The broadcasting of criminal trials : upholding the freedom of expression or undermining the right to fair trial?
- Authors: Nunu, Sukoluhle Belinda
- Date: 2017
- Subjects: Free press and fair trial -- South Africa Freedom of expression -- South Africa Freedom of the press -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/2832 , vital:28102
- Description: This study investigated the tension between the right to freedom of expression and the right to a fair trial in the context of the public broadcasting of criminal trials. The aim of the study was to determine whether the right of the media to broadcast criminal trials can be reconciled with the right of an accused person to a fair trial. To accomplish the above aim, the research undertook a review of the case law relating to televised criminal trials in order to determine how the courts have addressed the fair trial-free expression conflict. The study concluded that the ‘balancing exercise’ employed by the courts does not seem to have addressed this tension. Given that televised criminal trials are prone to sensationalism and the danger of fabrication of evidence, the study concludes that the broadcasting of criminal trials undermines the right to a fair trial. The study makes recommendations that are designed to ensure a proper balance between the freedom of expression as exercised by the media through the broadcasting of criminal trials on the one hand and the right of accused persons to a fair trial on the other.
- Full Text:
- Date Issued: 2017
- Authors: Nunu, Sukoluhle Belinda
- Date: 2017
- Subjects: Free press and fair trial -- South Africa Freedom of expression -- South Africa Freedom of the press -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/2832 , vital:28102
- Description: This study investigated the tension between the right to freedom of expression and the right to a fair trial in the context of the public broadcasting of criminal trials. The aim of the study was to determine whether the right of the media to broadcast criminal trials can be reconciled with the right of an accused person to a fair trial. To accomplish the above aim, the research undertook a review of the case law relating to televised criminal trials in order to determine how the courts have addressed the fair trial-free expression conflict. The study concluded that the ‘balancing exercise’ employed by the courts does not seem to have addressed this tension. Given that televised criminal trials are prone to sensationalism and the danger of fabrication of evidence, the study concludes that the broadcasting of criminal trials undermines the right to a fair trial. The study makes recommendations that are designed to ensure a proper balance between the freedom of expression as exercised by the media through the broadcasting of criminal trials on the one hand and the right of accused persons to a fair trial on the other.
- Full Text:
- Date Issued: 2017
The protection offered in terms of the 2014 labour law amendments to fixed-term Contract and part-time employees
- Authors: Ntsebeza, Uonella
- Date: 2018
- Subjects: Labor laws and legislation -- South Africa , Labor contract -- South Africa Employee rights -- South Africa Labor market -- laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33567 , vital:32888
- Description: Labour law knows that employers are generally in a stronger bargaining position than employees.1Therefore, labour law is largely premised on the idea of protection of the interest of employees. Fixed term employees2 as ‘atypical’3 or ‘conditional’ employees are particularly weak bargaining parties in the employment relationship. It is common practice for employers to treat fixed term and part-time employees differently to their permanent colleagues. Temporary employment relationships are often associated with the withholding of rights and benefits, lack of job security, deprivation of status and poor remuneration. Fixed term employees are also likely to be more exposed to exploitation, particularly those who are not highly skilled. 4In addition, they often do not enjoy trade union protection and are not covered by collective agreements. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. Therefore, fixed term employees are more inclined to depend on the statutory protection enacted to ensure basic working conditions. These employees are often not recruited into trade unions due to the precarious or temporary nature of their work fixed term employees are more inclined to depend on statutory protection enacted to ensure basic working conditions.
- Full Text:
- Date Issued: 2018
- Authors: Ntsebeza, Uonella
- Date: 2018
- Subjects: Labor laws and legislation -- South Africa , Labor contract -- South Africa Employee rights -- South Africa Labor market -- laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33567 , vital:32888
- Description: Labour law knows that employers are generally in a stronger bargaining position than employees.1Therefore, labour law is largely premised on the idea of protection of the interest of employees. Fixed term employees2 as ‘atypical’3 or ‘conditional’ employees are particularly weak bargaining parties in the employment relationship. It is common practice for employers to treat fixed term and part-time employees differently to their permanent colleagues. Temporary employment relationships are often associated with the withholding of rights and benefits, lack of job security, deprivation of status and poor remuneration. Fixed term employees are also likely to be more exposed to exploitation, particularly those who are not highly skilled. 4In addition, they often do not enjoy trade union protection and are not covered by collective agreements. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. Therefore, fixed term employees are more inclined to depend on the statutory protection enacted to ensure basic working conditions. These employees are often not recruited into trade unions due to the precarious or temporary nature of their work fixed term employees are more inclined to depend on statutory protection enacted to ensure basic working conditions.
- Full Text:
- Date Issued: 2018
The interests of justice in bail proceedings
- Authors: Ntontela, Mahlubandile
- Date: 2019
- Subjects: Criminal procedure -- South Africa , Bail Preventive detention
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/42683 , vital:36680
- Description: Bail in the South African context is a very contentious issue. Over the years, courts have had to develop principles for the purposes of granting or refusing bail. The interim Constitution of 1994 placed an onus on the State to adduce evidence that interests of justice justified the accused’s incarceration pending trial. After the escalation of crime in the 1990’s and the subsequent public outcry, the Legislature introduced guiding principles as to what would constitute interests of justice in bail proceedings. These principles did not differ much from what the courts had developed over the years leading to the constitutional dispensation. The inquisitorial nature of the bail proceedings was further entrenched by the amendments as they tasked the courts to determine what would be in the interests of justice in every bail enquiry. The legislative amendments further introduced what was termed the reverse onus provisions which were heavily criticised at the time of their introduction. These provisions placed an onus on the accused to adduce evidence to satisfy the courts that the interests of justice were in favour of their release in serious offences, and further adduce exceptional circumstances in respect of very serious offences. It is argued in this research that, despite the development and the codification of the interests of justice concept over the years, the duty of the courts to uphold the constitutional values should not be neglected by the courts when determining what would be in the interests of justice in bail proceedings. The standard by which the courts are to uphold the concept of interests of justice in bail proceedings should reflect the task that has been placed on the courts and not on the parties to the proceedings, when reaching a just and equitable decision in bail proceedings.
- Full Text:
- Date Issued: 2019
- Authors: Ntontela, Mahlubandile
- Date: 2019
- Subjects: Criminal procedure -- South Africa , Bail Preventive detention
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/42683 , vital:36680
- Description: Bail in the South African context is a very contentious issue. Over the years, courts have had to develop principles for the purposes of granting or refusing bail. The interim Constitution of 1994 placed an onus on the State to adduce evidence that interests of justice justified the accused’s incarceration pending trial. After the escalation of crime in the 1990’s and the subsequent public outcry, the Legislature introduced guiding principles as to what would constitute interests of justice in bail proceedings. These principles did not differ much from what the courts had developed over the years leading to the constitutional dispensation. The inquisitorial nature of the bail proceedings was further entrenched by the amendments as they tasked the courts to determine what would be in the interests of justice in every bail enquiry. The legislative amendments further introduced what was termed the reverse onus provisions which were heavily criticised at the time of their introduction. These provisions placed an onus on the accused to adduce evidence to satisfy the courts that the interests of justice were in favour of their release in serious offences, and further adduce exceptional circumstances in respect of very serious offences. It is argued in this research that, despite the development and the codification of the interests of justice concept over the years, the duty of the courts to uphold the constitutional values should not be neglected by the courts when determining what would be in the interests of justice in bail proceedings. The standard by which the courts are to uphold the concept of interests of justice in bail proceedings should reflect the task that has been placed on the courts and not on the parties to the proceedings, when reaching a just and equitable decision in bail proceedings.
