Subjects -> LAW (Total: 1571 journals)
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    - LAW (964 journals)
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LAW (964 journals)            First | 1 2 3 4 5     

Showing 601 - 354 of 354 Journals sorted alphabetically
Papeles     Open Access  
Passagens. Revista Internacional de História Política e Cultura Jurídica     Open Access  
Pattimura Law Journal     Open Access   (Followers: 1)
Peking University Law Journal     Hybrid Journal  
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Penn Statim : Online Companion to the Law Review     Open Access   (Followers: 1)
Pepperdine Dispute Resolution Law Journal     Open Access   (Followers: 7)
Pepperdine Law Review     Open Access   (Followers: 4)
Pepperdine Policy Review     Open Access  
Peritia     Full-text available via subscription   (Followers: 8)
Perspectivas de las Ciencias Económicas y Jurídicas     Open Access  
Perspectives on Political Science     Hybrid Journal   (Followers: 27)
Petita : Jurnal Kajian Ilmu Hukum dan Syariah     Open Access  
Physics of the Solid State     Hybrid Journal   (Followers: 4)
Pittsburgh Journal of Environmental and Public Health Law     Open Access  
Pittsburgh Journal of Technology Law and Policy     Open Access   (Followers: 2)
Planeta Amazônia : Revista Internacional de Direito Ambiental e Políticas Públicas     Open Access  
Planning & Environmental Law: Issues and decisions that impact the built and natural environments     Hybrid Journal   (Followers: 6)
Planning Theory     Hybrid Journal   (Followers: 7)
Planning Theory & Practice     Hybrid Journal   (Followers: 9)
Pólemos     Hybrid Journal  
Police Journal : Theory, Practice and Principles     Hybrid Journal   (Followers: 451)
Policy & Politics     Hybrid Journal   (Followers: 14)
Polish Yearbook of Environmental Law     Open Access   (Followers: 1)
Political Science Quarterly     Hybrid Journal   (Followers: 53)
Potchefstroom Electronic Law Journal     Open Access   (Followers: 2)
Pravni Vjesnik     Open Access  
Prawo Budżetowe Państwa i Samorządu     Open Access  
Precedente. Revista Jurídica     Open Access  
Principia Iuris     Open Access  
Prisma Juridico     Open Access  
Prison Journal     Hybrid Journal   (Followers: 28)
Problema Anuario de Filosofía y Teoría del Derecho     Open Access   (Followers: 1)
Progress in Planning     Hybrid Journal   (Followers: 1)
Projeção, Direito e Sociedade     Open Access  
Prolegomenos. Derechos y Valores     Open Access   (Followers: 1)
Prometheus : Critical Studies in Innovation     Hybrid Journal   (Followers: 3)
Prosecutor : Journal of the National District Attorneys Association     Full-text available via subscription  
Prudentia Iuris     Open Access   (Followers: 1)
Przegląd Prawa Ochrony Środowiska     Open Access  
Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza / Adam Mickiewicz University Law Review     Open Access  
Psychological Injury and Law     Hybrid Journal   (Followers: 1)
Psychology and Law     Open Access   (Followers: 3)
Psychology, Crime & Law     Hybrid Journal   (Followers: 26)
Psychology, Public Policy, and Law     Full-text available via subscription   (Followers: 14)
Public Land and Resources Law Review     Open Access  
Public Space: The Journal of Law and Social Justice     Open Access   (Followers: 2)
Queen Mary Journal of Intellectual Property     Full-text available via subscription   (Followers: 11)
Questione giustizia     Full-text available via subscription  
QUT Law Review     Open Access   (Followers: 5)
Raízes no Direito     Open Access   (Followers: 3)
Rassegna di Diritto, Legislazione e Medicina Legale Veterinaria     Open Access  
Ratio Juris     Hybrid Journal   (Followers: 20)
Recht der Energiewirtschaft     Hybrid Journal  
Rechtsidee     Open Access   (Followers: 3)
Religion, State and Society     Hybrid Journal   (Followers: 6)
Res Severa Verum Gaudium     Open Access   (Followers: 1)
Revenue Law Journal     Open Access  
Review of Central and East European Law     Hybrid Journal   (Followers: 8)
Review of European Administrative Law     Full-text available via subscription   (Followers: 4)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of Finance     Hybrid Journal   (Followers: 58)
Review of Litigation, The     Full-text available via subscription  
Review of Politics     Full-text available via subscription   (Followers: 5)
Revista Abya-Yala     Open Access   (Followers: 1)
Revista Acadêmica : Faculdade de Direito do Recife     Open Access  
Revista Arbitrada de Ciencias Jurídicas y Criminalísticas Iustitia Socialis     Open Access  
Revista Brasileira de Direito     Open Access   (Followers: 2)
Revista Catalana de Dret Privat     Open Access  
Revista catalana de dret públic     Open Access   (Followers: 2)
Revista CES Derecho     Open Access   (Followers: 1)
Revista CESCO de Derecho de Consumo     Open Access   (Followers: 2)
Revista Chilena de Derecho     Open Access   (Followers: 2)
Revista Chilena de Derecho del Trabajo y de la Seguridad Social     Open Access  
Revista Chilena de Derecho Privado     Open Access   (Followers: 1)
Revista Chilena de Derecho y Tecnología     Open Access   (Followers: 1)
Revista Chilena de Historia del Derecho     Open Access   (Followers: 1)
Revista Ciencias Humanas     Open Access   (Followers: 1)
Revista Científica Codex     Open Access   (Followers: 1)
Revista Científica do Curso de Direito     Open Access  
Revista da Faculdade de Direito da UERJ     Open Access   (Followers: 1)
Revista da Faculdade de Direito da UFRGS     Open Access  
Revista da Faculdade de Direito UFPR     Open Access   (Followers: 1)
Revista da Faculdade Mineira de Direito     Open Access  
Revista de Bioética y Derecho     Open Access  
Revista de Ciencias Forenses de Honduras     Open Access   (Followers: 3)
Revista de Ciências Jurídicas     Open Access   (Followers: 1)
Revista de Ciencias Jurídicas     Open Access   (Followers: 1)
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho     Open Access  
Revista de Derecho (Concepción)     Open Access   (Followers: 2)
Revista de Derecho (Coquimbo)     Open Access  
Revista de Derecho Comunitario Europeo     Open Access   (Followers: 1)
Revista de Derecho de la Pontificia Universidad Católica de Valparaíso     Open Access  
Revista de Derecho de la Seguridad Social, Laborum     Open Access   (Followers: 2)
