This dissertation focuses on indirect discrimination against women in employment. It briefly examines the causes of discrimination against women in the workplace. Further it explains the concept of indirect discrimination by tracing its origins in the United States of America and analyses the development of the law of indirect discrimination in the United States until the introduction of the Civil Rights Act of 1991. This analysis involves an examination of the elements involved in proving an indirect discrimination claim and the problems experienced in doing so. The British indirect discrimination laws and cases are then examined to the extent to which Britain deviates from the American approach. The comparative law discussion will indicate the problems that have become an inherent feature of indirect discrimination cases. The problematic nature of proving indirect discrimination necessitates a discussion of the common types of conditions and requirements that indirectly discriminate against women. It is against this background that the present South African legislation on indirect discrimination in employment is analysed and case developments reviewed. Finally, the proposals of the Green Paper on Employment Equity are examined. The recommendations for the introduction of a comprehensive discrimination statute; the introduction of an independent commission; and the formulation of a Code of Good Practice that will provide guidelines to employers, are supported. Further, recommendations are made for a flexible discrimination legislation that provides a broad legal framework which allows for development of the law; the necessity to address issues regarding administration and costs involved in implementing this legislation; the introduction of additional funtions of the independent commission relating to training and access to the law; and the adoption of a statutorily enforced affirmative action policy that addresses the inequalities faced by women in employment. / Thesis (LL.M.)-University of Natal, Durban, 1998.

The main premise of this treatise is to discuss the Mauritian Law of Procedural Fairness within the context of Dismissal for Misconduct: A comparative study with the South African Doctrine of unfair Labour Practice. It analyses in detail the types of misconduct that eventually leads to the dismissal of an employee. The dismissal has not only to be substantively fair but also procedurally fair. To support the views expressed in the research, reference has been made to labour law cases decided mainly in Mauritius and South Africa. There are, however, references to other jurisdictions such as India, England, Australia, Namibia. The major constraint that the researcher encountered was the unavailability of decided cases referred from the Industrial Court of Mauritius. Most of the cases referred to in the Mauritian context are the Supreme Court decisions on dismissals due to misconduct. Thus for lack of relevant cases in Mauritius, there is a heavy reliance on cases decided in South Africa and other jurisdictions. These references have constructively enhanced the legal dimension of the topic under discussion. / Thesis (LL.M.)-University of Durban-Westville, Durban, 2001.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1998.

Work plays a dominant role in modern society. It is through work that the economic well being of any society is sustained. Workers who perform various tasks contribute to the well being of society as well as to their betterment as individuals. Thus paid employment has assumed a prominent role in modern society. It is an incentive on individuals to contribute to socio-economic welfare, while their needs and aspirations as individuals are also satisfied. But for an orderly society to exist, there has to be a subjection of some members of society by others, a division between those who have the social mandate (express or tacit) to exercise power for and on behalf of others. Thus work relations comprise those who exercise managerial power(employers) and those subject to managerial power (employees). In broader political relations, the task of social management is performed by the state. However those exercising managerial functions do not have unfettered discretion. Power should be exercised within acceptable social limits and be used to achieve realistic social goals. Thus it has been felt that the laws should always ensure that the incumbents of governmental power do not exceed the scope of their power or abuse it. Hence the process of judicial review. This gives the courts the power to review the decisions of administrative authorities in order to protect individual citizens who might be adversely affected by bad administrative decisions. This analogy has been applied in employment relations in order to protect individual employees against arbitrary dismissal by employers. It has been held that an employee cannot be dismissed without a valid reason and in compliance with a fair procedure. The question asked here is whether this is sufficient to ensure substantive employment protection. Is judicial review really effective in employment relations? It is observed that judicial review in labour law has many limitations as compared to the administrative law context. First, it comes face to face with the problem of the public/private law distinction, which holds the employment relationship to be fundamentally a private relationship between the employer and employee. This complicates the application of public law remedies in supposedly private relations, where the parties are assumed to have freedom of contract. The second problem involves the debate as to whether the state should impose many restrictions on the modern corporation or there should be minimal state intervention to allow the corporation to function in accordance with the labour market demands and economic necessity. It is concluded that the law of unfair dismissal has consequently been put in a dilemma. While the need has been perceived to curb the arbitrary use of managerial power by employers, substantive employment protection can hardly be guaranteed. The problem seems to be that of striking the balance between the interests of employees, employers and society at large. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1995.

