Theses and Dissertations (Private Law)

Permanent URI for this collectionhttp://hdl.handle.net/2263/32291

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Addressing the tension between female reproductive autonomy and foetal interests during pregnancy and birth
Pickles, Camilla (University of Pretoria, 2014-10)
This thesis considers different areas of tension developing in South Africa between female reproductive autonomy rights and foetal interests that arise when law reform is proposed which aims to ensure healthy pregnancy and birth outcomes. Four areas are highlighted: prenatal substance abuse; termination of pregnancy; violence that terminates a pregnancy without a woman’s consent; and extending legal personhood to the unborn. Ultimately, this thesis explores whether it is possible to tackle these concerns without encouraging an adversarial pregnancy environment. There are two leading approaches to pregnancy in law: Pregnant women are either viewed as single entities (the primary South African position) or two separate entities (the primary position in the United States). This thesis tests the validity of both to adequately tackle the identified areas of concern. Research indicates that these approaches undermine healthy pregnancies or birth outcomes and female reproductive autonomy. The approaches fail to reflect the embodied nature of pregnancy being one that is based on relationship and inseparable connection. The single-entity approach denies the existence of the unborn while the separate-entities approach encourages pregnancy adversarialism. This thesis reveals that the concerns will never be adequately resolved unless the potential for tension between women and the unborn is removed. The author proposes a relational approach to pregnancy in order to address the potential for tension and applies the not-one-not-two approach to pregnancy which focuses on the embodied connection that pregnancy represents and the contextual realities in which pregnancies exist. The thesis applies this approach to the identified areas of concern.
Trademark enforcement and platform liability in e-commerce
Samaria, Muhammed F (University of Pretoria, 2025-11-30)
This dissertation examines the liability of e-commerce platforms for trademark infringement committed by third-party sellers in South Africa, addressing a growing regulatory gap in the digital marketplace. As online platforms such as Takealot and Amazon increasingly facilitate commercial transactions, they have become central intermediaries in the distribution of goods, including counterfeit and infringing products. However, South African law, primarily governed by the Trade Marks Act 194 of 1993, the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Consumer Protection Act 68 of 2008 (CPA), was developed in a pre-platform era and does not provide a clear, integrated framework for determining when such intermediaries may be held liable for trademark infringement. The dissertation adopts a doctrinal and comparative legal methodology. It first analyses the South African legislative framework to assess whether existing statutes can accommodate platform liability through interpretation. This analysis reveals that while the Trade Marks Act protects against direct infringement and ECTA provides limited intermediary safe harbour protections, the current framework is fragmented, reactive, and insufficient to address the realities of integrated e-commerce platforms. To identify potential solutions, the dissertation conducts a comparative analysis of three influential jurisdictions: the United States, the European Union, and China. The US model relies on a reactive, knowledge-based doctrine of contributory infringement, requiring proof of actual knowledge or wilful blindness. The EU adopts a more structured approach, linking intermediary immunity to platform neutrality and imposing increased obligations on platforms that assume an active role. China implements a prescriptive regime based on both actual and constructive knowledge, coupled with affirmative enforcement duties and administrative oversight. These comparative insights are then applied to case studies of Takealot and Amazon, illustrating how platform integration, fulfilment control, and enforcement mechanisms influence potential liability. The analysis demonstrates that locally integrated platforms such as Takealot may justifiably be held to higher standards of diligence than decentralised global platforms. The dissertation concludes by proposing a hybrid South African model combining doctrinal development, targeted legislative reform, and co-regulatory mechanisms. Such a framework would clarify platform liability, improve trademark enforcement, and align South African law with international best practice while respecting constitutional principles. Ultimately, the research contributes to the modernisation of intellectual property enforcement in South Africa’s digital economy and provides a foundation for future regulatory and judicial development.
Alternatives to corporal punishment in South African Classrooms
Mohamed, Quraysha (University of Pretoria, 2026-02-17)
The mini-dissertation critically explores the persistence of corporal punishment in South African schools despite its legal abolition. Further, it aims to analyse the barriers to achieving a non-violent classroom. This study recommends practical, rights-based alternatives to corporal punishment, drawing from legal, educational, and psychological perspectives. This mini-dissertation specifically recommends stricter supervision of teachers, meaningful legal consequences for educators who persist in using corporal punishment, and a committed shift towards alternative, non-violent disciplinary methods.
