IIEMSA

Permanent URI for this collection

http://10.253.9.46:4000/handle/11622/552

Browse

Now showing 1 - 12 of 12

An exploration into the supply chain challenges facing automotive components manufacturers i the Brits and surrounding industrial areas
(The IIE, 2025) Ramasunge, Reuben
Analysing South African law on animal rights and the prosecution of animal cruelty
(The IIE, 2022) Pretorius, Claudia Jessica
Cruelty towards animals have become an increasing concern in the last few years as numbers of animal cruelty and neglect have been rising. The law affords rights that protect animals against mistreatment and harm caused by both humans and environmental conditions. Legislation plays a vital role in ensuring that the welfare of animals is guaranteed. The two questions that arise here are whether South African legislation provides for the protection and wellbeing of animals and whether these rights are effectively enforced. The prosecution of animal cruelty is another crucial function of the law, along with the effective implementation of rights. Statistics of cruelty provides insight on the whether there has been an increase or decrease in recent animal cruelty cases. A recent statistic shows an average of 249 animal cruelty cases a month in South Africa.1 This indicates a very high number of cases which does not include cases of animal abuse that are not being reported. Not only have cats and dogs been subjected to abuse but the welfare of farm animals and animals held in captivity for the attraction of tourism have been scrutinised. The current conditions of animal welfare have become a concern for organisations such as the SPCA2 and the Animal Anti-Cruelty League (hereinafter referred to as AACL).
An analysis of piercing the corporate veil and striking a balance between the separate legal personality of a company in South Africa
(The IIE, 2022) Nunes, Micaela Monique
The foundation of company law rests on the principle of separate legal personality of companies.1 Separate legal personality means that a company has its own rights and liabilities distinct from those of its holders and controllers. Its holders and controllers, as a result, enjoy limited liability which means that they are not normally held responsible for the company’s debts.2 Separate legal personality can be seen as a “veil” which separates the company from its shareholders and directors.3 An exception to this principle is the doctrine of piercing the corporate veil which essentially involves the courts, in certain circumstances, ignoring the separate legal personality afforded to companies and holding directors/shareholders personally liable.4 The focus of this research report is to analyse this doctrine looking at its application in terms of legislation (namely: the Companies Act5) and in terms of the common law (as found in case law). This research report will also analyse how the courts have attempted to strike a balance between upholding the separate legal personality afforded to companies and piercing of the corporate veil. The following chapter is an introduction to the research report and, as such, it will set out the research objectives, research questions, problem statement and research methodology. This chapter will also provide an overview of the proposed content for each chapter and it will explain the delimitations and limitations of this research report.
The Constitutional Right to Life versus the Right to Dignity: A legal analysis of whether euthanasia should be legalised in South Africa
(The IIE, 2022) Ameer, Omayya
Euthanasia frees anyone suffering by enabling them to experience a gentle death.1 S v Makwanyane2 pointed out that ‘the Right to Life includes the Right to Dignity emphasizing that the Right to Life and the Right to Dignity are entwined.’3 Human dignity must support the Right to Life and should not be excluded.4 In euthanasia there is a clash as the Right to Life shield’s life and the Right to Dignity favours death of persons.5 My research will discover whether euthanasia should be legalised in South Africa when it uncovers which right will triumph between the Right the Life and the Right to Dignity regarding euthanasia. Euthanasia is frequently illegal but countries like the Netherlands, Canada and Belgium allows euthanasia meaning no prosecution happens if the doctor had followed specific procedures in law.6 The Constitution of the Republic of South Africa 1996,7 also allows sustaining treatment to be withdrawn however euthanasia is still regarded as murder by many.8 There are positive and negative aspects to euthanasia.9 Euthanasia goes against the Islamic and Christian religion and weakens sanctity of life.10 It constitutes as a threat to values of society.11 The common law says that if anyone participates in euthanasia, they ‘’will be guilty of murder or culpable homicide’’.12 Euthanasia greatly affects terminally ill patients inside South Africa considering that it is a perfect solution to end their suffering.13 The South African Law Commission did submit their report called Euthanasia and the Artificial Preservation of Life (project 86), which tries to assist terminally ill patients, but it has been completely ignored as remains in limbo.14 Euthanasia is regarded as a humane when it’s applied to animals but not humans.15 The Constitution should consider legalizing euthanasia to serve terminally ill patients that are suffering.16 Preserving that life of a terminally ill patient extends their pain because it forces them into an undignified death.17
The effectiveness of section 20(9) of the Companies Act 71 of 2008 in reaching its stated objective
(The IIE, 2022) Maboa, Lebohang
