One of the chief principles of company law is that a company is a separate legal personality and that the liability of a member in a company, limited by shares, is limited to the amount, if any, unpaid on his shares. A problem down the years has been to prevent these principles being exploited by the controllers of the company, largely its directors and thereby to protect creditors of the company. Although judges have at times regarded certain companies whose misdemeanours have come under the_ spotlight as a 'cloak' and a 'sham', 1 the fact remains that a company as a separate legal personality comes into existence on the date of incorporation and that no recourse can be f6unded on the proposition that a company's misdemeanours cause it ipso facto to forfeit its existence. The most important statutory incursion into the principle of the separate personality of a company is contained in what are commonly known as the fraudulent or reckless trading provisions of the Companies Act 61 of 1973, namely s 424. This provision replaces s 185 bis (1) of the Companies Act 46 of 1926 which was derived from what is presently s 630 of the Companies Act (1985) of the United Kingdom (s 332 of the Companies Act 1948) which is still limited to fraudulent trading only.

The doctrine of common purpose, which hails from English law, was introduced into South African law via the Native Territories Penal Code. The first South African criminal case in which this doctrine was applied outside the field of application of the abovementioned act, was Ry Garnsworthy, where it was formulated as follows: Where two or more persons combine in an undertaking for an illegal purpose, each one of them is liable for anything done by the other of others of the combination, in the furtherance 'of their object, if what was done was what they knew or ought to have known, would be a probable result of their endeavoring to achieve their object.5 According to Visser and Vorster,6 this doctrine was probably imported into our law due to difficulties experienced in 1 D XLVIII.8.17: 'If a man dies after having been struck in the course of a quarrel, the blows of every one who took part in this should be investigated' - own translation. 2. Section 78 of the Native Territories Penal Code Act 24 of 1886 (C) provided: 'If several persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of such common purpose, the commission of which offence was, or ought to have been, known to be a probable consequence of the prosecution of such common purpose.' (Quoted in Rabie "The doctrine of common purpose" (1971) SALJ 229.) See also R v Taylor 1920 EDL 318 323.

Thesis looking at the nature and scope of the contemporary maritime liens in South African Admiralty Law.

On charges of murder or assault, it often appears that the accused's aggression was immediately preceded by provocative behaviour e.g. taunts or insults by the victim which induced anger or rage in the accused and which gave rise to his aggression. The present study aims to address the question whether, in South African law, a defence is available to an accused in such cases. Since the issue of provocation in South African law usually arises in homicide cases, this study will be restricted to such cases. It will be shown that, during the past couple of decades, the South African law relating to provocation has undergone significant development. In 1925, the Appellate Division declared s 141 of the Native Territories Penal Code to be an accurate reflection of the South African law relating to provocation. In terms of this section, provocation could operate as a partial defence on a charge of murder: where an accused successfully raised the defence he would be convicted of culpable homicide. Recently, however, it has become clear that provocation may operate as a complete defence, resulting in an accused leaving the court as a free person. It will be argued that the above development reflects a general shift in our law, starting in the 1950's, from a policy-based to a principle-based approach to criminal liability.

A Dissertation Submitted to the Faculty of Arts University of the Witwatersrand, Johannesburg for the Degree of Master of Arts. / Thesis examines cultural expressions and community attachment, and their relation to each other, in the creation and maintenance of urban identity. In examining this, the thesis considers a number of key cultural forms in Sharpeville such as boxing, football, musicial performance, youth. gangs, and styles of dress. It argues that, conceptually, "community" is never static; rather it is a state of existence, a perception, for a grouping of people. At a given time they may consider themselves to be collectively part of or constitute a community; at another, their attachments may be to a different entity - the local neighbourhood, for example. The empirical data was derived mainly from primary sources although due to the historical time-period examined - namely 1943 to 1985 - there was some reference to secondary sources. The research involved mainly in-depth interviews and participant observation. By administering a questionnaire, "key" informants within the various cultural areas examined were identifed and interviewed at length, sometimes more than once. The thesis argues that "communities" only gain a sense of cohesion, "identity" and unity at certain specific historical moments; at other times the cultured focus within them may in fact express quite other meanings than those of "community" for their members. This identity is seen thus as both a product of the structural features which inform, influence and even dictate its direction as well as the responses and actions of the residents themselves, in shaping its outcome. / Andrew Chakane 2018

Submitted in partial fulfilment of the requirement for the degree of Master of Laws by Coursework and research report at the University of the Witwatersrand, Johannesburg, 2018 / This research report seeks to interrogate whether some of the notable limitations which led to the dismal failure of the Judicial Management as a corporate rescue mechanism effectively remain subversive to the business rescue procedure which is intended to prevent the same experiences of the past. The research will thus be limited to the consideration of only those limitations which were problematic under Judicial Management and yet appear not to have been sufficiently addressed by Chapter six of the Companies Act 71 of 2008. It will be acknowledged that the business rescue procedure stands to be largely progressive. However, the bulk of this research is intended to show that the complicated nature of the business rescue provisions coupled with some drafting oversights on the part of the Legislature leaves the procedure vulnerable to the same issues which affected its predecessor. Specifically, the imprecise and complicated nature of sections 131(4) and 133(1) of the 2008 Companies Act makes the procedure vulnerable to judicial conservatism, the same challenge which was most contributory to the failure of Judicial Management. This has in turn resulted in several inconsistent decisions in the interpretation of these provisions which causes unnecessary uncertainties deleterious to the intended purpose for which the business rescue mechanism was enacted. / XL2019

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Magister Scientiae (Biodiversity and Conservation Biology) - MSc (Biodiv and Cons Biol) / Kingklip (Genypterus capensis) and monkfish (Lophius vomerinus) and are ecologically and economically important demersal fish species that are found along both the eastern and western parts of southern Africa’s coastline. Despite their commercial value, limited information exists focusing on the trophic ecology of these two species. This is the first study to make use of both stomach content analysis and stable isotope analysis to directly compare and examine the trophic ecology of G. capensis and L. vomerinus off the West and South coast of South Africa. / 2022

Magister Artium (Psychology) - MA(Psych) / Apartheid created deep-rooted emotional scars of inequality, discrimination, and racial tension within the South African population. Literature regarding the population of contemporary South Africans remains, to some extent, divided by racial lines (Naidoo, Stanwix, & Yu, 2016; Harris, 2016). Since caregivers are the main socialisation agents influencing adolescents this research study sought to explore caregivers’ experiences of apartheid as a means to create an understanding of the views and perspectives of apartheid that are relayed by South African caregivers to their children.