Revista de Derecho de la UNED (RDUNED)     Open Access  
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Derecho Fiscal     Open Access  
Revista de Derecho Político     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Privado     Open Access  
Revista de Derecho Público     Open Access  
Revista de Direito     Open Access  
Revista de Direito Agrário e Agroambiental     Open Access  
Revista de Direito Ambiental e Socioambientalismo     Open Access  
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de Direito da Administração Pública     Open Access  
Revista de Direito da Faculdade Guanambi     Open Access  
Revista de Direito Sanitário     Open Access  
Revista de Direito Sociais e Políticas Públicas     Open Access  
Revista de Educación y Derecho     Open Access  
Revista de Estudios de la Justicia     Open Access  
Revista de Estudios Historico-Juridicos     Open Access   (Followers: 1)
Revista de Estudos Empíricos em Direito     Open Access  
Revista de Estudos Institucionais     Open Access  
Revista de Historia del Derecho     Open Access   (Followers: 1)
Revista de la Escuela de Medicina Legal     Open Access   (Followers: 3)
Revista de la Facultad de Derecho (Universidad Nacional de Córdoba)     Open Access   (Followers: 1)
Revista de la Facultad de Derecho :     Open Access   (Followers: 1)
Revista de la Facultad de Derecho : Universidad de la República     Open Access  
Revista de la Facultad de Derecho y Ciencias Políticas     Open Access  
Revista de la Maestría en Derecho Procesal     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista de Llengua i Dret     Open Access  
Revista de Movimentos Sociais e Conflitos     Open Access  
Revista de Processo, Jurisdição e Efetividade da Justiça     Open Access  
Revista de Sociologia, Antropologia e Cultura Jurídica     Open Access  
Revista Derecho del Estado     Open Access  
Revista Diálogos do Direito     Open Access  
Revista Digital Constituição e Garantia de Direitos     Open Access  
Revista Digital de Derecho Administrativo     Open Access   (Followers: 1)
Revista Direito Ambiental e Sociedade     Open Access   (Followers: 1)
Revista Direito e Práxis     Open Access   (Followers: 1)
Revista Direito GV     Open Access   (Followers: 1)
Revista Direitos Emergentes na Sociedade Global     Open Access   (Followers: 1)
Revista Direitos, Trabalho e Política Social     Open Access  
Revista do Curso de Direito     Open Access  
Revista do Curso de Direito do Centro Universitário Brazcubas     Open Access  
Revista dos Estudantes de Direito da UnB     Open Access   (Followers: 1)
Revista Electrónica Cordobesa de Derecho Internacional Público : RECorDIP     Open Access  
Revista Eletrônica de Direito Processual     Open Access  
Revista Eletrônica Direito e Política     Open Access  
Revista Eletrônica do Curso de Direito - PUC Minas Serro     Open Access  
Revista Eletrônica do Curso de Direito da UFSM     Open Access   (Followers: 2)
Revista Española de Medicina Legal     Full-text available via subscription   (Followers: 1)
Revista Estudios Jurídicos     Open Access  
Revista Estudios Socio-Jurídicos     Open Access   (Followers: 1)
Revista Eurolatinoamericana de Derecho Administrativo     Open Access   (Followers: 1)
Revista FIDES     Open Access  
Revista Historia y Justicia     Open Access  
Revista Icade. Revista de las Facultades de Derecho y Ciencias Económicas y Empresariales     Full-text available via subscription  
Revista Internacional de Derecho del Turismo     Open Access  
Revista Internacional de Doctrina y Jurisprudencia     Open Access  
Revista IUS     Open Access  
Revista Jurídica     Open Access   (Followers: 1)
Revista Jurídica da UFERSA     Open Access  
Revista Jurídica de Asturias     Open Access  
Revista Jurídica de la Universidad de León     Open Access  
Revista Jurídica do Cesuca     Open Access  
Revista Jurídica IUS Doctrina     Open Access  
Revista Jurídica Portucalense/Portucalense Law Journal     Open Access  
Revista Jurídica Universidad Autónoma de Madrid     Open Access  
Revista Latinoamericana de Derecho Social     Open Access   (Followers: 1)
Revista Latinoamericana de Derechos Humanos     Open Access   (Followers: 2)
Revista Opinión Jurídica     Open Access  
Revista Pedagogía Universitaria y Didáctica del Derecho     Open Access  
Revista Persona y Derecho     Full-text available via subscription  
Revista Pesquisas Jurídicas     Open Access  
Revista Quaestio Iuris     Open Access   (Followers: 2)
Revista Videre     Open Access   (Followers: 3)
Revue du Droit des Religions     Open Access   (Followers: 3)
Revue générale de droit     Full-text available via subscription   (Followers: 3)
Revue internationale de droit pénal     Full-text available via subscription  
Revue Marocaine de Droit, d’Economie et de Gestion     Open Access  
Revue pro právo a technologie     Open Access  
Riau Law Journal     Open Access  
Risalat al-huquq Journal     Open Access   (Followers: 1)
Roger Williams University Law Review i     Open Access   (Followers: 3)
RUDN Journal of Law     Open Access  
Rule of Law and Anti-Corruption Center Journal     Open Access   (Followers: 1)
Russian Law Journal     Open Access  
Russian Politics & Law     Full-text available via subscription   (Followers: 9)
SA Mercantile Law Journal = SA Tydskrif vir Handelsreg     Full-text available via subscription   (Followers: 1)
Santa Clara Computer & High Technology Law Journal     Open Access   (Followers: 5)
Santa Clara Law Review     Open Access  
Science & Justice     Hybrid Journal   (Followers: 446)
ScienceRise : Juridical Science     Open Access  
Scientiam Juris     Open Access   (Followers: 1)
Scientometrics     Hybrid Journal   (Followers: 40)
SCRIPTed - A Journal of Law, Technology & Society     Open Access   (Followers: 13)
Seattle Journal for Social Justice     Open Access   (Followers: 3)
Seattle University Law Review     Open Access   (Followers: 3)
Selçuk Üniversitesi Hukuk Fakültesi Dergisi / Selçuk Law Review     Open Access  
Seqüência : Estudos Jurídicos e Políticos     Open Access  
Seton Hall Circuit Review     Open Access  
Seton Hall Journal of Sports and Entertainment Law     Open Access   (Followers: 3)
Seton Hall Law Review     Open Access   (Followers: 2)
Singapore Academy of Law Annual Review of Singapore Cases     Full-text available via subscription  

