Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This study will analyse section 37D of the Pension Funds Act, 24 of 1956. The analysis will also give insight to pension benefits, and how they are afforded special protection by the legislature. Section 37A (1) prohibits the reduction, transfer, cession, pledge or hypothecation of pension benefits. In terms of the Act if a member becomes insolvent, pension benefits are deemed not to form part of the insolvent estate and are thereby protected from erosion by creditors. Section 37C of the Act deems pension benefits payable on the death of a member, subject to certain exceptions, not to form part of the assets of the estate of the deceased member. Section 19 of the Act also serves to protect pension benefits by restricting the manner in which a fund’s assets may be invested.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini-dissertation evaluates the laws regulating beneficiary funds in South Africa. A beneficiary fund is a fund established for the purposes of accepting lump sum death benefits awarded in terms of Section37C of the Pension Funds Act (the Act) to a beneficiary (dependant or nominee) on the death of a member, which are not paid directly to that beneficiary or to a trust nominated by the member, or to the member’s estate or to the guardian’s fund. This replaces the previous payments to trusts and a fund can now only pay to a trust if the trust was nominated by the member, a major dependant or nominee; a person recognised in law or appointed by a court as the person responsible for managing the affairs or meeting the daily care needs of a minor or incapacitated major dependant or nominee. Any association of persons or business carried on under a fund or arrangement established with the object of receiving, administering, investing and paying benefits, referred to in section 37C on behalf of beneficiaries, payable on the death of more than one member of one or more pension funds is a beneficiary fund and must be registered by the Financial Services Board and approved. Beneficiary funds were introduced as a result of the amendments to the Pension Funds Act into the Financial Services Laws General Amendment Act, 22 of 2008. The beneficiary funds were introduced with stronger regulatory framework. They have sufficient governance, reporting requirements and conduct annual audits.

Thesis (LLM> (Labour Law)) -- University og Limpopo, 2013 / The South African government has paid compensation in a form of special pension to individuals who have been exposed to certain types of hardship and suffering caused by the governments or their predecessors. This compensation is described as ‘the appreciation or sense of guilty of society towards those people on whom the government has rightfully or wrongfully and at any rate disproportionally inflicted damage’. Government have been prepared to pay compensation to the following persons: former enemies, victims of war, victims of harmful compulsory vaccination measures, persons who had sacrificed their jobs and education in the process of overturning oppressive governments establishing democratic government; and persons whose basic human rights had been violated by governments or their predecessors. These persons have sacrificed their lives either in exile or within South Africa fighting for South Africa to be democratic. These persons must prove that they served their respective political organisations for a period of five years or above or they were banished or restricted in certain area or imprisoned or sentenced.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012 / The overlap between misconduct and incapacity in case of intoxication and alcoholism remains a grey area. It is trite that an employee can be dismissed if under the influence of alcohol during working hours. On the other hand, the Code of Good Practice: Dismissal for conduct and incapacity in item (10) of schedule 8 of the Labour Relations Act 66 of 1995 singles out alcoholism as a form of incapacity that may require counselling and rehabilitation. There is a thin line between cases in which intoxication can be treated as misconduct, and those cases in which alcoholism should be treated as incapacity. The purpose of this study is to critically analyse dismissal on the grounds of alcoholism and intoxication at the workplace.