- Full Text:
- Date Issued: 2019
Exploitation of non-living marine resources within national jurisdiction in East Africa
- Authors: Ntola, Yamkela Siqhamo
- Date: 2015
- Subjects: Economic zones (Law of the sea) Territorial waters
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/10253 , vital:26646
- Description: This dissertation involves an analysis and discussion of the legal regime governing the exploitation of non-living marine resources within national jurisdiction in East Africa. This is in light of the relatively recent offshore oil and gas discoveries off the coasts of Mozambique and Tanzania which have resulted in offshore exploration activities along the Western Indian Ocean (including the Red Sea) in pursuit of these hydrocarbons. Before delving into legal analysis and discussion, the dissertation departs by providing background on the 1982 United Nations Law of the Sea Convention (LOSC)2 which is the international legal regime governing maritime spaces and the contributions made by, inter alia, East African coastal States to bring it about. From here, the dissertation ventures into an analysis and discussion of the legal zones claimed by East African coastal States within which exploitation activities may occur. This part of the discussion involves, among other things, an in depth analysis of the practices of East African coastal States as far as establishing maritime zones in terms of international law. The dissertation then proceeds to discuss which East African coastal States have delimited their maritime zones where they overlap with neighbouring States with adjacent and/or opposite coasts. The discussion highlights which States, in terms of international law, have clearly defined the ambit of their maritime jurisdiction by establishing a delimitation boundary where claims to maritime zones overlapped. This part of the dissertation also discusses which States have not delimited their overlapping maritime zones and the reasons for the lack of delimitation. Following this, the dissertation moves on to discuss the LOSC provisions applicable to exploiting non-living resources, and analyse whether the laws of East African coastal States that pertain to exploiting these resources adequately give effect to LOSC. Finally, in light of the above analysis and discussions, the dissertation moves on to establish if whether or not the legal infrastructure of East African coastal States is adequate for exploiting non-living resources within their national jurisdiction. Generally, the findings reflect favourably on the legal framework of East African coastal States. However, the pressing issue is the practices of some States in respect of claiming certain maritime zones and where necessary, not delimiting these zones. This results in uncertainty as to the maritime jurisdiction of a coastal State, especially with resources such as oil and gas which may straddle across boundaries. Moreover, it creates conflict and as such, threatens peace and security in the region as well as stunt economic and socio-economic development. As such, this dissertation, on the one hand, reflects the advancement of East African coastal States from contributing towards the adoption and coming into effect of LOSC, as well as giving effect to it domestically as far as exploiting non-living resources within national jurisdiction is concerned. On the other hand, it highlights the work that lays ahead for East African coastal States in order for them to fully enjoy their right.
- Full Text:
- Date Issued: 2015
- Authors: Ntola, Yamkela Siqhamo
- Date: 2015
- Subjects: Economic zones (Law of the sea) Territorial waters
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/10253 , vital:26646
- Description: This dissertation involves an analysis and discussion of the legal regime governing the exploitation of non-living marine resources within national jurisdiction in East Africa. This is in light of the relatively recent offshore oil and gas discoveries off the coasts of Mozambique and Tanzania which have resulted in offshore exploration activities along the Western Indian Ocean (including the Red Sea) in pursuit of these hydrocarbons. Before delving into legal analysis and discussion, the dissertation departs by providing background on the 1982 United Nations Law of the Sea Convention (LOSC)2 which is the international legal regime governing maritime spaces and the contributions made by, inter alia, East African coastal States to bring it about. From here, the dissertation ventures into an analysis and discussion of the legal zones claimed by East African coastal States within which exploitation activities may occur. This part of the discussion involves, among other things, an in depth analysis of the practices of East African coastal States as far as establishing maritime zones in terms of international law. The dissertation then proceeds to discuss which East African coastal States have delimited their maritime zones where they overlap with neighbouring States with adjacent and/or opposite coasts. The discussion highlights which States, in terms of international law, have clearly defined the ambit of their maritime jurisdiction by establishing a delimitation boundary where claims to maritime zones overlapped. This part of the dissertation also discusses which States have not delimited their overlapping maritime zones and the reasons for the lack of delimitation. Following this, the dissertation moves on to discuss the LOSC provisions applicable to exploiting non-living resources, and analyse whether the laws of East African coastal States that pertain to exploiting these resources adequately give effect to LOSC. Finally, in light of the above analysis and discussions, the dissertation moves on to establish if whether or not the legal infrastructure of East African coastal States is adequate for exploiting non-living resources within their national jurisdiction. Generally, the findings reflect favourably on the legal framework of East African coastal States. However, the pressing issue is the practices of some States in respect of claiming certain maritime zones and where necessary, not delimiting these zones. This results in uncertainty as to the maritime jurisdiction of a coastal State, especially with resources such as oil and gas which may straddle across boundaries. Moreover, it creates conflict and as such, threatens peace and security in the region as well as stunt economic and socio-economic development. As such, this dissertation, on the one hand, reflects the advancement of East African coastal States from contributing towards the adoption and coming into effect of LOSC, as well as giving effect to it domestically as far as exploiting non-living resources within national jurisdiction is concerned. On the other hand, it highlights the work that lays ahead for East African coastal States in order for them to fully enjoy their right.
- Full Text:
- Date Issued: 2015
Mechanisms for implementing affirmative action
- Authors: Nongogo, Nqabisa Thandazile
- Date: 2018
- Subjects: Affirmative action programs -- South Africa , Minorities -- Employment -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33475 , vital:32878
- Description: The aim of this study was to analyse the effective implementation of affirmative action. In South Africa. Affirmative action is seen as a means of correcting historical injustices and levelling the playing fields to enable all South Africans to gain equal access to opportunities from which they were previously restricted. This study observed that even though South Africa is now governed by a new democratic order historical workplace inequalities exists which still need to be addressed. Further it was noted that not only compelled to redress inequalities by the Constitution, the South African government was motivated by the ILO to enact laws that would prohibit discrimination and promote the economic advancement of the majority. Therefore, in an effort to narrow the gap between previously advantaged and disadvantaged individuals, the government passed a series of employment laws mandating, amongst other things, affirmative action. By doing so the South African government sought to ensure that all employers are compelled to take positive steps to redress disadvantage and inequality. Be that as it may, the study revealed that affirmative action is theoretically justifiable and has an important role in the achievement of equal opportunities and equality of outcome but in practice, various problems exist. Generally, the study reveals that notwithstanding the legislative framework of affirmative action in South Africa, inequalities continues to exist in employment, a clear signal of inadequate implementation of affirmative action. The study reveals that black people, women and unable persons are identified as primary victims of workplace inequalities. Continuity of work inequalities are statistically portrayed graphically in this year’s (2017) Quarterly Labour Force Survey (QLFS) conducted and published by Statistics South Africa on the Economically Active Population (EAP) still indicates no confidence to implementation of affirmative action measures nationwide. Reviews of implementation of affirmative action, recruitment strategies, retrenchment plans are strongly proposed to combat controversies and challenges surrounding the implementation of affirmative action. A sunset clause is highly recommended to projectize affirmative action. Similarly, with determined advocacy for affirmative action, the study anticipates progressive equality and sustainable justice in South African employment in the immediate future. Chapter five of this study recommends remedial measures to address the challenges and impediments for effective implementation of affirmative action.
- Full Text:
- Date Issued: 2018
- Authors: Nongogo, Nqabisa Thandazile
- Date: 2018
- Subjects: Affirmative action programs -- South Africa , Minorities -- Employment -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33475 , vital:32878
- Description: The aim of this study was to analyse the effective implementation of affirmative action. In South Africa. Affirmative action is seen as a means of correcting historical injustices and levelling the playing fields to enable all South Africans to gain equal access to opportunities from which they were previously restricted. This study observed that even though South Africa is now governed by a new democratic order historical workplace inequalities exists which still need to be addressed. Further it was noted that not only compelled to redress inequalities by the Constitution, the South African government was motivated by the ILO to enact laws that would prohibit discrimination and promote the economic advancement of the majority. Therefore, in an effort to narrow the gap between previously advantaged and disadvantaged individuals, the government passed a series of employment laws mandating, amongst other things, affirmative action. By doing so the South African government sought to ensure that all employers are compelled to take positive steps to redress disadvantage and inequality. Be that as it may, the study revealed that affirmative action is theoretically justifiable and has an important role in the achievement of equal opportunities and equality of outcome but in practice, various problems exist. Generally, the study reveals that notwithstanding the legislative framework of affirmative action in South Africa, inequalities continues to exist in employment, a clear signal of inadequate implementation of affirmative action. The study reveals that black people, women and unable persons are identified as primary victims of workplace inequalities. Continuity of work inequalities are statistically portrayed graphically in this year’s (2017) Quarterly Labour Force Survey (QLFS) conducted and published by Statistics South Africa on the Economically Active Population (EAP) still indicates no confidence to implementation of affirmative action measures nationwide. Reviews of implementation of affirmative action, recruitment strategies, retrenchment plans are strongly proposed to combat controversies and challenges surrounding the implementation of affirmative action. A sunset clause is highly recommended to projectize affirmative action. Similarly, with determined advocacy for affirmative action, the study anticipates progressive equality and sustainable justice in South African employment in the immediate future. Chapter five of this study recommends remedial measures to address the challenges and impediments for effective implementation of affirmative action.
