No abstract available Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

Thesis (M.A.) --University of Limpopo, 2008. / The study analyses some of the translation problems of terms from English to Xitsonga, taking into consideration the translation work done thus far with special reference to South African law. The study is divided into six chapters: Chapter one is the introduction. It indicates the aim and rationale behind its study. It also highlights the methodology to be used, scope, terminological work done thus far and a brief definition of significant themes that are of importance to the study, which include “Terminology, Language for General Purpose, Language for Specific Purpose, Translation, Semantics and Indigenous law”. The chapter will also have a summary. Chapter two outlines some of the translation problems of terms from English to Xitsonga. In order to achieve this, the study will look into some of the translation work on terminology done thus far. A summary to the chapter will be given. Chapter three is about some of the terminology of the South African Law, where the translation problems outlined in chapter 2 will guide with the translation of the terminology of this law. These terms will be defined in English, summarised in Xitsonga which will then assist with the equivalents of these terms in Xitsonga. The chapter will also be summarised. Chapter four gives the summary of all the terms which have been used to bring forth this analysis, guided by the translation problems found in chapter 2. A summary to this chapter will be given. Chapter five is the general conclusion of the study and recommendations. Chapter six lists cited materials in the study. / University of Limpopo.

Environmental Impact Assessments ("EIA") have been regulated for the last 12 years in South Africa, initially through the Environment Conservation Act 1989, and since 2006 through the National Environmental Management Act 1998 ("NEMA"). The former applied the standard of "substantial detrimental effect" to the environment in determining whether an authorisation should be granted. NEMA requires the authority to take into account environmental management principles. These principles inter alia require that development must be socially, environmentally and economically sustainable. This is also known as sustainable development ("SD"). Administrative officials tasked with considering EIAs have been given legislative direction with respect to the environmental issues which need to be assessed. They have been given no direction on how to assess socioeconomic issues. Notwithstanding this there have been an increasing number of decisions based on socio-economic factors, notwithstanding that the environmental impacts have been determined to be acceptable. In Fuel Retailers Association of South Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province and Others the Constitutional court held that SD must be applied by environmental authorities when they consider applications for EIA authorisation. However a careful analysis of NEMA and the Constitution of the Republic of South Africa, 1996, highlight that our administrators and courts have adopted a one dimensional and ultimately inaccurate interpretation of the application of SD. This is prejudicing the fulfilment of the objective of EIA, namely the determination of the acceptability of a project's environmental impacts. Whilst SD does have a role to play in the EIA process it is more defined, and does not take the central role the Constitutional Court has indicated. The aim of is to determine whether there are adverse impacts associated with a project. If there are, then ordinarily authorisation should be refused. However the authorities are enjoined to go a step further. They must determine whether the identified adverse impacts can be satisfactorily mitigated, and whether any positive socio-economic factors would accrue Page (iii) should the project be authorised. If both are answered in the affirmative, then a positive decision is appropriate. This is the balance which NEMA calls for, and this is the correct application of SD in an EIA. The broader application of SD espoused by the Constitutional Court is achieved not through the environmental authorities in the EIA process alone, but through the constitutional principle of cooperative governance. All authorities with an interest in a particular project must apply the principle of SD within the scope of their administrative functions. The environmental authorities consider the environmental impacts, the planning authorities consider the socio-economic impacts, the agricultural authorities determine the project's impacts on agricultural land, etc. The outcome of their individual decisions can then collectively be assessed to determine whether a project is sustainable or not. There are various measures which can be employed to address the interpretational deficiency which has now manifested. These include improving cooperative governance principles and practices in decisionmaking; undertaking strategic environmental assessments; and a dedicated Sustainable Development Act. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

No abstract available / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

In 2005 the Constitutional Court was faced with a challenge on the infringement of section 26 of the Constitution which provides for the right to housing, in sales in execution. The court had to determine whether selling a debtor's home for a trifling debt would be justifiable. However, the decision of the court brought about many questions if such a similar case was to be brought under insolvency law. The South African system provides little or no protection for debtors who may find themselves in a situation where they are unable to pay their debts and stand to lose their homes. The court provided guidelines that should be taken when a home of the debtor is to be sold thus preventing a blanket ban. The approach taken by the courts ensure that both the debtor and creditors interests are taken into account in order to reach a just and equitable decision. Many factors have to be considered such as interests of children, creditors and any other dependants in the case of one facing sequestration and the possibility of the home being sold. However, South African law does not provide for formal protection of the debtor's home unlike in other jurisdictions such as the United States of America and England. These jurisdictions have either provided for exemption or protection laws through legislation in which such laws provide for a debtor's fresh start. International human rights also have to be taken into account thus the need for updated legislation that conform to the values entrenched in the Constitution. The English system developed its legislation to provide for home protection through case law, a similar approach of which could be taken by South Africa to bring the insolvency law up to date. There is need for our insolvency legislation to provide for clearer guidelines that enable a debtor to have a fresh start in life at the same time ensuring that creditors' rights are not infringed on. The English system aims to provide for such balance as it provides for protection for a limited duration of time unless if the value of the home is of a low value then it is exempt. The South African courts have also considered the creditor's interests were the home is subject to security as there is re luctance on providing that such property be exempt or protected. The sanctity of a contract has to be honoured. / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

No abstract available / Dissertation (LLM)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted

