Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 14 of 14 for “"Just administrative action"”.
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The constitutionality of the Disaster Management Act and the Covid-19 regulations enacted thereunder: does this regulatory regime contravene the right to just administrative action?
… because Covid-19 regulation-making is administrative action, had more procedural fairness and participation been included in the process then the right would not have been breached. I will then show that the process was irrational, unreasonable and unlawful, and that the executive used …
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An analysis of the current framework for the exchange of taxpayer information, with special reference to the taxpayer in South Africa's constitutional rights to privacy and just administrative action
… namely the right to privacy and the right to just administrative action, with due recognition of the general limitation of rights provided for in the Constitution. Importantly, this paper does not dispute the need for exchange of taxpayer information in principle, nor the desirability of …
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An evaluation of the recourse available to taxpayers where SARS does not adhere to the correct tax administrative procedures
… Revenue Service (“SARS”) is “draconian” in its administrative actions and interactions with taxpayers and tax professionals, which infringes on taxpayers’ constitutional right to just administrative action. This dissertation aims to make taxpayers and tax professionals more aware of their right …
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Towards effective management of learner ill-discipline : the case of Serisha High School in Mpumalanga Province
… obligation not to violate the right to just administrative action. Both primary data and secondary data were collected when conducting the study. !n conducting the study the researcher observed a number of ethical principles such as informed consent. The main finding of the study is that …
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The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council
… Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the …
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Polygraph testing in the South African workplace : the law and practice
… the employee's rights to dignity, privacy and just administrative action. The perception of just administration questions evidence obtained by the use of lie detector (polygraph) tests comes under scrutiny as far as the admissibility and weight of such evidence is concerned. This research paper …
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An analysis of the effectiveness of the understatement penalty
… was further essential to define and explain the administrative requirements as provided for in the Constitution together with the legislation regulating just administrative action, to ensure that the understatement penalty is effectively applied. Finally the purpose for the analysis of domestic …
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From Sidumo to Dunsmuir the test for review of CCMA arbitration awards
… reasonableness, consistently with the right to just administrative action found in section 33 of the Constitution of the Republic of South Africa, 1996 ('the Constitution'). In search of a clear formulation of the test, an extensive examination of South African case law on the subject is …
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The Constitutionality of Ex Post Facto Authorisation for Environmentally Harmful Activities in South Africa
… obtained ex post facto, subject to payment of an administrative fine. Scholarship shows that ex post facto EA undermines the EIA process and the preventative, precautionary and integrated environmental management principles under section 2 of NEMA. Other writings posit that the ex post facto EA …
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Onderwysersekuriteitsbelewenis ten opsigte van skoolbeheerliggame se regsplig in plattelandse openbare skole : 'n onderwysregtelike perspektief
… equality, freedom of security of the person, just administrative action, freedom of expression, freedom of association, and the right to fair labour relations, amongst others. School governing bodies must comply with these rights in the performance of their duties. General legislation, for …
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An analysis of treaties for the exchange of information for tax purposes impacting a South African retail sector taxpayer and financial institutions trading in the Southern African development community region
… by increasing the need for additional administrative capacity to identify and report such information, and for revenue authorities to share such information in appropriate circumstances. A number of bilateral and multilateral treaties are currently applicable to SADC taxpayers that …
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The right to be heard - worth the delay? A critical examination of public participation’s role in the efficiency of administrative action in democratic South Africa
“Section 4 in the Promotion of Administrative Justice Act 3 of 2000 (the PAJA) is a great achievement for South African administrative law, and its very presence in the PAJA is likely to have a positive effect on the rate and quality of participation in administrative decision-making. Despite the …
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The importance of administrative justice rights in international refugee law: a case study of South Africa
… In the South African context, the Promotion of Administrative Justice Act 3 of 2000 (‘PAJA’) reinforces section 33 of the Constitution, the objective of which is to provide just administrative action for everyone – whether they are South African nationals or otherwise. The Department of Home …
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The constitutionality of sections 88 and 90 of the Customs and Excise Act 91 of 1964
… of 1964 comply with the constitutional right to just administrative action, read with the provisions of the Promotion of Administrative Justice Act 3 of 2000. As international trade increases, it is increasingly important that the provisions of the Customs and Excise Act 91 of 1964 which regulate …