A critical examination of the regulation of fixed term employment services under South African Labour Laws
- Authors: Faku, Xolisa
- Date: 2018
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/17316 , vital:40937
- Description: South Africa is the most unequal society on the planet, overwhelming Brazil, with a critical increment in wage inequalities. In a quest to reduce unemployment, this research is at the focal point of our nation's activity emergency. In any case, there ought to be components to ensure representation against oppressive work rehearses. The Labour Relations Act denoted a noteworthy change in South Africa's statutory modern relations framework. Following the progress to political majority rule government, the LRA embodied the new government's means to remake and democratize the economy and society as connected in the work relations field. Specifically, it presented new organizations went for giving managers and labourers a chance to break with the serious adversarialism that portrayed their relations before. In extending the equitable change, the Labour Relations Act which offered ascend to the foundation of the National Economic Development and Labour Council (NEDLAC) appeared on 18 February 1995, in an offer to add authenticity and straightforwardness to the financial basic leadership process. This research will investigate the law representing fixed term employment in South Africa. It will further give an investigation of the legitimate framework of fixed term representative keeping in mind the end goal to decide if it advances not too bad work in South Africa. This investigation intends to call attention to any substantive and procedural imperfections that might be accessible in the law. The study will likewise be taking the potential lessons which can be gained from different nations with comparative Fixed-term work challenges i.e. Namibia. This implies the examination will survey the current zone of law and propose an alternate approach. This will be finished by investigating important case law and enactments which secure settled term business. In certainty, the investigation intends to give new point of view regarding the matter of fixed term work and proffer a few changes to the law.
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- Authors: Faku, Xolisa
- Date: 2018
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/17316 , vital:40937
- Description: South Africa is the most unequal society on the planet, overwhelming Brazil, with a critical increment in wage inequalities. In a quest to reduce unemployment, this research is at the focal point of our nation's activity emergency. In any case, there ought to be components to ensure representation against oppressive work rehearses. The Labour Relations Act denoted a noteworthy change in South Africa's statutory modern relations framework. Following the progress to political majority rule government, the LRA embodied the new government's means to remake and democratize the economy and society as connected in the work relations field. Specifically, it presented new organizations went for giving managers and labourers a chance to break with the serious adversarialism that portrayed their relations before. In extending the equitable change, the Labour Relations Act which offered ascend to the foundation of the National Economic Development and Labour Council (NEDLAC) appeared on 18 February 1995, in an offer to add authenticity and straightforwardness to the financial basic leadership process. This research will investigate the law representing fixed term employment in South Africa. It will further give an investigation of the legitimate framework of fixed term representative keeping in mind the end goal to decide if it advances not too bad work in South Africa. This investigation intends to call attention to any substantive and procedural imperfections that might be accessible in the law. The study will likewise be taking the potential lessons which can be gained from different nations with comparative Fixed-term work challenges i.e. Namibia. This implies the examination will survey the current zone of law and propose an alternate approach. This will be finished by investigating important case law and enactments which secure settled term business. In certainty, the investigation intends to give new point of view regarding the matter of fixed term work and proffer a few changes to the law.