- Full Text:
- Date Issued: 2018
The impact of declining trade union membership on collective bargaining
- Authors: Nombembe, Vuyani
- Date: 2019
- Subjects: Labor unions -- South Africa , Collective bargaining -- South Africa Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/42814 , vital:36694
- Description: Trade unions play an important role in the South African labour relations. Power relations in the workplace favour the employers in terms of decision-making due to the resources that employers have at their disposal, as compared to single employees. In order for employees to be at par with employers during collective bargaining, they join or form trade unions. In South Africa for example, the apartheid government was against trade unions as they were viewed as a threat to the hegemony of the apartheid regime. The democratic dispensation that was ushered in, 1994, sought to change that through a tripartite arrangement between employees, employers and the government. This was done to ensure that trade unions become part of the decision making process on workplace related matters. The South African Constitution of 1996 states that every employee has the right to form and join a trade union and participate in the activities and programmes of a trade union. Trade unions are also able to influence policy related decisions as they participate in decision-making bodies like the National Economic Development and Labour Council (NEDLAC) and the International Labour Organisation (ILO). Government has enacted legislation that gives effect to the rights that are enshrined in the Constitution. Through protection afforded by legislation, trade unions are able to recruit members in different sectors and with sufficient sector representation are able to form sector specific Bargaining Councils with Employers’ Organisations representing such sectors, that are able to negotiate terms and conditions of employment for employees in that sector. This study considers and evaluates the rights conferred to trade unions by the Constitution and legislation. The study focuses on the impact of dwindling trade union membership numbers on collective bargaining in South Africa and makes a brief comparison with the European Union (EU). It examines the history of trade unions and the causes of the reduction of trade union membership numbers in South Africa and the EU. Case law is considered in order to gain an understanding of the changing collective bargaining landscape in South Africa. Consideration is given to some of the challenges faced by trade unions in seeking new members and this study makes recommendations of measures that could be put in place to assist trade unions increase their presence in the workplace.
- Full Text:
- Date Issued: 2019
- Authors: Nombembe, Vuyani
- Date: 2019
- Subjects: Labor unions -- South Africa , Collective bargaining -- South Africa Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/42814 , vital:36694
- Description: Trade unions play an important role in the South African labour relations. Power relations in the workplace favour the employers in terms of decision-making due to the resources that employers have at their disposal, as compared to single employees. In order for employees to be at par with employers during collective bargaining, they join or form trade unions. In South Africa for example, the apartheid government was against trade unions as they were viewed as a threat to the hegemony of the apartheid regime. The democratic dispensation that was ushered in, 1994, sought to change that through a tripartite arrangement between employees, employers and the government. This was done to ensure that trade unions become part of the decision making process on workplace related matters. The South African Constitution of 1996 states that every employee has the right to form and join a trade union and participate in the activities and programmes of a trade union. Trade unions are also able to influence policy related decisions as they participate in decision-making bodies like the National Economic Development and Labour Council (NEDLAC) and the International Labour Organisation (ILO). Government has enacted legislation that gives effect to the rights that are enshrined in the Constitution. Through protection afforded by legislation, trade unions are able to recruit members in different sectors and with sufficient sector representation are able to form sector specific Bargaining Councils with Employers’ Organisations representing such sectors, that are able to negotiate terms and conditions of employment for employees in that sector. This study considers and evaluates the rights conferred to trade unions by the Constitution and legislation. The study focuses on the impact of dwindling trade union membership numbers on collective bargaining in South Africa and makes a brief comparison with the European Union (EU). It examines the history of trade unions and the causes of the reduction of trade union membership numbers in South Africa and the EU. Case law is considered in order to gain an understanding of the changing collective bargaining landscape in South Africa. Consideration is given to some of the challenges faced by trade unions in seeking new members and this study makes recommendations of measures that could be put in place to assist trade unions increase their presence in the workplace.
- Full Text:
- Date Issued: 2019
The Rights of victims of crime in South Africa
- Nkukwana , Zingisile Wiseman
- Authors: Nkukwana , Zingisile Wiseman
- Date: 2016
- Subjects: Victims of crimes -- South Africa Victims of crimes -- Civil rights -- South Africa Crime -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/12627 , vital:27100
- Description: There is a perception among victims of crime, and people in general, in South Africa that the country’s laws favour and protect offenders. These people believe that offenders have more rights than victims which are derived from the Constitution of the country, and other legislative Acts of parliament. This view may sometimes lead to vigilantism and a total disregard of the law. The study will show that victims do have rights in the country’s legislations. The study briefly explains the sources of such laws, like the Constitution, the Victims Charter and selected provisions of some Acts of parliament. It is a fact that the section 35 of the Constitution provides in detail, the rights of the arrested, detained and accused. It is also submitted persons that there is no specific provision that talks about the rights of the victims of crime. However, that does not mean that such victims do not have rights in terms of the constitution. The rights of victims of crime are seen during the courts’ interpretation and application of rights mentioned in the Bill of Rights. The use of words like “everyone” and “any person” in the Bill of Rights also refers to victims of crime. Therefore, the Constitution is not victim-biased and offender-friendly. The Constitution protects everybody because it seeks to uphold the values of human dignity, equality, freedom and the African concept of ubuntu. The study discusses briefly the rights of victims as adopted by the Victims’ Charter. The Charter lists these rights, but does not explain how such rights are to be achieved. South Africa also developed a document called the Minimum Standards for Services for Victims of Crime which indicates how each right is to be achieved. The study also shows that South Africa had developed some Acts of parliament even before the adoption of the Victims Charter. South Africa claims that the Victims’ Charter is compliant with the Constitution and the United Nations Declaration of Basic Principles of Justice Abuse of Power of 1985. It is submitted that this statement is not entirely correct, especially with regards to the provision that deals with compensation. South Africa did not define compensation as defined by the United Nations Declaration. This can be seen as a dismal failure by South Africa to abide by the United Nations Declaration and this has resulted in more harm suffered by victims of crime. The study also discusses how rape victims benefit through the use of Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007. This begins with the changing of the definition of rape. The Act also deals with how rape victims can access antiretroviral drugs to prevent HIV/Aids infection. It explains limitations on the right to privacy of the accused, especially to compel him or her to undergo an HIV test. The HIV positive status of the accused can be used as an aggravating factor during sentencing in terms of UNAIDS policies. S v Nyalungu 2005 (JOL) 13254 (T) is a leading case in South Africa showing compliance with UNAIDS policies. Restorative justice mechanisms have been discussed to show positive movement by South Africa from a retributive justice system to a restorative justice system. The advantages of such mechanisms for victims have been discussed. The study also describes briefly some selected provisions of the Criminal Procedure Act of 1977 and how these provisions benefit victims of crime. These include sections 153, 170A, 297, 299A, 300 and 301. The study highlights some challenges that still exist and what innovations can be made. This includes recommendations which can be made to benefit victims of crime further. For example, an apology can be used as one of the important principles in the restorative justice system. It is submitted and recommended that truth and apology go hand in glove and the basic elements of forgiveness. South Africa can pride itself with regards to this approach especially during the Truth and Reconciliation Commission which was established in post-apartheid South Africa. The study concludes by saying that South Africa should set up a victim-compensation scheme. It is submitted that South Africa can afford such a scheme despite the problems identified.