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
SA Mercantile Law Journal = SA Tydskrif vir Handelsreg
Number of Followers: 1  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 1015-0099
Published by Sabinet Online Ltd Homepage  [185 journals]
  • Background to the regulation of fairness in consumer contracts
    • Authors: Philip N. Stoop
      Abstract: The issue of fairness in contracts is often described in terms of juxtapositions such as freedom of contract as against fairness, or individualism as against paternalism, collectivism, or welfarism. The concept 'fairness' has been implemented in full in consumer contracts by the Consumer Protection Act (CPA), and the emphasis therefore moved from freedom of contract to fairness. To understand what the concept 'fairness' entails, one has to understand its philosophical context. In this article, I shall therefore explain the philosophical context within which the regulation of fairness in the law of contract, with specific reference to the CPA, must be understood. This article examines a freedom-oriented approach as against a fairness-oriented approach with specific reference to procedural and substantive factors.
      PubDate: 2015-01-01T00:00:00Z
       
  • The economic substance doctrine against abusive tax shelters in the United
           States : lessons for South Africa
    • Authors: Benjamin Kujinga
      Abstract: The avoidance of income tax is a practice that is common in tax systems across the whole world. As Jensen notes, '[n]othing is certain but death and taxes? Not true. If taxes are certain, then so too are tax avoidance, tax evasion, and governmental efforts to contain the avoidance and evasion'. Being an inevitable concomitant of tax, tax avoidance, if left unchecked, can result in the substantial erosion of tax bases. A common way of controlling tax avoidance is introducing legislation that regulates the limits of permissible tax avoidance and targets impermissible tax avoidance. This legislation comes in the form of general anti-avoidance rules (GAARs) or specific anti-avoidance rules. The term GAAR means that the rule is broad and is a weapon against all forms of impermissible tax avoidance, which differentiates it from specific anti-avoidance rules, which are only applicable to specific forms of impermissible tax avoidance. In countries such as the United States, the United Kingdom (up until July 2013 when a GAAR was introduced) and the Netherlands (where both a GAAR and judicial doctrines are in place), reliance is placed on judicially created doctrines against impermissible tax avoidance. These judicial anti-avoidance doctrines function as GAARs because they serve a general anti-avoidance purpose and apply to all forms of impermissible tax avoidance.
      PubDate: 2015-01-01T00:00:00Z
       
