This thesis argues that native title rights are fundamental to Indigenous citizenship in Australia. It does this by developing a normative conception of citizenship in connection with a model of constitutionalism. Here, citizenship is more than a legal status. It refers to the norms of individual rights coupled with democratic responsibility that are attached to the person in a liberal-democracy. Constitutionalism provides the framework for understanding the manner in which Australian society realizes these norms. This thesis focuses on a society attempting to grapple with issues of postcolonialism. A fundamental question faced in these societies is the legitimacy of group rights based in pre-colonization norms. This thesis argues that these rights can be legitimized when constitutionalism is understood as originating in the deliberations connecting civil society with the state; which deliberations reconcile individual rights with group rights in such a way as to resolve the issue of their competing claims to legitimacy. Civil society is the social space in which politico-legal norms collide with action. The argument constructed here is that native title is built on norms that have the potential (it is a counterfactual argument) to contribute to a postcolonial civil society. This is one in which colonizer and colonized coordinate their action in a mutual search for acceptable solutions to the question 'how do we live together?'. The optimistic analysis is tempered by a consideration of the development of native title law. The jurisprudence of the High Court after the Wik's Case has undermined the potential of native title to play a transformative role. It has undermined Indigenous Australians' place in civil society, and their status as equal individuals and responsible citizens. In seeking to explain this, the thesis turns from jurisprudence to political sociology, and argues that an alternative model of constitutionalism and civil society has supplanted the postcolonial; viz., the neoliberal.

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This paper talks about the international standards for commercial mediators. It introduces the standards of eight different jurisdictions and afterwards, evaluates whether there should be one accrediting standard for all international commercial mediators. In the introduction chapter, the paper talks about the problems with the current legal system and then explains the growth of mediation in today’s society. By discussing the nature and practice of mediation, whether mediation should be compulsory or voluntary in light of Article 6 of the European Convention on Human Rights, rationale of the various jurisdictions covered, the paper then talks about the attributes that make a good mediator as well as the accreditation and training of mediators. From chapter two to chapter nine, the paper focuses on eight jurisdictions in which mediation is firmly enshrined within one legal culture to those that are just embarking on the concept (namely Australia, New Zealand, Indonesia, Malaysia, India, Hong Kong, California and Canada). Each chapter talks about the developments of commercial mediation, law and institutions as well as training and accreditation of mediators within their respective jurisdictions. In the concluding chapter, it discusses whether there should be one accrediting standard for international commercial mediators by exploring the advantages and disadvantages of having one accrediting standard as well as the author’s analysis and point of view on the subject.

Honourable Cassiem Saloojee, MP chaired the workshop. He noted that the workshop was intended to provide an opportunity to assess several recent research studies related to children and development in South Africa. People who had been invited included MPs, members of NGOs and CBOs and government officials. A list of participants is attached.

The business judgment rule is used by American courts to establish whether a director has fulfilled his duty of care. It is based on the concept that the directors are legally empowered to manage a corporation's affairs, and the courts accordingly do not interfere with the exercise of those powers unless a board's action is tainted by fraud or self-interest. The courts will not review a business decision where, acting in good faith, the board has truly applied itself to making an informed decision. In certain circumstances, where self-interest on the part of directors is more likely to be a factor, a stricter test is applied. The business judgment rule is implicit in the judgments of English and South African courts and the King Committee has recommended its formal recognition in South Africa. The need for such formal recognition and stricter interpretation of the duty of care and skill discussed. / Private Law / LL.M.

Text in Afrikaans / The Companies Act, 1973 ("the Act") contains no specific provision dealing with the relationship between a nominee shareholder and its principal, the beneficial shareholder. The Act merely contains a variety of references to this unique relationship without specifying the content thereof or elaborating on the rights of the beneficial shareholder. It is clear from the Act that no legal connection exists between the company and the beneficial shareholder and a company is only obliged to recognise its registered members. It has become apparent that beneficial shareholders need more protection than is currently afforded to them in terms of our common law. Currently beneficial shareholders have a common law right to claim return of their shares from any person (even bona fide third parties) in the event of the misappropriation of such shares by their nominee shareholders. Beneficial shareholders are unprotected if their nominee shareholders were to act contrary to their instructions, for example by not voting at the general meeting in accordance with the instructions of the beneficial shareholders. Having regard to the fact that the relationship between the beneficial shareholder and the nominee shareholder is based on agency or trusteeship, the beneficial shareholder will be entitle to compel its nominee to transfer the shares to another person. This may, however, have stamp duty implications and if the nominee refuses to give its cooperation in respect of such transfer, costly legal action may be the only solution for the beneficial shareholder. In deciding which section of the Act should be adapted to include the rights of beneficial shareholders, the following sections have been considered: Section 266 (statutory derivative action), section 252 (statutory remedy in the event of prejudice), section 440K (compulsory acquisition of securities of minorities) and section 344(h) (liquidation on grounds of equity). The only one of these sections which provides the court with a wide enough discretion to afford the required protection is section 252. An important point in this regard is that section 252 cannot effectively be extended to beneficial shareholders unless they also acquire the right to have access to the same company information as the members of the company would receive. In an attempt to create a balance between the needs to greater protection of beneficial shareholders and the avoidance of unnecessary cumbersome administrative obligations on companies, it is suggested that a register of beneficial shareholders be created and that companies be obliged to inform all beneficial shareholders appearing on such register of the same company information as is provided to registered members. The Act must make it clear that : • a beneficial shareholder can only be recorded in the register with the assistance of its nominee shareholder; • the relevant nominee shareholder must satisfy the company secretary that the person which is recorded in the register is in fact its principal; • the only two instances where the company secretary will be entitled to remove the beneficial shareholder is in the first instance where the beneficia] shareholder consents to such removal and secondly where the shares held by the registered member is transferred. The latter ground will avoid continued provision of company information to persons not involved with the company. No duty will be placed on companies to ensure that the names and addresses of beneficial shareholders are correct. This will be the responsibility of beneficial shareholders. The improved flow of company information will facilitate the improved awareness by beneficial shareholders of relevant events and together with the appropriate extension of section 252, will go a long way in improving the much needed protection of beneficial shareholders. / Mercantile Law / LL.M. (Handelsreg)