- Full Text:
- Date Issued: 2016
- Authors: Nkukwana , Zingisile Wiseman
- Date: 2016
- Subjects: Victims of crimes -- South Africa Victims of crimes -- Civil rights -- South Africa Crime -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/12627 , vital:27100
- Description: There is a perception among victims of crime, and people in general, in South Africa that the country’s laws favour and protect offenders. These people believe that offenders have more rights than victims which are derived from the Constitution of the country, and other legislative Acts of parliament. This view may sometimes lead to vigilantism and a total disregard of the law. The study will show that victims do have rights in the country’s legislations. The study briefly explains the sources of such laws, like the Constitution, the Victims Charter and selected provisions of some Acts of parliament. It is a fact that the section 35 of the Constitution provides in detail, the rights of the arrested, detained and accused. It is also submitted persons that there is no specific provision that talks about the rights of the victims of crime. However, that does not mean that such victims do not have rights in terms of the constitution. The rights of victims of crime are seen during the courts’ interpretation and application of rights mentioned in the Bill of Rights. The use of words like “everyone” and “any person” in the Bill of Rights also refers to victims of crime. Therefore, the Constitution is not victim-biased and offender-friendly. The Constitution protects everybody because it seeks to uphold the values of human dignity, equality, freedom and the African concept of ubuntu. The study discusses briefly the rights of victims as adopted by the Victims’ Charter. The Charter lists these rights, but does not explain how such rights are to be achieved. South Africa also developed a document called the Minimum Standards for Services for Victims of Crime which indicates how each right is to be achieved. The study also shows that South Africa had developed some Acts of parliament even before the adoption of the Victims Charter. South Africa claims that the Victims’ Charter is compliant with the Constitution and the United Nations Declaration of Basic Principles of Justice Abuse of Power of 1985. It is submitted that this statement is not entirely correct, especially with regards to the provision that deals with compensation. South Africa did not define compensation as defined by the United Nations Declaration. This can be seen as a dismal failure by South Africa to abide by the United Nations Declaration and this has resulted in more harm suffered by victims of crime. The study also discusses how rape victims benefit through the use of Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007. This begins with the changing of the definition of rape. The Act also deals with how rape victims can access antiretroviral drugs to prevent HIV/Aids infection. It explains limitations on the right to privacy of the accused, especially to compel him or her to undergo an HIV test. The HIV positive status of the accused can be used as an aggravating factor during sentencing in terms of UNAIDS policies. S v Nyalungu 2005 (JOL) 13254 (T) is a leading case in South Africa showing compliance with UNAIDS policies. Restorative justice mechanisms have been discussed to show positive movement by South Africa from a retributive justice system to a restorative justice system. The advantages of such mechanisms for victims have been discussed. The study also describes briefly some selected provisions of the Criminal Procedure Act of 1977 and how these provisions benefit victims of crime. These include sections 153, 170A, 297, 299A, 300 and 301. The study highlights some challenges that still exist and what innovations can be made. This includes recommendations which can be made to benefit victims of crime further. For example, an apology can be used as one of the important principles in the restorative justice system. It is submitted and recommended that truth and apology go hand in glove and the basic elements of forgiveness. South Africa can pride itself with regards to this approach especially during the Truth and Reconciliation Commission which was established in post-apartheid South Africa. The study concludes by saying that South Africa should set up a victim-compensation scheme. It is submitted that South Africa can afford such a scheme despite the problems identified.
- Full Text:
- Date Issued: 2016
An evaluation of South Africa's legislation to combat organised crime
- Authors: Nkosi, Zaba Philip
- Date: 2011
- Subjects: Criminal law , Legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10170 , http://hdl.handle.net/10948/1566 , Criminal law , Legislation -- South Africa
- Description: Organised crime is a global phenomenon. It is a problem in South Africa as it is a problem in most countries. International and regional organisations, in particular, United Nations, Financial Action Task Force (FATF), and African Union (AU), have developed legislative measures and laid down minimum standards to assist party and non-party states to combat the scourge. Member countries and signatories to those instruments are ever encouraged to bring about national legislative and regulatory frameworks to criminalise predicate crimes, curb money laundering, confiscate instrumentalities and proceeds of such crimes, and to co-operate amongst themselves in their endeavours to fight the scourge. South Africa is a signatory and state party to the Vienna Convention, the Palermo Convention, African Union conventions, Southern African Development Community protocols, and has embraced Financial Action Task Force Forty Recommendations. As a signatory and a state party to these instruments, South Africa has passed, in its parliament, a vast array of legislative tools aimed at complimenting the criminalisation of organised crime related conduct (thus extending range of predicate crimes, and has also put in place preventative measures to be taken by financial, non-financial and professional institutions against money laundering practices, in order to deny organised criminals of illicit proceeds and a further use of property as an instrument of crime. The legislative framework is also aimed to foster international co-operation in the form of mutual assistance, extradition and enforcement of foreign judgements and sentences. There is a public perception, though, that crime pays in South Africa. The general public perception is that crime pays because the laws of the country always lag behind the ingenuity of organised criminals who, it is believed, are always a step or two ahead in better organisation of their nefarious activities and in the use of sophisticated methods of execution to achieve their goals. The objective of this research is to evaluate existing South African laws intended to deal with organised crime with relevant international instruments in order to establish whether the laws are adequate and are being implemented effectively to fight the scourge. The hypothesis of this research project is that South Africa has adequate laws (compliance); however, the problem lies in their implementation (enforcement). To obtain the necessary information to achieve the said objectives, the views made by various writers on organised crime were considered. The legislation currently in place to combat organised crime was identified and measured against aforementioned instruments in order to establish whether they do achieve the minimum standards set for the fight against organised crime. The comparison was done following the perspectives contained in these instruments in chapter form. In this regard, over-achievements as well as under-achievements were highlighted. For an example, article 6 of the Palermo convention instructs state parties to include as predicate offences all serious crime, punishable by maximum deprivation of liberty of at least 4 years or more, for money laundering. The Prevention of Organised Crime Act (POCA), on the other hand, contains no list of specific predicate offences, but makes an open-ended reference to the „proceeds of unlawful activities‟. It is, therefore, all-encompassing. Another example can be found in the South African definition of corruption. The South African statutory definition penalises corruption „in the widest sense and in all its forms, whereas that in the Palermo Convention is limited or restricted, as it does not instruct for the criminalisation of corruption involving foreign public officials or international civil servants. The evaluation of existing South African laws shows that South Africa has adequate laws to fight organised crime. There is, however, a room for improvement in their implementation, particularly in the prosecution of organised crimes. The South African government is urged to make available adequate financial resources to enable prosecutors to carry out their functions effectively in the fight against the scourge.