  • Two decades of special notarial bonds in terms of the Security by Means of
           Movable Property Act
    • Authors: Reghard Brits
      Abstract: It has been just over two decades since the Security by Means of Movable Property Act 57 of 1993 (SMPA) came into operation on 7 May 1993.1 For someone who knows little about its historical context and field of application, the Act's title might create the impression that it is a comprehensive piece of legislation that is at the pinnacle of the South African legal regime regarding the use of movable property as objects of credit security. However, the Act only deals with a specific real security right, namely a pledge that vests in favour of the creditor if the notarial bond is registered in compliance with the requirements of the SMPA. The bond must be registered in accordance with the Deeds Registries Act 47 of 1937 and the object of security must be 'specified and described in the bond in a manner which renders it readily recognizable'. Unlike the traditional common-law pledge, the special notarial bond requires no delivery of the hypothecated movable in order to constitute a real right in favour of the creditor. Instead, the creation of a right of pledge is deemed to be as effective as if there had been valid delivery, notwithstanding that there was none.
      PubDate: 2015-01-01T00:00:00Z
       
  • The reshaping of the co-operatives legal architecture as a result of the
           2013 amendments to the 2005 Co-operatives Act : promoting democratic
           governance and economic sustainability or control and overregulation?
    • Authors: Jeremy Sarkin
      Abstract: In 2013 Parliament enacted broad amendments to the Co-operatives Act 14 of 2005. These were signed into law on 2 August 2013 by the President and published in the Government Gazette of 5 August 2013. These amendments were adopted, as it was believed that while the state has done various things, including establishing state-driven incentive schemes and interventions, there has been little appreciation for the importance, significance and potential of the co-operatives model, and much had to be done to assist and strengthen co-operatives in the country. Government recognised that despite the initiatives and interventions by government it had not been sufficient to allow co-operatives to develop as is envisioned 'despite government having raised its game in an effort to support co-operatives'. In July 2013 the Minister of Trade and Industry, Dr Rob Davies, commented that there was still a lot of work that needs to be done in the country to ensure that co-operatives 'occupy the same position in the economy that co-operatives in other countries do'.
      PubDate: 2015-01-01T00:00:00Z
       
  • Credit provider - who should that be, and how should that be determined
           under the National Credit Act 34 of 2005? : analyses
    • Authors: Paul Nkoane
      Abstract: The case of National Credit Regulator v Opperman 2013 (2) SA 1 (CC) (Opperman) has brought clarity as far as the constitutional validity of the now-deleted s 89(5)(c) of the National Credit Act 34 of 2005 (NCA/the Act) is concerned (s 89(5)(c) was deleted by s 27 of the National Credit Amendment Act 19 of 2014). The facts of the case are as follows:The respondent, Mr Opperman (Opperman), a Namibian and a farmer by trade, lent a total sum of R7 million to a Mr Boonzaaier (Boonzaaier) for the purpose of the latter's property development scheme. Opperman was not registered as a credit provider at the time of providing the loan, as was required by s 40(1) of the NCA. He was not in the business of providing credit, was unaware of the requirement to register and had no intention of violating the NCA. Boonzaaier was unable to meet his obligations to repay the loan and informed Opperman accordingly. Opperman applied to the High Court for the sequestration of Boonzaaier's estate and a provisional sequestration order was granted. The court in its own discretion raised concerns about provisions of the NCA, and refused to grant a final sequestration order. The High Court found that, under the terms of the NCA, the loans concerned were 'credit agreements'; that Opperman, as the lender, was a 'credit provider'; and that Boonzaaier, as the borrower, was a 'consumer'. Because strict application of the NCA unjustly deprived Opperman of his property, the High Court found s 89(5)(c) of the Act to be in conflict with the Constitution of the Republic of South Africa, 1996. The matter was brought to the Constitutional Court for confirmation. The Constitutional Court was, therefore, vested with a duty to fathom the constitutionality of that controversial provision (that is, s 89(5)(c)).
      PubDate: 2015-01-01T00:00:00Z
       
  • The legitimacy of the triangular merger structures : the incompatibility
           of sections 113(2) and 115(4) of the Companies Act 71 of 2008 : analyses
    • Authors: Marko Kershoff
      Abstract: The statutory amalgamation or merger, encompassed in ss 113, 115 and 116 of the Companies Act 71 of 2008 (hereafter 'the Act'), is fundamentally flawed in the context of triangular mergers. This is because, while s 113(2) of the Act seemingly permits the use of the triangular merger structures to achieve an amalgamation or a merger of two or more corporate entities, s 115(4) effectively inhibits an acquiring party, a person related to an acquiring party, or a person acting in concert with either of them from (i) forming part of the quorum at a shareholders' meeting called to vote on the proposed amalgamation or merger; and (ii) casting a vote on the proposed amalgamation or merger.This article sets out and studies the abovementioned legislative discrepancy. This is done by first providing an overview of the relevant legislative provisions. Thereafter, so as to illustrate the ramifications of the said inconsistency, two hypothetical scenarios are provided and deliberated on in detail.
      PubDate: 2015-01-01T00:00:00Z
       
  • Servants of God or employees of the Church? - Reflections on Universal
           Church of the Kingdom of God v CCMA and Others : case note
    • Authors: Bongani Khumalo; Lux Kubjana
      Abstract: An employment relationship is the product of an agreement concluded between the employer and the employee (Basson et al, Essential Labour Law (MACE 2009) 8, 21). An employment contract can be concluded either verbally or in writing (McGregor et al, Labour Law Rules! (Siber Ink 2012) 34). The contract contains the terms and conditions agreed to by the parties and regulates their employment relationship (Basson et al at 8; see also Kerr, The Principles of the Law of Contract (Butterworths 1998) 3). Once the agreement is met between the parties, and provided also that the agreement is lawful, it is binding and enforceable amongst them as parties to the contract (McGregor et al at 33-34). The relationship between an employer and an employee is called an individual relationship because it relates to the employee as an individual (Basson et al at 3). The initiation of the contract is solely the employer-employee's province to which nobody, not even the court, may have a say unless there is ambiguity that needs the court's interpretation. This is founded on the principle of freedom to contract (Basson et al at 8).
      PubDate: 2015-01-01T00:00:00Z
       
