South African Mercantile Law Journal最新文献_第3页

The characterisation principle in South African competition law from a German law perspective 从德国法的视角看南非竞争法中的特征化原则

South African Mercantile Law Journal Pub Date : 1900-01-01 DOI: 10.47348/samlj/v34/i2a1

Damian Schmidt

引用次数: 0

Assessing the Legal and Regulatory Framework for Special Economic Zones in South Africa 评估南非经济特区的法律和监管框架

South African Mercantile Law Journal Pub Date : 1900-01-01 DOI: 10.47348/samlj/v34/i2a4

Mmiselo Freedom Qumba

{"title":"Assessing the Legal and Regulatory Framework for Special Economic Zones in South Africa","authors":"Mmiselo Freedom Qumba","doi":"10.47348/samlj/v34/i2a4","DOIUrl":"https://doi.org/10.47348/samlj/v34/i2a4","url":null,"abstract":"The previous industrial development zones (IDZs) programme did not generate the anticipated economic growth in South Africa. Thus, the recent special economic zones (SEZs) programme is aimed at addressing the deficiencies in the disappointing record of the IDZs. So, would the new SEZ programme succeed if the IDZs failed? Since the IDZ is considered to have failed to generate the expected levels of economic growth, it is important assess whether the new SEZ programme will be able to fulfil its intended objectives. Therefore, the purpose of this article is to provide an insightful analysis of the South African SEZ programme from a legal and policy perspective and to proffer some reforms in areas that may be pertinent for the success of the SEZ programme. It traces South Africa’s experience with the IDZs and related industrial policies by assessing how the country has fared so far, looking at its transition from the IDZs to the SEZs and analyses the potential challenges it is likely to face in the future. It adopts a comparative method of analysis by examining key issues confronting SEZs in South Africa, India, and China. In particular, the article compares only the key aspects in the regulatory design of the SEZ as found in the SEZ Act. These aspects include: the governance and ownership structure of the SEZs; the incentives offered to investors; the establishment of one-stop shops and issues of infrastructure development.","PeriodicalId":118675,"journal":{"name":"South African Mercantile Law Journal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126553287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Reinstatement in the Context of ‘Deemed Dismissal’: A Critical Analysis of Recent Case Law “视为解雇”语境下的复职:对近期判例法的批判性分析

South African Mercantile Law Journal Pub Date : 1900-01-01 DOI: 10.47348/samlj/v34/i1a1

C. Okpaluba, Mpfariseni Budeli-Nemakonde

{"title":"Reinstatement in the Context of ‘Deemed Dismissal’: A Critical Analysis of Recent Case Law","authors":"C. Okpaluba, Mpfariseni Budeli-Nemakonde","doi":"10.47348/samlj/v34/i1a1","DOIUrl":"https://doi.org/10.47348/samlj/v34/i1a1","url":null,"abstract":"The ‘deemed dismissal’ or ‘discharge’ clause is not mentioned either in the reinstatement provisions of section 193 of the Labour Relations Act 66 of 1995 (‘LRA’), or indeed, in any other provision of that Act. Such an expression can be traced to several public sector employment statutes such as: section 14(1)(a) of the Employment of Educators Act 76 of 1998; section 59(3) of the Defence Act 42 of 2002; and section 17(3)(a)(i) and (b) of the Public Service Act 103 of 1994 (‘PSA’). Notwithstanding that the substance and process of the ‘deemed dismissal’ disputes are quite different from those encountered in the law of unfair dismissal under the LRA, the determination whether reinstatement would be made in such a circumstance has been guided by the provisions of section 193(2)(a)–(d) of the LRA. After discussing the important South African cases of Phenithi v Minister of Education 2008 (1) SA 420 (SCA); Minister of Defence and Military Veterans v Mamasedi 2018 (2) SA 305 (SCA); and Ramonetha v Department of Roads and Transport, Limpopo [2018] 1 BLLR 16 (LAC), and those from the Botswana and Namibian jurisdictions, it becomes obvious that the Ramonetha case was quite different from the others. The conclusion, therefore, is that the judgment of the Labour Appeal Court sends a clear message to the employer that the statutory discretion invested in it by the PSA requires it to act within a space of time; the PSA does not give the employer the unbridled power to literally approbate and reprobate at the same time.","PeriodicalId":118675,"journal":{"name":"South African Mercantile Law Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115255625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Good Faith is not Dead: It still Lives after Beadica 231 CC v Trustees, Oregon Trust 诚信未死:Beadica案231 CC诉受托人，俄勒冈信托

South African Mercantile Law Journal Pub Date : 1900-01-01 DOI: 10.47348/samlj/v34/i1a2

M. Van Eck

{"title":"Good Faith is not Dead: It still Lives after Beadica 231 CC v Trustees, Oregon Trust","authors":"M. Van Eck","doi":"10.47348/samlj/v34/i1a2","DOIUrl":"https://doi.org/10.47348/samlj/v34/i1a2","url":null,"abstract":"In Beadica 231 CC v Trustees, Oregon Trust, the Constitutional Court provided much-needed clarity on the role of equity principles (fairness, reasonableness and good faith) in contracts, in that the abstract principles found in equity principles will not apply directly to contractual engagements but will apply indirectly by means of public policy considerations. This article illustrates that this default position, as articulated by the Constitutional Court, does not completely exclude good faith in contractual engagements. In fact, good faith is infused in the entire contract lifecycle, starting from negotiation and presenting itself even in certain remedial action. In addition, there are a number of exceptions to the default position in that equity principles can be established by means of express incidentalia (in the form of good faith clauses), and could even be imported ex lege in consumer contracts by means of the Consumer Protection Act 68 of 2008. It can therefore be said that the operation of equity principles, such as good faith, in South African contractual engagements is neither dead nor obsolete. Rather, good faith has survived the Constitutional Court’s decision and continues to manifest itself in different ways in contracts reaffirming the place of good faith as a cornerstone principle in the operation of the law of contract.","PeriodicalId":118675,"journal":{"name":"South African Mercantile Law Journal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132594583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Critical Analysis of the Amendments Proposed to the Social and Ethics Committee by the Companies Amendment Bill, 2018 《2018年公司修订法案》向社会及道德委员会提出的修正案的批判性分析

South African Mercantile Law Journal Pub Date : 1900-01-01 DOI: 10.47348/samlj/v33/i2a1

D. Mahhumane, Rehana Cassim

引用次数: 0