Thesis (doctoral)--Universität Heidelberg, 1909. / Includes bibliographical references (p. [iv]-v).

Thesis (doctoral)--Universität Göttingen.

Diss.--Nuremberg, 1711. / At head of title: Q.D.B.V. Dated: junii, anno 1711. Errata at end of text. Reproduction of original from Kress Library of Business and Economics, Harvard University. Goldsmiths'-Kress no. 04721.14.

Includes bibliographical references. / This study is specifically concerned with the effect of occupational health and safety (hereafter OHS) law in Angola and the protection it offers to employees in the oil and gas industry. The current Angolan OHS legislation continues to be characterised by the pre-independence legal system inherited from the colonial era, which creates a crisis of legitimacy and justice. This crisis may be resolved through the ratification of the International Labour Organisation OHS conventions. This dissertation examines workplace health and safety in Angola from a legal perspective in detail, and explores international instruments that are used to protect employees from unhealthy and unsafe conditions. An analysis of the relevant source materials reveals a disjunction between the international standards and the laws as implemented in Angola. It is a fact that the law is expected to offer as far as is possible reasonable health and safety protection to employees. Evidence demonstrates, however, that these laws have largely failed to meet expectations. The problem is not only the fragmentation and inconsistency of the OHS laws, but also that the framework is in need of revision and a dedicated plan to resolve the gaps in the existing legislation. The study thus explores the discontinuities and deficiencies of the regulatory framework as well as of the enforcement mechanisms. Similarly, it proposes an extensive shift of emphasis away from the current legal debate to focus on the relevant issues that will offer substantive protection to the health and safety of employees, as well as justice in law reform. Various steps need to be taken to ratify the OHS conventions in order to improve the deficient framework of OHS legislation in Angola.

Non-Standard employment in South Africa: How have we adapted in the past five years post the amendments related to non-standard employment? Chapter 1 This chapter introduces the research question. Chapter 2 Focus on legislative history pertaining to non-standard employment. Chapter 3 Review four cases prior to the recent amendments with regard to the protection of non-standard employees. 3.1 Assist Bakery 115 CC v Ngwenya N.O. and Others. 3.2 Enforce Security Group v Mwelase and Others. 3.3 Piet Wes Civils CC and Another v Association of Mineworkers and Construction (AMCU) and Others. 3.4 Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others. Chapter 4 Conclusion in response to the research question.

With the recent changes to the Competition Act1 , specifically with the inclusion of Section 73A2 which came into effect on the 1 May 2017 the amendment now makes provision for cartelists to face criminal charges for infringing Section 43 of the Act. Section 44 disallows firms from engaging cartel conduct and the objective of the recent amendment is to promote consumer welfare as well as to break the barriers to entry. Furthermore, allow for an open market and to promote the inclusion of all whom live in South Africa. To prohibit those involved in 'fixing of purchase' and or 'selling prices, dividing markets and/or involved collusive tendering amongst firms'. Despite the criminal sanctions created to deter cartels, firms or directors still are involved in collusive conduct. Cartel activity could not only be damaging to a firms' or directors' reputation, but also results in significant financial losses. With the recent implementation of S73A5 there is a more stern approach followed by our legislature by now holding directors of firms criminally liable for collusive conduct. What this paper seeks to address is the question as to whether the new developments made by the legislature allows for proper implementation in South Africa. Moreover, if the National Prosecuting Authority as the authoritative body has the competency to fully deal with the complexity of cartels. The South African model will be carefully examined against the backdrop of the United States and Australian advanced antitrust laws. Equally, as important also looking at what makes the United States and Australia more effective in their cartel detection and prevention. Particular attention will be given to the leniency policy which plays a pivotal role in prohibiting cartel conduct. And how criminal and civil sanctions should be considered in conjunction with leniency in an attempt to deter and eliminate cartel conduct.

First, this study stems from the urge to bring clarity as to whether, in Nigeria, there is a statutory framework based on which shareholders can seek appraisal in relation to their shares at any point in time. This is significant in that the corporate statutes in both South Africa and Nigeria provide for similar mechanisms for the protection of minority shareholders in almost every respect including the prejudicial and oppression remedy, derivative actions, squeeze-outs and so on, excepting the appraisal rights. Whilst there is clarity as to the existence of the appraisal remedy provision in South Africa’s corporate statute, the same cannot be said of Nigeria’s corporate statute. Consequently, the primary goal of this study is to identify if there is a framework for the exercise of appraisal remedy in Nigeria’s corporate statute. In carrying out this study, this dissertation examines the various components of the appraisal right provision in South Africa in detail. This helps to provide an understanding around the structure and the rationale behind a standard appraisal right provision. It is based on this understanding that certain pre-identified provisions in Nigeria’s corporate statutes will be investigated with a view to identifying potential statutory framework bearing semblance to South Africa’s appraisal right provision.