- Full Text:
- Date Issued: 2011
- Authors: Nkosi, Zaba Philip
- Date: 2011
- Subjects: Criminal law , Legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10170 , http://hdl.handle.net/10948/1566 , Criminal law , Legislation -- South Africa
- Description: Organised crime is a global phenomenon. It is a problem in South Africa as it is a problem in most countries. International and regional organisations, in particular, United Nations, Financial Action Task Force (FATF), and African Union (AU), have developed legislative measures and laid down minimum standards to assist party and non-party states to combat the scourge. Member countries and signatories to those instruments are ever encouraged to bring about national legislative and regulatory frameworks to criminalise predicate crimes, curb money laundering, confiscate instrumentalities and proceeds of such crimes, and to co-operate amongst themselves in their endeavours to fight the scourge. South Africa is a signatory and state party to the Vienna Convention, the Palermo Convention, African Union conventions, Southern African Development Community protocols, and has embraced Financial Action Task Force Forty Recommendations. As a signatory and a state party to these instruments, South Africa has passed, in its parliament, a vast array of legislative tools aimed at complimenting the criminalisation of organised crime related conduct (thus extending range of predicate crimes, and has also put in place preventative measures to be taken by financial, non-financial and professional institutions against money laundering practices, in order to deny organised criminals of illicit proceeds and a further use of property as an instrument of crime. The legislative framework is also aimed to foster international co-operation in the form of mutual assistance, extradition and enforcement of foreign judgements and sentences. There is a public perception, though, that crime pays in South Africa. The general public perception is that crime pays because the laws of the country always lag behind the ingenuity of organised criminals who, it is believed, are always a step or two ahead in better organisation of their nefarious activities and in the use of sophisticated methods of execution to achieve their goals. The objective of this research is to evaluate existing South African laws intended to deal with organised crime with relevant international instruments in order to establish whether the laws are adequate and are being implemented effectively to fight the scourge. The hypothesis of this research project is that South Africa has adequate laws (compliance); however, the problem lies in their implementation (enforcement). To obtain the necessary information to achieve the said objectives, the views made by various writers on organised crime were considered. The legislation currently in place to combat organised crime was identified and measured against aforementioned instruments in order to establish whether they do achieve the minimum standards set for the fight against organised crime. The comparison was done following the perspectives contained in these instruments in chapter form. In this regard, over-achievements as well as under-achievements were highlighted. For an example, article 6 of the Palermo convention instructs state parties to include as predicate offences all serious crime, punishable by maximum deprivation of liberty of at least 4 years or more, for money laundering. The Prevention of Organised Crime Act (POCA), on the other hand, contains no list of specific predicate offences, but makes an open-ended reference to the „proceeds of unlawful activities‟. It is, therefore, all-encompassing. Another example can be found in the South African definition of corruption. The South African statutory definition penalises corruption „in the widest sense and in all its forms, whereas that in the Palermo Convention is limited or restricted, as it does not instruct for the criminalisation of corruption involving foreign public officials or international civil servants. The evaluation of existing South African laws shows that South Africa has adequate laws to fight organised crime. There is, however, a room for improvement in their implementation, particularly in the prosecution of organised crimes. The South African government is urged to make available adequate financial resources to enable prosecutors to carry out their functions effectively in the fight against the scourge.
- Full Text:
- Date Issued: 2011
Taking gendered harms seriously : the utility of rape trauma syndrome evidence in dispelling rape myths in criminal trials
- Authors: Nkala, Amanda Nothabo
- Date: 2016
- Subjects: Rape trauma syndrome Women -- Crimes against Rape -- Psychological aspects
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/13458 , vital:39668
- Description: Rape is a violent crime marked by underreporting and low conviction rates. Notwithstanding the fact that most rape laws have been made to be gender-neutral, the statistics of rape are still devastatingly high even on a global scale. The majority of the victims are still predominantly females especially in the context of acquaintance rape. It is an uncontestable fact that rape usually occurs in secret making it possible for one to falsely accuse another and effectively rendering it difficult to refute. In light of this, victims who have managed to reach the courts have come face to face with a myriad of stereotypical beliefs and rape myths about rape victims. These have dealt a blow to their cases once their credibility is doubted because they may have exhibited behaviour that does not match with the classic or real rape victim as expected by the society. However rape is an egregiously unique crime that presents with serious psychological issues for the victim. As such it is possible for a rape victim to exhibit counterintuitive behaviour that can only be sensibly explained by an expert who has delved in human behavioural sciences. The alleged victim will be questioned on things like lengthy delay in reporting, returning to the scene of the crime, asking for taxi money the morning after the rape or even failing to scream and fight off the alleged assailant. Unfortunately, the psychological effects of rape have more often than not been overlooked in our criminal justice system giving way for blame shifting in that the female victim is called upon to account for why the rape may have happened to her. These psychological reactions, responses and counterintuitive behaviour have been characterized as Rape Trauma Syndrome by specialists in psychology and psychiatry. In the context of this study, Rape Trauma Syndrome is a form of expert opinion evidence which is relevant, helpful and necessary because it can dispel rape myths and stereotypical beliefs about rape victims by educating the courts about the psychological reactions of rape victims. Against this backdrop, this research project investigates the utility of Rape Trauma Syndrome evidence in dispelling rape myths in rape trials, focusing especially on the admissibility and use of that syndrome as evidence in other jurisdictions at the level of comparative analysis in order to establish whether it can be utilised in the South African context.
- Full Text:
- Date Issued: 2016
- Authors: Nkala, Amanda Nothabo
- Date: 2016
- Subjects: Rape trauma syndrome Women -- Crimes against Rape -- Psychological aspects
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/13458 , vital:39668
- Description: Rape is a violent crime marked by underreporting and low conviction rates. Notwithstanding the fact that most rape laws have been made to be gender-neutral, the statistics of rape are still devastatingly high even on a global scale. The majority of the victims are still predominantly females especially in the context of acquaintance rape. It is an uncontestable fact that rape usually occurs in secret making it possible for one to falsely accuse another and effectively rendering it difficult to refute. In light of this, victims who have managed to reach the courts have come face to face with a myriad of stereotypical beliefs and rape myths about rape victims. These have dealt a blow to their cases once their credibility is doubted because they may have exhibited behaviour that does not match with the classic or real rape victim as expected by the society. However rape is an egregiously unique crime that presents with serious psychological issues for the victim. As such it is possible for a rape victim to exhibit counterintuitive behaviour that can only be sensibly explained by an expert who has delved in human behavioural sciences. The alleged victim will be questioned on things like lengthy delay in reporting, returning to the scene of the crime, asking for taxi money the morning after the rape or even failing to scream and fight off the alleged assailant. Unfortunately, the psychological effects of rape have more often than not been overlooked in our criminal justice system giving way for blame shifting in that the female victim is called upon to account for why the rape may have happened to her. These psychological reactions, responses and counterintuitive behaviour have been characterized as Rape Trauma Syndrome by specialists in psychology and psychiatry. In the context of this study, Rape Trauma Syndrome is a form of expert opinion evidence which is relevant, helpful and necessary because it can dispel rape myths and stereotypical beliefs about rape victims by educating the courts about the psychological reactions of rape victims. Against this backdrop, this research project investigates the utility of Rape Trauma Syndrome evidence in dispelling rape myths in rape trials, focusing especially on the admissibility and use of that syndrome as evidence in other jurisdictions at the level of comparative analysis in order to establish whether it can be utilised in the South African context.
- Full Text:
- Date Issued: 2016
The social security law position of employees involved in motor vehicle accidents
- Authors: Njamela, Marrof Zalisile
- Date: 2017
- Subjects: Social security -- Law and legislation Traffic accidents
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/20121 , vital:29126
- Description: The primary purpose of the study is to highlight the social security law position of employees involved in MVAs. The study concludes and notes that: The current social security system provides an inadequate prevention strategy for employees involved in MVAs. A blanket program of fitness for work as an occupational accident prevention tool should be legislated and be part of the OHSA general duties of employers to their employees. A social security system that attempts to address loss of ability to earn as a result of occupational injury must incorporate an integrated approach towards prevention of risks, compensation and rehabilitation. Social security legal instruments currently providing compensation for employees involved in MVAs (RAF and COIDA) are promulgated for more benefits. A RTW plan, Vocational assessment and rehabilitation of injured employees, all processes that will aid continued employment for injured employees, will be included. This will ensure that employees continue to earn income which forms the basis of social security.
- Full Text:
- Date Issued: 2017
- Authors: Njamela, Marrof Zalisile
- Date: 2017
- Subjects: Social security -- Law and legislation Traffic accidents
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/20121 , vital:29126
- Description: The primary purpose of the study is to highlight the social security law position of employees involved in MVAs. The study concludes and notes that: The current social security system provides an inadequate prevention strategy for employees involved in MVAs. A blanket program of fitness for work as an occupational accident prevention tool should be legislated and be part of the OHSA general duties of employers to their employees. A social security system that attempts to address loss of ability to earn as a result of occupational injury must incorporate an integrated approach towards prevention of risks, compensation and rehabilitation. Social security legal instruments currently providing compensation for employees involved in MVAs (RAF and COIDA) are promulgated for more benefits. A RTW plan, Vocational assessment and rehabilitation of injured employees, all processes that will aid continued employment for injured employees, will be included. This will ensure that employees continue to earn income which forms the basis of social security.
