Thesis (LLM)--University of Limpopo, 2010 / The study evaluates the common law position regarding the principle of legitimate expectation at the workplace. Under the common law, the employer had the power to hire and to fire as he or she pleased. The employer could either fire for a good reason or for a bad one or for no reason at all, provided the dismissal was on notice. In other words the employer was not required to show good cause for terminating the contract or to inform them employee of such reasons as they may be or to follow any special procedures before termination. It was not possible for the employee to raise question of legitimate expectation by then. The study exposed the complexity of this principle in our current labour laws. The two schools of thoughts regarding the principle have been analysed herein and a proper recommendation was made.

Thesis (LLM. (Development Management Law)) -- University of Limpopo, 2015 / Water is the source of life for human beings, animals and plants also need water for them to grow. The scourge of water pollution in our country due to various reasons is of great concerns and if left unattended will have dire consequences. Uncontrolled water pollution results in health hazards to human beings, animals and other living things. In terms of our Constitution the state as a custodian of all natural resources has a duty to ensure that water as a scarce resource is preserved for the present and future generations. Legislative measures are needed in order to ensure that same prevails. Legislation imposes measure such as a permit and its condition that must be respected by the holder of such permit. Failure to observe the condition of the permit is punishable by law for both corporates and human beings. Most environmental crimes are caused not by a deliberate intention or negligence but by poor or ineffective management systems. Public education is important in ensuring that water pollution does not take place. Authorities must also be strict in ensuring compliance with permits and prevention of water pollution as prevention is better that cure. This dissertation examines water pollution legislation in South Africa, India and the United Kingdom and offers a comparative analysis and recommendations to South Africa. The three countries are developed and also allocated in three different continents. The examination and analysis of how they fight water pollution gives a chance to South Africa on how it may improve its legislation and maintain its water quality.

Thesis (LLM. (Labour Law)) --University of Limpopo, 2014 / This mini-dissertation deals with the adjudication and conciliation of the pension fund complaints as regulated by the Pension Funds, Act, 24 of 1956 (the Act). Section 30E of the Act gives the Pension Funds Adjudicator powers to investigate any complaint that has been lodged within the period of 3 years as prescribed by the law. This mini-dissertation further discusses the powers of the Adjudicator and the way the Office of the Pension Funds Adjudicator was established. The research further discusses the determinations issued by the Adjudicator which are ground-breaking which interpret the Act.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2014 / This mini-dissertation deals with the adjudication and conciliation of the pension fund complaints as regulated by the Pension Funds, Act, 24 of 1956 (the Act). Section 30E of the Act gives the Pension Funds Adjudicator powers to investigate any complaint that has been lodged within the period of 3 years as prescribed by the law. This mini-dissertation further discusses the powers of the Adjudicator and the way the Office of the Pension Funds Adjudicator was established. The research further discusses the determinations issued by the Adjudicator which are ground-breaking which interpret the Act.

South African investors who have invested or plan to invest their funds offshore have to comply with various legislations, more particularly, the Income Tax Act and the Exchange Control Act. The change-over process from a source basis to a world-wide basis has left many resident investors confused. The need for clarity is exacerbated by the amnesty granted to residents of South Africa, in terms of exchange control and income tax contraventions relating to offshore assets. Resident investors put together complex structures using trusts and companies to 'conceal' their assets. This amnesty provided investors with an opportunity to declare their investments and to legalise their foreign investment tax affairs without the fear of criminal prosecution. The practical application of the various tax provisions is complex and the consequences of non-compliance are severe. Many resident investors are unaware that they could apply to them. There are two crucial questions that are the cornerstone of this study and they have a significant impact on the future planning opportunities that may exist: • First, is the use of an offshore trust or foreign company beneficial? • Secondly, what is the most tax-efficient offshore investment vehicle? The aim of this dissertation is to investigate and identify the various forms of tax legislation as it relates to these foreign structures and investment vehicles, and then to provide a focused analysis of the relevant legislation. A case study is provided to facilitate the understanding and research of this topic. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2009.