An examination of how nuisance by-laws and hostile architecture work in tandem to exclude the marginalised
De Villiers, Sonja E (University of Pretoria, 2025)
This mini-dissertation explores the systemic exclusion of marginalised communities in post-apartheid South Africa through the tandem operation of municipal nuisance by-laws and hostile architecture. The research argues that while modern by-laws may lack the explicit racial intent of apartheid-era legislation, they function as a "functional blueprint" for social control, effectively criminalising the survival activities of the homeless and reinforcing spatial inequality. Employing a qualitative doctrinal methodology, the study analyzes South African legislation and case law through a tripartite theoretical framework of transformative aims, ethical compassion, and spatial participation. The dissertation demonstrates that hostile architecture—such as anti-homeless studs and slanted seating—serves as the physical implementation and pre-emptive enforcement mechanism for exclusionary by-laws, translating a legal governance paradigm into the built environment. Key findings and arguments include: Historical Continuity: Current municipal practices often echo the administrative logic of apartheid-era vagrancy and pass laws by prioritizing the appearance of "order" over the non-elective survival needs of the poor. Transformative Reasonableness: The research advocates for a reinterpretation of the common law "reasonable standard" in nuisance law, arguing it should be infused with the value of Ubuntu to distinguish between "nuisances of choice" and "nuisances of survival". Constitutional Imperatives: The study argues that the differential impact of these measures meets the criteria for unfair discrimination, suggesting that homelessness should be judicially recognized as an "analogous ground" for protection under Section 9 of the Constitution. The Right to the City: The exclusion of the marginalized from public spaces is framed as a denial of their right to inhabit and participate in urban life, contradicting the transformative goals of South Africa's constitutional project. Ultimately, the dissertation calls for legislative reform, including the decriminalization of life-sustaining activities in public spaces and the review of by-laws to ensure they align with constitutional values of dignity and social justice.
Balancing the right to self-determination, parental and health care experts' responsibility and State intervention in accessing gender-affirming treatment and surgery for children
Robbértze, Charnét (University of Pretoria, 2025-10-08)
Globally, there is no consensus amongst experts on how children who seek gender- affirming care should be assisted. South Africa does not have clear statutory guidelines specifically dealing with gender-affirming care. This dissertation advocates for clear statutory reform to provide the necessary clarity and support for the affected children, parents and health care professionals. It is suggested that guidance should be drawn from current domestic enactments dealing with medical decision making for children. This dissertation evaluates concepts such as medical treatment, surgery and informed consent. It further analyses age and maturity thresholds for medical decision making in South Africa by considering domestic laws such as the National Health Act 61 of 2003, Sterilisation Act 44 of 1998, Children’s Act 38 of 2005 and Termination of Pregnancy Act 92 of 1996. It further explores international obligations and trends, more specifically the position in the United Kingdom, as the United Kingdom, like South Africa, has established law for the consent of children to medical treatment, making the United Kingdom’s legislation and approach to gender-affirming treatment appropriate.
