Regulating franchise operations in South Africa : a study of the existing legal framework with suggestions for reform.
- Authors: Woker, Tanya Ann
- Date: 2009
- Subjects: Franchise Association of Southern Africa , Franchises (Retail trade) -- Law and legislation -- South Africa , South Africa. Dept. of Trade and Industry , Common law -- South Africa , Commercial law -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3721 , http://hdl.handle.net/10962/d1015719
- Description: This thesis analyses the existing legal framework that applies to franchising in South Africa today. The study begins with an examination of the history and nature of the franchise contract, focusing particularly on the nature of the franchise relationship. This study is undertaken in order to substantiate the argument that franchising is a unique method of doing business. There is a need therefore to recognise that the franchise contract is a special contract in its own right, just like contracts of sale, lease, insurance and suretyship. The study then goes on to examine the problems which are experienced in the sector, as well as the law which must provide solutions to these problems. The research will show that in a modern commercial world the existing legal framework, especially the common law, cannot adequately deal with many of these problems. The complex relationship between franchising and competition law is also explored. A common thread that emerges from franchise disputes is the lack of protection afforded to the interests of franchisees. Franchisees tend to be at the mercy of economically stronger franchisors, hence the belief that there is a need for a stronger regulatory framework. The study then shifts to proposals for reform. In 2000 the Department of Trade and Industry (DTI) established the Franchise Steering Committee in conjunction with the Franchise Association of South Africa (FASA) to review the regulatory environment. This Committee drafted franchise legislation which aimed to bring the regulation of the sector under the control of the DTI. This legislation has not been implemented and the DTI has changed its strategy. Instead of dealing with franchising independently, franchising will fall within the scope of consumer protection legislation. Both the consumer protection legislation and the legislation proposed by the Franchise Steering Committee are thoroughly examined and explained. Shortcomings in the proposals are highlighted and an alternative approach is recommended. It is proposed that franchise-specific legislation should be introduced but that this legislation should establish a system of co-regulation between the government and the franchise sector.
- Full Text:
- Authors: Woker, Tanya Ann
- Date: 2009
- Subjects: Franchise Association of Southern Africa , Franchises (Retail trade) -- Law and legislation -- South Africa , South Africa. Dept. of Trade and Industry , Common law -- South Africa , Commercial law -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3721 , http://hdl.handle.net/10962/d1015719
- Description: This thesis analyses the existing legal framework that applies to franchising in South Africa today. The study begins with an examination of the history and nature of the franchise contract, focusing particularly on the nature of the franchise relationship. This study is undertaken in order to substantiate the argument that franchising is a unique method of doing business. There is a need therefore to recognise that the franchise contract is a special contract in its own right, just like contracts of sale, lease, insurance and suretyship. The study then goes on to examine the problems which are experienced in the sector, as well as the law which must provide solutions to these problems. The research will show that in a modern commercial world the existing legal framework, especially the common law, cannot adequately deal with many of these problems. The complex relationship between franchising and competition law is also explored. A common thread that emerges from franchise disputes is the lack of protection afforded to the interests of franchisees. Franchisees tend to be at the mercy of economically stronger franchisors, hence the belief that there is a need for a stronger regulatory framework. The study then shifts to proposals for reform. In 2000 the Department of Trade and Industry (DTI) established the Franchise Steering Committee in conjunction with the Franchise Association of South Africa (FASA) to review the regulatory environment. This Committee drafted franchise legislation which aimed to bring the regulation of the sector under the control of the DTI. This legislation has not been implemented and the DTI has changed its strategy. Instead of dealing with franchising independently, franchising will fall within the scope of consumer protection legislation. Both the consumer protection legislation and the legislation proposed by the Franchise Steering Committee are thoroughly examined and explained. Shortcomings in the proposals are highlighted and an alternative approach is recommended. It is proposed that franchise-specific legislation should be introduced but that this legislation should establish a system of co-regulation between the government and the franchise sector.
