Thesis (M.Com. (Economics & Economic History)) - Rhodes University, 2009. / A thesis submitted in partial fulfilment of the requirements for the degree of Masters of Commerce in Financial Markets.

Thesis (doctoral)--Swedish University of Agricultural Sciences, 2009. / Thesis documentation sheet inserted. Includes appendix with reprints of two published papers and two manuscripts, three of which are co-authored with others. Includes bibliographical references. Issued also electronically via World Wide Web in PDF format; online version lacks appendix.

Thesis (Ph. D.)--UCLA, 2008. / Vita. Includes bibliographical references (leaves 268-280).

Thesis (Ph.D.)--Duquesne University, 2007. / Title from document title page. Abstract included in electronic submission form. Includes bibliographical references (p. 273-284) and index.

Thesis (Ph. D.)--Texas State University-San Marcos, 2006. / Vita. Appendix: leaves 194-195. Includes bibliographical references (leaves 196-219).

Text in Afrikaans / In this thesis, the place and role of incorporeal things in the new South African law of things are examined. In the Roman law and Germanic customary law not only physical but also incorporeal objects, including rights, were regarded as things. In the early South African law of property (the period until 1950) a wide interpretation was given to the concept "thing". Consequently, things were said to denote either corporeal or incorporeal objects, as was the position in Roman and Roman-Dutch law. The recognition of incorporeal things suffered a setback during the fifties with the reception of the theories of the Pandectists in the South African law of things. The reception of the Pandectists theories can in all probability be attributed to writers such as WA Joubert and CG Van der Merwe. These writers gives preference to a narrow thing concept which only includes corporeal things and can be related to a certain interpretation of the doctrine of private law (subjective) rights which they adhere to. Incorporeal things are merely considered as exceptions. However, this narrow interpretation of things, are not generally accepted as correct. Several academics and the South African legal practice acknowledge a wider and more pragmatic concept of things which includes incorporeal things. Even before South Africa's new constitutional dispensation, pressure were exercised to extend the private law concept of things, despite the resistance of Joubert and Van der Merwe against the acknowledgement of incorporeal things. Creative legislation were introduced in 1971 which extended the concept of things by creating new land use rights. Within the context of the protection of land rights, a functional division of ownership is required in order to overcome the conflict between individual rights and public interests. The fragmentation of land rights provide the greatest possible number of people with the widest possible chance of access to land, and where necessary ad hoc legislation should be introduced to provide suitable security of tenure. Needs and problems regarding land reform were also addressed through legislation by recognizing different rights in land. By doing so, further pressure was placed on the narrow thing concept. Against this background, the Constitution of the Republic of South Africa 108 of 1996 started a new era for the South African private law. It is within this context that the relationship between private and public law comes to the fore. The Constitution offers the possibility of a wide interpretation of the public law concept of things. Our courts has already confirmed that the constitutional meaning of property is wider than the private law concept of property and that constitutional property is not limited to corporeal things. The application of the new constitutional dispensation on specific areas such as new property, labour related rights and intellectual property must be considered in light of the fact that the thing concept differs in the private law and public law. These constitutional developments can only sometimes be seen as an extension of the narrow thing concept. The implication is that incorporeal objects and rights can therefore be accommodated either within the existing private law paradigm, or within the wider constitutional paradigm. It is also argued that in certain circumstances ad hoc legislation should be introduced to provide the required security and