Strengthening South Africa's trade mark Laws to combat greenwashing: prospects and challenges
Makore, Fortune (University of Pretoria, 2026-05-04)
The world is witnessing a rise in the registration of green trade marks. This is so because companies are increasingly seeking to meet the needs of environmentally conscious consumers and also portray positive environmental contributions. This increase in the registration of green trade marks may lead to greenwashing if these marks are not verified or substantiated. This research looks at how well South Africa's current trade mark law is positioned to deal with greenwashing. The research will critically examine the application of the doctrines of distinctiveness, descriptiveness, and deceptiveness under the Trade Marks Act 1993. Thereafter, the study will also explore the potential of certification marks as tools to reduce greenwashing. Using a comparative legal approach, the study will assess the regulatory and procedural frameworks for both the European Union and the United Kingdom trade mark regimes in a bid to draw lessons. The study reveals that South Africa’s concentrated attention to distinctiveness and descriptiveness when examining trade mark applications permit marks with eco-friendly terms to enter into the register without their environmental claim being tested or verified. This is different for the UK and the EU, where they investigate the meaning of the eco-terms, and they also make use of certification marks that work as verification tools. Moreover, South Africa does not have compulsory substantiation requirements for environmental claims, and they also do not make use of eco-labels to ensure that claims are genuine. Against this background, this study suggests that South Africa should adopt evidence-based examination processes, make use of eco-labels, broaden their approach to distinctiveness by inquiring about the meaning of eco-terms, and also work together with other organisations that safeguard consumers against misleading claims. This study also argues that South Africa's trade mark law should align with global best practices. Such an approach will help protect consumers against greenwashing. Additionally, this will support the environmental goals set out in Section 24 of the Constitution. Ultimately, this study will also enrich legal understanding. It suggests changes to policies that are situation-based in order to make green trade marks more trustworthy. With these contributions, trade mark law could become a useful tool in the fight against greenwashing.
The right to access healthcare and health beliefs : a comparative study between Zimbabwe and South Africa
Mleya, Mutsi Phethedi (University of Pretoria, 2025)
The study aims to provide a more localised and practical definition of the right to access healthcare. The current medicalised format and definition of the right to access healthcare leads to the exclusion of potentially transformative framing of the right to access healthcare. Medicalised healthcare determination limits the potential of social determination of health, including health beliefs that could contribute positively to public health policy. The mainstream legal order has neglected indigenous laws and knowledge systems, but they have a role to play in both preventive healthcare and the promotion of access to healthcare. There is a need to acknowledge the inherent failings of imported medical systems and systems of government while embracing the transformative potential of local health systems. It is also necessary to recognise that local legal orders and their custodians are best suited to regulate local health systems.
Fair use and fair dealing in Copyright law : a comparative analysis
Van Niekerk, Ulrike (University of Pretoria, 2025)
The advent of upcoming changes to South Africa’s copyright regime in the nature of the Copyright Amendment Bill B13F-2017 (‘the CAB’), specifically the introduction of fair use provisions to exist alongside the existing fair dealing provisions within South Africa’s existing copyright framework, has been central to a debate amongst experts, scholars, artists and users alike. The metamorphosis of current legislation achieved through the integration of fair use provisions unearths the further question of how South Africa’s copyright regime balances the rights of copyright owners with public access. The Constitutional Court judgment in Blind SA v Minister of Trade, Industry and Competition has illuminated that rigid adherence to the statutory exceptions within the current copyright framework may not sufficiently address the disproportionate impact on vulnerable groups, such as persons with disabilities. Fair dealing within the existing South African copyright framework is not defined, and the dearth of authorities concerning its application makes it all the more challenging to anticipate how the proposed fair use provisions will affect stakeholders. The application of fair dealing with a musical work remains unclear. The existing paucity of case law involving fair dealing with musical works compounds the uncertainty about the scope of fair use in this context. Proponents and opponents of fair use in the domain of musical works often emphasise theoretical benefits or disadvantages, but there appears to be a lack of in-depth engagement with the intricate legal procedures and judicial interpretations involved in the course of applying the respective doctrines in their jurisdictions, resulting in a superficial debate. This dissertation explores the differences and similarities between fair dealing and fair use, specifically in relation to musical works, and in doing so, hopes to add substance and depth to the debate about the future co-existence of these two doctrines within a single piece of legislation.
Exploring alternative remedies to trade mark dilution
Kiarie, Jackline Wambui (University of Pretoria, 2025-06)
Section 34(1)(c) of the Trade Marks Act 194 of 1993 (“the remedy”) seeks to protect the advertising value of well-known trade marks against dilution. However, proprietors of well-known trade marks encounter difficulties in enforcing the remedy. The explanation for this is that in order to prove injury or harm, the courts insist on evidence ‘establishing a likelihood of substantial economic detriment’ or ‘a likelihood of substantial detriment to the distinct character or repute of the trade mark which amounts to unfairness’ without offering guidance on the nature of evidence required to satisfy this requirement. This study identifies alternative remedies for dilution by the assessing the objective of the remedy against the function of trade marks to establish whether they are aligned. Moreover, the application of trade mark dilution in South Africa is examined against its application with the European Union in order to identify the similarities and differences of application and lessons to be learnt therefrom. Following the review of literature, statute and case law, the findings are as follows: the objective of the remedy is irreconcilable with the function of a trade mark; the standard to prove injury or harm in South Africa is higher than within the European Union; and lastly, alternative remedies for dilution are found under the advertising code of conduct, unlawful competition, personality law and the Companies Act 71 of 2008.