The Companies Act 71 of 2008 (hereinafter referred to as the Companies Act)1 is the cornerstone of Company law in the Republic of South Africa. It can be argued that section 20(9) of the Companies Act extended the common law position of the piercing of the corporate veil and made it easier for courts to lift or pierce the corporate veil.2 Piercing of the corporate veil takes place when the separate legal personality of a company has been mistreated resulting in the company no longer be viewed as a separate legal personality.3 The main focus of this legal research will assess the effectiveness of section 20(9) of the Companies Act4 in reaching its stated objective. An analysis of the interpretation of section 20(9) of the current Companies Act5 will be executed whilst clarifying concepts such as who is an ‘interested party’ and what ‘unconscionable abuse’ means. The circumstances under which the corporate veil can be pierced will aid the researcher in the process of establishing the effectiveness of section 20(9) of the Companies Act.6 The effectiveness will be discussed and analysed through the common law positions (case law) and legislation established in relation to the piercing of the corporate veil to supplement section 20(9) of the Companies Act7 which codified and adopted the common-law position related to the piercing of the corporate veil.8COMPANIES ACT
The impact of the prevention of illegal evictions from and unlawful occupation of land act on the rights of landowners
(The IIE, 2022) Govindasamy, Natalie
Unlawful occupation has occurred since foreign travellers settled in other countries although it was not seen as a problem then. South Africa has experienced unlawful occupation since the 1650s when settlers from all around the globe discovered the wonders it had to offer. Since this time, the concept of land ownership and who had a right to stay on the land has changed numerous times. The first impact was colonization and the laws that it brought with it such as the Black Administration Act5. The second impact on land rights was during apartheid were under the Group Areas Act people were only allowed to own land and live in designated areas. Now under the new Constitutional dispensation, the law aims to fix its pasts transgressions in terms of land rights. The most influential legislation enacted after 1996 regarding property law was the Prevention of Illegal Evictions from and Unlawful Occupation of Land Act (Hereafter referred to as the PIE Act).8 It was enacted after the Prevention of Illegal Squatting Act9(hereafter referred to as PISA) was repealed for its unconstitutional applications and provisions of racial segregation.10 The focus of the PIE Act is on residential areas whereas industrial areas are adjudicated over by the common law.11 The PIE Act12 is supposed to balance the rights of landowners as well as the rights of unlawful occupiers. The Act defines an unlawful occupier stating that is a person who occupies land without the owner’s permission or without any right to occupy the land.13
Justice for Sale: An analysis of how access to justice remains unattainable for the poor in South Africa
(The IIE, 2022) Scott, Andrew
This study will seek to examine what the concept of “access to justice” is, and an in-depth analysis will be conducted so as to establish how economic status affects the ability to access justice. The right to access to justice is not expressly contained in the Constitution of the Republic of South Africa, 1996, instead it can be said to be an amalgamation of several rights contained in the Constitution, namely sections 9 and 34: • Section 9 of the Constitution contains the right to equality, with section 9(1) stating that everyone is equal before the law, and has the right to equal benefit and protection of the law. • Section 34 of the Constitution contains the right to access to courts, and this section states that everyone has the right to have a dispute resolved by application of the law in a fair public hearing before a court, or where applicable, another independent and impartial tribunal. The above two sections make it clear that every single person in South Africa should enjoy the benefits and protections provided by the law (including the Constitution) equally, which means that every South African should be able to have their disputes resolved by application of the law before a Court or, where appropriate, another tribunal or forum, but realisation of these rights has proven to be difficult to say the least.
A legal analysis of South Africa’s stance on capital punishment in relation to Botswana, Nigeria, and international conventions
(The IIE, 2022) Mashigo, Itumeleng
In the beginning of 2022, the police minister, Bheki Cele addressed the nation on the crime statistics that were collected during 2021/2022 financial year. In his presentation, he disclosed figures that would send chills down the spines of the South Africans. Regarding murder, it was exclaimed that in a period between July 2021 and September 2021, the number of murders committed in the Republic was more than 6000 which represents an increase over the same time frame of the previous year. A similar trend can be observed for rape where by 9556 rapes were reported within the same July to September 2021 period which reflected an increase over the same time frame of the previous year. This trend is followed by other classes of offences which illustrate a general increase of unlawfulness in the country. This realisation sparks the thought of whether we have adopted inadequate measures to prevent crimes out of the dream of upholding constitutional values which may not be ideal for the wellbeing of the citizens of the Republic in the modern day. The call for there in statement of the death penalty can be heard throughout various facets of South African society. Political parties such as the IFP have called on more hard-line measures on dealing with crime which includes the reinstatement of capital punishment. Ordinary citizens have also taken a stance to see its reinstatement following the rape and murder of Uyinene Mrwetyana and other high-profile murders. “Should and/or can capital punishment be reinstated in modern day South Africa”? and if so “under what circumstances would it work”? That is what will be discussed and debated throughout this paper.
The need for legal reform to address medical negligence in South Africa
(2022) Towlson, Sian Adaire