protection. An analysis of the literature indicates that this is the preferable approach, rather than the dogmatic view that incorporeal things, in the form of other rights, are not considered as things. The new public law thing concept will have no influence on the further development of the private law in certain cases, but in combination with the existing theoretical and practical pressures to adopt a wider thing concept, the narrow private law approach could be given the final death-blow. / In hierdie verhandeling word die plek en rol van onstoflike sake binne die nuwe Suid-Afrikaanse sakereg ondersoek. In die Romeinse reg en Germaanse gemenereg is nie net stoflike nie maar ook onstoflike objekte, insluitende regte, as sake beskou. In die vroee Suid-Afrikaanse eiendomsreg (die tydperk tot 1950) is daar 'n wye interpretasie aan die begrip "saak" geheg. Daar is gevolglik verklaar dat sowel stoflike as onstoflike objekte sake is, soortgelyk aan die posisie in die Romeinse en Romeinse-Hollandse reg. Die erkenning van onstoflike sake het 'n terugslag beleef gedurende die vyftiger jare met die resepsie van die Pandektiste se teoriee in die Suid-Afrikaanse sakereg. Die resepsie van die Pandektisme kan waarskynlik toegeskryf word aan skrywers soos WA Joubert en CG Van der Merwe. Hierdie skrywers verkies 'n enger omskrywing van die saakbegrip wat slegs stoflike sake insluit, in navolging van 'n bepaalde interpretasie van die leerstuk van subjektiewe regte. Onstoflike sake word bloot as uitsonderings verklaar. Hierdie eng interpretasie wat aan die saakbegrip geheg word, word egter nie algemeen as korrek aanvaar nie. Verskeie akademici en die Suid-Afrikaanse regspraktyk erken 'n wyer en meer pragmatiese saakbegrip wat onstoflike sake insluit. Desondanks Joubert en Van der Merwe se weerstand teen die erkenning van onstoflike sake, is daar reeds voor Suid-Afrika se nuwe konstitusionele bedeling druk uitgeoefen om die privaatregtelike saakbegrip uit te brei. Kreatiewe wetgewing het in 1971 die lig gesien wat die privaatregtelik saakbegrip uitgebrei het deur die skepping van nuwe grondgebruiksregte. In die konteks van die beskerming van grondregte word 'n funksionele verdeling van eiendomsreg vereis ten einde die konflik tussen individuele regte en die openbare belang te oorkom. Die fragmentasie van grondregte bied aan die grootste moontlike aantal mense die wydste moontlike geleentheid om toegang tot grand te verkry. Behoeftes en probleme ten aansien van grondhervorming is oak by wyse van wetgewing aangespreek deur die erkenning van verskillende regte in grand. Sodoende is verdere druk op die eng saakbegrip geplaas. Teen hierdie agtergrond het die Grondwet van die Republiek van Suid-Afrika 108 van 1996 'n nuwe era in die Suid-Afrikaanse privaatregtelike sakereg ingelui. Binne hierdie konteks staan die verhouding tussen die privaat- en publiekregtelike saakbegrip op die voorgrond. Die Grondwet skep die moontlikheid om 'n wyer interpretasie aan die publiekregtelike saakbegrip te heg. Ons howe het reeds bevestig dat die konstitusionele betekenis van eiendom wyer is as die privaatregtelike eiendomskonsep en dat eiendom as 'n konstitusionele reg nie beperk word tot stoflike sake nie. Die nuwe konstitusionele bedeling se toepassing op spesifieke velde soos new property, arbeidsverwante regte en intellektuele goedereregte moet beoordeel word met inagneming van die feit dat die saakbegrip in die privaat- en publiekreg van mekaar verskil. Hierdie konstitusionele ontwikkelings kan soms as uitbreidings van die eng saakbegrip gesien word en soms nie. Die implikasie hiervan is dat onstoflike sake en regte of binne die bestaande privaatregparadigma of binne 'n wyer konstitusionele paradigma verklaar kan word. Daarword ook geargumenteer dat ad hoc wetgewing in sekere gevalle uitgevaardig moet word ten einde die nodige sekerheid en beskerming te verleen. 'n Analise van die literatuur dui daarop dat hierdie 'n lofwaardige benadering is, wat verkies moet word bo die dogmatiese siening dat onstoflike sake, in die gedaante van ander regte, nie as sake beskou kan word nie. In sommige gevalle sal die nuwe publiekregtelike saakbegrip geen invloed op die verdere ontwikkeling van die privaatreg uitoefen nie, maar in kombinasie met die reeds bestaande teoretiese en praktiese druk om 'n wyer saakbegrip te aanvaar kan dit die eng privaatregtelike benadering 'n finale nekslag toedien. / Private Law / LL.D.