Addressing the role of internet intermediaries and other stakeholders in the online counterfeit market in South Africa : lessons from selected jurisdictions
Baloyi, Balehlogonolo Queeneth (University of Pretoria, 2025-01)
In recent times, the need to protect intellectual property rights (IPR) against infringement on the internet is increasing. The surge in commercial transactions on the internet continues to popularize the advertisement and sales of counterfeit goods. Such negative development has continued to engender the infringement of IPR, particularly trademark rights. Section 76 of the Electronic Communications and Transactions Act (ECTA) requires that internet service providers (ISP) only be held liable for infringing data or activities where they know such infringement emanating from their users exists. IPR holders have argued that the protection offered by section 76 of ECTA is enabling ISP to contribute to infringe content on the internet as the response to their complaints are not met with the urgency they deem is required simply because they benefit financially from their users. This continuous challenge prompts the need to research on the role of internet intermediaries and other stake holders on the internet counterfeit market in South Africa. Enforcement efforts observed in the USA and Europe to curb the internet counterfeit tide has necessitated that a comparative analysis takes place which has resulted in important lessons to be learnt and implemented. A qualitative research approach has shown that there has been instances wherein ISPs and consumers are guilty of secondary infringement of trademark rights on the internet and as such collaborative efforts are required from all stakeholders in eliminating such infringement so as to eventually curb the counterfeit tide significantly.
The division of living annuities upon divorce : a call for reform
Ragophala, Nomonde Lydia (University of Pretoria, 2025-07)
Whilst it is not uncommon for things to get unpleasant between two parties when divorce is looming, that does not warrant behaviour that intentionally prejudices another spouse and robs them off that which they are legally entitled to. In recent times, there has been a trend of member spouses purchasing living annuities with pension benefits during (or in the time leading up to) divorce proceedings. This dissertation addresses this trend from a legal perspective looking at the law regulating living annuities in South Africa as well as delving into the important concepts of pension benefits and pension interests in relation to living annuities. The law regulating living annuities in South Africa has been unclear and the legislature and courts have failed to adequately appreciate and resolve the prejudice caused by member spouses to non-member spouses when purchasing living annuities during (or prior to) divorce proceedings. It is of utmost importance that, whenever the court is faced with an issue involving married parties, it ought to give due regard to matrimonial property principles and seek aid relying on these principles. The Divorce Act 70 of 1979 also plays an important role when dealing with the issue at hand. Sections 7(7) and 7(8) of the Divorce Act have changed the narrative in respect of the question of whether pension interest is an asset in that, according to section 7(7), pension interest is deemed to be an asset in the estate of the member spouse and section 7(8) empowers the court to order pension funds to pay out portions of their member spouses’ pension interests to non-member spouses. Although the Divorce Act has to a certain extent addressed issues pertaining to division of pension benefits at divorce, the problem of living annuities remains and law reform in this area is necessary.
The impact of public policy on the validity of a contract
Kamineth, Ursula Eulene (University of Pretoria, 2024-12)
Freedom of contract is understood as the freedom of parties to enter into contracts and choose the terms of their contract While public policy has always been the yardstick in the common law on whether a contractual term could be enforced or not, history has shown that the question of what constitutes public policy has not come without any difficulty especially in a developing country such as South Africa. The lack of established statutes, rules and policies on what constitutes public policy a has led to much uncertainty of when a contract will be enforced and the terms upheld in the light of public policy. Against this backdrop, this dissertation will investigate the impact of public policy on freedom of contract. This paper will confirm that freedom of contract is not absolute in South Africa and that our courts, due to absence of clear statutes and legislation, now bear the brunt to determine whether a contract is enforceable in the public interest. This dissertation will seek to find the principle of public policy as problematic due to its ever-changing content, unclear definition and lack of uniformity for determining what constitutes public interest in each particular case. The dissertation will further show how the courts have used the rights and values entrenched in our Constitution to protect the elusive doctrine of public policy. In summary, this thesis will find that our courts have found that a careful balancing exercise is required to determine whether enforcement of the contractual terms would be contrary to public policy.