Africa has been very slow in effectively implementing regional integration and trade agreements and has made little progress to achieve its stated objectives, especially the goal of eradicating poverty and promoting development. In addition, the economic integration model currently being pursued in Africa suffers from several challenges and has not achieved its goals, because of among other things, weak legal and institutional frameworks, and lack of support from ordinary African citizens and the private sector. In light of the above, this research investigate the appropriateness of this model. This research begins with the theoretical discussions of integration and identifies the existing gaps within the African regional integration process. This reveals that there are not only foundational and definitional disparities within the African regional integration process but also that Africa lacks the necessary prerequisite for any successful regional integration. In particular, this research reveals that the institutions that are mandated to accelerate regional integration process lack the necessary capacity to achieve regional integration process. The discussions of theories behind regional economic integration reveals that the understanding of regional integration in Africa are rooted in the economic understanding of regionalism with insufficient attention given to the importance of strong institutional and legal frameworks and a human centred development. Importantly, these discussions reveal that the European integration economic model that was a success in European Community has been adopted in Africa without reviewing its appropriateness for the continent. The debates of the history of African regional integration in Africa demonstrate that regional integration process is not a new phenomenon in Africa and that African leaders have always embraced integration and have perceived it as a way of addressing Africa’s social and economic challenges. Importantly, the discussions of the history demonstrate the role African leaders played in fighting colonialism and dismantling the apartheid system in South Africa. Unfortunately, these discussions also show that after independence Africa was a continent faced with many challenges. In particular, history shows that after independence African leaders gave little support to Pan Africanism which had been driving force behind decolonisation and became oppressive and in many instances, committed human rights violations against their own people. This state of affairs has led to economic development being sacrificed. The discussions of the benefits of economic integration shows that while there are benefits linked to economic integration such as the reduction of poverty and development in countries such as China, India and Thailand, for Africa is unable to deal with the challenge of poverty and underdevelopment . African countries continue to witness increasing levels of poverty and poor development while few businesses and political elites remain the main beneficiaries of the economic integration model. The analyses of the institutional and legal structures reveal that the institutions mandated with regional integration and the laws governing regional integration process are either weak or nonexistence. This is demonstrated by the slow implementation of regional projects. Even though Africa has made significant steps to facilitate its regional integration, it has been unable to deal with the challenges confronting the continent, especially the rising levels of poverty and underdevelopment. While this this research supports and approves the steps that have been adopted to facilitate regional integration and trade, nevertheless this research observes that institutions that are mandated to drive regional integration have been unable to promote African regional integration. Africa lacks the necessary infrastructure and human capacity to achieve regional integration. The research question therefore is whether the economic integration model currently being pursued in Africa under its existing framework is the appropriate model for African regional integration since it is not supported by a proper legal system and the African people and does not directly address the issues that confront ordinary African citizens? While the author observes that Africa has considerably improved its trade and strengthened its integration process, the author nevertheless concludes that the economic integration model currently being pursued in Africa is unlikely to succeed, because it does not take into account African realities and lacks the necessary prerequisites for successful economic integration.

Includes bibliographical references. / The triangular merger structures provide an innovative and effective method for avoiding the voting and concomitant appraisal rights of a holding company’s shareholders. This is because, by incorporating and making use of a wholly owned subsidiary company to effect the proposed transaction, the holding company is deemed not to be a party to the amalgamation or merger agreement; even though the transaction is instigated and financed by it. Importantly, and as a result of the fact that the holding company is able to distance itself from the transaction, its shareholders are deprived of their voting and appraisal rights, thereby allowing said company to effectively avoid the usual cash drain resulting from the exercise of shareholder appraisal rights. It is argued that companies must not be allowed to make use of and exploit the separate legal personality of a shell subsidiary company solely to circumvent the rights of their shareholders. Failing specific legislative intervention to curtail this potential abuse, shareholders of the holding company ought to be able to successfully challenge the implementation of a triangular merger by (i) applying to court in terms of s 20(9) of the Act (the theory behind this being that the triangular merger structures propose the use of a separate legal entity as a device or stratagem to defeat their rights); and/or (ii) filing a complaint with the relevant statutory body citing the provisions of s 115(4) of the Act. In either case, and as an alternative submission, shareholders can also argue that such conduct falls within the parameters of the statutory oppression remedy.

A set method of determination of the fair value of shares is omitted from s164 of the South African Companies Act 71 of 2008 (the South African Act), which deals with the appraisal remedies of dissenting shareholders. This dissertation will consider how courts in the United Kingdom and the United States have dealt with the question of what is fair value in the context of oppression remedies and appraisal rights