  • Proving damages under the common law in labour cases : a discussion of
           South African Football Association v Mangope (2013) 34 ILJ 311 (LAC) :
           case note
    • Authors: Brenda Grant; Nicola Whitear-Nel
      Abstract: The decision in South African Football Association v Mangope (2013) 34 ILJ 311 (LAC) (Mangope LAC) concerned the premature termination of the respondent employee's fixed three year contract of employment. The employee did not seek to enforce his right not to be unfairly dismissed via the channel of the Labour Relations Act 66 of 1995 (LRA). Instead he instituted action for the unlawful termination of his employment contract under the common law and s 77(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA).The Labour Appeal Court (LAC) examined the interface between statutory law and common law labour rights and ultimately found in the employee's favour, awarding him damages for breach of contract. In ascertaining the quantum of damages, the LAC deviated from previous decisions in which the courts had often awarded damages in the full amount that the employee would have earned had his/her contract run to completion. In this case, the LAC took the view that the appropriate damages that should be awarded to an employee for breach of the employment contract should be limited to damages actually proved by the employee. This note will consider these aspects.
      PubDate: 2015-01-01T00:00:00Z
       
  • Rehashing the truth about polygraph testing in the workplace - a look at
           Mustek Ltd v Tsabadi NO & Others in legal context : case note
    • Authors: Karmini Pillay; Muriel Mushariwa
      Abstract: Speaking the truth has become somewhat of a rare commodity in modern society. It is estimated that people lie at least once or twice daily and in approximately 30-38 per cent in all interactions (Sridhar, 'Polygraph/narco-analysis testing' (2011) The Practical Lawyer December S-15). It is therefore not surprising that, in the search for the ever elusive truth, polygraph testing is no longer a novel concept in the workplace. Employers in all sectors, ranging from security companies and retailers to corporate giants and governmental divisions, are increasingly enticed by this forensic investigative tool for various purposes ('Pre-employment polygraph tests prevent crime' http://www.bizcommunity.com/Article/196/22/87876.html, accessed on 15 September 2014; De Ryhove, 'Polygraphs and the test of fairness' http://www.polity.org.za/print-version/polygraphs-and-the-test-of-fairness-2012-02-29, accessed on 15 September 2014). In instances of misconduct, where the misappropriation of company property has a crippling effect on a business, employers often resort to the use of polygraphs in desperation (Rheeder, 'Polygraph testing in the employment environment' http://www.jrattorneys.co.za/south-african-labourlaw-case-articles/disciplinary-hearings/11-polygraph-tests-in-the-employment-environment.html, accessed on 15 September 2014). Here employers make use of this investigative tool in specific incident testing to facilitate the enquiry into the misconduct, to narrow the focus where there are a number of suspects who are employees, to corroborate statements or to exonerate innocent parties who are surrounded by circumstantial evidence (De Ryhove).
      PubDate: 2015-01-01T00:00:00Z
       
  • The extension of bargaining council agreements to non-parties
    • Authors: Karin Calitz
      Abstract: One of the purposes of the Labour Relations Act (LRA) is to promote collective bargaining at sectoral level. Bargaining councils and the extension of their agreements are indispensable to central bargaining, but during the past few years these extensions to non-parties have come under increased pressure from different angles. It was first argued in the courts that specific extensions were invalid and unlawful; secondly that the provisions of the LRA regarding extensions are unconstitutional; and thirdly, as part of the broader debate, that these extensions are detrimental to the economy.The aim of this article is to examine the arguments against the extension of bargaining council agreements and to propose certain recommendations. The movement in European countries away from central bargaining to decentralised bargaining in order to promote economic stability in the wake of the financial crisis will also be discussed to establish whether there is any guidance to be found in the measures taken in these countries.
      PubDate: 2015-01-01T00:00:00Z
       
  • The NCC and the NCT walk the long road to consumer protection
    • Authors: Mihlali Magaqa
      Abstract: In September 2011, there was an air of great anticipation as the National Consumer Commission (NCC) reported to the parliamentary Portfolio Committee on Trade and Industry. This was only a few months after the Consumer Protection Act (CPA) had come into force. The presence of the media intensified the sense of expectation, as Deputy Director-General of the parliamentary committee praised the NCC for having achieved much in a very short period of time. It appeared that within its few months in existence, the NCC had lived up to its mandate to investigate and to enforce the provisions of the CPA in a manner that is cost-effective and efficient. The question however is whether this body has maintained its momentum in ensuring a market place that effectively protects consumers in South Africa.The purpose of the CPA is to promote and advance the social and economic welfare of consumers. The majority of consumers in South Africa are vulnerable to exploitation and abuse in the marketplace because of illiteracy or lack of access to information. The preamble of the CPA recognises South Africa's historical background which gave rise to the country's social and economic inequality. The CPA came into effect on 31 March 2011 with the aim to protect consumers from exploitation in the market place. For this reason, the CPA provides consumers with a 'Bill of Rights' to ensure the protection of economic, educational, health and the social interests of consumers. This Bill of Rights is found in Chapter 2.
      PubDate: 2015-01-01T00:00:00Z
       
