Thesis (J.C.L.)--Catholic University of America, 1985. / Typescript. Includes vita. Includes bibliographical references (leaves 76-82).

"An expansion of a doctoral dissertation submitted at Harvard University." / "Awarded the David A. Wells prize for the year 1912-13, and published from the income of the David A. Wells fund." Includes index. Bibliography: p. 465-479.

Text in Afrikaans / Die artikel bepaal welke regsgevolge voortvloei indien 'n saamwoon-verhouding tot 'n einde kom. Daar word eerstens na die posisie in Engeland gekyk met verwysing na vererwing, gesinsgeweld, 'n deliksaksie weens verlies aan onderhoud, verdeling van eiendom en minderjarige kinders. Daarna word die posisie in Swede in oenskou geneem op dieselfde basis. Laastens word die regsposisie in Suid-Afrika bespreek. Die gevolgtrekking is dat saamwoners hier te lande swakker af is as in meeste ander Westerse lande. Die howe hier het nag min leiding gegee oar die klassieke saamwoonverhouding se implikasies. Gevolglik weet saamwoners nie presies wat hulle te wagte kan wees indien so 'n verhouding eindig nie. Enkele voorstelle vir regshervorming word verskaf. / The purpose of the article is to ascertain which legal consequences follow when a "common law" marriage is dissolved. Firstly, the position in England is evaluated with specific reference to inheritance, family violence, a delictual action for loss of support, division of assets and minor children. Thereafter the position in Sweden is evaluated on the same basis. Lastly, the position in South Africa is discussed. It is concluded that participants to a common law marriage in South Africa do not enjoy the same protection as in most other Western countries. The Courts have given little assistance in this regard. Consequently people that live together cannot be certain of the consequences when their relationship is dissolved. Suggestions are provided for legal reform: / Private Law / LL. M.

LL.M. / Please refer to full text to view abstract

M.Ed. / The year 1999 was one of the worst in as many years in terms of the number of disciplinary cases adjudicated over by the Directorate Labour Relations at the Gauteng Department of Education (hereafter referred to as GDE). A total number of 395 disciplinary cases were lodged with the GDE between 1999 and 2000 and these were serious charges such as: fraud, theft, insubordination, corporal punishment, negligence to sexual offences (Annexure A , GDE Internal Memo, 2001 ). This situation is not unique to the Gauteng Province only but is even worse in other provinces, where communities have gone on the rampage accusing some educators of impregnating their children, not providing quality education for their children and mismanagement of school funds. (Sapa. 2002. Natal Witness 23 January 2002, p 1.Thompson K. 2000. The Citizen 7 August 2000, p 9. Shillinger K, 2002. Mail and Guardian. 15 November to 21 November 2002, pp 2-3.) Ms. Patricia Boikanyo, a spokesperson for the North West Education Department reported that about 133 cases were lodged with her department between the period 2000 to 2002. She further indicated that about 34 educators had been expelled in the same period for crimes ranging from murder, attempted murder, assault, selling examination reports, absenteeism, neglecting duties, intimidation and pointing a firearm. She also reported that about 13 educators were expelled for having sexual relationships with learners, and some of these victims were junior primary school learners (Mfoloe M. 2003. Sowetan, 25 March 2003, p 6). The media on the other hand launched a scathing attack on the Department of Education (hereafter referred to as DOE) for not dealing decisively with educators who continuously disregard the law. “Rape is largely a risk-free activity, says an internal government study. And the rape of Angela (not her 1 real name) once again reveals a disturbing pattern of contempt for the victims, complacency in the justice system, and negligence on the part of those responsible for protecting society’s most vulnerable member’s ” (Shillinger, 2002: 2-3.) “Thirteen year old Dudu Khumalo (not her real name) has been failed by the system. Teacher Manalla Msetho (not his real name) has been accused of rape.” (Shillinger, 2002: 2-3.) (Mfoloe, 2003:6). These are some of the stories carried in the media. The DOE on the other hand embarked on a process of amending the E of EA to include a new section 17 acts of misconduct which carried a mandatory sanction of dismissal when found guilty. This was largely as a response to the many concerns raised by not only the media but also all the stakeholders within the education sector. / Prof. T.C. Bisschoff

