The purpose of this dissertation is to present an analysis of the relationship between the law of delict – specifically the element of factual causation – and the manner in which this element should apply to an assessment of the liability of gold mining companies in South Africa and their failure to protect mineworkers from exposure to silicosis, silico-tuberculosis and pulmonary tuberculosis. It is argued that the Constitutional Court's interpretation, and their ultimate application of the test for factual causation in Lee v Correctional Services 2013 (2) SA 144 (CC), in the form of the material increase of risk test, is precedent for the assessment of factual causation within the tuberculosis class in Nkala and Others v Harmony Gold Mining Co Ltd and Others 2016 (5) SA 240 (GJ). To underscore this argument, analogies are drawn between the powerful positions of gold mining companies and the State, and the vulnerable positions of mineworkers and prisoners in South Africa, as well as the Constitutional obligations owed by the State and gold mining companies towards prisoners and mineworkers, respectively. Furthermore, reasons why the material contribution test should apply to the silicosis class are discussed. This dissertation also outlines the statutory and common law duties owed by mining companies to underground mineworkers, for establishing these requirements is a requirement of the material increase of risk and material contribution tests. It is noted that the trial court in the Nkala class action suit should apply the aforementioned tests for factual causation to the two classes, failing which would be an injustice to legal precedent, and would be unfair and unreasonable.

The main focus of the thesis is the issue of determining jurisdiction in matters of tort, delict or quasi-delict with regard to the internet. The author finds that the general rules of determining jurisdiction are suitable for use even in disputes arising with connection to the internet. However, strict application of the aforementioned rules would lead to undesirable results. Therefore it is necessary to construe the general rules in such a way that takes into account the unique characteristics of the internet environment. Given the fact that courts are mainly responsible for the interpretation and application of the general rules, significant decisions of European and American courts are thoroughly analyzed. Even though the main focus of the thesis are the decisions of the courts, recent findings of jurisprudence and recommendations of the international bodies are taken into account as well. In the opening chapters, the unique characteristics of the internet and basic rules for determining the special jurisdiction are presented. Although the issue of determining jurisdiction in contracts is also mentioned in chapter 3, this topic exceeds the scope of this work and is discussed mainly in connection with the "targeting" criterion, which is also significant for out of contract issues. Chapters 4 and...

The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...

The crime of habitual drunkenness under s. 360 of the Criminal Code The purpose of this thesis could be summarized as a complex analysis of a crime of habitual drunkenness under s. 360 of the Czech Criminal Code. The described crime (sometimes named 'rauschdelikt᾿) represents one of possible approaches to a problematic question: How to hold a perpetrator who has committed a crime in mental state of insanity (irresponsibility), in which he had induced himself by use of alcohol, narcotics or similar substances, liable? As far as conformity with elementary principles of criminal law (such as 'nullum crimen sine culpa᾿) is concerned, the crime of habitual drunkenness seems to be the most suitable answer to the previous question. The crime of 'rauschdelikt᾿ is an old legal institute that is specific in many aspects. I have chosen the topic within the context of recent recodification of substantive criminal law. A previous regulation of this crime was often criticised for many reasons (e.g. improper title, too stringent penal sanction etc.). Thus we can now review if those criticised deficiencies have been set right. The thesis is divided into ten chapters. Chapter One is introductory and defines basic terminology used in the thesis, such as 'insanity᾿, 'culpability᾿ and so on. The third subchapter...

The crime of habitual drunkenness under s. 360 of the Criminal Code The subject of my thesis concerns the crime of habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code, as amended. In this thesis I describe not only its political theory but also its historical background and evolution in the Czech Republic. The crime of habitual drunkenness was and still is considered to be an atypical crime with very unusual analogy in respect of the Criminal Code. However, this crime is somewhat a break through in the fundamental principle of criminal law, the principle of liability for fault (nullum crimen sine culpa). This crime is considered unusual because of its specific legislative and legal construction as well as its extraordinary implications in terms of theoretical principles and requirements which are the basis of criminal law. All of the above mentioned attributes, historical and current concepts and proposals de lege ferenda can be found in this thesis. This thesis is divided into ten chapters. For clarity, these chapters are divided into multiple sub-sections. First chapter deals with the notion of insanity which, by no means, goes hand in hand with the crime of habitual drunkenness. Second chapter is a complex summary of the historical evolution from Maria Theresa codes until...

The topic of this thesis is the development of Infraction Law throughout time. The objective of the thesis is to provide a general outline of when the current Czech Law adopted the legislation for infractions and the form the Infraction Law (both procedural and material) took in its later developmental phases. Another objective of the thesis is to determine what changes have been introduced into the Infraction Law throughout time. The sources I used to prepare this thesis were the relevant legal documents specifying the legal regulations of Infraction Law, the available periodical literature, as well as the judicial decisions issued in this legal area. The thesis is divided into six chapters in total. The first chapter defines two of the basic important concepts. The second chapter provides a chart of the development of Infraction Law since its conception in the year 1787 until the formation of the Czechoslovak Republic in the year 1918. This chapter is further subdivided into three sections. The first section describes Infraction Law during its first developmental phase, which is the time its formation took place. The second section presents a map of the development of Infraction Law in the period between 1803 and 1852. Last but not least, the third section is dedicated to the development of...