Settlement agreements that are made orders of court
Maritz, Mariska (University of Pretoria, 2025-06)
Disputes can arise for numerous reasons, including misunderstandings, non-performance, differing interpretations of contractual terms, or unforeseen events, and they may occur in commercial, labour, familial, or other contexts. While some disputes are resolved informally, others necessitate formal resolution mechanisms such as litigation. However, parties often prefer to settle disputes through settlement agreements to avoid the costs and uncertainty of legal proceedings. These agreements serve as binding legal instruments offering remedies like compensation or specific performance and can be concluded before or during litigation, often facilitated through negotiation, mediation, or arbitration. The drafting of such agreements is critical, as it represents the first act of interpretation and shapes how the agreement will be understood by courts or adjudicators. This study explores the complexities surrounding the interpretation of settlement agreements once they are made orders of court, examining conflicting judicial decisions and academic opinions on whether such agreements retain their contractual nature or are subject to court rules of interpretation.
'Climate refugees - The world's forgotten victims' an exploration of international refugee protection in the context of climate change related cross border displacement
Mugabo, Elisa Ilibagiza (University of Pretoria, 2025)
The increasing frequency and severity of climate change-induced events has led to greater cross-border population displacement. This has prompted the international community to explore refugee protection frameworks tailored to climate-related displacement. A landmark decision by the United Nations Human Rights Committee in Ioane Teitiota v New Zealand , emphasized the need to recognize climate-induced conditions as valid grounds for asylum. This seminal ruling opens the door for future claims and highlights the urgent need for a comprehensive international framework. Current refugee protection mechanisms, primarily designed for those fleeing persecution, do not adequately address the unique challenges faced by ‘climate refugees’. Emerging frameworks aim to bridge this gap by integrating climate change considerations into existing legal instruments and developing new policies to safeguard the rights and safety of displaced individuals. However, challenges persist, including achieving consensus among states, defining legal terms clearly, and establishing robust support systems. This study explores the gaps in the existing international framework in protecting climate refugees. It examines whether the existing refugee protection regime is broad enough to encompass climate refugees and how it has been applied in the Africa region in response to climate related displacement. It also offers key recommendations to address the plight of this vulnerable group. Ultimately, the study aims to assess the current state of international refugee protection in the context of climate change and underscore the critical legal gap that must be urgently addressed by the international community to uphold the rights of those displaced by climate-related events.
Consumer protection In electronic commerce
Bonfils-persson, Ayla J (University of Pretoria, 2024-09)
Mini Dissertation written by Ayla Bonfils-Persson for the partial fulfillment of the LLM Course work. This mini dissertation examines consumer protection in South African electronic commerce, with a particular focus on the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act (CPA), evaluating whether these legislative frameworks align with international standards established by UNCITRAL and the OECD.