- Full Text:
- Date Issued: 2017
Judicial enforcement of socio-economic rights under the 1996 constitution : realising the vision of social justice
- Authors: Ngcukaitobi, T
- Date: 2003
- Subjects: South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3689 , http://hdl.handle.net/10962/d1003204 , South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Description: Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.
- Full Text:
- Date Issued: 2003
- Authors: Ngcukaitobi, T
- Date: 2003
- Subjects: South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3689 , http://hdl.handle.net/10962/d1003204 , South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Description: Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.
- Full Text:
- Date Issued: 2003
The contribution of the Labour Court to the development of strike law
- Nengovhela, Livhuwani Adolphus
- Authors: Nengovhela, Livhuwani Adolphus
- Date: 2005
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10191 , http://hdl.handle.net/10948/430 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Description: The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the provisions of the Act. One should hasten to say that this has never been a smooth process by the courts. It will further be shown in this paper that some of the court decisions were not well accepted in the light of other considerations, such as the Constitution and the previous Industrial Court decisions. On some occasions the Constitutional Court had to intervene in order to clarify the intention of the legislature. For the purpose of effectively dealing with this topic, I shall briefly give the historical context of strike law in the form of common-law position, and the strike-law position before the Bill of Rights and the Constitution. I shall then endeavour to identify the legislative provision of the Act when it comes to strike-law provisions, at the same time identifying the important court decisions that were made.
- Full Text:
- Date Issued: 2005
- Authors: Nengovhela, Livhuwani Adolphus
- Date: 2005
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10191 , http://hdl.handle.net/10948/430 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Description: The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the provisions of the Act. One should hasten to say that this has never been a smooth process by the courts. It will further be shown in this paper that some of the court decisions were not well accepted in the light of other considerations, such as the Constitution and the previous Industrial Court decisions. On some occasions the Constitutional Court had to intervene in order to clarify the intention of the legislature. For the purpose of effectively dealing with this topic, I shall briefly give the historical context of strike law in the form of common-law position, and the strike-law position before the Bill of Rights and the Constitution. I shall then endeavour to identify the legislative provision of the Act when it comes to strike-law provisions, at the same time identifying the important court decisions that were made.
- Full Text:
- Date Issued: 2005
Procedural fairness in unprotected strike dismissals
- Authors: Nel, Werner
- Date: 2003
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa , South Africa. Labour Relations Act -- 1995
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11049 , http://hdl.handle.net/10948/314 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa , South Africa. Labour Relations Act -- 1995
- Description: The Labour Relations Act contains a definition of a strike which reads as follows: “’strike’ means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee, and every reference to ‘work’ in this definition includes overtime work, whether it is voluntary or compulsory.” The Labour Relations Act offers strikers special protection against dismissal if they conform with the Act and its provisions. Hence the distinction between those strikes and protest action in compliance with the Act, namely ‘protected’ strikes and protest action, and those strikes and protest action in violation of the Act, namely, ‘unprotected’ strikes and protest action. Participation in an unprotected strike is one form of misbehaviour. The Labour Relations Act expressly prohibits the dismissal of employees engaged in a lawful strike. Employees engaged in strike action contrary to the provisions of the Labour Relations Act may be dismissed since their strike action is deemed to be a form of misconduct. The dismissal of striking employees must be both substantially and procedurally fair.
- Full Text:
- Date Issued: 2003
- Authors: Nel, Werner
- Date: 2003
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa , South Africa. Labour Relations Act -- 1995
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11049 , http://hdl.handle.net/10948/314 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa , South Africa. Labour Relations Act -- 1995
- Description: The Labour Relations Act contains a definition of a strike which reads as follows: “’strike’ means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee, and every reference to ‘work’ in this definition includes overtime work, whether it is voluntary or compulsory.” The Labour Relations Act offers strikers special protection against dismissal if they conform with the Act and its provisions. Hence the distinction between those strikes and protest action in compliance with the Act, namely ‘protected’ strikes and protest action, and those strikes and protest action in violation of the Act, namely, ‘unprotected’ strikes and protest action. Participation in an unprotected strike is one form of misbehaviour. The Labour Relations Act expressly prohibits the dismissal of employees engaged in a lawful strike. Employees engaged in strike action contrary to the provisions of the Labour Relations Act may be dismissed since their strike action is deemed to be a form of misconduct. The dismissal of striking employees must be both substantially and procedurally fair.
- Full Text:
- Date Issued: 2003
The war againts organised crime: a critical assessment of South African asset forfeiture law and its impact on redress for victims of crime
- Ndzengu, Nkululeko Christopher
- Authors: Ndzengu, Nkululeko Christopher
- Date: 2009
- Subjects: Forfeiture -- South Africa , Organized crime , Victims of crimes -- Legal status, laws, etc. -- South Africa , Reparation (Criminal justice) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10173 , http://hdl.handle.net/10948/905 , Forfeiture -- South Africa , Organized crime , Victims of crimes -- Legal status, laws, etc. -- South Africa , Reparation (Criminal justice) -- South Africa
- Description: This research will be undertaken in the field of both criminal and civil law with particular focus on international interventions in the fight against organized criminal activities, assets forfeitsure in South Africa in general and its treatment of victims of the underlying forfeitsure crimes ("the victims") in assert forfeitsure, more specifically.
- Full Text: false
- Date Issued: 2009
- Authors: Ndzengu, Nkululeko Christopher
- Date: 2009
- Subjects: Forfeiture -- South Africa , Organized crime , Victims of crimes -- Legal status, laws, etc. -- South Africa , Reparation (Criminal justice) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10173 , http://hdl.handle.net/10948/905 , Forfeiture -- South Africa , Organized crime , Victims of crimes -- Legal status, laws, etc. -- South Africa , Reparation (Criminal justice) -- South Africa
- Description: This research will be undertaken in the field of both criminal and civil law with particular focus on international interventions in the fight against organized criminal activities, assets forfeitsure in South Africa in general and its treatment of victims of the underlying forfeitsure crimes ("the victims") in assert forfeitsure, more specifically.
- Full Text: false
- Date Issued: 2009
Automatic termination clauses in employment contracts
- Authors: Ndzendze, Kutala
- Date: 2019
- Subjects: Labor contract -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa Unfair labor practices -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/41808 , vital:36594
- Description: This study aims to establish Automatic Termination Clauses in Employment contracts by analyzing the provisions of the Constitution of the Republic of South Africa, Labour Relations Act and the precedents. The automatic termination of employment contract means that the contract is terminated without giving an employee the opportunity to state his or her version as per the audi alteram partem principle. In essence, the employee is deprived of his or her right to a fair dismissal as outlined in the Labour Relations Act. The automatic termination clauses in employment contract means that the employment contract will come to an end when the employee’s services are no longer required or when the employer simply does no longer want to keep the employee at work. The Constitution of the Republic of South Africa provides that “everyone has the right to fair labour practices”.1 In terms of the Labour Relations Act (hereinafter referred to as “the LRA”),2 every employee has the right not to be unfairly dismissed. An employment contract between an employee and employer arises out of a contract to perform services. This is so whether the contract is in writing or not. Dismissal is defined in the LRA3 as where the employer has terminated employment with or without a notice. The thesis is composed of five chapters, each of them dealing with different aspects of automatic termination clauses in employment contracts.
- Full Text:
- Date Issued: 2019
- Authors: Ndzendze, Kutala
- Date: 2019
- Subjects: Labor contract -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa Unfair labor practices -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/41808 , vital:36594
- Description: This study aims to establish Automatic Termination Clauses in Employment contracts by analyzing the provisions of the Constitution of the Republic of South Africa, Labour Relations Act and the precedents. The automatic termination of employment contract means that the contract is terminated without giving an employee the opportunity to state his or her version as per the audi alteram partem principle. In essence, the employee is deprived of his or her right to a fair dismissal as outlined in the Labour Relations Act. The automatic termination clauses in employment contract means that the employment contract will come to an end when the employee’s services are no longer required or when the employer simply does no longer want to keep the employee at work. The Constitution of the Republic of South Africa provides that “everyone has the right to fair labour practices”.1 In terms of the Labour Relations Act (hereinafter referred to as “the LRA”),2 every employee has the right not to be unfairly dismissed. An employment contract between an employee and employer arises out of a contract to perform services. This is so whether the contract is in writing or not. Dismissal is defined in the LRA3 as where the employer has terminated employment with or without a notice. The thesis is composed of five chapters, each of them dealing with different aspects of automatic termination clauses in employment contracts.