This research builds on and contributes to work in the field of educators' professional discretion and the prevention of negligence. Existing literature suggests that many educators are still unaware of how the law operates regarding policy requirements and their in loco parentis obligations. This is demonstrated by the number of litigations and how an educator's liability regarding negligence has grown. In South Africa, numerous authors have made contributions in relation to learner safety and educators' duty of care. An educator is tasked with duty of care and to use professional discretion appropriately. At the same time, educators should be mindful to minimise their exposure to lawsuits. However, not much appears to have been done in this country to establish how educators can maintain a respectable balance between professional discretion and policy requirements without being negligent. The purpose of this study was, thus primarily to explore ways in which educators can reconcile professional discretion and legal and policy requirements to prevent negligence. The study utilised a qualitative research approach underpinned by an interpretive paradigm. Data collection was done by the means of qualitative collection techniques, namely semi-structured interviews supported by an analysis of relevant court cases. Twenty participants from two primary and two secondary public schools in the Tshwane South school district in Gauteng participated in the study. Two of these schools were fee-paying schools and two non-fee-paying schools. Five participants from each school were identified and invited to participate in this study and consisted of the principal, a member of the school management team (deputy-principal or head of department) and three educators. Each of the participants had different legal obligations, discretions, responsibilities and accountabilities as far as negligence is concerned. The conceptual framework for this study, was based on Dworkin’s (1978:31) ‘doughnut’ metaphor for the concept of professional discretion. Based on an adapted version of Dworkin’s ‘doughnut’ metaphor, findings confirm that some educators feel restricted in their decision-making and limited in their professional discretion due to the legal and inflexible policy framework regulating their work. It came to the fore that the understanding and interpretation of certain school policies were dealt with differently by the participants due to their varied levels of experience, knowledge and training. The findings illuminated the fact that the participants did not fully grasp the vii concept of professional discretion. In making decisions and exercising judgement, these participants may not be comfortable in their knowledge experience or personal intuition. Educators’ capacity and ability to apply discretion is influenced by a number of external and internal factors. These factors restrict an educators’ autonomy space, which could ultimately lead to the inability to apply appropriate discretion. This could lead to a form of paralysis to uphold a high standard of care in dire situations and could lead to negligence. Therefore, in order to achieve a high standard of care and not be negligent, educators should not only have the ability to apply appropriate discretion, but also have the freedom to do so. Key terms: professional discretion; duty of care; in loco parentis; negligence; law of delict; standard of care; school safety policies. / Dissertation (MEd)--University of Pretoria, 2020. / DST-NRF Innovation Master’s Scholarship. UNIQUE GRANT NO: 117504 / Education Management and Policy Studies / MEd / Unrestricted

Juvenile liability for the administrative delicts Abstract In my thesis, I deal with juvenile liability for the administrative delicts. The goal of my thesis is to analyze and to evaluate the current administrative delicts legislation and to propose certain measures I would personally take regarding these issues. In the first part, I define some key terms for my thesis, which are liability, administrative delict, age and juveniles. The second part is dedicated to the principles of imposing punishments upon juveniles. The purpose of imposing administrative punishments upon juveniles is so that they would live proper life and so that they would not repeat illegal acts. While imposing punishments upon juveniles, the administrative body must consider many factors, the main goal is so that the punishment would fulfill its educational purpose and at the same time so that it would not disturb juvenile's further development. In the third part, I introduce what differences regarding punishments upon juvenile transgressors are comprised in the current legislation. I am also concerned with the administrative procedures specifics leading to the imposition of punishments upon a juvenile transgressor in this part. In the fourth part, I deal with the specifics of a hearing of an administrative delict with a juvenile,...

With the fast pace that technology is currently developing, technology forms a bigger part of our day to day lives. Technological advancement has an impact on all aspects of life, including how we communicate with one another. This has caused an increase in social media usage. South Africa is in no way an exception to this growing trend. The escalation of the use of social media platforms has brought with it the rise in the wrongful use of social media. The growth in wrongful use would lead to the proliferation of legal consequences for defamatory statements with regard to social media situations. The question arises if South Africa‘s current legislation is able to regulate the new phenomena of defamatory statements on social media platforms. The conclusion was reached that South Africa‘s current legislation is more than adequate to regulate this new form of defamation. With the qualification that that judges apply the current legal principles of the law of delict to this new form of defamation correctly. Educating and informing judges, as well as the public is vital in preventing this new form of defamation to become problematic. / LLM, North-West University, Potchefstroom Campus, 2015

With the fast pace that technology is currently developing, technology forms a bigger part of our day to day lives. Technological advancement has an impact on all aspects of life, including how we communicate with one another. This has caused an increase in social media usage. South Africa is in no way an exception to this growing trend. The escalation of the use of social media platforms has brought with it the rise in the wrongful use of social media. The growth in wrongful use would lead to the proliferation of legal consequences for defamatory statements with regard to social media situations. The question arises if South Africa‘s current legislation is able to regulate the new phenomena of defamatory statements on social media platforms. The conclusion was reached that South Africa‘s current legislation is more than adequate to regulate this new form of defamation. With the qualification that that judges apply the current legal principles of the law of delict to this new form of defamation correctly. Educating and informing judges, as well as the public is vital in preventing this new form of defamation to become problematic. / LLM, North-West University, Potchefstroom Campus, 2015