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 9 of 9 for “"The Constitution of the Republic of South Africa, 1996 (the Constitution)"”.
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Balancing indigeneous community rights and intellectual property rights in the protection of genetic resources and associated traditional knowledge in South Africa
The growing realisation of the importance of traditional knowledge in the commercial exploitation of genetic resources has fuelled intense debate over whether and how such traditional knowledge should be protected. This debate is also driven by the need to protect genetic resources and associated …
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The effect of land expropriation without compensation on mortgagees
… compensation is an old notion that has been in the South African legal system. The colonial history of South Africa must be considered to better understanding of the origin of this phenomenon. Through colonial and apartheid governments, most whites were able to gain exclusive use of the majority …
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From Sidumo to Dunsmuir the test for review of CCMA arbitration awards
This thesis seeks to identify the test for judicial review of arbitration awards issued by the Commission for Conciliation, Mediation and Arbitration ('CCMA'). Currently, that test is set out in section 145 of the Labour Relations Act 66 of 1995 ('LRA'), read with the Constitutional Court's …
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Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest
This thesis examines whether the Labour Relations Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad …
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The 'pay now argue later' principle in South African Tax Law: its development, operation, comparison to South African civil debt enforcement and consistency with the constitutional right of access to courts
Section 164 of the Tax Administration Act 28 of 2011 (the TAA), previously contained in section 88 of the Income Tax Act 58 of 1962 (the Income Tax Act) and section 36 of the Value-Added Tax (VAT) Act 89 of 1991 (the VAT Act), provides that the payment of tax will not be automatically suspended …
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The intersection between the Islamic law of inheritance and the South African law of succession
While Muslims constitute 2% of South Africa's population, they formed an integral part of the South Africa's socio-political and historical landscape for over 350 years. Despite their historical marginalisation, in post-apartheid South Africa there are still no legislative provisions recognising …
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An analysis of South African Revenue Service powers to request relevant material as it pertains to the so-called ‘lifestyle questionnaire’.
This study focuses on the South African Revenue Service’s (SARS) powers to request “relevant material” as it pertains to the so called ‘lifestyle questionnaire”. It also deals with taxpayer’s rights in terms of the Tax Administration Act No. 28 of 2011 (TAA) and the Constitution of the Republic of …
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An evaluation of the development of environmental legislation governing environmental impact assessments and integrated environmental management in South Africa
This study provides an overview of the development of environmental assessment legislation in South Africa since the advent of democracy and critically assesses whether an effective regulatory system is in place. Where necessary and appropriate, the study may include aspects of foreign and …
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An evaluation of the development of environmental legislation governing environmental impact assessments and integrated environmental management in South Africa
This study provides an overview of the development of environmental assessment legislation in South Africa since the advent of democracy and critically assesses whether an effective regulatory system is in place. Where necessary and appropriate, the study may include aspects of foreign and …