  • Traditional knowledge relating to medical uses of plants and the patent
           regime in South Africa : whither the traditional healers?
    • Authors: Emeka Polycarp Amechi
      Abstract: South Africa as a biologically resource-rich and mega-diverse country boasts of a unique biodiversity that has been described as an asset of international, national and local value and significance. For instance, its Cape floral region, a United Nations Educational, Scientific and Cultural Organisation (UNESCO) world heritage site and a global biodiversity hotspot, is reputedly one of only six in the whole world to boast of an entire plant kingdom. Known as the Cape floral kingdom, this area has the highest recorded species diversity for any similarly sized temperate or tropical region in the world. The Table Mountain National Park within the floral kingdom, reportedly has more plant species within its 22 000 hectares than the whole British Isles or New Zealand. Presently, South Africa ranks third amongst the world's most biologically diverse countries with over 24 000 plant species. The richness in biological resources naturally translates to abundance of customary knowledge, innovations, and practices towards the conservation and sustainable utilisation of such resources including for medicinal purposes, developed and nurtured over many generations by indigenous communities, who traditionally are custodians of biological resources.
      PubDate: 2015-01-01T00:00:00Z
       
  • The origins and development of the general deduction formula in income tax
           legislation of the Cape Colony
    • Authors: Enelia Jansen van Rensburg
      Abstract: In 2014 comprehensive income tax legislation is a hundred years old in South Africa. In light of this milestone, the origins of one of the important cornerstones of this legislation, the general deduction formula, is reflected upon here.The general deduction formula plays a prominent role in the calculation of a taxpayer's liability for income tax. Currently, this calculation requires from the taxpayer to deduct certain expenditure and losses from his 'income' (which refers to his gross receipts or accruals, from which certain amounts are exempt). However, only those expenses and losses provided for in the act, and not under, for example, accounting principles, may be so deducted. Some of these deductible expenses and losses are specifically listed in the act itself, whereas others, although not specifically listed, are deductible if they meet a set of general requirements set out in ss 11(a) and 23(g). These sections are collectively known as 'the general deduction formula', with s 11(a) often being referred to as the 'positive leg' (since it sets out the criteria which, if met, will allow for a deduction) and s 23(g) as the 'negative leg' (since it places prohibitions against the deduction of certain expenses) of the formula.This article considers the origins of the wording of the general deduction formula as incorporated in legislation promulgated by the Colony of the Cape of Good Hope ('the Cape') before the Union of South Africa was formed, as well as the role that case law played in the understanding of the formula during these early years. This Cape legislation would later form the basis of the Union's first comprehensive income tax act, promulgated in 1914 ('the 1914 Act') and, since all subsequent South African income tax acts were substantially based on the preceding one, the general deduction formula found in the current income tax legislation of South Africa can be traced back to the Cape legislation. Understanding the heritage of the formula in the Cape legislation thus also gives insight into the current formula.
      PubDate: 2015-01-01T00:00:00Z
       
  • Legal aspects with regard to plastic surgeons in context of commercial
           advertising
    • Authors: Charles Abel Maimela; Magdaleen Swanepoel
      Abstract: Commercial advertising plays a very important role with regard to the promotion of goods and services by plastic surgeons that are available in the market. However, the practice of commercial advertising is being distorted to such an extent that people engage in misleading advertising. This includes plastic surgeons that provide misleading and false information in their advertisement campaigns with the sole aim of drawing the public to their respective practices. This can put members of the public in great danger and it is clear that the practice of commercial advertising is used inappropriately by some suppliers of goods and services.The purpose of this article is to look at the role of commercial advertising in the field of plastic surgery. Specific focus is placed on the extent to which plastic surgeons market their services and the impact of such advertising on the public. Focus is placed on the manner in which bodies such as the Health Professions Council of South Africa (HPCSA) and the Association for Plastic and Reconstructive Surgeons of Southern Africa (APRSSA) influence advertising by plastic surgeons, as well as the type of sanctions imposed by these bodies when plastic surgeons - through their advertising - contravene the law. Mention is also made of the Advertising Standards Authority (ASA). In addition, reference is made to the Consumer Protection Act, which plays a very important role in regulating the conduct of surgeons who engage in advertising. Despite the risks and complexities, plastic surgery remains a very important medical practice with advantages that are changing the lives of people for the better all over the world.
      PubDate: 2015-01-01T00:00:00Z
       
  • Implications of the re-enacted discretionary power to grant judicial
           
    • Authors: Richard S. Bradstreet
      Abstract: Directors of a company have always been bound by certain duties which are owed by each director to the company to which they stand in a fiduciary relationship by virtue of their office (Whitehouse v Carlton Hotel Pty Ltd (1987) 162 CLR 285 at 314). In addition to the delictual liability that a company's directors may incur as a result of their negligent conduct (in terms of the duty of reasonable care, skill and diligence), the common law has also imposed a number of 'fiduciary' duties on directors that arise by virtue of their relationship with the company. A director's fiduciary duties at common law include the duties to not exceed their powers, to exercise their powers for a proper purpose, to not fetter their discretion, and to avoid conflicts of interest. The divisions between these duties are by no means precise, and they often overlap in substance. The latter duty may also be broken down into a number of sub-duties prohibiting directors from activities such as competing with the company, making secret profits, and taking so-called 'corporate opportunities'.
      PubDate: 2015-01-01T00:00:00Z
       