- Full Text:
A history of the growth and development of the Seventh-Day Adventist Church in Southern Africa, 1920-1960
- Thompson, Ronald Charles Lloyd
- Authors: Thompson, Ronald Charles Lloyd
- Date: 1979
- Subjects: Seventh-Day Adventists -- South Africa -- History
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:1231 , http://hdl.handle.net/10962/d1007294
- Description: From Introduction: The most natural divisions of time for this historical survey of the growth and development of the Seventh-day Adventist Church in Southern Africa fall into three periods: (1) from 1920, when the African Division of Seventh-day Adventists was organized, to 1931, when it was reorganized under the name Southern African Division; (2) from 1931 to 1945, covering the period years of the Great Depression and Second world War; (3) from 1946 to 1960, the post-war. Attention is given in Chapter I to a certain phase of church development because the church had emerged at the highest level of Adventist organization, i.e. a Division. Although the first group of Adventists adopted the simplest form of organization in 1892 known as the South African Conference, the church was small and little known. The church at Division level therefore embarked on a programme of orientation and adaptation to gain recognition and make itself known everywhere. Closely allied to this was organization. Chapter II defines the organization of the church and explains how it was financed. The history of its organization and reorganization is also traced. Chapters III and IV deal with an era of expansion during the twenties in the establishment of missions, medical missions and training institutions, while new mission fields were entered and old mission fields were further developed. Chapters V and VI continue to trace the development of missions, mission fields, medical missions, and training institutions together with important changes in the medical and educational work. Further reorganization and new developments in the European church and African church are also outlined. The great emphasis on expansion and the development of institutions finally reached a point whereby "institutionalism" overtook "evangelism". Chapter VII discusses this problem and what was done to try and arrest it. Thus the history of the church is brought to an interesting turning point and climax in Part Two. Chapter VIII breaks from the common run of growth and development in missions, medical missions and institutions and traces the development of the principles and practice of the Adventist Church. The Southern African Division set itself the objective of full maturity in the establishment of a self-supporting, self-governing and self- propagating church in Africa. The history of these principles are covered together with the principles governing the reception of government grants-in-aid. Chapter IX deals with the analysis and development of the three-fold ministry of teaching, preaching and healing. These chapters in Part Three do not constitute a conclusion but simply give further insights in the growth and development of the church .
- Full Text:
- Authors: Thompson, Ronald Charles Lloyd
- Date: 1979
- Subjects: Seventh-Day Adventists -- South Africa -- History
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:1231 , http://hdl.handle.net/10962/d1007294
- Description: From Introduction: The most natural divisions of time for this historical survey of the growth and development of the Seventh-day Adventist Church in Southern Africa fall into three periods: (1) from 1920, when the African Division of Seventh-day Adventists was organized, to 1931, when it was reorganized under the name Southern African Division; (2) from 1931 to 1945, covering the period years of the Great Depression and Second world War; (3) from 1946 to 1960, the post-war. Attention is given in Chapter I to a certain phase of church development because the church had emerged at the highest level of Adventist organization, i.e. a Division. Although the first group of Adventists adopted the simplest form of organization in 1892 known as the South African Conference, the church was small and little known. The church at Division level therefore embarked on a programme of orientation and adaptation to gain recognition and make itself known everywhere. Closely allied to this was organization. Chapter II defines the organization of the church and explains how it was financed. The history of its organization and reorganization is also traced. Chapters III and IV deal with an era of expansion during the twenties in the establishment of missions, medical missions and training institutions, while new mission fields were entered and old mission fields were further developed. Chapters V and VI continue to trace the development of missions, mission fields, medical missions, and training institutions together with important changes in the medical and educational work. Further reorganization and new developments in the European church and African church are also outlined. The great emphasis on expansion and the development of institutions finally reached a point whereby "institutionalism" overtook "evangelism". Chapter VII discusses this problem and what was done to try and arrest it. Thus the history of the church is brought to an interesting turning point and climax in Part Two. Chapter VIII breaks from the common run of growth and development in missions, medical missions and institutions and traces the development of the principles and practice of the Adventist Church. The Southern African Division set itself the objective of full maturity in the establishment of a self-supporting, self-governing and self- propagating church in Africa. The history of these principles are covered together with the principles governing the reception of government grants-in-aid. Chapter IX deals with the analysis and development of the three-fold ministry of teaching, preaching and healing. These chapters in Part Three do not constitute a conclusion but simply give further insights in the growth and development of the church .
- Full Text:
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