This research focused on the legal response to the HIV/ AIDS epidemic in South Africa. The response adopted by the South African legislators embraces the protective model of the law. The philosophy underpinning this legislation is to engender respect for individuals and to promote human rights and in the context of HIV/AIDS, reduce the presence of stigmas and discrimination. Such an approach is commendable however in South Africa given the nature and extent of the crisis a more proactive legal response is required. Such a response is encapsulated within the empowerment model of legislation. The aim of this research was to demonstrate the need for such an approach in a work environment. In order to do so, a study of the Durban Metropolitan Unicity Municipality was undertaken. As a public institution such an entity is obliged to follow all employment laws and guidelines. This characteristic ensures that problems and advantages that arise regarding the implementation of protective legislation can be easily ascertained. The research was conducted by using a case study approach within a qualitative research methodology. The snowball method of sampling was relied on for obtaining respondents and the data collection technique adopted was interviewing specifically, semi-structured interviewing. Members of the Durban Metropolitan Unicity Municipality were interviewed on the primary aspects of its workplace policy on HIV/AlDS, which is based on the guiding principles of the protective employment laws of South Africa. The main findings of this research suggest that the protective model of legislation has not achieved a noteworthy level of success in the workplace of the Durban Metropolitan Unicity Municipality. This finding is derived from the Iow levels of awareness of employment legislation and the workplace policy, high incidence of discrimination prevalent and stigmas still attached to one's HIV/AlDS status, and general dissatisfaction with specific provisions of the workplace policy that are based on the principles of protective employment legislation. An alternative legal response was advocated namely, the empowerment model of legislation which is much more proactive in its application. This model of law focuses on the legal empowerment of people and is conducive to stimulating positive social changes. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2001.

The research is on the assessment of municipalities within the Eastern Cape Province to determine the capacity they have towards implementing the Municipal Finance Management Act No 56 of 2003 (MFMA). The research targeted Municipal Managers and Chief Financial Officers as these are the people charged by the Act with the responsibility of ensuring proper implementation and compliance by the Municipalities with the Act. The project was conducted at the level of the district municipality. This level of municipalities was considered sufficient as it would ensure a broad and in depth coverage of the assessment throughout the Province. This project aims to uncover strengths and weaknesses of municipalities. Municipalities with strong features are appraised of their strengths and recommendations are given towards the end of the dissertation to change the negatives into positives. The prime source used in developing the questionnaire is the MFMA. The questionnaire looks at various aspects of the Act and assesses capacity in terms of fourteen specific areas. / Thesis (MBA)-University of KwaZulu-Natal, Durban, 2006.

Property around the world is regarded as a pillar of wealth creation. South Africa is no exception, being a capitalist society with residential property by large forming a base of individual wealth, as an investment class. A new set of legislation which was promulgated in June 2007 and which promotes and advances the social and economic welfare of South Africans, by advocating a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market industry thereby ultimately protecting the consumer. This new legislation, the National Credit Act 34 of 2005 replaced the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The effects of this legislation ricocheted into the South African economy generating conflicting outcomes. The purpose of this research investigated the paradoxical effect of the National Credit Act on the South Africa Residential Property Market. The dissertation first carried out a thorough review of the literature of the South African Legislation pertaining to the property market post and prior to the promulgation of the National Credit Act, South African Residential Property Market, South African Residential Rental Market and South African Building and Construction Industry. The study sought to validate the paradoxical effect of the legislation by analysing secondary data to investigate the contribution and correlation of mortgage loan advances, residential rental market growth and residential construction activity. The analyses revealed a strong direct correlation between the implementation of the National Credit Act and mortgage loan advances; residential rental growth and the performance of the residential construction industry, respectively. The data analysis from the questionnaires carried out on six residential property developers further reiterated the strong correlation as illustrated by the secondary data analyses. The main findings of this study revealed that the implementation of this legislation resulted in a paradoxical effect on the South African property market. Home ownership decreased, while rentals sky-rocketed, forcing households to accede to higher rentals which are not governed by the Act. Furthermore, confidence as well as job creation in the residential construction industry slumped to an all time low, resulting in job losses and fewer homes being built. The research therefore concluded that the decline in the home ownership market and the consequential growth in the residential rental market is a result of the implementation of the National Credit Act and substantiates the paradoxical effect of the Act. / Thesis (M.B.A.)-University of KwaZulu-Natal, Westville, 2009.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1992.