  • The meaning of 'solvent' for purposes of liquidation in terms of the
           Companies Act 71 of 2008 : Boschpoort Ondernemings (Pty) Ltd v ABSA Bank
           Ltd : case note
    • Authors: Natania Locke
      Abstract: The Companies Act 71 of 2008 ('the new Act') repealed most of the Companies Act 61 of 1973 ('the previous Act'). The notable exception is chapter 14 of the previous Act, which continues to apply with respect to the winding-up and liquidation of companies (item 9(1) of Schedule 5 of the new Act). However, ss 343, 344, 346 and 348-353 do not apply to the winding-up of solvent companies, except to the extent necessary to give full effect to the provisions of the new Act dealing with the winding-up and deregistration of solvent companies (Part G of chapter 2 of the new Act; see item 9(2) of Schedule 5). As is evident from its omission from this list, s 345 of the previous Act applies to the solvent winding-up of companies.
      PubDate: 2015-01-01T00:00:00Z
       
  • When ancestors call an employee : reflections on the judgment of the
           Supreme Court of Appeal in the Kievits Kroon Country Estate v Mmoledi case
           : case note
    • Authors: Moses Retselisitsoe Phooko; Freddy Mnyongani
      Abstract: This is a labour dispute which for a period of about seven years, has been moving from one forum to another (The Disciplinary Hearing of 2007, the CCMA hearing, Kievits Kroon Country Estate (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others [2011] 3 BLLR 241 (LC); Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (2012) 33 ILJ 2812 (LAC); Kievits Kroon Country Estate v Mmoledi (875/12) [2013] ZASCA 189 (29 November 2013)). Legally, there is nothing untoward about this as the Constitution provides everyone with the right to have their dispute decided in a court of law, tribunal or forum (see s 34 of the Constitution, 1996). This provision implies that a party not happy with the decision of one forum or another can apply for a review or appeal to the next forum, which in this case, is what Kievits Kroon has done. Notwithstanding this constitutional provision, courts are alert to the fact that rich and powerful litigants can use their superior and dominant position as an attempt to wear off a litigant in a less controlling position (see Billiton Aluminium SA Ltd t/a Hillside Aluminium v Khanyile and Others 2010 (5) BCLR 422 (CC) para 52). Though this issue did not arise in the Kievits Kroon case, the Supreme Court of Appeal seems to have been keen to bring this matter to finality when it ordered that "following the CCMA hearing, two courts told the appellant that its appeal had no merit, although no cost order was made against it. But the appellant persisted with a further appeal to this court. In these circumstances it is appropriate that costs should now follow the result" (Kievits Kroon Country Estate v Mmoledi para 33).
      PubDate: 2015-01-01T00:00:00Z
       
  • Unfair enforcement of a contract : a step in the right direction? Botha v
           Rich and Combined Developers v Arun Holdings : case note
    • Authors: Robert Sharrock
      Abstract: It is well-established that a contractual provision that is not, per se, illegal will not be enforced if the enforcement would be contrary to public policy (see e.g. Nyandeni Local Municipality v Hlazo 2010 (4) SA 261 (ECM) paras 81-4; Bredenkamp v Standard Bank of South Africa Ltd 2010 (4) SA 468 (SCA) para 47; GF v SH 2011 (3) SA 25 (GNP) paras 18-22). In applying this principle, the Supreme Court of Appeal has adopted the somewhat dogmatic position that merely because enforcement of a contractual provision would produce an unfair or unreasonable result does not make the enforcement offensive to public policy (see e.g. Bredenkamp v Standard Bank of South Africa Ltd 2010 (4) SA 468 (SCA) paras 50-52 ; Maphango v Aengus Lifestyle Properties (Pty) Ltd 2011 (5) SA 19 (SCA) paras 22-25; Potgieter v Potgieter 2012 (1) SA 637 (SCA) paras 31-34; cf also Brisley v Drotsky 2002 (4) SA 1 (SCA) paras 11-12). In Botha v Rich 2014 (4) SA 124 (CC), the Constitutional Court effectively rejected this approach by accepting that, on the facts of that case, unfairness or unreasonableness was, in itself, a sufficient ground for declining to enforce a contractual provision. The judgment in Botha's case is unsatisfactory in certain respects (not least of which its failure to mention, let alone consider, the appeal court cases referred to above) but, being a judgment of the Constitutional Court, it may well be regarded as marking the beginning of a new judicial attitude to unfair enforcement of contractual terms.
      PubDate: 2015-01-01T00:00:00Z
       