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A review of five international forensic reports : fingerprint evidence lessons for South African lawyers
- Authors: Chiwara, Mercy
- Date: 2018
- Subjects: Fingerprints Criminal investigation Forensic sciences
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/10918 , vital:35963
- Description: For more than a century fingerprint evidence has been used as a tool for the forensic identification of offenders, and has generally been accepted without being tested, challenged or scrutinized because the courts were convinced that no prints look alike or are the same. Fingerprint evidence has been used and accepted on the basis that each person’s friction ridges are unique, that the ridges are permanent and can be transferred to a surface. However, the transferability of the uniqueness raises issues that are very significant in relation to the reliability of fingerprint evidence because only a partial impression is typically transferred. Furthermore, the print can be distorted as a result of pressure and this inevitably affects the impression. Nevertheless, in recent and authoritative Reports from the United States and Scotland, criticisms are being raised against fingerprint evidence. These challenges include the fact that to date there has not been a study to validate the reliability of fingerprint individualisation, the fact that there is no specific requirement with regard as to how much constant or uniform detail between latent print and known print suffices to reach a decision of identification and the fact that there are no objective standards coupled with the problem that there is a lack of scientific validity of the method used for comparisons. This study reviews the law relating to fingerprint evidence in the light of the reports produced by the Office of the Inspector General, United States Department of Justice, Reviewing the Mayfield Case (US) in 2006, the National Academy of Sciences (US) Report in 2009, the Fingerprint Inquiry Report by Lord Campbell in Scotland in 2011, the National Institute of Standards and Technology and National Institute of Justice (US) Report in 2012, and the President’s Council of Advisors on Science and Technology Report (US) in 2016, so as to establish lessons for South African lawyers in as far as reliability, weight and admissibility of fingerprint evidence is concerned. Finally, this study concludes that South Africa’s norm of accepting fingerprint evidence as unquestionable is problematic in law and in science and that there is a need for reform regarding the manner in which fingerprint evidence is evaluated by the courts.
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- Authors: Chiwara, Mercy
- Date: 2018
- Subjects: Fingerprints Criminal investigation Forensic sciences
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/10918 , vital:35963
- Description: For more than a century fingerprint evidence has been used as a tool for the forensic identification of offenders, and has generally been accepted without being tested, challenged or scrutinized because the courts were convinced that no prints look alike or are the same. Fingerprint evidence has been used and accepted on the basis that each person’s friction ridges are unique, that the ridges are permanent and can be transferred to a surface. However, the transferability of the uniqueness raises issues that are very significant in relation to the reliability of fingerprint evidence because only a partial impression is typically transferred. Furthermore, the print can be distorted as a result of pressure and this inevitably affects the impression. Nevertheless, in recent and authoritative Reports from the United States and Scotland, criticisms are being raised against fingerprint evidence. These challenges include the fact that to date there has not been a study to validate the reliability of fingerprint individualisation, the fact that there is no specific requirement with regard as to how much constant or uniform detail between latent print and known print suffices to reach a decision of identification and the fact that there are no objective standards coupled with the problem that there is a lack of scientific validity of the method used for comparisons. This study reviews the law relating to fingerprint evidence in the light of the reports produced by the Office of the Inspector General, United States Department of Justice, Reviewing the Mayfield Case (US) in 2006, the National Academy of Sciences (US) Report in 2009, the Fingerprint Inquiry Report by Lord Campbell in Scotland in 2011, the National Institute of Standards and Technology and National Institute of Justice (US) Report in 2012, and the President’s Council of Advisors on Science and Technology Report (US) in 2016, so as to establish lessons for South African lawyers in as far as reliability, weight and admissibility of fingerprint evidence is concerned. Finally, this study concludes that South Africa’s norm of accepting fingerprint evidence as unquestionable is problematic in law and in science and that there is a need for reform regarding the manner in which fingerprint evidence is evaluated by the courts.
