66 of 1995, (herein after refered as new LRA) was promulgated. A new system of collective bargaining which is voluntary in nature was established in order to level the playing fields between employees and trade unions. The new LRA grants organisational rights to registered trade unions. The aim of this treatise is to consider and evaluate these rights. The main source of organisational rights in international public law is to be found in the International Labour Organisation’s Convention on Freedom of Association. Decisions of the International Labour Organisation’s bodies of supervision and interpretation have upheld the protection of various organisational rights, such as trade union access to the employer’s premises,representation of employees by the officials of their trade union, and the right of union officials to collect union dues. These rights have now been incorporated into our labour law system. In this treatise, the pre-1994 situation and the scenario after the 1994 democratic elections is analysed. The contents of these rights are considered as well as enforcement there-of.

Trafficking in human beings is a major problem worldwide. Human trafficking is as a result of a complex set of interrelated push and pull factors. Push factors includeinter alia poverty, a lack of opportunities, dislocation of families, gender, racial and ethnic inequalities and the break-up of families. Research shows that pull factors include the promise of a better life, consumer aspirations and lack of information on the risks involved, established patterns of migration, porous borders and fewer constraints on travel. It is as a result of the global epidemic of this trafficking in persons that certain instruments on an international level as well as legislation on a national level have been enacted. The question which arises is: are these pieces of legislation effective in dealing with the scourge of human trafficking? Every legislation passed will have its strengths, as well as weaknesses but the main objective of such legislation should always be to combat, criminalise and prosecute the specific criminal act. Furthermore, the enacted legislation should be designed to effectively combat the challenges which threaten to exacerbate the criminal act. Failing to fulfil this intention will render such legislation nugatory. This treatise will be looking at various international instruments that have been passed abd v adopted by various countries, which specifically deal with trafficking in humans generally and specifically in relation to the children. International instruments that will be discussed include inter alia, slavery Convention, Convention on the Rights of the child, Worst forms or Child Labour Convention, Parlemo Protocol, United Nations Transnational Organised Crime Protocol to mention but a few. All these instruments have in a way dealt with and made provisions for the criminalisation of the act of trafficking in humans and a the scrounge of trafficking escalates the international governments strive to enact instruments that are going to be able to curtail this pandemic of trafficking. As more focus will be on the South African legislation this treatise is also going to examine all the relevant piece of legislation that have been passed by the South African government in order to deal with human trafficking. These will include the discussion of the Constitution, Child Care Act, Children’s Act, Children’s Amendment Act, Criminal Law (Sexual Offences) and Related matters. Amendment Act Prevention of Organised Crime Act as well as the Prevention and combating of Trafficking in Persons Bill. The treatise will listen critically discuss the Bill in so far as its strengths and weaknesses are concerned.