  • Costs orders, obstacles and barriers to the derivative action under
           section 165 of the Companies Act 71 of 2008 (part 1)
    • Authors: Maleka Femida Cassim
      Abstract: The greatest impediment to a derivative action by minority shareholders arises from the practical barriers to the commencement of derivative proceedings. The chief barriers are, first, the risk of the minority shareholder being burdened with liability for the costs of the derivative proceedings and, secondly, the lack of access to corporate information. As long ago as 1970 the Van Wyk De Vries Commission of Inquiry into the Companies Act1 declared that one of the worst anomalies of the derivative action is the risk of the plaintiff shareholder having to bear the costs of an action in which he is 'in effect not the real plaintiff'. In the light of this progressive and enlightened finding, it is disappointing that the legislature has failed to adopt a more resolute approach under the Companies Act 71 of 2008 ('the Act') to the vexed issue of costs. If the new liberalised derivative action is to be a success, the courts must face this obstacle head on. It is vital that the remedy is not unwittingly suffocated by the courts, through the imposition of adverse costs orders on shareholder litigants.
      PubDate: 2014-01-01T00:00:00Z
       
  • A credit provider's complete defence against a consumer's allegation of
           reckless lending
    • Authors: Michelle Kelly-Louw
      Abstract: 'It is universally accepted that moneylending transactions are susceptible to abuse mainly because borrowers are usually in a much weaker position than lenders. Moneylenders can therefore easily exploit this vulnerability of the borrower, and some have been guilty of serious impropriety so frequently as to give rise to considerable concern. Moneylending transactions are therefore legitimately subject to legislative control in most parts of the world.' South Africa is no exception, and moneylending to consumers is strictly regulated by the National Credit Act (NCA). The Act applies, with only a few exclusions, to all consumer credit agreements concluded between parties dealing at arm's length and made, or having an effect within, South Africa.
      PubDate: 2014-01-01T00:00:00Z
       
  • Blowing the whistle? : the future of affirmative action in South
           Africa (part 1)
    • Authors: Marie McGregor
      Abstract: In South Africa, affirmative action is part of national policy to redress the effects of centuries of systemic discrimination against (mainly) Blacks and women, resulting in extreme inequality in all areas of society, with the workplace the focus of this article. Inequality is a socio-economic and structural problem that deals with the way in which income is distributed in society. This, in turn, affects economic growth and the ability to achieve equality and solve socio-economic problems.
      PubDate: 2014-01-01T00:00:00Z
       
  • The important role of private international law in harmonising
           international sales law
    • Authors: Marlene M. Wethmar-Lemmer
      Abstract: Global and regional harmonisation or unification of international trade law forms the subject of a vast and ever-growing body of legal literature. The need for regional harmonisation in this field is universally acknowledged, the main arguments in favour thereof centring on the reduction of transaction, compliance and enforcement costs, on the one hand, and improved regional economic growth, on the other. This article will address one of most important constituent parts of the harmonisation of international trade law - the harmonisation or unification of international sales law.
      PubDate: 2014-01-01T00:00:00Z
       
  • Answers to the questions? A critical analysis of the amendments to the
           Labour Relations Act 66 of 1995 with regard to labour brokers
    • Authors: A. Botes
      Abstract: Temporary employment services (TESs), or labour brokers as they are more commonly known, have been used in South Africa since the 1950s, but they were not regulated by the Labour Relations Act 28 of 1956 (1956 LRA) in force during that time. This Act did not contain a definition for these services, thereby not even acknowledging their existence. Yet TESs became more popular in the 1980s, and it was only when the Labour Relations Amendment Act 2 of 1983 (the Amendment Act) commenced that TESs were granted legal recognition by means of a statutory definition. The definition in the Amendment Act has remained in section 198 of the more recent Labour Relations Act 66 of 1995 (1995 LRA), apart from a slight change in formulation and the replacement of the word 'labour broker' with 'temporary employment service'. Not only did the Amendment Act insert a definition within the framework of the 1956 LRA, referring to it as a 'labour broker's office', but it also addressed various other relevant aspects.
      PubDate: 2014-01-01T00:00:00Z
       
  • Sale of land agreements entered into by companies under the Companies Act
           71 of 2008 : analysis
    • Authors: Henk Delport
      Abstract: In terms of section 2(1) of the Alienation of Land Act 68 of 1981, an agreement of sale of land ('deed of alienation') must be signed by the parties thereto or their agents acting on their written authority. Thus two categories of signatories are permitted - (a) the parties themselves, or (b) the parties' agents, acting on the written authority of their principals. A company, being a legal entity, cannot itself sign any agreement as such (category (a)), and cannot give its functionaries written authority to sign (category (b) - see Potchefstroom Dairies and Industries Co Ltd v Standard Fresh Milk Supply Co 1913 TPD 506; African Peach Growers (Edms) Bpk v Bouwer en 'n Ander 1973 (4) SA 654 (T)). How then does a company, acting through its functionaries, enter into an agreement of sale of land?
      PubDate: 2014-01-01T00:00:00Z
       
  • The problem of the illiterate signatory : Standard Bank of South Africa
           Ltd v Dlamini : case note
    • Authors: Robert Sharrock; Lienne Steyn
      Abstract: The decision of D Pillay J in Standard Bank of South Africa Ltd v Dlamini 2013 (1) SA 219 (KZD) underlines the need for courts to adopt a clear and principled approach to the problem of an illiterate person who signs a written contract without being misled in any way by the other party and without requesting any explanation of the contents of the document.
      PubDate: 2014-01-01T00:00:00Z
       
 
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