The organisation of this thesis is thematic, in order to disentangle the complexity and significance of the poor laws in a local area. It is a local study of poverty and the operation of the poor laws. The aim of this detailed survey is to consider the role of poor law administration in Surrey within the national context, and by examining the operation of the poor law at the parish level, to understand the experiences of real people, both ratepayer and the poor. The thesis also considers whether the old poor law was fundamentally defective or whether it can be viewed as a valid response to increasing poverty. It stresses, the relationship between the central and local authorities and the administration of poor relief in rural Surrey outside the Metropolitan area and the hundred of Brixton, Wallington and Kingston for the period 1815–1834 (see Map 1.0). It recognises that before 1834, variety rather than uniformity characterised the administration of poor relief in England and Wales. It also argues, that power and authority, within the English state was the product of negotiation between the centre and the localities. Chapter One deals with the historiography of the old poor law and chapter Two considers the decline of rural industry in Surrey, coupled with continuing economic problems in agriculture and falling demand for labour, which had a devastating effect in rural parishes. Chapter Three details the administrative system of poor relief during a period that saw costs of relief rise, while Chapter Four examines the operation of the relief system at parish level outside the workhouse. Chapter Five examines the provision of indoor relief in Surrey, and Chapter Six considers the position of the ratepayers and their ability and willingness to pay increased poor rates, at a time of agricultural depression combined with rising unemployment. Chapter Seven considers the position of the labourer, when endemic poverty meant that a labourer’s ability to provide for his family without asking the parish for assistance was more a matter of luck than personal industry. Seasonal unemployment exacerbated the situation, forcing farm workers on to the parish for assistance, especially in winter months. Chapter Eight considers the unrest of 1830–32, the so-called Swing Riots. Many studies of poor law only make fleeting reference to the riots. This study sees the disturbances as an integral part of the work and includes a detailed investigation into the riots within the social and cultural context. In Surrey, as in other parts of rural southern England, they took place against the background of the progressive pauperisation of labourers, when parishes were finding it more difficult to provide relief for the growing numbers of unemployed, able-bodied agricultural labourers. Labourers saw the riots as a rising against unemployment and the abuses of the poor law system that seemed unable to provide sufficient relief for their needs. The thesis ends by examining the reaction of the parishes immediately after the riots before the introduction of the 1834 poor law, when attempts were made at parish level to alleviate the situation and to stop further unrest.

M.Phil.

LL. M. (Intellectual Property Law) / Throughout the history of mankind and the countless ages in which law has found a voice, there has existed a need to achieve and maintain a balance between conflicting interests. In this everchanging and dynamic society the need for a balance is paramount. Although it may seem that the various conflicting interests are predominately of a private nature, many of these conflicting interests have consequences that have a salient impact on social welfare. One such branch of the law in which conflicting interests between various interested parties surface is patent law, and the controversial issue of software programs. The current socio-economic environment has experienced exponential technological growth, with substantial advancements not only in the field of hardware but also in the field of software. However, this same rapid growth is not always true when it comes to the law which, in certain fields may be remarked to unfortunately be lagging behind in the degree of protection it affords. The consequences of this may be dire in the case of technological developments, for it is the protection afforded that is in part responsible for the advancements in technology. This once again draws into account the fine line in the balance of rights between various conflicting interests, namely the protection of an individual’s creativity versus that of social welfare. In certain cases, regardless of how innovative or unique certain discoveries or developments may be, if they are important to the social welfare, then an individual’s rights or need for protection must give way. Having said this, one needs to evaluate where software programs fall within this delicate balance of rights. The legal position with regard to software programs in South African intellectual property law is found within the legislation. Namely, the protection afforded to software programs in the Copyright Act,1 and the exclusion of protection in the Patents Act.2 In light of this, why software programs are expressly excluded from protection in the Patents Act will be analysed. It will also be determined if, and to what extent, the Patents Act can be said to afford protection to software

No description available.

Magister Legum - LLM / No abstract available. / South Africa