Published Article / The teachers' salary strike, which occurs almost annually in South Africa, is so widespread that it seems to have gained public toleration if not complete acceptance. However, the strike may have a lasting and devastating impact on the teachers' as well as the learners' discipline, motivation and morale, with the learners being the hardest hit. The strike has a negative impact on the learning and teaching culture and on the learners' academic performance. Although the teachers' strike is about salaries and salary-related matters, all too often, debates about it shift from the strike to the tension between the teachers' right to strike and the learners' right to receive education. This study endeavours to fathom the truth about the two rights, to establish whether they can stand side by side without contradicting each other, and to study their implications.

The aim of the thesis is to give reader a treatise about specific use of bill of exchange as a securing instrument. The promissory note as a debtor security may take various economic life functions. Since the inception of law of exchange it was primarily the medium of payment, whereas the securing function was developed much later. Actually a relative novelty of securing function of bill of exchange leads to a wide range of issues that need to be resolved in connection with its use. In particular, it is absolutely necessary to realize that the obligation incorporated into promissory note will be regardless of its function always the obligation abstract and individual. The above mentioned abstract and individual obligation is mainly manifested in a different connection to the secured obligation, which is much more fragile than in case of use of standard securing obligations that are on the contrary characteristic by accesority and subsidiarity. In spite of the fact that the aim of the thesis is concentrated on bill of exchange as securing instrument, the first chapter is devoted to issues of law of exchange in general. Within particular subchapters there is outlined the historical development of law of exchange in our country, including the sources of current legislation. Furthermore author explains...

RESUME Bills of exchange and promissory notes are one of the most used instruments of business relationships in the area of Geneva law. This fact was undoubtedly caused by the unique attributes of bills of exchange and promissory notes which are represented especially by formality, obviousness, transparency and imperative nature. The main reason for compiling this dissertation is to describe disputed facts of bills of exchange and promissory notes with regard to the cases and scientific research. The dissertation deals only with the more detailed survey of the main topic, the other matters of legal relations bills of exchange and promissory notes will not be covered in this research. It contains authentic texts representing and explaining the topics in question. The dissertation provides a coherent interpretation of the chosen topic and it is the basis for the solution of certain problems in practice. The dissertation consists of four chapters and each of these chapters is subdivided into more specific units. The first chapter is an introduction to the history and current system of exchange law. The second chapter deals with the basic institutions of exchange law including types of bills of exchange and promissory notes. The third chapter is a resource for legal information and it deals with judicial...

Bill of Exchange as a securing instrument (Summary) This thesis pertains to the securing bill of exchange, both on theoretical and practical levels. It deals with its particular characteristics which effectively distinguish a securing bill of exchange from bills of exchange fulfilling distinct functions, as well as from other securing instruments. The thesis provides its readers with a comprehensive view of the advantages the securing bill of exchange has to offer within a variety of private legal relations. Simultaneously, it warns against the perils which are inherent thereto, both with respect to the creditors and the debtors. The thesis thereby emphasizes a necessity for at least a certain level of knowledge concerning the nature and potential of the securing bill of exchange, which would in practice help prevent misuse of this instrument and inflicting damage on the debtors. The first chapter focuses on the causal obligation of a debtor and a creditor and its connection to the bill of exchange aiming to secure that relation. Together with the second chapter, these two provide for the fundamental nature and specific features of the securing bill of exchange. The third chapter pertains to the contractual basis for securing the receivables, and its crucial importance as it involves various contractual...

M.Com. (Economics) / The banks role in financing growth and development has come under the spotlight over the past year, as part of a political debate about what role the private sector should be playing to address South Africa's social and economic problems. The introduction of the proposed Community Reinvestment Bill raised the prospect that banks could be forced by government into financing low cost housing. In my opinion community reinvestment must not be pursued through the introduction of legislation by government but rather through sustainable partnerships between government and the private sector which could deal with all aspects of community reinvestment. The main purpose of the study then is to propose a framework for this partnership between government and the private sector in providing housing finance to low income housing consumers. In this way community reinvestment will be multi-faceted, reflecting the need of government to introduce concrete sanctions against racial and geographic discrimination whilst facilitating the establishment of banking capacity and foster banker willingness to support local economic development programmes. An extended literature study was undertaken which literature study serves to document current viewpoints, principles and existing research on the research objective. From the literature study, the reasons for the failure of the United States of America version of the Community Reinvestment Act is stated, the objective of the proposed Community Reinvestment Bill is considered as well as the housing finance system into which government wants to introduce this Bill. The introduction of community reinvestment is not conducive to economic growth and to illustrate this argument, the provision of housing finance by either the banks or government is considered. The attitudes, perceptions and financial behaviour of the low income housing finance consumers was also considered by documenting existing research that has already been done in this regard. A recommendation is made on a possible framework for implementation of community reinvestment in the South African environment.

The decision to close and never reopen four public housing projects in New Orleans following Hurricane Katrina was a highly contentious issue for people throughout the city and even the nation. This thesis investigates the tensions between those who supported and opposed public housing demolition by highlighting the work and history of two people on either side of the debate, Richard Baron and Bill Quigley. This study of contemporary housing policy draws on the history of public housing in America, and refers to Stacy Seicshnaydre.s assertion that public housing policy has been a consistent struggle between "Taking the Housing Now" and "Redevelopment as Blight Removal." This research posits that while this tension has been present, the current debate in New Orleans is more nuanced. In the end, the public housing redevelopment in New Orleans reflects a lack of commitment at the federal level to adequately house low-income people.

