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- Volume 23, Issue 2, 2011
SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Volume 23, Issue 2, 2011
Volume 23, Issue 2, 2011
Author Stephanie LuizSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 151 –172 (2011)More Less
The globalisation of financial markets brings with it many opportunities but just as many challenges. These challenges are encapsulated in the statement of the objects of the Securities Services Act 36 of 2004 (the 'SSA'). These objects include the aim of increasing confidence in the South African financial markets and promoting international competitiveness. If the integrity of our financial markets is maintained and investors have confidence in these markets, the potential for investment (especially foreign investment) is increased. One way of maintaining the integrity of our financial markets is to regulate against market abuse, but more importantly, to ensure compliance with such regulations.
Developing a methodology for assessing restraints within dual-distribution systems in competition law complaints in South AfricaAuthor Rosalind LakeSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 173 –196 (2011)More Less
Determining how dual-distribution systems should be categorised in competition law complaint analysis has been an issue that competition authorities worldwide have grappled with. Disseminating products by way of a dual-distribution system creates conceptual difficulties as it is a relationship which has both vertical and horizontal dimensions. As the Competition Commission is becoming increasingly vigilant and effective in prosecuting complaints in South Africa, this is an issue that local competition authorities also have to consider with greater frequency.
Source: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 197 –213 (2011)More Less
Various markets in the South African economy have historically been characterised by monopolies and high levels of economic concentration. These monopolies and concentrations of economic power were mostly enjoyed by several state-owned companies operating in strategic sectors of the economy and flourished largely with the aid of state concessions. They existed at the time of economic isolation during apartheid, in order to keep the domestic economy self-sufficient. The banking sector in South Africa remains highly concentrated to this day, with four major banks having a combined market share of over 90 per cent. As other observers have noted, at the time of the regime change in 1994, a mere five investment conglomerates accounted for 84 per cent of the capitalisation of the stock exchange and one of them by itself accounted for 43 per cent.
Author Lee-Ann SteenkampSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 214 –234 (2011)More Less
In terms of s 18 of the Income Tax Act 58 of 1962 ('the Act'), natural persons may deduct certain medical-related expenses for income tax purposes. Section 18 thus deviates from the general rule of tax deductions by permitting a deduction for certain medical expenses that were paid by the taxpayer, which are, in essence, private in nature.
Author Sarah Rutherford SmithSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 235 –246 (2011)More Less
Prostitution in South Africa is currently criminalised by the Sexual Offences Act 23 of 1937, the Sexual Offences Amendment Act 32 of 2007, the Criminal Procedure Act 51 of 1977, and various municipal by-laws. These laws criminalise all activities of prostitution activities and all those involved in those activities.
The role of the board of a South African defined contribution pension fund that offers investment choiceAuthor Simphiwe M. MdluliSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 247 –268 (2011)More Less
Can unidentified protected strikers engaging in misconduct be retrenched? FAWU on behalf of Kapesi & Others v Premier Foods Ltd t/a Blue River Salt River : case notesAuthor Nicci Whitear-NelSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 269 –279 (2011)More Less
Employees who engage in protected strike action are protected, inter alia, against dismissal for that involvement. However, they remain vulnerable to dismissal for misconduct during the course of the strike, as well as to dismissal for the operational requirements of the business, even if these requirements arose as a direct result of the strike action.
Die tweede trauma van slagoffers van seksueleteistering by die werkplek : in die steek gelaat deur die bestuur : Mokone v Sahara Computers (Pty) Ltd : case notesAuthor Karin CalitzSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 280 –290 (2011)More Less
Victims of sexual harassment in the workplace often experience a second instance of trauma when management turns a deaf ear to their complaints. South African courts have held employers liable for such neglect on the basis of the employer's common-law duty to protect the employee against physical and psychological danger. An analysis of the judgment in Mokone v Sahara Computers (Pty) Ltd indicates that the Court concluded that because the harassment was not reported by the manager, the structures in place were inadequate, without hearing evidence on the nature of the structures.
Of arbitration, politics and the price of neglect - South African international arbitration legislation continues to lag behind : Bidoli v Bidoli : case notesAuthor W.G. SchulzeSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 291 –299 (2011)More Less
Thirteen years ago, in July 1998, the South African Law Commission (the 'SALC') published a report in which it examined the South African Arbitration Act 42 of 1965 ('the Arbitration Act'). The SALC found that the Arbitration Act was defective for the purpose of international arbitration. In this regard it referred to the fact that upon South Africa's re-emergence in 1994 after economic isolation for many decades, many South African laws, including those pertaining to international trade and investments, were considered outdated (see SALC Project 94 on Arbitration: An International Arbitration Act for South Africa (1998), available at http://www.justice.gov.za/ salrc/reports/r_prj94_july1998.pdf (accessed 1 Apr 2011) in par 1.1).
The insurer's right to salvage, related issues of ownership, and unrelated issues of salvage liens : Hollard Insurance Co Ltd v Wagenaar t/a Race Designs : case notesAuthor J.P. Van NiekerkSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 300 –313 (2011)More Less
The exercise by a property insurer of its right to salvage is a common occurrence in insurance practice. Somewhat surprisingly, though, it is not an issue arising often in litigation, most probably because the value of such salvage would in the usual case not justify the expense of litigation.
Author Mpakwana MthembuSource: SA Mercantile Law Journal = SA Tydskrif vir Handelsreg 23, pp 314 –315 (2011)More Less
Traditionally, corporate governance arrangements were contained in company legislation and also to be found in the common law. It has now become a major issue in business. The passing of the Companies Act 71 of 2008 and the release of the King Report on Corporate Governance (King III) for South Africa 2009 has brought about the focus on stronger, effective and improved quality corporate governance.