Department of Mercantile Law
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The first-sale doctrine : parallel importation and beyond
(Juta Law Publishing, 2015-08)In 2013, the United States (“US”) Supreme Court gave its judgment in Kirtsaeng v John Wiley & Sons Inc, which appeared to fundamentally change the US’ position in relation to copyright law and parallel importation. The ...
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Deregistrasie sonder likwidasie van maatskappye en beslote korporasies ingevolge die 2008 Maatskappywet
(Juta Law Publishing, 2014-01)It is practically desirable that inactive companies are removed from the companies register. This should also be the main reason for the deregistration of companies that have not gone through winding-up. However, procedures ...
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The new gTLDs and the resolution of trade mark disputes
(Juta Law Publishing, 2014-01)Following ICANN's decision to permit new top-level domains pursuant to its New gTLD Program, and the likely explosion in the number of top-level domains ("TLDs"), it was anticipated that there would be competing claims to ...
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A comparative perspective on the "joint-action rule" in the context of business trusts
(Juta Law Publishing, 2014-01)The "joint-action rule" in South African trust law entails that all trustees must act jointly in order to bind the trust. Non-compliance with the rule will most often lead to the invalidity of a contract between the trustees ...
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Redesigning the South African Unemployment Insurance Fund : selected key policy and legal perspectives
(Juta Law Publishing, 2011-01)This contribution examines selected issues from a policy and legal perspective. Against the background of the broader social security reform agenda in South Africa and the vision of a comprehensive social security system, ...
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Constitutional perspectives on unemployment security and a right to work in South Africa
(Juta Law Publishing, 2011-09)The endemic problem of unemployment poses a serious challenge to the realisation of South Africa's constitutional goals and values. One of the most glaring gaps in the assistance provided to the unemployed in South Africa ...
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Activation in the context of the unemployment insurance system in South Africa
(Juta Law Publishing, 2011-01)The main aim of labour market activation policies is to bring jobless people from unemployment or inactivity into work or, at the very least, to influence the employment prospects of the unemployed positively. Activation ...
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Restraint of trade agreements in employment contracts : time for Pacta Sunt Servanda to bow out?
(Juta Law Publishing, 2011-01)Clauses in restraint of trade in employment contracts still lag behind in respect of protection afforded to employees. There is no legislation regulating these agreements and the unequal bargaining position of employees ...
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Should teachers have the right to strike? The expedience of declaring the education sector an essential service
(Juta Law Publishing, 2013-01)Concern about the impact of teachers' strikes on the right of children to basic education has led to calls that education should be designated an essential service. The authors argue that this is not feasible as it is not ...
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A comparative perspective on the application of domestic labour legislation in international employment disputes
(Juta Law Publishing, 2013-01)An analysis of different methods of dealing with the application of domestic legislation in international employment disputes in the chosen jurisdictions indicates that two broad approaches are followed, namely a private ...
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Extending coverage of the unemployment insurance-system in South Africa
(Juta Law Publishing, 2010-02)The scope of the Unemployment Insurance Act (UIA) is narrow as it continues to exclude the atypically employed (particularly independent contractors, so-called dependent contractors and those who are self-employed or ...
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Ensuring contractual fairness in consumer contracts after Barkhuizen v Napier 2007 5 SA 323 (CC) - part 2
(Juta Law Publishing, 2009-02)Barkhuizen v Napier 2007 5 SA 323 (CC) has important implications for insurance law, contract law in general, and an understanding of the interface between private common law and the Bill of Rights. In this matter an ...
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Excess "other insurance" clauses : to contribute or subrogate? [Discussion of Samancor Ltd v Mutual & Federal Insurance Co Ltd 2005 4 SA 40 (SCA)]
(Juta Law Publishing, 2009-02)Insurers typically insert "other insurance" clauses in order to specify how their policies should interact with other policies covering the same risk. This enables insurers to avoid situations of double insurance and, ...
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The liability of employers for the harassment of employees by non-employees
(Juta Law Publishing, 2009-03)Employees who suffer work-related harassment by non-employees in circumstances in which the employer does not protect them can neither institute action against their employer on the basis of vicarious liability, nor in ...