This diploma thesis analyzes the maritime container transport, it's history and development and the types of containers. It deals with the current situation in the maritime transport market. The main emphasis is on detailed description of the transport chain. The paper also deals with documents that are carried by sea, especially the Bill of Lading. This is a specific document, among other it is a tradable security. In the thesis there have also been mentioned the current issues of liability and insurance - (Rotterdam Rules and INCOTERMS 2010).

Abstract This dissertation assesses the potential impacts of corporate governance codes and legislation on Directors and Officers (D&O) Liability Insurance. Corporate failures lead to numerous losses for stakeholders especially shareholders. Worldwide including in South Africa, this has resulted in an increase in legal liability claims against directors and thus insurers. Often these failures are ascribed to corporate governance breaches giving rise initially to corporate governance codes and more recently many countries are legislating certain aspects of corporate governance; this includes a codification of director‟s duties. South Africa, in-line with the United Kingdom, Australia and to an extent the United States has followed suit with the Companies Bill of 2008. This dissertation seeks to assess the possible effects of the codes of practice and new Companies Act on Directors‟ and Officers‟ Liability insurance. This will be done by ascertaining what impact the new Act will have on directors‟ liability using inter alia the Delphi Technique.

Faculty of Humanities School of Humanities and Social Sciences 0200487m peter.mcinnes@health.gov.za / This dissertation looks at the attitudes, actions and opinions towards law, rights and political mobilisation, and in particular South Africa’s Bill of Rights, of a small band of activists associated with the Soweto Electricity Crisis Committee (SECC). It provides a snapshot of attitudes towards the Bill of Rights prevalent at the birth of a small organisation, which since 2000 has been active and at times successful in guaranteeing affordable electricity in South Africa’s largest township - Soweto. The SECC emerged as a real force in Johannesburg’s political life in the first half of 2001 as a result of the disconnection of up to 20,000 households per month by the state owned electricity utility, ESKOM. In response to these cut-offs Sowetans required urgent and appropriate forms of political action that would both provide immediate relief in terms of reconnecting disconnected households to the grid, wiping off unpayable electricity account arrears and, over the longer term, mitigating or transforming the policies that led to the cut-offs. This study explores to what extent the Bill of Rights enhanced grass roots political mobilisation. The study describes the potential mechanism through which rights discourse promotes community mobilization and provide some preliminary comments on the appropriateness of legal mobilization for political ends. This focus on electricity enabled understanding of how a community based organisation strategised social mobilisation when a particular demand, in this case an essential service - electricity - is not explicitly included in the South African Bill of Rights. Specifically it allowed the study of strategies adopted to prosecute similar demands surrounding access to water, which was explicitly included in the Constitution. In this case the SECC strategy was to deliberately obscure the boundaries between the two services. Rights talk was adopted by the SECC to serve political ends. The need of Sowetans for reliable, consistent and affordable supplies of electricity was transformed and demanded as of right by the SECC. Such a characterisation had obvious advantages to the SECC activists trying to build a movement that could challenge Eskom’s and the municipal government’s credit control policies. Rights talk provided a catalyst to engage interest in the campaign. On attracting an audience by ‘rights talk’ the allegation that service disconnection denied ‘fundamental human rights’ tapped into already existing feelings of hurt and humiliation. Rights talk legitimated peoples private feelings of pain and humiliation. The evolving sense of outrage as a result of this denial was then directed (hopefully) towards involvement in protests and meetings. The themes present in the writings of critical legal theorists on rights are explored. This study found that the key tenets of critical legal theory’s critique of rights such as the malleability and indeterminacy of legal discourse to suit your own ends; the tilt within the legal system to already powerful interests within South African society; and the risks of constitutional litigation to the democratic character of the struggle were all present in the minds of activists. Yet ultimately legal strategies were of ongoing interest to SECC activists because of the undeniable potential leverage they provided to promote social mobilisation and allow for real changes in harmful government policies through the assistance of the courts. These potential uses outweighed the identified attendant risks of a constitutional litigation strategy. This study concludes that rights can form an important component of the progressive activists arsenal of weapons against liberal capitalism. This is both understandable in a short-term strategic sense (as implied above in the SECC’s use of rights) as well as a more complex longer-term project of building a better society.

Thesis advisor: Scott T. Cummings / My Senior Honors Thesis may be understood as a two-part investigation that addresses both theoretical and practical concerns of physical comedy and the language of gesture. I will first present some of my more general findings about comedy in order to more accurately zero in on the figure of 'the Fool.' I will thereafter investigate the function of the Fool in society and report on two of his most definitive iterations: Arlecchino, of the Italian Commedia dell'Arte and Bill Irwin of the contemporary stage. These theoretical components will eventually serve as a foundation for the practical side of my project- the creation of my own physical performance piece. In the final part of this document I will outline the process of conceiving and developing a physical comedy performance all my own, referring to my research whenever possible. My hope is that this paper will serve as both an informational document about some of the most important historical influences on physical comedy and the language of gesture, as well as relate how those influences affected me in the process of imagination and creation that is the joy of theatre. / Thesis (BA) — Boston College, 2005. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Theater. / Discipline: College Honors Program.