The effect of the National Credit Act, 34 of 2005 on the extension of credit by commercial banks
Buthelezi, Sithabiso (University of Pretoria, 2024-11)
Credit plays a very important role in the economy as it facilitates trade among consumers and suppliers. For businesses and suppliers, credit enables them to expand production as it gives them access to capital and allows them to take on bigger projects that they would not have taken without capital. It is also important for consumers as it allows them to obtain goods or/ and services that were out of reach without credit. Therefore, credit remains important for both consumers and businesses. Accessibility of credit determines the extent to which an economy grows. There’s evidence that economic growth is highly correlated with the country development of its financial system. Thus, it is not surprising that most developed countries have highly developed financial sectors to cater for the growing needs in the economy. However, while credit comes with many advantages for growing the economy, it also comes with its own challenges, particularly in an economy where consumer literacy and financial education levels remain low. In such instances, credit could be used as a weapon to take advantage of vulnerable and illiterate consumers. It is based on these factors that the South African government opted to enact the National Credit Act, 34 of 2005 to mainly regulate the credit market, promote access to credit and protect consumers. After the Act was enacted, there were concerns from mostly economic scholars about its impact on the extension of credit and economic growth. Moreover, some legal scholars also argued that the Act has an impact on the law of contract as it seeks to codify some of the common law positions in the law of contract. This study investigates the effect of the Act on credit agreements and credit that is extended by commercial banks in South Africa. To test the effect on credit agreements, the study assesses the available literature together with the applicable provisions of the Act which touch on credit agreements. To test the impact on credit extension, the study collected secondary data on credit that was extended by commercial banks between 1992 and 2021 issued by the South African Reserve Bank. Once collected, the data was coded and analysed through Microsoft Excel. The study also found that the Act influences credit agreements. The Act puts certain formalities that contract drafters must adhere to when drafting credit agreements. For example, the Act prescribes that the consumer has a right to receive a document in an official language that the consumer understands, to the extent that this is practical. This use of simple and understandable language is a new requirement brought by the Act on the law of contract. The study also found that the Act comes with new procedural requirements. According to the Act, credit providers are required to provide a quotation to credit consumers specifying the full detail of the cost to the consumer. The quotation will be valid for five days, giving ample time to the consumer to receive quotations from competitors should they wish to do so. This is a new procedural issue brought by the Act. The study also found that the Act was able to curb the rate of credit extended households and stabilized the rate of increase. Therefore, the study found that the Act was able to affect credit agreements and managed to stabilise the extension of credit in the economy.
Lex Mercatoria : does the law merchant apply in the South African law of contract?
Deonarain, Kiara (University of Pretoria, 2024-10)
The South African law of contract, which is rooted in Roman-Dutch law, aims to provide a legal framework that regulates the relationship of parties to a contract as they enter into business transactions and trade in goods and services with the peace of mind that the law will uphold their rights and protect their interests. A widely accepted principle in contract law is that the parties may choose which system of law should govern the terms of the contract, especially where there is an international element to the agreement. However, parties may, for various reasons, choose to disregard the national laws that would have been applicable and may rather opt for the general principles, customs and usages and trade norms practiced in a particular trade, such as the general principles of International Trade Law. These general principles are known as the lex mercatoria, or the law merchant. This legal phenomenon has subsisted for many years and the simple act of trading on mutually accepted customs is as old as time. In Medieval times, merchants travelled around the world, taking their customs and usages with them and, over time, this led to the development of the customs and usages into generally accepted principles applied in particular trade industries. Unfortunately, it disappeared when there were attempts to nationalise International Trade Law. The law merchant reappeared as the new lex mercatoria in the mid-20th century and evolved as the world saw an increase in international trade yet again. The history, as well as the sources of the lex mercatoria have continuously been a point of contention. This has resulted in various theories being put forward by proponents and critics of the law merchant with each school offering convincing arguments as to whether or not the law merchant still exists and whether it can be regarded as an independent legal system that should be applied to contracts and other legal agreements. Despite being shrouded in controversy, there have been many debates as to whether parties should be allowed to choose it as the applicable law. Does the law merchant have the ability to sufficiently govern a contract without the need for national law to intervene? What is its relationship with the national laws of a country? The answers to the questions posed above may be found in the sources from which the lex mercatoria is derived. These various sources, which include international instruments, are paramount to understanding how this a-national, seemingly uncodified body of rules has previously been applied and how it may, in turn, currently impact the South African contract law. Considering the above, this research attempts to define and detail the lex mercatoria throughout the years. further explores the debate between the opposing schools of thought by analysing the conflicting statements to determine whether each argument has merit. Furthermore, the study will look at the South African law of contract and set out the basic principles of contract as provided for in the legal framework. In doing so, it attempts to connect and link the sources of the law merchant to contract law and provide recommendations on whether the lex mercatoria should be applied in a South African context and if so, how we should attempt to resolve any inconsistencies in its interpretation and application.