The value underlying privacy lies in the fact that it mirrors the very idea of human dignity and the protection of the personal realm. However operational requirements of employers and advancements in science and technology continuously challenge the notion of privacy in the workplace. Employees all over the world are victims of a number of privacy invasive measures including, but not limited to drug testing, background checks, HIV/AIDS testing and polygraph testing. Present day advancements in technology and science make the recognition and protection of the right to privacy even more urgent. The concept of privacy in the workplace has grown in importance as technology has enabled sophisticated forms of testing and monitoring of employees. As a result of these advancements a deep tension has arisen between two conflicting sets of principles. Consequently the rationale for this study is to strike a balance between the employee’s right to privacy and the employers right to conduct his or her business as he or she deems fit. This will be done through an analysis of a number of practices adopted by the employer in the workplace of which contribute to the infringement. Further the admissibility of such evidence procured by the employer through these practices will be interrogated. This is a significant issue as scientific and technological advancements have a very tangible impact on the wellbeing of employees. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

This thesis compares the arrest-of-ship proceedings of the Republic of South Africa and the Federal Republic of Germany. In German law the more than a century old provisions of the Code of Civil Procedure (as amended) are applicable, in South Africa the major statute is the Admiralty Jurisdiction Regulation Act of 1 November 1983. South Africa has special Admiralty Courts having jurisdiction in arrest matters. When issuing the arrest in Germany, jurisdiction is vested in the court dealing with the principal matters, as well as in the Magistrate Court (Amtsgericht) in which district the property (such as the ship which is to be arrested) is located. Both German and South African law provide that a creditor who wishes to arrest a ship must have a "claim for an arrest." In South African law such a claim is called a "maritime claim." South African admiralty law contains some special and even unique provisions such as those regarding the arrest of an "associated ship." These provisions attempt to defeat the strategy against sister-ship-arrests and enable the courts to arrest ships owned by the person who was the owner of the ship concerned at the time the maritime claim arose. The court can also arrest a ship owned by a company in which the shares were controlled or owned by a person who then controlled or owned the shares in the company which owned the ship concerned. Ships will be deemed to be owned by the same Persons if all the shares in the ship are owned by the same persons. A person furthermore will be deemed to control a company if he has the power to control the company directly or indirectly. Deviating from common law principles which require the physical presence of the property to be arrested, the South African courts can order anticipated arrests of a ship not yet within the area of jurisdiction of the court at the time of application. Such an order may be brought into effect when the property (in this case, the ship) comes within the area of jurisdiction of the court. The same principle is applicable in German law and does not contravene para 482 HGB because this provision only prohibits placing a ship under distraint and not the order for an arrest. In German law an action in personam is only directed against a person whereas in south African law a res, eg a ship or her bunkers, is the object of the admiralty action in personam. The Admiralty Jurisdiction Regulation Act of 1983 attempts at uniformity with international law as it is based on several existing laws and international conventions, for example the International Convention for the Unification of Certain Rules Relating to Arrest of Seagoing Ships of 1952. Unlike Germany, South Africa is not, however, a signatory to the International Arrest Convention of 1952. When applying German law, it has to be noted that Germany has ratified the Convention on Jurisdiction and the Enforcement of Judgments in CiviI and Commercial Matters of 1968 (the EEC-Convention) - this is particularly so when trying to enforce the arrest of ships. Regulations Concerning the limitation of liability in South Africa can be found in ss 261 to 263 of the Merchant Shipping Act of 1951. In German law limitation of liability is codified in paras 486 to 487e of the Commercial Code (HGB) with reference to the International Convention on Limitation of Liability for Maritime Claims of 1976 (the 1976 Convention). This thesis shows that in certain fields South African and German provisions do not deviate or are at least substantially similar. This fact makes the application of both laws easier for litigants and lawyers, either for South Africans in Germany or Germans in South Africa. / Thesis (LL.M.)-University of Natal, Durban, 1988.

The pathetic cry 'Who is my father?' has been asked time and again the world over. Discovery of paternity, linked as it is with the processes - legal and scientific - of establishing the alleged father's relationship on a balance of probabilities is a very real problem in the field of family law in South Africa. Blood tests have proved to be one aid in its solution. However, the application of such tests carry with them their own specific difficulties, most notable from the point of view of the lawyer is the extent of the authority of the court to order such tests, the interpretation of the test results and the role and emphasis that should be given to the results of the blood tests in the final determination of each case. Lawyers have to be wary and avoid falling into the trap of the layman who has the distinct tendency to accept unquestionably anything backed by scientific authority. / Thesis (LL.M.)-University of Durban-Westville, Durban, 1994.