This dissertation deals with the minimum age of criminal capacity (which is currently set at 10 years in terms of the Child Justice Act 75 of 2008). It deals in particular with the question of whether the minimum age of criminal capacity should be raised and if so, whether the presumption of doli incapax should be retained. A consideration of the relevant international instruments shows that the situation as it currently stands in South African law is not internationally acceptable. South Africa is failing to comply with the obligations which it incurred through the ratification of the United Nations Convention on the Rights of the Child and with the current international practice pertaining to the minimum age of criminal capacity. The current minimum age of criminal capacity is simply too low. The question of whether the presumption of doli incapax should be retained is also dealt with. The problems that are being experienced by its application in practice (inter alia the difficulties in the assessment of criminal capacity by mental health professionals and the possibility of an over reliance on prosecutorial discretion) leads to the conclusion that the “protective mantle” which the presumption was intended to provide no longer exists. Copyright / Dissertation (LLM)--University of Pretoria, 2011. / Private Law / unrestricted

No abstract available. / Dissertation (MEd)--University of Pretoria, 2010. / Education Management and Policy Studies / unrestricted

Thesis (LLD (Mercantile Law))--University of Stellenbosch, 2011. / ENGLISH ABSTRACT: Groups of companies are part of the realities of the modern economic system. Despite the fact that such groups often function as a single economic entity, the legal point of departure remains that each company within the group of companies is a separate juristic person. The result of this is that a creditor of a company within the group can, in principle, only enforce his claim against the company which he contracted with or which caused him harm. Should he wish to claim from the holding company or other solvent companies within the group, he would have to rely on an exception to the doctrine of separate juristic personality, viz the possibility of piercing the socalled corporate veil. This dissertation is a comparative study of the extent to which the law protects a creditor of an insolvent company within a group. The applicable laws of Australia, Germany, New Zealand, the United Kingdom and the United States of America, were investigated and compared to the South African position. The dissertation concludes that the South African legal treatment of the problem is unsatisfactory and that the law should be amended through appropriate legislation. / AFRIKAANSE OPSOMMING: Maatskappygroepe is realiteite in die moderne ekonomiese wêreld. Ten spyte van die feit dat maatskappygroepe dikwels een ekonomiese entiteit vorm, huldig die reg die standpunt dat elke maatskappy binne ‘n groep maatskappye ‘n aparte regspersoon is. Die gevolg van hierdie standpunt is dat ‘n skuldeiser van ‘n maatskappy binne ‘n groep in beginsel slegs ‘n eis het teen die maatskappy met wie hy gekontrakteer het of wat hom skade berokken het. Indien hy ‘n eis teen die houermaatskappy of ander solvente maatskappye binne die groep wil instel, moet hy steun op ‘n uitsondering op die leerstuk van aparte regspersoonlikheid, te wete die moontlikheid om die sogenaamde korporatiewe sluier te deurdring. Hierdie proefskrif is ‘n regsvergelykende ondersoek van die beskerming van ‘n skuldeiser van ‘n insolvente maatskappy binne ‘n groep. Die toepaslike reg van Australië, Duitsland, Nieu-Seeland, die Verenigde Koninkryk en die Verenigde State van Amerika word ondersoek en vergelyk met die Suid-Afrikaanse regsposisie. Die proefskrif kom tot die gevolgtrekking dat die Suid-Afrikaanse regsreëling onbevredigend is en deur geskikte wetgewing gewysig moet word.

Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not effectively facilitate international commercial arbitration. The Act was primarily designed with domestic commercial arbitration in mind and therefore it is of limited assistance in the international commercial arbitration sphere. The United Nations Commission on International Trade Law3 has developed the Model Law on International Commercial Arbitration.4 This Model Law or variations thereof can be adopted by a country to regulate international commercial arbitration.5 Many countries choose to adopt the Model Law. The reasons vary but some are that the country’s own arbitration laws were out–dated and needed replacement. The Model Law has proved to be effective and it has become a benchmark for good arbitration legislation.6 Some countries have even adopted the Model Law for use in domestic commercial arbitration disputes. The South African Law Commission7 published a report in 1998 dealing with the possible application of the Model Law on international commercial arbitration in South Africa. It drafted a Draft Bill on International Arbitration (not as of yet promulgated) based on the Model Law.9 One of the points of discussion in the report of the Commission was whether the Model Law should also be made applicable to domestic commercial arbitration in South Africa. The conclusion was that domestic and international arbitration should be dealt with separately and that the present Act regulating domestic arbitration should be amended but not replaced by the Model Law. This implies two arbitration regimes: the International Arbitration Act (dealing only with international commercial arbitration); and the Arbitration Act (dealing only with domestic commercial arbitration) After the Commission’s report had been studied and South Africa’s legal position had been compared with Australia’s legal position, it is conlcuded that Australia is a good example to follow in regard to arbitration practices. It is, however, important to keep South Africa’s own background in mind. A good point made by Australia, is the fact that international commercial arbitration legislation and domestic commercial arbitration legislation, should be kept separate. This will bring about effectiveness and clarity for the users of the said legislation. Furthermore, as end conclusion, the Commission’s view is not favoured in regard to the fact that South Africa’s domestic arbitration legislation should not be based on the UNCITRAL Model Law. It would be a good idea to follow suit with Australia and base both South Africa’s international and domestic commercial arbitration legislation on the UNCITRAL Model Law. / Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.