The link between the assumption of support between life partners and the recognition and protection of life partnerships in South Africa
Botterill, Cherryl-Lee (University of Pretoria, 2024-11)
South African family law does not recognise a “law of life partnerships” and accords only piecemeal statutory and judicial recognition to life partnerships. While legislation to formally recognise life partnerships have been proposed, development of the law in this regard has thus far been driven almost exclusively by judicial precedent. The judiciary has adopted two different approaches as far as it relates to the role of a duty of support in recognising life partnerships and in determining whether life partners could qualify for spousal benefits. Under the first approach the courts derive a duty of support from the fact that the partners lived together with some form of permanence. The duty of support is therefore not a prerequisite for the existence of a life partnership but flows from the life partnership. Under the second approach a duty of support cannot be automatically inferred even though the partners lived together with some form of permanence. An undertaking of a duty of support between the partners is a prerequisite for the recognition and benefits of a life partnership. The legislature has proposed legislative proposals towards the recognition of life partnerships. The Domestic Partnerships Bill and the Single Marriage Statute proposed provision for the registration of life partnerships. Under the Domestic Partnerships Bill, the assumption of a duty of support is one of a number of factors for the recognition of a life partnership and therefore not required qualifying prerequisite for the recognition and protection of life partnerships. Under the Single Marriage Statute, the parties must have cohabited in a life partnership and have assumed a permanent responsibility for supporting each other. A permanent responsibility for supporting each other is made a prerequisite for recognition and protection of life partnerships. Although the mentioned proposed legislation provides for the recognition of life partnerships the legislature is advancing the Marriage Bill that provides recognition to all forms of marriage under a single Act. The Marriage Bill does not provide for life partnerships. Life partners will therefore have to rely on piecemeal recognition by the courts for the foreseeable future. The position in South Africa is compared to legislation in British Columbia in Canada and the Republic of Ireland. Both jurisdictions provide for the recognition of life partnerships. In British Columbia partners must cohabit for a specific time period in a marriage-like relationship. In Ireland an intimate and committed relationship is required with a prescribed time period and financial dependence. The jurisdictions both follow an ascription model. It is concluded that an ascription model similar to that of British Columbia would provide the most extensive protection for life partners in South Africa. The duty of support should not be a prerequisite for recognition and protection of a life partnership but rather a consequence of such a relationship.
Business-to-business data sharing : South African and European Union legal constructs
Pretorius, Johann Andre (University of Pretoria, 2024)
This dissertation reviews how the legal frameworks in South Africa and the European Union facilitate business-to-business data exchange while safeguarding information rights and how they align or differ. Chapter 1 examines how the current era commodifies personal and nonpersonal data, with Big Data notably impacting privacy norms and posing significant privacy challenges. Chapter 2 delves into the SA’s approach to using personal and non-personal information. SA has implemented the Protection of Personal Information Act, which imposes specific processing conditions for accountability and security and gives individuals rights over their data. The chapter concludes by examining the safeguarding of non-personal information and the importance of intellectual property rights. Chapter 3 analyses the similarities and differences between the Protection of Personal Information Act and the European Union’s General Data Protection Regulation. The chapter also examines the European Union's approach to protecting non-personal data, specifically their data strategy’s current legislative program. Chapter 4 assesses the sharing of business-to-business data between South Africa and the European Union. It looks into the contractual aspects of data sharing in the European Union, the role of Standard Contractual Clauses in international data transfers and the legal compliance required, especially for high-risk processing. Finally, the chapter concludes with recommendations for further research and policy changes that could enhance the efficacy of data sharing.
The implications and effect of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022, on the Trust Property Control Act 57 of 1988
Batshabile, One Pearl (University of Pretoria, 2024-11)
The General Laws Amendment Act was promulgated as a result of efforts by South Africa to meet the recommendations by FATF and thereby to avoid being grey listed. The General Laws Amendment Act however introduced concepts (English concepts) which were foreign to the South African trust law principles. The aim of this study is to appraise the amendments introduced in the TPCA by the General Laws Amendment Act and to determine whether they are theoretically sound, practical and finally whether they achieve the aims and objectives of the Act. This study further undertook a comparative analysis with regards the concept of “beneficial owner” as applied in Namibia and Botswana and other provisions in their trust law legislation.

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