No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1999.

The aim of this dissertation is to carry out the following: • Discuss the concept of residency in South Africa and the evolution to the residence basis of taxation in South Africa. • Examine the Organisation for Economic Co-operation and Development's (OECD) stance on the concept of 'effective management'. • Examine the laws of the United Kingdom, certain European countries and Australia with regard to the concepts of 'management and control', 'management or control', ' place of effective management' and 'effective management'. • Formulate a definition of the term 'place of effective management' in South Africa using these guidelines obtained from the various countries discussed. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2002.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

Wilderness areas face serious threats to their integrity and continued existence. The law has a critical role to play in their protection. To be effective, however, the law must be based on sound philosophical and socio-economic considerations. There is increasing recognition, internationally and nationally, of the utilitarian, intrinsic and biocentric values of wilderness and wildlife. There is also an international trend toward recognition and accommodation of tribal cultures and their traditional natural resource harvesting rights within national legal and political systems. Effective protection of the wilderness resource on which South African tribal cultures depend for their continued existence is essential. Communities adjacent to wilderness areas must be allowed to participate in the determination of the boundaries of, the preparation and implementation of the management plans for, and the benefits derived from, such areas. Wilderness management in South Africa must be linked to economic planning and rural development. The values of wilderness to humankind are increasingly being recognised and protected in international treaties and national legal systems. A comparative analysis of relevant events in the United States, in particular, clearly demonstrates that the most effective vehicle for establishment of a national wilderness system is a national wilderness statute. South Africa should acknowledge the international trend towards wilderness preservation, take instruction from the legal initiatives and protective mechanisms adopted in other countries, recognise that its wilderness is a global heritage, and accept ' that it has an obligation to protect what remains of its wild country, not only in the interests of its present and future generations, but also in the interests of the world community. A review of the history and current status of wilderness in South Africa, and of the laws which indirectly or directly provide protection of wilderness areas, wilderness values, or wilderness equivalents, suggests that there is a need for a new legal dispensation for the preservation of the remnants of South African wilderness. At present there is statutory protection of declared wilderness areas in State forests only, in terms of the Forest Act 122 of 1984. There is no direct legislative protection of wilderness on other public lands, and no legal protection of wilderness on private land. Effective and sustainable protection of South African wilderness will best be achieved through the medium of an appropriate national Wilderness Act. / Thesis (LL.D.)-University of Natal, Durban, 1992.

This thesis is an investigation into, and a gathering of evidence on, the various ways in which two iconic species, whales and elephants, and the two conventions which govern their management, the 1946 International Convention for the Regulation of Whaling (ICRW) and the 1973 Convention on International Trade in Endangered Species (CITES), are linked in international law and politics. After explaining the nature of international conventions governing wildlife species generally, the respective histories of the two conventions are considered: first, that of the ICRW is considered, together with its strengths, weaknesses and current position; after which a similar assessment is made of CITES. The history of linkage between the two is considered, including attempts made to use the one to undercut the other. Various aspects of the protection, use and management of the two species are then canvassed; and it is shown how important political actors hold apparently mutually exclusive views. Throughout, the position of South Africa is particularly considered. The importance of protecting biological diversity is then considered, together with the potential harmonising role of the 1989 Convention on Biological Diversity (CBD), and the political stances of various countries, together with ongoing analysis of efforts to effect change. The natures of whales and elephants as symbols, and as special animals, are then considered. In conclusion, it is explained that both treaties could work if the political drive was present - but that this is currently absent, and the environment is suffering whilst politicians argue over the best courses to follow to protect natural resources. It is suggested that the reason that the arguments in respect of whales and elephants, the ICRW and CITES, are so bitter is because so much is at stake - for the fight on this battleground is not simply about the particular species, but the course the world as a whole should follow in all of its use of natural resources. Understanding the links between species and between treaties helps us to understand alternative possible courses. By exploring one such set of links that has not previously been analysed, the research presented in this thesis is intended to make a contribution to that understanding (both internationally and within South Africa). / Thesis (LL.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