- Full Text:
- Date Issued: 2019
The concept of decent work in a South African context
- Authors: Ndung'u, Agnes
- Date: 2011
- Subjects: Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10199 , http://hdl.handle.net/10948/1618 , Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Description: Work is a key component of people's lives and most people aspire to have work that is sufficient to provide a living wage so as to lift them out of poverty and social exclusion and also that is secure enough to guarantee a decent livelihood. The Decent Work Agenda has gained much popularity in recent years and proposes an approach to development that emphasizes fair and sustainable working opportunities that include principles of rights at work, social protection and social dialogue. Various issues have been raised in this study. Firstly, the decent work concept needs to be understood comprehensively as there is misconception about what the concept implies and what it can achieve. Secondly, it is acknowledged that there are huge decent work deficits in South Africa especially in the informal sector which impede on the advancement of people‟s conditions of living, cause people to live lives of poverty as well as deprive people of a life of dignity. This is despite decent work having a solid basis in labour legislation and also South Africa being bound by international law and principles concerning decent work. The study observes that reform in labour legislation is recommended to help overcome the decent work deficits. The ILO has proposed the Decent Work Country Programmes to help countries align their economic development goals with the international goal of the achievement of Decent Work for all. South Africa also has its own solutions such as the New Growth Path as well as other policies. The main issue however is how these policies can be implemented effectively and how decent work can be achieved against a backdrop of the socio – economic challenges that South Africa faces.
- Full Text:
- Date Issued: 2011
- Authors: Ndung'u, Agnes
- Date: 2011
- Subjects: Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10199 , http://hdl.handle.net/10948/1618 , Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Description: Work is a key component of people's lives and most people aspire to have work that is sufficient to provide a living wage so as to lift them out of poverty and social exclusion and also that is secure enough to guarantee a decent livelihood. The Decent Work Agenda has gained much popularity in recent years and proposes an approach to development that emphasizes fair and sustainable working opportunities that include principles of rights at work, social protection and social dialogue. Various issues have been raised in this study. Firstly, the decent work concept needs to be understood comprehensively as there is misconception about what the concept implies and what it can achieve. Secondly, it is acknowledged that there are huge decent work deficits in South Africa especially in the informal sector which impede on the advancement of people‟s conditions of living, cause people to live lives of poverty as well as deprive people of a life of dignity. This is despite decent work having a solid basis in labour legislation and also South Africa being bound by international law and principles concerning decent work. The study observes that reform in labour legislation is recommended to help overcome the decent work deficits. The ILO has proposed the Decent Work Country Programmes to help countries align their economic development goals with the international goal of the achievement of Decent Work for all. South Africa also has its own solutions such as the New Growth Path as well as other policies. The main issue however is how these policies can be implemented effectively and how decent work can be achieved against a backdrop of the socio – economic challenges that South Africa faces.
- Full Text:
- Date Issued: 2011
The legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts
- Authors: Ndou, Fulufhelo Clyde
- Date: 2001
- Subjects: Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3688 , http://hdl.handle.net/10962/d1003203 , Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Description: The thesis covers the field of the contract law known as the consumer credit law. It deals with the legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts. The thesis focuses on those credit contracts in which the legal relationship between the consumer and the dominant party is contained in the standard-form contracts, specifically credit agreements relating to money lending transactions in which the credit grantor’s rights are secured either by means of mortgage agreement, a suretyship contract, or a deed of cession. In South Africa the right to equality and human dignity, as opposed to the classical theories of contract: pacta sunt servanda and the principle of freedom of contract, are supported by the Constitution of the Republic of South Africa Act 108 of 1996 which entrenched democratic values permeating all areas of the law including contract law. In this thesis the harmonisation of these classical theories of contract law and the constitutional values of human dignity and equality have been considered. As has been shown in a number of cases, notably those relating to the contracts of suretyship, cession in securitatem debiti, and mortgage, the current law regulating the relationship between the credit grantors and the credit receivers is in need of law reform to fall in line with the constitutional values of equality and human dignity. The greatest difficulty inherent in this area of the law is the reluctance of the courts to intervene at the instance of consumers. The courts would only intervene in the clearest of the cases, and would only do so in the public interest. In this thesis the current South African Law is considered in the light of the developments elsewhere. The tendency of credit providers to alter the terms of the contracts unilaterally and the growing number of conflicting decisions of the Provincial Divisions of High Court has also been considered. The writer also considers the role of the newly created Consumer Affairs Court.
- Full Text:
- Date Issued: 2001
- Authors: Ndou, Fulufhelo Clyde
- Date: 2001
- Subjects: Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3688 , http://hdl.handle.net/10962/d1003203 , Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Description: The thesis covers the field of the contract law known as the consumer credit law. It deals with the legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts. The thesis focuses on those credit contracts in which the legal relationship between the consumer and the dominant party is contained in the standard-form contracts, specifically credit agreements relating to money lending transactions in which the credit grantor’s rights are secured either by means of mortgage agreement, a suretyship contract, or a deed of cession. In South Africa the right to equality and human dignity, as opposed to the classical theories of contract: pacta sunt servanda and the principle of freedom of contract, are supported by the Constitution of the Republic of South Africa Act 108 of 1996 which entrenched democratic values permeating all areas of the law including contract law. In this thesis the harmonisation of these classical theories of contract law and the constitutional values of human dignity and equality have been considered. As has been shown in a number of cases, notably those relating to the contracts of suretyship, cession in securitatem debiti, and mortgage, the current law regulating the relationship between the credit grantors and the credit receivers is in need of law reform to fall in line with the constitutional values of equality and human dignity. The greatest difficulty inherent in this area of the law is the reluctance of the courts to intervene at the instance of consumers. The courts would only intervene in the clearest of the cases, and would only do so in the public interest. In this thesis the current South African Law is considered in the light of the developments elsewhere. The tendency of credit providers to alter the terms of the contracts unilaterally and the growing number of conflicting decisions of the Provincial Divisions of High Court has also been considered. The writer also considers the role of the newly created Consumer Affairs Court.
- Full Text:
- Date Issued: 2001
The effective use of legal protection to combat stigma and discrimination related to HIV and AIDS in a workplace: a case study in kwa Zulu Natal
- Authors: Ndobeni, Zoliswa Nomawesile
- Date: 2018
- Subjects: AIDS (Disease) -- Law and legislation , Medical policy -- legislation & jurisprudence Public health -- legislation & jurisprudence HIV-positive persons -- Employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/32804 , vital:32365
- Description: Stigma and discrimination continue to be the leading cause of everyday cases of new HIV/AIDS infections in spite of the current legal and medical interventions available. The purpose of the study is to explore the effective use of legal protection in combating stigma and discrimination related to HIV/AIDS in the workplace. When it comes to fighting discrimination and stigma against people living with HIV/AIDS, it is still a challenge as these aspects prevent people from coming forward for testing and for prevention as well as treatment service. The rationale for conducting the study is to examine the relationship of the human rights as per the Constitution of South Africa and the spread and impact of HIV/AIDS on individuals in the workplace. The study is of significance to conduct as the research will further provide knowledge and awareness to both the employer and employee regarding the legal framework pertaining to HIV/AIDS and perhaps unintentional consequences of the legal framework to both the employer and employee concerning productivity and growth. Various legal frameworks were determined to address HIV pandemic in South Africa which constitutes one of the utmost challenges facing the nation as well as benchmarking international law. The structure and functioning of the workplace is a key possibility to address developmental inequities in South Africa. This includes the development of healthcare centres in the workplace. HIV testing involves a great deal of risks and consequences that may not be apparent to the patient. Hence, informed consent is required. Policies and guidelines have been put in place to protect employees. HIV clinicians now argue that HIV testing should be presented as a routine procedure, to remove social barriers and stigma. The present study recommends various programmes that may assist in minimizing stigma and discrimination of people living with HIV. This stigma prevent persons from testing for HIV status. The study also seeks to evaluate and review current policies concerning HIV/AIDS.
