A critical analysis of the criminal liability of a parent company for the human rights violations of its subsidiary
- Authors: Chitima, Gloria Chipo
- Subjects: South Africa. Constitution of the Republic of South Africa, 1996 , Constitutional law - South Africa , Criminal law - South Africa , South Africa. Bill of Rights , Corporation law - South Africa , Criminal liability of juristic persons - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/90191 , uj:19944
- Description: Abstract:Whilst corporate activities have many advantages, the fact that there may be adverse violations of human rights associated with it cannot be ignored. The Constitution of South Africa of 1996 has enshrined human rights in the Bill of rights and every natural and juristic person must respect those rights. However a significant question arises concerning the responsibility parent companies have for their subsidiaries. Our Criminal Procedure Act 51 of 1977 which does not recognise parent and subsidiary relationships has contributed greatly to parent companies being able to be absolved from responsibility for the actions of their subsidiaries. The main aim of this dissertation is to come up with solutions to fill the gap of corporate criminal liability that has been created by our legislatures. Contributing to this gap has been the principles of limited liability and separate personality which have led to a situation where the parent companies have become difficult to hold accountable. However this dissertation will demonstrate that there are approaches that could be developed to circumvent the principles and hold the parent company criminally liable. , LL.M.(Corporate Law)
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- Authors: Chitima, Gloria Chipo
- Subjects: South Africa. Constitution of the Republic of South Africa, 1996 , Constitutional law - South Africa , Criminal law - South Africa , South Africa. Bill of Rights , Corporation law - South Africa , Criminal liability of juristic persons - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/90191 , uj:19944
- Description: Abstract:Whilst corporate activities have many advantages, the fact that there may be adverse violations of human rights associated with it cannot be ignored. The Constitution of South Africa of 1996 has enshrined human rights in the Bill of rights and every natural and juristic person must respect those rights. However a significant question arises concerning the responsibility parent companies have for their subsidiaries. Our Criminal Procedure Act 51 of 1977 which does not recognise parent and subsidiary relationships has contributed greatly to parent companies being able to be absolved from responsibility for the actions of their subsidiaries. The main aim of this dissertation is to come up with solutions to fill the gap of corporate criminal liability that has been created by our legislatures. Contributing to this gap has been the principles of limited liability and separate personality which have led to a situation where the parent companies have become difficult to hold accountable. However this dissertation will demonstrate that there are approaches that could be developed to circumvent the principles and hold the parent company criminally liable. , LL.M.(Corporate Law)
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An analysis of whether factory farming is reasonable in terms of Section 24 of the Constitution of South Africa
- Authors: De La Guerre, Nastassja
- Date: 2017
- Subjects: Constitutional law - South Africa , South Africa. Constitution of the Republic of South Africa, 1996 , Livestock
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/270860 , uj:28797
- Description: LL.M. , Abstract: Section 24 of the Constitution of the Republic of South Africa, 1996 provides the constitutional framework for ensuring the continued healthy existence of human beings and the environment at large. Animal agriculture has a significant impact of human health and well-being, as animals form part of certain people’s nutritional in take by either consuming animals directly through their meat or animal products like milk or eggs. Animal agriculture also has a major environmental impact. Animal agriculture will likely not be able to keep up with increased demands caused by a growing human population, which might cause certain practices like factory farming to emerge which could have serious negative impacts on the health and well-being of people as well as the environment at large. Due to intensification, factory farms often cause severe impacts on the environment, with little to no regard being paid to the welfare of factory farm animals or the health and well-being of people. This dissertation will analyse how factory farming causes various forms of pollution due to waste, which negatively affects human health and well-being which is protected in terms of section 24. The legislative and other measures that are currently in place will be analysed to show that these are not reasonable; which is contrary to the requirements of section 24. Finally, recommendations will be made on how section 24 could be used to effectively regulate animal agricultural practices to ensure a healthy environment.
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- Authors: De La Guerre, Nastassja
- Date: 2017
- Subjects: Constitutional law - South Africa , South Africa. Constitution of the Republic of South Africa, 1996 , Livestock
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/270860 , uj:28797
- Description: LL.M. , Abstract: Section 24 of the Constitution of the Republic of South Africa, 1996 provides the constitutional framework for ensuring the continued healthy existence of human beings and the environment at large. Animal agriculture has a significant impact of human health and well-being, as animals form part of certain people’s nutritional in take by either consuming animals directly through their meat or animal products like milk or eggs. Animal agriculture also has a major environmental impact. Animal agriculture will likely not be able to keep up with increased demands caused by a growing human population, which might cause certain practices like factory farming to emerge which could have serious negative impacts on the health and well-being of people as well as the environment at large. Due to intensification, factory farms often cause severe impacts on the environment, with little to no regard being paid to the welfare of factory farm animals or the health and well-being of people. This dissertation will analyse how factory farming causes various forms of pollution due to waste, which negatively affects human health and well-being which is protected in terms of section 24. The legislative and other measures that are currently in place will be analysed to show that these are not reasonable; which is contrary to the requirements of section 24. Finally, recommendations will be made on how section 24 could be used to effectively regulate animal agricultural practices to ensure a healthy environment.
