Theses and Dissertations (Law)http://hdl.handle.net/10386/382024-03-28T21:56:43Z2024-03-28T21:56:43ZLegal analysis of the impact and consequences of environmental degradation in mining communities in South AfricaMakua, Pretty Maanatehttp://hdl.handle.net/10386/42792023-08-22T01:00:14Z2017-01-01T00:00:00ZLegal analysis of the impact and consequences of environmental degradation in mining communities in South Africa
Makua, Pretty Maanate
Section 24 of the constitution of the Republic of South Africa, 1996 guarantees a right to
a healthy and safe environment. It provides for the environment which is beneficial,
conducive and productive to the community. However, this right is being violated on a
daily basis by the mining companies which degrade the environment through their
activities or operations within the mining communities by violating the legal regulations
aimed at restoration, rehabilitation, management and prevention of degradation to the
environment. Therefore this mini-dissertation advocate for stringent enforcement of the
laws aimed at prevention of environmental degradation and further compels mining
companies to comply with existing laws. It calls for the minister not to hesitate to revoke
the mining licences or withdrawal of the mining permits of any erring mining companies.
It utilises the jurisprudence from China and Australia as comparative study in order to
draw relevant lessons from their approaches
Thesis (LLM.) -- University of Limpopo, 2017
2017-01-01T00:00:00ZA legal analysis of the social security rights of domestic workers in South Africa : issues and challengesSenyolo, Matome Johanneshttp://hdl.handle.net/10386/42302023-05-11T01:00:24Z2022-01-01T00:00:00ZA legal analysis of the social security rights of domestic workers in South Africa : issues and challenges
Senyolo, Matome Johannes
This study discusses the legal analysis of social security rights of domestic workers
in the South African social security law. The notion social security is concerned with
the protection of individuals during the happening of certain event such as
unemployment, maternity, disability, old age, sickness, and death. For the purpose of
this study, social insurance schemes which arise from the employment relationship
will be explored. It is submitted that domestic workers like any other employees
should also be afforded social security protection as envisaged in the Constitution of
the Republic of South Africa, 1996 (the Constitution). Therefore, domestic workers
must also be provided social security rights arising out of their employment. Thus,
the research process will involve thorough analysis of statutes, case law, textbooks
and scholarly articles dealing with the social security law protection afforded to
domestic workers, in particular the social insurance component of social security.
For an exceptionally long time, domestic workers have been excluded from the
formal employment sector, which followed that they were automatically excluded
from social security protection. Despite section 9 of the Constitution, this espouses
non-discrimination and equal treatment of all the workers in South Africa. To this
end, there is no comprehensive social security system in South Africa that is capable
of providing adequate social protection to domestic workers. For example, most
domestic workers have no pension fund, and some are not registered with
Unemployment Insurance fund and Compensation for Injuries and Diseases
schemes.
Thesis (LLM. (Labour Law)) -- University of Limpopo, 2022
2022-01-01T00:00:00ZThe laws regulating affirmative action in the workplace and its impact on covid-19 pandemicSkhosana, Zanele Mphohttp://hdl.handle.net/10386/42122023-05-05T01:00:23Z2022-01-01T00:00:00ZThe laws regulating affirmative action in the workplace and its impact on covid-19 pandemic
Skhosana, Zanele Mpho
The aim of this research is to determine the laws that regulate affirmative action in the
workplace and the impact Covid-19 has on affirmative action. This research focuses on
the history of affirmative action in South Africa and the United States of America. Both
countries have a similar history of discrimination and racial segregation. The United States
of America is one of the most progressive countries on the issue of affirmative action. The
comparison of South Africa with the United States of America will enhance the applicability
and effectiveness of affirmative action.
Past discrimination is a huge contributing factor to the imbalances and inequalities
experienced in the workplace. A measure in a form of affirmative action was established
to redress past injustices, however, there are many controversies around the topic and its
effectiveness. The Covid-19 pandemic has made matters worse in that many people have
been laid off, resulting in the retrenchments and the regress of affirmative action and its
purpose.
The findings of this research conclude that Covid-19 has negatively affected the process
of affirmative action. As such, employers during this trying time prefer only individuals who
are fully qualified and experienced as the employees have been reduced. As long as
affirmative action applies to individuals or a group of individuals with certain skin colour or
sex regardless of their past privileges this racial tension might never be relieved. In order
to effectively implement affirmative action, South Africa has to focus on the institutions that
cause the problem rather than dealing with the final results
Thesis (LL.M. (Labour Law)) -- University of Limpopo, 2022
2022-01-01T00:00:00ZA beguiling serpent in the protected zone of collecting bargaining : dimissal to enforce demandsNevhulamba, Fightwellhttp://hdl.handle.net/10386/42092023-05-05T01:00:14Z2022-01-01T00:00:00ZA beguiling serpent in the protected zone of collecting bargaining : dimissal to enforce demands
Nevhulamba, Fightwell
This study examines the relationship between automatic unfair dismissal under Section
187(1)(c) of the Labour Relations Act,1 and dismissal for operational reasons under
Section 189 of the LRA. Dismissal is automatically unfair if the reason for dismissal is a
refusal by employees to accept a demand in respect of any matter of mutual interest
between them and their employer and this is according to Section 187(1)(c) of the LRA
Employees have the right to refuse the new terms and conditions of employment, and
they cannot be dismissed for doing so.
However, if the employer’s business is in decline and thus causes financially loss to the
employer, the employer may change the operation of the employment in order to
sustain the employment. The employer must initiate consultation process (collective
bargaining) with the employees' representatives in order to reach an agreement that
protects both the employer's and the employees' interests. To avoid retrenchment, the
employer and the employees’ representatives through collective bargaining have to
agree to new conditions of the employment and should the parties agree on the new
conditions of the employment this will automatically set aside the terms and conditions
of the employment contract.
In K Ngubane v NTE Limited,
2
“the court observed and noted that the requirement is
that the old contract of employment must be terminated with the purpose of inducing
acceptance of a demand or proposal, or the employer can simultaneously terminate the
contract of employment and give the employee his/her final offer”.
Before resorting to dismissal, the employer must exhaust all the alternatives available to
him and this could include, inter alia, change of job descriptions since this will not have
adverse financial consequences for the workers. If the employees refuse to accept the
demands of the employer that were aimed to avoid retrenchments for operational
reasons, the employer may dismiss them in accordance with the provisions of section
Thesis (LLM. (Labour Law)) -- University of Limpopo, 2022
2022-01-01T00:00:00Z