Thesis (MTech (Public Management))--Peninsula Technikon, Cape Town, 2002 / Restitution is a constitutionally mandated programme aimed at redressing the injustices of the apartheid era. Land rights are being addressed via a legal administrative process in order to make some form of reparation. The mission of the Commission on the Restitution on Land Rights is to have persons or communities, in the Western Cape province, who were dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices, restored to such property or receive just and equitable redress. The restitution process is the first programme in South Africa that aims to restore people to the land from where they were dispossessed. The processes and procedures involved are very complex, which could result in slow delivery. The research attempts to determine the impact of monetary compensation as a form of land restitution on the current life-styles of Paarl residents. The research will focus on financially settled claims. The reason for selecting Paarl as a case study was because of the demographics and diversity of the region. This study also includes the history of forced removals in South Africa as well as the local international restitution processes. The study has a descriptive approach. Primary data will be collected by means of questionnaires based on the living standard measurement. The questionnaires will focus on the life-styles of people prior to dispossession and their life-styles after receiving their restitution awards. This study may provide a positive or a negative critique on the restitution process. The study attempted to determine whether restitution provides a better quality of life to the disadvantaged, displaced people of our country and provides an indicator for future similar endeavours.

Being a Dissertation submitted in partial fulfilment of the requirements of the Magister Technologae Public Management to the Department of Public Management and Law in the Faculty of Business at the Peninsula Technikon, 2002 / Restitution is a constitutionally mandated programme aimed at redressing the injustices of the apartheid era. Land rights are being addressed via a legal administrative process in order to make some form of reparation. The mission of the Commission on the Restitution on Land Rights is to have persons or communities, in the Western Cape province, who were dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices, restored to such property or receive just and equitable redress. The restitution process is the first programme in South Africa that aims to restore people to the land from where they were dispossessed. The processes and procedures involved are very complex, which could result in slow delivery. The research attempts to determine the impact of monetary compensation as a form of land restitution on the current life-styles of Paarl residents. The research will focus on financially settled claims. The reason for selecting Paarl as a case study was because of the demographics and diversity of the region. This study also includes the history of forced removals in South Africa as well as the local international restititution processes. The study has a descriptive approach. Primary data will be collected by means of questionnaires based on the living standard measurement. The questionnaires will focus on the life-styles of people prior to dispossession and their life-styles after receiving their restitution awards. This study may provide a positive or a negative critique on the restitution process. The study attempted to determine whether restitution provides a better quality of life to the disadvantaged, displaced people of our country and provides an indicator for future similar endeavours.

This research report examines the potential nature of property rights in space and the need for the development of a cogent framework for the allocation of such rights, within the parameters set by the Outer Space Treaty of 1967. This was done in an effort to avoid the dichotomous commons dilemmas of, the tragedy of the commons, as described by Hardin (1968), and the tragedy of the anti-commons, as described by Heller (1998),(2013), whilst endeavouring to encourage the investment in and the development of, space and its resources by private operators. A review of existing literature across a diverse set of academic fields including economics, space law, and commons dilemmas, led to the development of an a priori framework for the allocation of functional property rights in space. The framework was specifically based on the work of Nobel Prize Winner Elinor Ostrom’s principles for sustainable governance of common pool resources (CPR), the observations on the nature of the anti-commons, as described by Michael Heller and the theory of the decentralisation of governance structures through the polycentric design of governance frameworks. The validity of the proposed a priori framework was tested through in depth interviews with experts in space law, policy development and space related industries. Through the reviewed literature and evidence gathered by this research, it was evident that the debate around the potential nature of property rights in space is still unresolved. However, a consensus view emerged amongst the respondents, that the bundle of functional property rights and roles proposed in the a priori framework were valid and feasibly legal, under the current OST treaty regime, with the exclusion of the polycentric design for the allocation of rights within the framework. / Dissertation (MBA)--University of Pretoria, 2013. / lmgibs2014 / Gordon Institute of Business Science (GIBS) / MBA / Unrestricted