The core objective of this research paper is to discuss the implementation of legal reform to address medical negligence in South Africa and will set out arguments for the need for legal reform in such a context. After the issues and threats currently facing the medical industry have been determined, as well as the cause for such issues, the research paper will make an argument for the need for legal reform in the context of medical negligence to rectify and/or relieve these issues.
The rights of mentally ill or incompetent spouses relating to civil marriages and divorce in South Africa
(The IIE, 2022) Rheeder, Clarize
Mental illness is defined in the Mental Health Care Act (hereinafter referred to as MHCA)1 as a confirmed diagnosis of a mental health-related condition made by a mental health care practitioner, who is authorised to make such a diagnosis based on approved diagnostic criteria.2 The requirements to enter into a valid marriage entails that the parties must have the capacity to enter into the marriage, each party must consent to the marriage, and the prescribed formalities, as per the Marriage Act (hereinafter referred to as the MA)3 and Civil Union Act (hereinafter referred to as the CUA)4 must be followed.5 Before the implementation of the Divorce Act (hereinafter referred to as DA)6 mentally ill spouses could at common law only be divorced based on the ground of fault, which included adultery or desertion, and the Divorce Laws Amendment Act (hereinafter referred to as DLAA)7 introduced a new ground which catered for mental illness based on incurable insanity or imprisonment of a spouse.8 The DA9 brought about different reforms for divorce, based on a no-fault criterion, and provides that a divorce decree can be based on the ground of irretrievable marriage breakdown,10 contained in section 4.11 There is a second ground for divorce, based on mental illness, which entails that a spouse must have been mentally ill for a period of at least two years, 12 or the continued unconsciousness ground, which states that a spouse must have been unconscious for at least six months, 13 contained in section 5 of the DA.14
The South African position regarding when a legal duty may be placed upon a person
(The IIE, 2022) Seedat, Wazeer
This study will focus on whether persons within the Republic of South Africa would be obliged to act positively to prevent harm/damage from falling onto another person within the context of wrongfulness in delict. According to Neethling and Potgieter Potgieter,1 a positive act is where a person fails to take precautions against the occurrence of damages, and this failure to act is not an integral aspect of positive conduct. Examples of a positive act include: a homeowner who does not exercise control of a fire which has broken out in their home without the person’s doing; a police officer who fails to protect someone who is being assaulted by a third party; the police who fail to stop an inmate from escaping and that inmate then assaults an innocent third party. With respect to the concept of a legal duty, Van der Merwe and Oliver,2 outlines the concept of a legal duty as it pertains to the infringement of a subjective right, which correlates with a legal duty imposed on another person to not infringe upon that subjective right. Concepts such as legal duty and positive performance will be broken down in detail to understand what these terms entail, and how they are utilised by South African courts when making decisions. These are two concepts which fall within the law of delict which is a sphere within private law and protects against the infringement of private interests.
The testamentary capacity of elderly people and the risk for undue influence in South Africa
(The IIE, 2022) Mongadi , Khutso
The process of making a will is a very important step that people take during their lifetime.1 It is important that when a person drafts a will, his/her honest and truthful intentions are protected by the act of making the will.2 There are formalities entrenched in section 2 of the Wills Act3 which need to be complied with for a will to be valid. It is said that as people live longer, the potential of them suffering from mental disorders increases,4 statistics show that “approximately 15% of adults aged 60 and over suffer from a mental disorder.”5 As a result of this, it may affect their capacity to draft wills and possibly make older people to be more vulnerable to “undue influence” in executing their wills.6 An example of this can be seen in a scenario where a testator who is 90 years old leaves his entire estate to someone (referred to as A) who prior to the testator’s death, took care of the testator and assisted the testator in his financial affairs which includes taking the testator to draft a will.7 As a result, the testator disinherits his/her close relatives and leaves the entire estate to A. In this situation, at the death of the testator, the question would be whether the will drafted by the testator expresses the influencer’s wishes rather than the wishes of the testator.8 It is important to ask this question to avoid the testator’s close relatives being prejudiced by the potential influence and to ensure that the wishes being carried out are those of the testator and not of the influencer.9 Therefore, the general theme of this research is to understand the testamentary capacity of elderly people and the risk of undue influence that they may face due to their age and other cognitive impairments.10 The research will further focus on recent judgements on South African law and other jurisdictions where testamentary capacity of elderly persons was analysed as well as looking at whether the testamentary capacity of an elderly person is sufficiently protected by common-law principles.11 This is a desktop form of research12 and will be conducted using primary sources such as legislation, case law and secondary sources such as articles, books and web resources. The purpose of chapter one is to provide a brief overview of the research, the purpose of the research and what the research aims to achieve.

Browse

Browsing IIEMSA by Title

Results Per Page

Sort Options