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Ensuring contractual fairness in consumer contracts after Barkhuizen v Napier 2007 5 SA 323 (CC) – Part 1
(Juta Law Publishing, 2008-03)Barkhuizen v Napier 2007 5 SA 323 (CC) has important implications for insurance law, contract law in general, and an understanding of the interface between private common law and the Bill of Rights. In this matter an ...
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Commissioner, South Afrikan Revenue Service v Brummeria Renaissance (PTY) LTD and others: does the judgement benefit an understanding of the concept "amount"
(Juta Law Publishing, 2008-01)INSTRODUCTION: It has been said that the decision by the Supreme Court of Appeal (SCA) in Commissioner, South African Revenue Service v Brummeria Renaissance (Pty) Ltd is the most important tax case decided in the past ...
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Deductibility of royalties: a recent case that ruffled feathers [Discussion of the judgment of Waglay J in case number 11454 in the tax court]
(Juta Law Publishing, 2006-01)INTRODUCTION: The Tax Court, sitting in Cape Town, recently had occasion to consider the deductibility of royalty payments.1 In general it may be said that royalties are payments for the use of another’s intellectual ...
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The cloning of credit cards: the Dolly of the electronic era
(Juta Law Publishing, 2007-02)INTRODUCTION: The long-awaited and much-anticipated EMV (Europay, Mastercard and Visa) system aimed at combating credit and debit card fraud has recently been launched by ABSA. VISA branded debit cards will contain a ...
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Share value shifting: a comparison between the anti-avoidance provisions in South African and Australian tax legislation
(Juta Law Publishing, 2007-02)INTRODUCTION: For as long as countries have imposed capital gains tax (CGT), taxpayers have been looking for ways of transferring economic value without becoming liable to pay it. Since CGT is usually triggered by the ...
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Migrant workers and the right to social security: an international perspective
(Juta Law Publishing, 2007-02)INTRODUCTION: An estimated 175 million people, nearly three percent of the world’s population, are international migrants. This figure includes refugees, displaced persons, stateless persons, and (important for the ...
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The close connection test for vicarious liability
(Juta Law Publishing, 2007-01)The requirements for the vicarious liability of an employer are threefold : an employment relationship, the commission of a delict, and that the delict must have been committed within the scope (sometimes course and scope) ...
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Exploring the South African tax consequences of a residential property lottery
(AOSIS Publishing, 2018)Background: Disposing of a residential property by way of a lottery sounds peculiar, but a number of these transactions relating to residential properties in South Africa have recently taken place. As this is not an ordinary ...
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The purpose and functionality of legislation regarding skills development within the formal sector viewed against the background of the historical causes of the skills deficit in South Africa
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT: More than 20 years after South Africa’s democratic transition, and amid slow economic growth, the government faces increasing political pressure to demonstrate progress on socio-economic transformation. ...
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The integration of work and parenting: a comparative legal analysis
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : Given the importance of parental care to children, parents and broader society and the apparent conflict between work and adequate parental care, this study evaluates the legal facilitation of the ...
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A critical analysis of the legal environment in respect of the private equity industry in South Africa
(Stellenbosch : Stellenbosch University, 2018-03)ENGLISH ABSTRACT : This dissertation aims to answer a fundamental question relating to the South African legal and economic framework in which private equity operates. This being: To what extent does the law address/regulate ...
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IP : politics and beyond
(2017-09)INTRODUCTION: As this lecture also serves as this year’s Annual IP lecture of the Anton Mostert Chair of Intellectual Property Law (the “Chair”), I have decided to speak about an aspect of my role as the Chair — or what ...
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The impact of climate change law on the principle of state sovereignty over natural resources
(Stellenbosch : Stellenbosch University, 2017-03)ENGLISH ABSTRACT : This dissertation serves to expand the means within international law by which to address the global interdisciplinary crisis that is climate change. The principle of sovereignty over natural resources ...
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Determining the residence of a trust : a South African income tax perspective
(Stellenbosch : Stellenbosch University, 2013-12)ENGLISH ABSTRACT: In the tapestry of history the subjects of trusts and taxes are frequently interwoven. Owing to such frequent interaction, one may assume that all signifcant aspects regarding the taxation of trusts have ...
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Constitutional analysis of intellectual property
(2014)This article analyses the Constitutional Court's treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) of ...
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The Employment Equity Act, 1998 (and other myths about the pursuit of equality, equity and dignity in post-apartheid South Africa) (Part 1)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ...
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