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The scope of environmental protection under the legal framework of the World Trade Organisation : an evaluation of the issues and implications for developing countries
- Authors: Umenze, Nnamdi Stanislaus
- Date: 2018
- Subjects: Environmental protection -- Developing countries Environmental law -- Developing countries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/10802 , vital:35762
- Description: Over the years, the extent to which the legal framework of the World Trade Organisation (WTO) makes provision for environmental protection has been a major issue within the organisation. While trade liberalisation and environmental protection are fundamental objectives of the WTO to be pursued in line with the sustainable development goals as enshrined in the Preamble of the Marrakesh Agreement, the organisation does not have a specific agreement on the environment. Moreover, efforts by the member states of the WTO to reform the environmental protection regime of the global trading system have achieved little. Nevertheless, under the current legal framework of the WTO, members are allowed, subject to a number of conditions, to adopt trade-related measures aimed at protecting the environment. Employing documentary research methodology, this study critically evaluates the relationship between trade and the environment, the provisions made for environmental protection in selected WTO agreements and the extent to which trade-related environmental protection measures are permissible under the legal framework of the WTO. It also evaluates the implications of unilateral and the Multilateral Environmental Agreements (MEA)-based environmental trade measures as well as the possibility of a clash of policy objectives between the WTO Agreements and the MEAs, given that some of the MEAs contain environmental trade measures prohibited by the WTO free trade rules. The findings made in this study suggest that states generally prefer to enforce unilateral environmental trade measures against foreign goods. This has allowed states, in some instances, to hide under the guise of environmental protection to pursue protectionist’s interests, eco-imperialism, etc., leading to the trade and environment-related disputes at the WTO. Moreover, the WTO is made up of member states that are at different levels of development and possess different environmental protection standards. Hence, there is concern from developing countries, on the one hand, that their economic interests are being frustrated by the stringent application of unilateral environmental trade measures in the developed countries, and, on the other hand, that the environmental burden of international trade is being shifted to the developing countries as the developed countries tighten their environmental standards. The study concludes that the environmental protection regime of the WTO as it stands is not adequate to guarantee the balance of trade and environmental protection objectives as well as the balance of interests between the developed and developing countries. The study, therefore, recommends reform in the environmental protection regime of the WTO to ensure that the environmental protection measures are adequately provided for and that balance of interests between the developed and developing countries is maintained in order to ensure sustainable global trade. It further recommends that a mutually reinforcing relationship should be established between the WTO and the MEAs to avoid a possible clash of policy objectives.
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- Authors: Umenze, Nnamdi Stanislaus
- Date: 2018
- Subjects: Environmental protection -- Developing countries Environmental law -- Developing countries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/10802 , vital:35762
- Description: Over the years, the extent to which the legal framework of the World Trade Organisation (WTO) makes provision for environmental protection has been a major issue within the organisation. While trade liberalisation and environmental protection are fundamental objectives of the WTO to be pursued in line with the sustainable development goals as enshrined in the Preamble of the Marrakesh Agreement, the organisation does not have a specific agreement on the environment. Moreover, efforts by the member states of the WTO to reform the environmental protection regime of the global trading system have achieved little. Nevertheless, under the current legal framework of the WTO, members are allowed, subject to a number of conditions, to adopt trade-related measures aimed at protecting the environment. Employing documentary research methodology, this study critically evaluates the relationship between trade and the environment, the provisions made for environmental protection in selected WTO agreements and the extent to which trade-related environmental protection measures are permissible under the legal framework of the WTO. It also evaluates the implications of unilateral and the Multilateral Environmental Agreements (MEA)-based environmental trade measures as well as the possibility of a clash of policy objectives between the WTO Agreements and the MEAs, given that some of the MEAs contain environmental trade measures prohibited by the WTO free trade rules. The findings made in this study suggest that states generally prefer to enforce unilateral environmental trade measures against foreign goods. This has allowed states, in some instances, to hide under the guise of environmental protection to pursue protectionist’s interests, eco-imperialism, etc., leading to the trade and environment-related disputes at the WTO. Moreover, the WTO is made up of member states that are at different levels of development and possess different environmental protection standards. Hence, there is concern from developing countries, on the one hand, that their economic interests are being frustrated by the stringent application of unilateral environmental trade measures in the developed countries, and, on the other hand, that the environmental burden of international trade is being shifted to the developing countries as the developed countries tighten their environmental standards. The study concludes that the environmental protection regime of the WTO as it stands is not adequate to guarantee the balance of trade and environmental protection objectives as well as the balance of interests between the developed and developing countries. The study, therefore, recommends reform in the environmental protection regime of the WTO to ensure that the environmental protection measures are adequately provided for and that balance of interests between the developed and developing countries is maintained in order to ensure sustainable global trade. It further recommends that a mutually reinforcing relationship should be established between the WTO and the MEAs to avoid a possible clash of policy objectives.
- Full Text:
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