The 2003 UNESCO report indicated that the HIV/AIDS pandemic contributes to rapid breakdowns of existing structures that traditionally took care of the development of young children. There must be strategies to provide support, care and guidance to young children, families, parents and care givers that are directly or indirectly affected by HIV/AIDS. This is classified as interventions at the local level. There must be a conducive policy environment that allows safety nets and strategic interventions to take place, to grow and be inclusive (UNESCO, 2003:18). The death of parents and other family members leave children in a vulnerable state, some of whom enter the school system and are at the mercy of others. School based HiV/AIDS policies and programmes are necessary to protect these children. A two phase research design incorporating quantitative and qualitative methods was utilized in this study. The first part of this study was quantitative (audit of HIV/AIDS policies in 23 schools) and the second was qualitative, which comprised 2 focus group interviews. Findings from the quantitative audit from phase one of the study indicated that while primary schools attempted to comply with the National Schools policy on HIV/AIDS (DoE 1999), policy formulation, policy involvement, policy implementation (action plan) and policy review have not been conducted as per policy directives. Four major themes and various sub-themes emerged from the phase two qualitative focus group interviews with participants from two primary schools. Process of policy formulation and implementation, school based HIV/AIDS action plans, support mechanisms and challenges emerged as the factors associated with the formulation and implementation of school based HIV/AIDS policies in the Umgeni North Ward. Much of the phase one data is triangulated with data from phase two, hence the triangulated methodology. This study confirmed that in some schools, a fragmented relationship between the important stakeholders exists. This leads to the needs of those infected and or affected by the epidemic being treated in a vacuum. Hence, other intervention strategies are necessary. Institutional resources (educator support teams, funding, human resource and school nurse) as well as working closely with other departments are support mechanisms that can assist schools where children are infected and affected by the epidemic. In light of this, HIV/AIDS related problems pose a dilemma for educators to handle. Educators feel insecure as a result of lack of training, lack of support, poor policy directives and a lack of support mechanisms in the school environment to deal with HIV/AIDS related problems in the school context. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

This dissertation focuses on how important factors such as gender inequalities and gender vulnerabilities contribute to fuelling the spread of HIV/AIDS. The study focuses on a community in Phoenix, called Clayfield. The study examines aspects of masculinity, sexual relations, socio-economic vulnerabilities and domestic violence and demonstrates how these elements predispose women and girls to HIV infection. As a result of gender inequalities and imbalances, women are vulnerable to HIV infection. The study also explores how risky behaviour, by both men and women, can escalate women's vulnerability to the disease. The central argument engages discussion on crucial issues around gender imbalances and vulnerabilities. The study concludes with recommendations pertinent to challenging present gender-based initiatives and interventions, and suggests possible gender-sensitive strategies that could assist in curbing the spread of the disease. / Thesis (LL.M.)-University of KwaZulu-Natal, Westville, 2007.

The purpose of this thesis is to explain and evaluate the law concerning compensation for tanker-source oil pollution damage under three different liability regimes: (a) the International Convention on Civil Liability for Oil Pollution Damage, 1969 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 including the Protocols of 1976, 1984 and 1992 to these Conventions. (b) the Tanker Owners Voluntary Agreement concerning Liability for Oil Pollution (TOVALOP) and the Contract Regarding a Supplement to Tanker Liability for Oil Pollution (CRISTAL) as at the 20th February, 1994. (c) the United States Oil Pollution Act of 1990 and U.S. State Legislation. In this context the thesis explains inter alia the evolution of law from fault to no-fault liability and from limited to increasingly limitless liability. The thesis examines the notion of damage eligible for compensation, for example, ecological and pure economic damage. Conclusions are reached as to the role increasingly stringent liability provisions may have on the quality of the tanker-process. The impact that the U. S. Oil Pollution Act 1990, and associated U.S. state legislation may have on the international pollution regimes covered by the various international Conventions and associated voluntary agreements is also discussed. / Thesis (LL.M.)-University of Natal, Durban, 1994.