In 1994, South Africa’s political dispensation changed when the African National Congress (ANC) came into power. For most people, that meant that their aspirations and wishes would be fulfilled. The main objective of the new government was to redress past imbalances. The land question was one item on their agenda. In South Africa, land ownership has long been a source of conflict. The South African history of dispossession and forced removals and racially–skewed distribution of land resources has left Africans with a complex and difficult legacy (Christopher,1987).The issue of land had been an emotional issue affecting many people in South Africa. The struggle for land and access to land in South African history gave rise to many conflicts and loss of lives. The restitution of land rights in South Africa has been a highly contentious and emotive issue. The pain, anger and frustration of those affected by the implementation of racially based discriminatory measures of the past, cannot be denied. Confronting and redressing the anguish of the past has proven to be central to the process of reconciliation within a transformed political dispensation in South Africa (South African White Paper on Land, 1991a). The Constitution of South Africa and The Restitution of Land Rights Act (Act No. 22 of 1994) have firmly established the rights to claim restitution in accordance with the provision of justice and equity for all South Africans. During such a long process, it has been noticed in the suburb of Fairview, Port Elizabeth that some claimants ultimately received their land and compensation, some died before they received absolutely nothing and some old, poor and illiterate claimants are still struggling to claim their land or compensation. Fairview was formerly known as Baakens River Farm in 1810. It was situated far from the city centre and formed part of the Walmer Municipality. Initially, it was owned by John James Besny. In 1826 the farmer was bought by John Parkin and he later sold half 2 of it to Robert Newcombe before 1849. Robbert Newcombe named his half of the farm Fairview (Harradene, 2000). In 1933, Fairview became part of the Walmer Municipality. In 1967 Walmer became part of the Port Elizabeth Municipality. Fairview developed as a township of low density and became increasingly heterogeneous in nature. Davies (1971:10) claimed that the largest concentration of properties were owned and occupied by Coloured people, followed by Chinese, Blacks and Indians. The majority of the residents were Coloured. According to Sampson (1994), the plot sizes in Fairview were relatively large, either 0,8 ha or 0,2ha. Sampson also claimed that no business sites were distinguished, but businesses were established by the Chinese on residential plots. During the apartheid era, Fairview was one of the lands declared as a “Controlled Area”. The Group Areas Act also affected Fairview, even though the removal of the people in Fairview was not as pressing as it was to other suburbs due to its location at a relative distance from the city (Davies, 1970). As a result an increase in the Coloured population in Fairview was noticed between 1960 and 1970 as people faced eviction from central city areas such as South End. The people moved to Fairview with the hope that the area would be proclaimed a Coloured area. Unfortunately for those who ran to Fairview, people in Fairview were also removed from 1970s to other areas like New Brighton Location and other areas in Korsten. The last removal of people in Fairview took place in 1984 (Eastern Province Herald, 26 October 1996). After 1994, the introduction of the Restitution of Land Rights Act made provision for the establishment of a Commission on the Restitution of Land Rights and a Land Claims Court to adjudicate all claims lodged with the Commission as from 1 May 1998 (Land Info., 1996). Disputes with land owners over prices, validity of the claims and resistance to give away land, led to referral of some claims to the Land Claims Court. Although some research has been undertaken on Fairview, there is a vacuum of research into the problems faced by claimants in this area. The problems faced by claimants meant that some died while they were still busy with the process and some are still struggling to make a claim, and recently some were successful. 3 The focus of this study is to examine the process of the Fairview land claim, and as a recommendation, I wish to come up with suggestions for making the process easier for claimants.