Import licensing regulation within the WTO: a case study of the dispute between Zimbabwe and South Africa over the Control of Goods (Open General Import Licence) Notice of 2016 (Statutory Instrument 64)
- Authors: Kamunjoma, Charles https://orcid.org/0000-0002-1930-4341
- Date: 2018
- Subjects: Import quotas , Customs unions , Africa, Southern -- Economic integration
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/27854 , vital:70097
- Description: Over the years, Zimbabwe has arbitrarily enforced trade restrictive measures including mandatory inspections on certain products, duty increases, surtaxes and import permits on basic products such as cooking oil. The measures have been allegedly targeting goods from South Africa. Amongst the most recent restrictive measures imposed by Zimbabwe is SI 64 of 2016 that now operates as SI 122 of 2017. In response to SI 64, for the first time, South Africa threatened retaliation. As a result, there is visible trade tension between Zimbabwe and South Africa. With the absence of an effective dispute settlement mechanism within SADC, or most African Regional Economic Communities RECs for that matter, a WTO approach to the issue will provide valuable insights on how else South Africa (and other African countries) can deal with cross-border trade problems such as the ones posed by SI 64. , Thesis (LLM) -- Faculty of Law, 2018
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Towards unmasking the true employee in South Africa’s contemporary work environment: the perennial problem of labour law
- Authors: Maloka, Tumo Charles
- Date: 2018
- Subjects: Labor laws and legislation
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: http://hdl.handle.net/10353/16874 , vital:40781
- Description: The enormously intricate task of unmasking the true employee in contemporary work environment reveals the dilemmas and complexities embedded in the beguilingly simple but intractable question: who is an employee? The hallmarks of a true employee are shaded in modern work environment given that the actual differences between the categories of “employee” and “independent contractor” are diminishing. The conception of self-employment that links being self-employed inextricably with entrepreneurship, ownership, and autonomy has more to do with ideology than reality. In addressing the opacities of form engendered by “Work on demand via app” and the “Uberisation of work”, the study also attends to the significant and neglected component of labour law’s traditional dilemma. Put simply, how the law identifies an “employer” as a counterparty with an “employee”. Certain features of modern business organisation such as vertical disintegration of production, and their link to the rise of precarious employment underscore the extent to which the concept of employer plays a central role in defining the contours of labour protection. The problems of precarity are deep-seated, long-term and even escalating, especially in compelled and dependent self-employment. Re-appraisal South Africa’s black box of precarious self-employment through the lens of Canadian dependent contractor jurisprudence points to key limitations that should be addressed for a more robust and effective vision of labour regulation. If the definition of “employee” in section 213 of the Labour Relations Act 66 of 1995 is amended to redefine an “employee” to include a “dependent contractor”, this will represent a leap forward in tackling the interlinked problems of disguised employment and precarious self-employment. This statutory redefinition of the employee serves two purposes. First, the dependent contractor category solves the broader challenge for labour regulation of how to extend protection to persons who have some of the trappings of the independent contractor, but, in reality, are in a position of i ii economic dependence, resembling that of an employee. In essence, the intermediate category recognises that, as a matter of fairness persons in economic positions that are closely analogous should be given the same legislative treatment. The second purpose, and one no less important, is to fill in the missing piece of the puzzle in the judicially endorsed three-tiered SITA test for identifying employment relationship. If the dependent contractor category is adopted, the lacuna in the threefold SITA test that has so far escaped scholarly, judicial and legislative will be resolved. In this regard, the study contributes to a line of legal scholarship that has tracked the regulatory trajectory for reforming South Africa’s labour laws. It is hoped that this thesis will provoke a sustained, and more curious engagement with the complexities and capacities of labour regulation
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