This study forms a unique study of South African diamond laws as developed in the context of the South African constitutional dispensation. This study is therefore a contribution to legal research and academia which forms an in depth consideration of international trade practices that influence the diamond industry which is used in this study specifically as a sample market. The diamond industry in South Africa provides a relatively comparatively small but resilient source of economic activity through trade in diamond products as luxury items and items used for industrial purposes. It is therefore crucial that laws related to the regulation of this industry are comprehensively and analytically studied for the purposes of understanding South African national and international diamond trade regulatory framework. This is done with the aim of illustrating that there has been a significant shift of prevailing wisdom in the South African diamond trade industry. It is now evident that more constitutionally justifiable and internationally sound diamond trade practices have been adopted and applied. This study not only serves to benefit South Africa as a diamond producing country but it will also add required knowledge related to the international trade context particularly having regard to the fact that South Africa plays a significant role in the global economy and its diamond trading activities do not occur in a vacuum. Therefore the international trade aspect of this study lends it a dual purpose analysis of diamond regulation laws. 1 Report of Task Team Appointed by the Minister of Minerals & Energy to Analyze the Memoranda and Evidence Laid Before The Commission of Inquiry into the South African Diamond Industry, 20 December (1999). Chapter 5. This was stated in the submissions by Mr. L.A. Lincon, a director of De Beers. He stated that South Africa had 10% by volume of the world total of around 105 million carats. South African mines are no longer major producers of all desired qualities. As a result it was agreed in 1992 that rough diamonds destined for South African factories could be provided from the CSO’s (Central Selling Organization) full range of diamonds available in London from sources world-wide. / Thesis (LL.D.)-University of KwaZulu-Natal, Durban, 2009.

At present in South Africa, personal compensation in relation to motor vehicle accidents is firmly based on the delictual principle of 'fault'. This gives rise to a number of questions: Is this the system best suited to the realities of the motor vehicle and its accident-causing potential in modern society? Are the interests of society best served by a system of compensation based on fault? Is this the optimum system for the handling of the vast number of claims arising out of motor vehicle accidents? Are there alternative workable schemes which could be introduced? To these questions the writer addresses herself in this thesis. By no means will this thesis answer all the intricate and complex questions involved in the fault vs. no-fault debate. However, it is hoped that what follows will contribute to a better understanding of the basic issues involved and will facilitate further discussion with a view to improving the lot of the motor vehicle accident victim. / Thesis (LL.M.)-University of Natal, Durban, 1986.

This dissertation serves as an analysis of the current legislation criminalising both prostitution and homosexuality. The object of the dissertation is to explore the possibility of decriminalisation in the aforementioned areas of the criminal law, on the premise that the criminalisation of the aforementioned areas is not justified. The dissertation provides an overview of the historical progression of the law in relation to the sexual offences of homosexuality and prostitution, and examines the legislative trends that emerge within the historical context. The law and its relation to morality is explored, with the objective of examining whether morality can serve as a sufficient justification for criminalisation of conduct. Additionally the legislative justification for criminalising both homosexuality and prostitution is explored in order to determine the legitimacy thereof The current legislation is defined and examined. The Constitution of South Africa, and specifically the Bill of Rights is investigated to determine whether there can be any foundation therein for an appeal for decriminalisation. Finally, an examination of legislative alternatives is documented. The conclusion is then derived therefrom. The purpose of the dissertation is to examine the decriminalisation of victimless sexual offences, and the results of the research demonstrate favourably towards such an initiative. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1996.

No abstract available / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

The 1994 democratic elections, which were the first of their kind in South Africa, served as a significant turning point for the country as they marked the end of an oppressive regime and the beginning of a long sought after dispensation; democracy. The change in dispensation was not only limited to the political sphere but naturally filtered through to every aspect of South African life including the broadcasting industry. In fact, leading up to the elections, a number of negotiations had begun centered around the necessary restructuring of the national broadcaster; the South African Broadcasting Corporation (SABC). In regard to this moment in history, Raymond Louw (1993: 01) mentions that, there had "never been a time in South Africa when debate about media, its conduct, structures, ownership and control hard] been so intense". The negotiations were deemed important for a number of reasons. Firstly the media, by virtue of their perceived power and ability to influence the general public, are a highly contested domain. It was therefore essential for a consensus to be reached on how the SABC, for example, would be managed during this time so that no parties would be left at a disadvantage. Secondly, the SABC had earned a reputation as the Nationalist government propaganda machine and therefore had to be freed of this undemocratic burden. The paper is thus a case study of the SABC and the Independent Communications Authority of South Africa (ICASA). Issues of ownership, control, regulation and the role of public service broadcasting will be discussed primarily from a political economic perspective. / Thesis (M.A.)-University of KwaZulu-Natal, 2006.