Research Articles (Mercantile Law)
Recent Submissions
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Hyperlinking and copyright
(Juta, 2022-03-01) -
The job security of employees of financially distressed companies
(Juta, 2022-02-13) -
The intersection of Public Procurement Law and Policy, and International Investment Law
(Transnational Corporations Journal, 2020-09-14)There is substantial scholarship on the limitations that international investment agreements (IIAs) place on States’ authority to regulate in the public interest. An area of fundamental importance that has not received ... -
Multidimensionality of Sustainable Public Procurement (SPP) - exploring concepts and effects in Sub-Saharan Africa and Europe
(MDPI, 2019-11-12)Strategic objectives in public procurement, such as environmental or social considerations, are being increasingly referred to under the umbrella term of sustainable public procurement (SPP). The concept of sustainability ... -
May an employer dismiss an employee if the disciplinary chair imposed a lesser sanction? South African Revenue Service v Commission for Conciliation Mediation and Arbitration 2017 38 ILJ 97 (CC)
(Juta Law Publishing, 2019)In South African Revenue Services v Commission for Conciliation, Mediation & Arbitration, Kruger, the employee, called his superior a “kaffir” on more than one occasion. The employer unilaterally dismissed the employee ... -
Double taxation treaty interpretation : lessons from a case down under
(Academy of Science of South Africa, 2020-12-08)In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain companies ... -
Die uitsluiting van middellike aanspreeklikheid van werkgewers in vrywaringsklousules
(LitNet, 2021)In hierdie artikel word aan die hand gedoen dat vrywaringsklousules wat middellike aanspreeklikheid van ’n werkgewer uitsluit, in sekere omstandighede as teen die openbare beleid gesien kan word. Sedert 1999 het buitelandse ... -
Affirmative” (measures in) action? revising the lawfulness of racial quotas (in South African (professional) team sports)
(University of Pretoria, 2019)This contribution critically examines the lawfulness of the use of race quotas in the selection of South African (professional) sports teams. These quotas purportedly function as affirmative action measures, and their ... -
The challenging relationship between contemporary art and copyright
(Juta Law, 2019)This article seeks to address the current wording of the definition of ‘artistic work’ in the Copyright Act 98 of 1978. It is argued that such wording has failed to aid courts in interpreting it in a way that allows for a ... -
Sexual harassment : why do victims so often resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)
(ASSAf, 2019-01-28)This article endeavours to find answers to the question of why the victims of sexual harassment often resign after the harassment, while the perpetrator continues working, and suggests how some of the human cost to victims ... -
Standing on unsteady ground : AREVA NP Incorporated in France v Eskom SOC LTD
(ASSAf, 2019-03-18)Areva NP Incorporated in France v Eskom Holdings SOC Ltd 2017 6 BCLR 675 (CC) was a dispute over a multi-billion-rand tender. Although the majority of the Constitutional Court recognised the public importance of the case, ... -
The duty of care and skill, and reckless trading : remedies in flux
(SA Mercantile Law JournalJuta and Company, 2016-06)In terms of South African common law, directors of companies have two duties. First is fiduciary duties, which do not require fault for liability (a form of strict liability). Second is the duty of care and skill, which ... -
Kuwait Asia Bank EC v National Mutual Life Nominees Ltd revisited : the possible vicarious liability of a holding company for the delicts caused by its nominee directors on the board of its subsidiary
(Juta Law, 2019-01)In Kuwait Asia Bank EC v National Mutual Life Nominees Ltd is beslis dat ’n houermaatskappy nie middellik aanspreeklik gehou kan word vir die deliktuele skade, wat sy genomineerde direkteur (wat ’n werknemer van die houer ... -
Hockly's insolvency law : book review
(Juta and Company, 2003-01)Insolvency has long been treated as the stepchild of commercial legislation. The current Insolvency Act stems from 1936. There are only a few (current) text books on the topic. The book under review is the seventh ... -
The role of reputation in trade mark infringement
(Juta Law, 2018)The recent decision of the supreme court of appeal in PepsiCo v Atlantic Industries illustrates our courts’ failure to properly engage with the issue of the reputation of a trade mark in the assessment of whether there ... -
The application and interpretation by South African courts of general renvoi clauses in South African double taxation agreements
(North-West University, Faculty of Law, 2019-11-15)General renvoi clauses in DTAs based on article 3(2) of the OECD MTC provide that an undefined term in a DTA shall have the meaning that it has in the domestic law of the contracting state applying the DTA unless the context ... -
Employment discrimination law into the future
(Juta Law, 2018)Important amendments to the Employment Equity Act 55 of 1998 (“EEA”) were introduced in 2014, notably conferring jurisdiction on the Commission for Conciliation, Mediation and Arbitration in employment discrimination cases, ... -
The taxation of trusts in SADC member States
(Juta Law, 2018)Many Southern African Development Community (“SADC”) member states use trusts and they have proved to be very popular in some of these states. This article examines the way in which income acquired by a trust is taxed in ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of fair dealing in the Common Law Contract of Employment (Part 3)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ... -
The Common Law is not what it used to be : revisiting recognition of a constitutionally-inspired implied duty of fair dealing in the Common Law Contract of Employment (Part 2)
(North-West University, Faculty of Law, 2018)This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of ...
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