No abstract available. / Thesis (Ph.D.)-University of KwaZulu-Natal, 2007

Section 14 of the Constitution provides for the right to privacy, which includes the right not to have the privacy of communications infringed. The right is also protected at common law - a breach of a person's privacy constitutes an iniura. E-mail communications are therefore protected by both, the common law and the Constitution. The question that this work seeks to answer is, whether the Government has the right to intercept and/or monitor private e-mail communications. The right to privacy is not absolute, case law and legislation show that this right can be limited. At common law, a valid defence will negate the unlawfulness of the invasion. In terms of the Constitution, the right to privacy can only be limited in accordance with the limitation clause section 36. For each case, courts will have to balance, the government's interest in combating crime and that of the citizen to the privacy of their e-mail communications. In seeking to answer the question, this work considers the protection afforded by the common law and the Constitution. It also considers statutes which limit the right to privacy, including whether these statutes are applicable to e-mail communications and if they are, whether they constitute a justifiable limitation of the right, for example: the Regulation of Interception of Communications and Provision of Communication-Related Information Act and the Criminal Procedure Act - which was enacted when the 'cyber-world' was non-existent. All statutes, applicable to e-mail communications, provide for some form of requirements or guidelines before communications can be intercepted or/ and monitored. The right to privacy is also protected in foreign jurisdictions and is not absolute. There is protection only against unreasonable invasions of privacy. In conclusion, both statutory law and common law permit the government, within limitations, to intercept or/ and monitor private e-mail communications. Where there are guidelines, regulating this power, the circumstance under which and when it can be exercised. This will amount to a reasonable and justifiable limitation and therefore the right will not be violated. / Thesis (LL.M.)-University of Natal, Durban, 2003.

Advances in the food industry have made food consumption increasingly complex. Varieties of foodstuffs that are available to consumers each day are on the increase. It is therefore essential that legislation in place ensures the heal th of unsophisticated consumers, in the face of a sophisticated food industry. The need for food safety legislation is even more crucial to Third World countries where literacy levels are low, poverty levels high, and chronic food shortages, prevalent. An important question that any developing country has to address is how it can better equip its food control system within its own limited resources? Does the answer lie in an increase in the amount of food safety legislation? Or in the improvement of enforcement mechanisms? This thesis investigates the existence and effectiveness of food safety legislation in typical Third World countries and for this purpose, Zambia has been chosen as a particular case study. The aim of the study is to analyse the existing legal framework and to assess the effectiveness of its enforcement. This has been done by way of library research and personal interviews. The Internet also proved to be a valuable research tool. From the findings of the study it is clear that although there exists within the country a legal framework controlling food quality and safety, the same requires urgent amendment and more effective enforcement. It was realised from the findings of this study that the situation that currently obtains in Zambia can only be left unattended at the nation's peril. It is imperative that legislation in operation is made more effective especially with regard to food imports where a notable lacuna exists. The enforcement of legislation is another area that desperately requires reform. The solution to the problem of food safety in Zambia does not lie in advocating an increase in the quanti ty of legislation but rather in its quality. There is a need to increase consumer awareness through food safety and quality consumer education programmes and the active participation of consumer groups in matters of food safety and control. Overcoming the problem of food safety requires the concerted efforts on the part of all key players, the government, industry and consumers themselves. / Thesis (LL.M.)-University of Natal, Durban,1998.

No abstract available. / Thesis (LL.M)-University of Natal, Durban, 1997.

The African National Congress (ANC) is engaged in an armed conflict with the South African Government for control of South Africa. ANC combatants are being prosecuted under South African criminal law as rebels, a process which undermines the normative value of the criminal law because it is in conflict with popular support for the ANC. International law provides a humanitarian alternative to the criminal law. This study investigates the international legal protections available to combatants in the conflict. Lawful combatant status and prisoner of war status would only be available if the South African armed conflict was classified as international. It has been argued that the international status of the ANC, derived from the denial of self-determination to the South African people, internationalises its war against the South African Government. Attempts have been made to enforce this concept. Article 1(4) of Geneva Protocol 1 classifies armed conflicts involving a movement representing a people with a right of se If-determination against a .. racist re,gime" as international. But South Africa did not accede to Protocol 1 and the argument that it is custom fails because of insufficient international support. Nevertheless, the developing situation justifies an examination of the personal conditions required to gain protectedstatus. The conditions in Article 4 of Geneva Convention 3 (1949) are onerous, making it impracticable in South Africa. Protocol l's updated conditions are more suited to the armed conflict. The Conventions and Protocol 1 also make available procedural and substantive protections to combatants and deal with special issues particular to South Africa. The South African armed conflict can alternatively be classified as non-international. Common Article 3 of the 1949 Conventions applies because South Africa is party to them. Geneva Protocol 2 is not .applicable because South Africa is not a party to it. Unfortunately, Article 3 only applies general humanitarian principles and not protected status. To conclude, because of the inadequate means for enforcing the classification of the South African armed conflict as international and the inadequacy of the protections available under the law of non-international armed conflict, it is urged that the Government confer ex-gratia. lawful status on ANC combatants. / Thesis(LL.M.)- University of Natal, Durban, 1988.