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Implementation of section 100 of the Constitution of 1996 intervention in Limpopo Province
- Authors: Monyepao, T.T.
- Date: 2017
- Subjects: Limpopo (South Africa). Legislature , South Africa. Constitution of the Republic of South Africa, 1996
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/246316 , uj:25531
- Description: M.A. , Abstract: South Africa has a well-documented history of intervening in provincial and local spheres of government in terms of Section 139 (if provincial or national government intervenes in municipalities) or Section 100 of the South African Constitution (1996) (if the national government intervenes in the running of a provincial government). As early as 18 March 1998, barely four years into a democratic dispensation and just under two years after the adoption of the 1996 Constitution, a number of crises (financial crises, political in-fighting, corruption, maladministration, etc.) forced the Eastern Cape Provincial Government to take full control of the running of the Butterworth Municipality from the Butterworth Transitional Local Council under Section 139 of the Constitution. Since then, a number of municipalities have been placed under administration and “by November 2010, 21 (8%) municipalities were under Section 139, whereas at 30 June 2011 a total of 22 municipalities were under Section 139 interventions” (Uwizeyimana 2014:87). Many provincial departments such as the Eastern Cape Department of Education, the Department of Provincial Treasury, and the Department of Police, Roads and Transport in the Free State, as well as the Department of Health in Gauteng have been placed under Section 100 in recent years for various reasons and there is ample evidence to suggest that many more municipalities and provincial governments will be placed under administration in the future. There is no single public institution in South Africa which is immune to national government intervention in terms of Section 100 or Section 139 of the Constitution. Despite this long history of placing different public institutions under administration in South Africa, little, if any, systematic research has been conducted to determine whether these interventions have actually yielded the desired results and to document the success or failure factors that could improve future interventions in South Africa and to inform policy makers. This study seeks to assess the extent to which the implementation of the Section 100(1)(b) intervention improved the challenges that led to the Limpopo Provincial Government being placed under administration by the national government between 2011 and 2015, in order to recommend strategies that could be used to improve future interventions of this kind in South Africa. The study begins with a historical background of how and why the Limpopo Provincial Government was placed under administration by the national government under Section 100(1)(b) of the Constitution. The study also explains why the intervention which took place...
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- Authors: Monyepao, T.T.
- Date: 2017
- Subjects: Limpopo (South Africa). Legislature , South Africa. Constitution of the Republic of South Africa, 1996
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/246316 , uj:25531
- Description: M.A. , Abstract: South Africa has a well-documented history of intervening in provincial and local spheres of government in terms of Section 139 (if provincial or national government intervenes in municipalities) or Section 100 of the South African Constitution (1996) (if the national government intervenes in the running of a provincial government). As early as 18 March 1998, barely four years into a democratic dispensation and just under two years after the adoption of the 1996 Constitution, a number of crises (financial crises, political in-fighting, corruption, maladministration, etc.) forced the Eastern Cape Provincial Government to take full control of the running of the Butterworth Municipality from the Butterworth Transitional Local Council under Section 139 of the Constitution. Since then, a number of municipalities have been placed under administration and “by November 2010, 21 (8%) municipalities were under Section 139, whereas at 30 June 2011 a total of 22 municipalities were under Section 139 interventions” (Uwizeyimana 2014:87). Many provincial departments such as the Eastern Cape Department of Education, the Department of Provincial Treasury, and the Department of Police, Roads and Transport in the Free State, as well as the Department of Health in Gauteng have been placed under Section 100 in recent years for various reasons and there is ample evidence to suggest that many more municipalities and provincial governments will be placed under administration in the future. There is no single public institution in South Africa which is immune to national government intervention in terms of Section 100 or Section 139 of the Constitution. Despite this long history of placing different public institutions under administration in South Africa, little, if any, systematic research has been conducted to determine whether these interventions have actually yielded the desired results and to document the success or failure factors that could improve future interventions in South Africa and to inform policy makers. This study seeks to assess the extent to which the implementation of the Section 100(1)(b) intervention improved the challenges that led to the Limpopo Provincial Government being placed under administration by the national government between 2011 and 2015, in order to recommend strategies that could be used to improve future interventions of this kind in South Africa. The study begins with a historical background of how and why the Limpopo Provincial Government was placed under administration by the national government under Section 100(1)(b) of the Constitution. The study also explains why the intervention which took place...