For eighty-six years up to the year 2000, the South African income tax system was based primarily on the source principle. This meant that only income which was from a source in the Republic or deemed to be from a source in the Republic was taxable in the hands of residents. The election of a new Government in 1994, and the subsequent relaxation in exchange controls, necessitated a change from the source-based system of taxation to a residence-based system of taxation. The residence-based system of taxation in turn necessitated the introduction of new legislation to ensure that South African residents were taxed on their foreign source income, and appropriate anti-avoidance provisions were in place in order to prevent an erosion of the South African tax base. The residence-based system of taxation was phased into South Africa by the introduction of section 9C to the Act. Section 9C was introduced in 1997 as an interim and partial provision which provided for the taxation of foreign passive income on a residence-basis. A possible loophole that the revenue authorities needed to deal with at the time was the fact that residents could establish controlled foreign companies in low tax jurisdictions and divert and accumulate income in such foreign jurisdictions, thereby escaping the South African tax net by avoiding or at least deferring South African tax on such income. Section 9D was introduced simultaneously with section 9C in 1997 as the specific antiavoidance provision in this regard. With the introduction of a residence-based system of taxation effective from years of assessment commencing on or after 1 January 2001, section 9C was repealed. As a result section 9C and the concepts of 'active, and 'passive' income are of historical significance, and the main focus in terms of a residence-based taxation system now remains a decision regarding whether or not a taxpayer is a 'resident' as defined in the Act. This dissertation critically analyses the structure, application, exemptions and shortcomings of section 9D as an anti-avoidance provision consequential upon the introduction of a residence-based system of taxation, and states the law up to and including the Revenue Laws Amendment Act 74 of 2002, which took effect from the commencement of years of assessment ending on or after 1 January 2003. / Thesis (M.Com.)-University of Natal, Pietermaritzburg, 2003.

No abstract available. / Thesis (LL.M)-University of Durban-Westville, 2001.

The practice of torture is an affront to human dignity. Freedom from torture is an absolute human right. Laws that violated human rights and entrenched racial divisions characterized the apartheid era in South Africa. However, the transition from a repressive state to a democratic one, gave “birth” to a Constitution characterized by fundamental human rights, social justice and open democratic societal values. In order to have any real meaning, the human rights enshrined in the Constitution and various National and International instruments, needs to be realized in everyday life. These rights are valuable in that they provide the tools to empower victims, or rather, survivors of torture and other cruel, inhuman and degrading treatment. A Criminal Justice System that focuses on victims’ rights and empowerment has the ability to transform the current maze that one must navigate to access justice. In keeping with its obligations as a signatory in 1984 to the UN Convention against Torture, South Africa has 29 years later, in 2013, passed in its parliament the first Legislative Act creating the specific offence of torture. This paper critically appraises the current state of legislative and other provisions in the light of South Africa’s position against torture and analyses its fresh new law with the objective of establishing how effective these measures will be and what future recommendations are required for reinforcing its prevention. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2014.

Industrial fishing practices and market-demand for shark products (in particular meat and fins) are decimating shark populations in many parts of the world, threatening stock collapses, species extinctions and broader ecological impacts. This dissertation explores the development of the international legal regime applicable to the conservation and management of sharks, and seeks to document and provide a critical analysis of the fisheries management and conservation instruments and measures that apply or can be applied to sharks. This is followed by a review and critical analysis of the South African legal regime applicable to the conservation and management of sharks, which to the writer’s knowledge has not been clearly documented in referenced research. Both the international and South African regulatory regimes relating to the conservation and management of sharks are characterized by fragmentation, lack of co-ordination and enforcement challenges that risks duplication of effort and regulatory gaps. However, it is argued that the existing mix of hard and soft law instruments does provide a suite of regulatory options, guiding principles and frameworks which, if effectively coordinated, refined, implemented and enforced, could go a long way towards protecting sharks from overexploitation internationally and within South African waters. It is argued that the precautionary and ecosystems approaches need to applied at both a national and international level to ensure that shark are managed in an ecologically sustainable manner. Where appropriate, a moratorium (or at least a significant limitation) on the killing of sharks (through both directed and by-catch fisheries) should be imposed until such time as sufficient scientific data is available to demonstrate that shark fishing does not pose a significant risk of serious or irreversible harm. It is argued further that South Africa needs to make a serious commitment to improving shark conservation and management measures by making sufficient human and financial resources available to achieve its shark conservation and management objectives, and that the fragmented national legal regime could be enhanced and rationalised by promulgating a single shark-specific regulation that deals specifically with the conservation and management of sharks. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2014.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party.