This study sought to review the due process appeal cases that came before the Texas State Commissioner of Education from 1970 to 1975 in order to determine the impact of the decision upon school districts' management and operation. Five purposes directed this study and are as follows: (a) to review the cases appealed to the State Commissioner from 1970 to 1975, (b) to develop a cross reference for cataloging these decisions, (c) to develop a handbook on reference materials for local administrative use, (d) to outline a special procedure for orderly due process, and (e) to determine the impact of these decisions rendered to concerning local school district policy. These five purposes were attained through a research design combining historical research methodology with survey research methodology. In conclusion, negligible impact was observed on school districts as a result of due process appeal cases. No school board changed policy as a result of the commissioner's decision. In summary, the five purposes were met. Attaining these five purposes produced the following, which are contained in the report: (a) a Cross-reference Matrix for cataloging decisions, (b) an Administrative Due Process Handbook containing case briefs, (c) a procedure for orderly due process, and (d) data results with interpretation.

This study seeks to examine the naturalisation of refugees under international law with specific focus on the South African refugee system. The universalised nature of human rights and the difficulties of refugees finding new roots in host states form the basis of this study. This study takes a closer look at the South African refugee system and the path to naturalisation of refugees. It identifies policy and legal gaps in the process of naturalisation of refugees and argues that the practice as it stands today, fundamentally abuses the rights of refugees and questions South Africa’s good faith in meeting its international obligations under the 1951 Refugee Convention. It argues further that the biopolitical philosophy upon which South African citizenship is anchored is itself a hindrance to the realisation of efforts aimed at naturalising refugees and their descendants. The research methodology used in this study is non-empirical. This is so because the study is based on available data, information already available in print or on the internet. The study attempts to accomplish the above by undertaking an in-depth analysis of the history of refugees, the current position of naturalisation under international law, and identifies the inherent challenges. In the South African context, the study makes use of extensive statutory, constitutional and case law materials to justify that the current treatment of refugees in their quest for naturalisation is indefensible within the context of a human rights-based approach and the dictates of the Constitution. This study concludes by making recommendations that would help close the legal and policy gaps that obtain presently. These include amendments to the Refugees, Immigration and Citizenship Acts and strengthening policy implementation at the DHA. It is hoped that the recommendations will strengthen and evolve a human rights culture and bring refugee, immigration and citizenship laws in line with the Constitution. It will also pave the way for a more just and peaceful South Africa as she strives to meet her obligations under regional and international law.

Many cities and towns in the Global South continue to experience the growth of the informal sector. There are a number of reasons which explain the growth of the informal sector. These include formal sector retrenchments, shortage of jobs in the formal sector and lack of skills. Street vendors are the most visible traders in the informal sector as compared to other kind of traders. In many cities, the spaces in which vendors conduct their trading is not allocated to them legally as they are seen as a nuisance or obstruction to commerce and the free flow of traffic. Against this background, this study examines the contestation for vending in the East London Central Business District (CBD) Eastern Cape, South Africa. It specifically explores social processes and vendor decision making when it comes to choosing (or claiming) a particular vending space, the legal instruments (by-laws) that either promote or constrain informal trading activities. Furthermore, it investigates the extent to which street vending contributes to the traders‟ income generation and sustainable livelihoods. This study uses a qualitative research design. Purposive sampling was used to select thirty informal traders. In-depth semi structured interviews were conducted with all thirty respondents In addition to the thirty respondents, five key informants were interviewed. The study found that street vending plays a major role in providing BCMM people with livelihood opportunities. Trading space in the CBD is strictly competitive and the spaces they acquire are too small for their businesses to expand to another level. Vendors face a lot of challenges but at the epitome of their challenges is the vending by- laws which the vendors view as a major constraint when it comes to operating smoothly in the streets. The study suggested that vending polices and by- laws be reviewed in order to derive a better socio- economic and functional environment for vendors.

M.Ed. (Educational Psychology) / This study would like to determine whether it is important to research discipline as such, before attempting to discipline a child. The question which must be answered is whether the parents' and teachers' education of a child is accepted as important when disciplining a child. A further reason for the study (research) is to accumulate information to help prepare future-teachers and to help parents to be more effective in disciplining a child. The educational implications which come to the forefront in this (study) imply, in essence the total educational challenge which must be met by parents, teachers and future-teachers. This educational challenqe is the ascertaining of juridical principles and educational principles concerned with the disciplining of a child. Because the need for better and greater discipline is a great problem in South Africa, a difficult period lies ahead which will require hard Hark in setting the record straight. Therefore, the most important findings and conclusions are the following : all teachers and parents must take up the challenge and ascertain all essential juridical aspects concerning discipline and ascertain all elementary principles of justice concerning discipline.