- Full Text:
- Date Issued: 2018
- Authors: Ndobeni, Zoliswa Nomawesile
- Date: 2018
- Subjects: AIDS (Disease) -- Law and legislation , Medical policy -- legislation & jurisprudence Public health -- legislation & jurisprudence HIV-positive persons -- Employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/32804 , vital:32365
- Description: Stigma and discrimination continue to be the leading cause of everyday cases of new HIV/AIDS infections in spite of the current legal and medical interventions available. The purpose of the study is to explore the effective use of legal protection in combating stigma and discrimination related to HIV/AIDS in the workplace. When it comes to fighting discrimination and stigma against people living with HIV/AIDS, it is still a challenge as these aspects prevent people from coming forward for testing and for prevention as well as treatment service. The rationale for conducting the study is to examine the relationship of the human rights as per the Constitution of South Africa and the spread and impact of HIV/AIDS on individuals in the workplace. The study is of significance to conduct as the research will further provide knowledge and awareness to both the employer and employee regarding the legal framework pertaining to HIV/AIDS and perhaps unintentional consequences of the legal framework to both the employer and employee concerning productivity and growth. Various legal frameworks were determined to address HIV pandemic in South Africa which constitutes one of the utmost challenges facing the nation as well as benchmarking international law. The structure and functioning of the workplace is a key possibility to address developmental inequities in South Africa. This includes the development of healthcare centres in the workplace. HIV testing involves a great deal of risks and consequences that may not be apparent to the patient. Hence, informed consent is required. Policies and guidelines have been put in place to protect employees. HIV clinicians now argue that HIV testing should be presented as a routine procedure, to remove social barriers and stigma. The present study recommends various programmes that may assist in minimizing stigma and discrimination of people living with HIV. This stigma prevent persons from testing for HIV status. The study also seeks to evaluate and review current policies concerning HIV/AIDS.
- Full Text:
- Date Issued: 2018
Pursuing justice in post conflict situations in Africa
- Authors: Ndirangu, Stella Wambui
- Date: 2013
- Subjects: Restorative justice -- Africa , Justice, Administration of -- Africa , Transitional justice
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10293 , http://hdl.handle.net/10948/d1020647
- Description: Post conflict justice is a concept that has in the last two decades gained notoriety and support across the world. The commitment by states to fight impunity by embracing accountability measures has increasingly gained support. This however, was not always the case. Before the 1980s the approach by most of the world was to turn a blind eye to serious violations committed during wars, insurgencies and serious conflict. This was done in the name of respecting state sovereignty, where other states were required to respect the conflict state by not intervening irrespective of egregious violations being committed to mankind. The tide eventually changed and many states have adopted numerous instruments as a sign of their commitment to fight impunity and bring accountability to the perpetrators of serious conflict. African states embraced this development, in 1998 during the Rome conference where the Rome Statute for the International Criminal Court was adopted. African states participated in large numbers during the negotiations. Subsequently, African states signed and adopted the Statute overwhelmingly. To date, 33 African States have ratified the Rome Statute making Africa the most represented region in the Rome Statute system. With Africa's share of countless conflicts, where serious human rights violations have been violated, post conflict justice is increasingly a reality in Africa. The application of post conflict justice is an emerging and ever evolving field in Africa. The implementation of post conflict justice has been the center of contested debates. These debates have in the recent past become more pronounced especially where international intervention has been applied in assisting African post conflict societies to deal with the past and bring accountability. The impact that the accountability mechanisms play in restoring a post conflict society has been overshadowed by these debates. This study therefore seeks to provide a balanced discussion on the role that the accountability mechanisms can play in African post conflict societies. The study gives an overview of the evolution of post conflict justice and also looks into the different post conflict justice approaches adopted by African countries and their potential role in accountability and societal healing. The empirical cases of South Africa and Kenya are analysed in the study as practical examples of the application of post conflict justice approaches. The impact of the accountability mechanisms adopted is also discussed. The unique role that the African Union plays in fighting impunity in the continent is also discussed and the impact of positions taken by the continental body on accountability in post conflict countries is analysed. In the end the study seeks to establish the growing pattern in Africa in dealing with post conflict situations and recommendations are made in the final chapter on how to improve the general approach by Africa to eradicate the culture of impunity for serious crimes committed in the continent.
- Full Text:
- Date Issued: 2013
- Authors: Ndirangu, Stella Wambui
- Date: 2013
- Subjects: Restorative justice -- Africa , Justice, Administration of -- Africa , Transitional justice
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10293 , http://hdl.handle.net/10948/d1020647
- Description: Post conflict justice is a concept that has in the last two decades gained notoriety and support across the world. The commitment by states to fight impunity by embracing accountability measures has increasingly gained support. This however, was not always the case. Before the 1980s the approach by most of the world was to turn a blind eye to serious violations committed during wars, insurgencies and serious conflict. This was done in the name of respecting state sovereignty, where other states were required to respect the conflict state by not intervening irrespective of egregious violations being committed to mankind. The tide eventually changed and many states have adopted numerous instruments as a sign of their commitment to fight impunity and bring accountability to the perpetrators of serious conflict. African states embraced this development, in 1998 during the Rome conference where the Rome Statute for the International Criminal Court was adopted. African states participated in large numbers during the negotiations. Subsequently, African states signed and adopted the Statute overwhelmingly. To date, 33 African States have ratified the Rome Statute making Africa the most represented region in the Rome Statute system. With Africa's share of countless conflicts, where serious human rights violations have been violated, post conflict justice is increasingly a reality in Africa. The application of post conflict justice is an emerging and ever evolving field in Africa. The implementation of post conflict justice has been the center of contested debates. These debates have in the recent past become more pronounced especially where international intervention has been applied in assisting African post conflict societies to deal with the past and bring accountability. The impact that the accountability mechanisms play in restoring a post conflict society has been overshadowed by these debates. This study therefore seeks to provide a balanced discussion on the role that the accountability mechanisms can play in African post conflict societies. The study gives an overview of the evolution of post conflict justice and also looks into the different post conflict justice approaches adopted by African countries and their potential role in accountability and societal healing. The empirical cases of South Africa and Kenya are analysed in the study as practical examples of the application of post conflict justice approaches. The impact of the accountability mechanisms adopted is also discussed. The unique role that the African Union plays in fighting impunity in the continent is also discussed and the impact of positions taken by the continental body on accountability in post conflict countries is analysed. In the end the study seeks to establish the growing pattern in Africa in dealing with post conflict situations and recommendations are made in the final chapter on how to improve the general approach by Africa to eradicate the culture of impunity for serious crimes committed in the continent.
- Full Text:
- Date Issued: 2013
An evaluation of the dispute resolution mechanisms of conciliation and arbitration
- Authors: Ndimurwimo, Leah Alexis
- Date: 2008
- Subjects: Dispute resolution (Law) -- South Africa , Mediation and conciliation, Industrial -- South Africa , Arbitration and award -- South Africa , Grievance procedures -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10206 , http://hdl.handle.net/10948/753 , Dispute resolution (Law) -- South Africa , Mediation and conciliation, Industrial -- South Africa , Arbitration and award -- South Africa , Grievance procedures -- South Africa
- Description: South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.
- Full Text:
- Date Issued: 2008
- Authors: Ndimurwimo, Leah Alexis
- Date: 2008
- Subjects: Dispute resolution (Law) -- South Africa , Mediation and conciliation, Industrial -- South Africa , Arbitration and award -- South Africa , Grievance procedures -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10206 , http://hdl.handle.net/10948/753 , Dispute resolution (Law) -- South Africa , Mediation and conciliation, Industrial -- South Africa , Arbitration and award -- South Africa , Grievance procedures -- South Africa
- Description: South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.
- Full Text:
- Date Issued: 2008