Thesis (LLM. (Development and Management)) -- University of Limpopo, 2012 / Occupational health, safety and wellbeing of employees is an important factor in the socioeconomic development of a country hence the need for South Africa as a developmental state, to give priority to the health and safety of employees in the country as employees are key to socio-economic development. The right to an environment that is not detrimental to the health and wellbeing of employees is also entrenched in the Constitution of the Republic making it a fundamental right which should be enjoyed by all. Laws related to occupational health and safety have been enacted in South Africa with a view to, on the one hand, prevent occupational injuries, diseases or deaths and on the other hand to provide compensation where such occurs. This study seeks to determine which of the laws are applicable, whether they are reasonable when compared to the constitutional requirements and South Africa’s obligations as a member of the international community. Comparisons are also made with other countries and recommendations made for the South African government to adequately ensure the health, safety and wellbeing of employees in the country.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini-dissertation evaluates the laws regulating beneficiary funds in South Africa. A beneficiary fund is a fund established for the purposes of accepting lump sum death benefits awarded in terms of Section37C of the Pension Funds Act (the Act) to a beneficiary (dependant or nominee) on the death of a member, which are not paid directly to that beneficiary or to a trust nominated by the member, or to the member’s estate or to the guardian’s fund. This replaces the previous payments to trusts and a fund can now only pay to a trust if the trust was nominated by the member, a major dependant or nominee; a person recognised in law or appointed by a court as the person responsible for managing the affairs or meeting the daily care needs of a minor or incapacitated major dependant or nominee. Any association of persons or business carried on under a fund or arrangement established with the object of receiving, administering, investing and paying benefits, referred to in section 37C on behalf of beneficiaries, payable on the death of more than one member of one or more pension funds is a beneficiary fund and must be registered by the Financial Services Board and approved. Beneficiary funds were introduced as a result of the amendments to the Pension Funds Act into the Financial Services Laws General Amendment Act, 22 of 2008. The beneficiary funds were introduced with stronger regulatory framework. They have sufficient governance, reporting requirements and conduct annual audits.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / The South African government has paid compensation in a form of special pension to individuals who have been exposed to certain types of hardship and suffering caused by the governments or their predecessors. This compensation is described as ‘the appreciation or sense of guilty of society towards those people on whom the government has rightfully or wrongfully and at any rate disproportionally inflicted damage’. Government have been prepared to pay compensation to the following persons: former enemies, victims of war, victims of harmful compulsory vaccination measures, persons who had sacrificed their jobs and education in the process of overturning oppressive governments establishing democratic government; and persons whose basic human rights had been violated by governments or their predecessors. These persons have sacrificed their lives either in exile or within South Africa fighting for South Africa to be democratic. These persons must prove that they served their respective political organisations for a period of five years or above or they were banished or restricted in certain area or imprisoned or sentenced.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2015 / Section 37C of the Pension Funds Act was introduced primarily to ensure that death benefits are paid in accordance with the object of the Act and government policy. Its purpose is to make sure that the dependants of the deceased member are not left destitute upon the death of the member. In order to achieve this, the death benefits are placed under the control of the trustees who are tasked with the duty to distribute the benefits equitably among the beneficiaries. According to this section, death benefits do not form part of the deceased’s estate and as a result a beneficiary under the last will and testament of the deceased is not necessarily a beneficiary under section 37C of the Act. The board of trustees will consider a person as a beneficiary if the deceased member has nominated such a person in a valid nomination form. This section therefore overrides the deceased’s freedom of testation because the board of trustees are not bound by the deceased’s wishes as completed in the nomination form. A nomination form is one of the factors which the trustees have to consider in the exercise of their discretion to make an equitable distribution.

M. Tech. Business Information Systems Tshwane University of Technology 2011. / This is a South African case in which some kind of justified divergence on the use of cyber-digital copyright protected material of the author referred to as 'fair-use' exists. What exactly is it and to what extent fair-use should be considered fair according to the 'fair-use doctrine'? What may be the concomitant permissibility between cyber-law of copyright protection and fair-use defence? Is it treated on the basis of take-it-or-leave-it or is it a win-win situation? What does our law say about this? In order to answer these questions, this study focused on the effect of cyber-law of copyright on South African academic and research institutions. The study covered topics that include how cyber-law of copyrights has changed access to works. It will also indicate what the effect of legislation is (or the lack thereof) on fair-use vis-à-vis the copyright protection, all of these being exposed to management of cyber-copyrights at the said institutions. Apart from a short synopsis on the conflict, de minimis copying (copying small) and substantial taking, it finally, also reflects, based on this theory, the fundamental conflict theme as envisaged and propagated between both the copyrights and fair-use contradistinction. In order to realize all these, the research will also look into ways of circumventing the possibility of infringement by not only extensively examining, through hypothetical scenario, cyber-law of copyrights protection, but also examining the fair-use defence. Empirical research in the faculty of Information and Communication Technology of Universities of Technology has also been conducted. The Study thus concludes by illuminating that as the IS researchers fare with the impression that copyrights law is, to some extent, only limited to printed and not digital information, the IS researchers, as are not legal experts, need some form of legal orientation on the interpretation of copyrights law in order to promote IS scholarship.

The aim of this technical report is to serve as a handy expose of the relevant provisions of various statutes for attorneys, accountants and other advisors who have to deal with the relevant tax laws affecting the establishment, utilisation and dissolution of trusts. The South African Acts which are the subject of this technical report were promulgated on or before 31 December 1998. They are as follows: • The Income Tax Act, No. 58 of 1962. • The Transfer Duty Act, No. 40 of 1949. • The Value Added Tax Act, No. 89 of 1991. • The Estate Duty Act, No. 45 of 1955. The principal South African taxes dealt with in this report are as follows: • Normal Tax. • Donations Tax. • Transfer Duty. • Value Added Tax. • Estate Duty. / Thesis (LL.M.)-University of Natal, Durban, 1999.