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The impact of Section 34 of the Constitution of the Republic of South Africa, 1996 on banking law
- Authors: Ngwenyama, Lerato Rudolph
- Date: 2016
- Subjects: South Africa. Constitution of the Republic of South Africa, 1996 , Banks and banking - South Africa , Banking law - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/124444 , uj:20918
- Description: Abstract: The dissertation explores the impact of section 34 of the constitution of the Republic of South Africa, 1996 on certain aspects of banking law. During parliamentary sovereignty, the parliament and the executive could enact legislation ousting the jurisdiction of courts to adjudicate public-administration matters. However, the constitution in section 34 has brought changes to our banking law by compelling the alteration of established statutory or common law legal principles. The impact brought by section 34 of the constitution on banking law is explored by paying special focus to the law in potential conflict with section 34 of the constitution to see how the courts have addressed the issue of non-compliance with section 34 of the constitution. The law in potential conflict with section 34 of the constitution relates to mainly to manners in which courts could be by-passed by banks in the protection of their interests. Against this background this dissertation discusses and analyses case law in this regard which has contributed towards the development of both our common law and statutory law some of which was in conflict with section 34 of the constitution by limiting unfairly the right of access to court guaranteed by section 34 of the constitution. The following five topics are dealt with specifically: section 38(2) of the Northwest Agricultural Bank Act 14 of 1981; sections 34(3) (b) to (7), (9) and (10) and 55(2) (b) to (d) of the Land Bank Act 13 of 1944; Perfecting clauses in notarial bonds of movables without court intervention; Rule 8 of the Uniform Rules of the High Court; and section 2 of the Vexatious Proceedings Act 3 of 1956. , LL.M. (Commercial Law)
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- Authors: Ngwenyama, Lerato Rudolph
- Date: 2016
- Subjects: South Africa. Constitution of the Republic of South Africa, 1996 , Banks and banking - South Africa , Banking law - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/124444 , uj:20918
- Description: Abstract: The dissertation explores the impact of section 34 of the constitution of the Republic of South Africa, 1996 on certain aspects of banking law. During parliamentary sovereignty, the parliament and the executive could enact legislation ousting the jurisdiction of courts to adjudicate public-administration matters. However, the constitution in section 34 has brought changes to our banking law by compelling the alteration of established statutory or common law legal principles. The impact brought by section 34 of the constitution on banking law is explored by paying special focus to the law in potential conflict with section 34 of the constitution to see how the courts have addressed the issue of non-compliance with section 34 of the constitution. The law in potential conflict with section 34 of the constitution relates to mainly to manners in which courts could be by-passed by banks in the protection of their interests. Against this background this dissertation discusses and analyses case law in this regard which has contributed towards the development of both our common law and statutory law some of which was in conflict with section 34 of the constitution by limiting unfairly the right of access to court guaranteed by section 34 of the constitution. The following five topics are dealt with specifically: section 38(2) of the Northwest Agricultural Bank Act 14 of 1981; sections 34(3) (b) to (7), (9) and (10) and 55(2) (b) to (d) of the Land Bank Act 13 of 1944; Perfecting clauses in notarial bonds of movables without court intervention; Rule 8 of the Uniform Rules of the High Court; and section 2 of the Vexatious Proceedings Act 3 of 1956. , LL.M. (Commercial Law)
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The language policy of South Africa as laid down by the constitution and the marginalisation of Tshivenda
- Authors: Tshigabe, Aluimelwi John.
- Date: 2012-08-08
- Subjects: South Africa. Constitution of the Republic of South Africa, 1996 , Language policy - South Africa , Marginality, Social - South Africa , Language planning -- South Africa , Venda language - South Africa
- Type: Thesis
- Identifier: uj:8982 , http://hdl.handle.net/10210/5451
- Description: M.A. , The most important thing in engaging myself in this research was to try and find out how Tshivenda is valued by the State, Private Enterprise, other language groups as well as by Vhavenda people themselves. The researcher came to a conclusion that Tshivenda is being marginalized. The Constitution of South Africa of 1996 is not being interpreted the way it should be. There is a need to put Tshivenda on an equal footing with the other ten official languages.
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- Authors: Tshigabe, Aluimelwi John.
- Date: 2012-08-08
- Subjects: South Africa. Constitution of the Republic of South Africa, 1996 , Language policy - South Africa , Marginality, Social - South Africa , Language planning -- South Africa , Venda language - South Africa
- Type: Thesis
- Identifier: uj:8982 , http://hdl.handle.net/10210/5451
- Description: M.A. , The most important thing in engaging myself in this research was to try and find out how Tshivenda is valued by the State, Private Enterprise, other language groups as well as by Vhavenda people themselves. The researcher came to a conclusion that Tshivenda is being marginalized. The Constitution of South Africa of 1996 is not being interpreted the way it should be. There is a need to put Tshivenda on an equal footing with the other ten official languages.
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