law research topics in south africa

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Choosing Your Topic 

When choosing your topic keep the following important key considerations in mind:

• Does the substantive area you wish to research relate to the content covered in one/more of your courses and your chosen specialisation (if relevant)?
• Is the proposed area of research contemporary and novel?
• Is there sufficient and relevant academic resources on which you can draw to found your analysis?
• Is the scope and ambit of you proposed topic viable within the allotted word count - 25 000 words in the case of LLM/MPhil students doing a mini-dissertation along with coursework.

Choosing your Supervisor

Students are encouraged to approach a member of staff or programme convenor and propose an outline for their minor dissertation. The proposal should ideally contain the following aspects: the title; an abstract (of 400 words); the main research question and sub-questions to be addressed in the dissertation; the structure of the dissertation (with a brief description of the type of content to be included under each heading and subheading); and a provisional reading list. If the proposal is acceptable to the prospective supervisor, the student must arrange with that member of the Faculty staff to act as their supervisor.

When choosing a prospective supervisor keep the following important considerations in mind:

• Is the prospective supervisor academically competent in your anticipated area of research?
• Do you feel that the prospective supervisor will represent your interests and meet your expectations?
• Do you feel freely able to communicate with your prospective supervisor?

Registering your Topic and Supervisor

The formal appointment of your supervisor and registration of your topic is done by way of completing a Memorandum of Understanding and lodging it with the SALS Administrator (Law Faculty Office, Rm 4.48, Kramer Law Building). This Memorandum of Understanding should set out: the respective responsibilities and expectations of both supervisor and student; and the deadline for submission of the dissertation/or parts of it for comment and examination. An example of such a Memorandum, which must be signed by both you and your prospective supervisor, is attached to the Guidelines For Minor Dissertation/Research Papers. This process must be completed at the point of registration. Any subsequent change of supervisor must be similarly registered. The list of supervisors available for 2022, along with their areas of specialisation is below:

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Recent Submissions

• A critical appraisal of the implications of a tactical resignation: some perspectives from South Africa, Eswatini and Lesotho  Maolana, Nkhensani Precious ( 2023 ) It is settled law that an employee is at liberty to voluntarily end his or her employment contract by resigning subject to serving a notice period. If an employee fails to serve a notice period, that constitutes breach of ...
• Impact of home community based care as a strategy to create work opportunities for the poor in Greater Giyani Municipality, Limpopo Province  Hatlane, Matsatsi Dorcus ( 2014 ) The purpose of this study was to investigate the impact of Home Community Based Care as a strategy to create work opportunities for the poor in Greater Giyani municipality, Limpopo province. The study was intended to ...
• Legal analysis of the impact and consequences of environmental degradation in mining communities in South Africa  Makua, Pretty Maanate ( 2017 ) 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. ...
• A legal analysis of the social security rights of domestic workers in South Africa : issues and challenges  Senyolo, Matome Johannes ( 2022 ) 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 ...
• A beguiling serpent in the protected zone of collecting bargaining : dimissal to enforce demands  Nevhulamba, Fightwell ( 2022 ) 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 ...
• The laws regulating affirmative action in the workplace and its impact on covid-19 pandemic  Skhosana, Zanele Mpho ( 2022 ) 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 ...
• A comparative study of the impact of technology on testate succession in South Africa  Mahlaela, Theresia ( 2022 ) We live in a Fourth Industrial Revolution(4IR) era where people exchange goods and services through the internet. Such transactions and communications are regulated by the Electronic Communications and Transactions Act ...
• Legal analysis of the right to education : adequate education for borderline learners  Molokwane, Makoma Evelinah ( 2020 ) The history of the South African education system is one that is tainted by inequalities and restricted access. The Bantu educational system, with its racially separated education facilities, ensured that the black child ...
• A critical analysis of the employees' right to strike and repercussions for participating in an unprotected strike : inconsistency on selective re-employment  Mmakola, Thukwe Solly ( 2022 ) The study will analyse the legal position of the right to strike and the consequences of participating in an unlawful strike. The study will provide a brief practical implication of employees dismissed for participation ...
• A legal analysis of the feasibility of a basic income grant in South Africa  Kgaphola, Justice Mokwati ( 2022 ) Ravaged by the socio-economic ills of poverty, income inequality and unemployment, South Africa entrenched the constitutional right to access social assistance for everyone unable to support themselves and their ...
• A legal analysis of the preservation of pension benefits under the South African law  Maloka, Kaizer Khomotjo Makhweshang ( 2013 ) Preservation occurs when money saved for retirement through pension, provident and preservation funds remains in those funds until the person retires, or is rolled over into another similar retirement savings vehicle without ...
• Sexual harassment in the workplace : a gendered inequality  Malatjie, Khomotso Rosina ( 2022 ) Sexual harassment remains an issue in the workplace as result of ineffective legislative and other measures that fail to recognise sexual harassment as a form of discrimination that is gender orientated. Gender inequality ...
• A legal analysis of incompatibility as a ground for dismissal in the South African labour law  Mushwana, Risana Einneth ( 2022 ) This study discusses a legal analysis of incompatibility as a ground for dismissal in the South African labour law. Incompatibility refers to the inability of an employee to maintain a harmonious relationship with his or ...
• Legal analysis of the effectiveness of arbitration process in unfair dismissal dispute : South African perspective  Machete, Memory ( 2022 ) This dissertation presents a legal analysis of the effectiveness of arbitration process in unfair dismissal dispute with a particular emphasis on South Africa. The use of arbitration process in resolving unfair dismissal ...
• Reflections on bias at internal disciplinary hearings and at arbitration  Selala, Jeffrey ( 2007 ) Refer to document
• The law regulating affirmative action : a comparative study between South Africa and United States of America (USA)  Thobejane, Motubatse Harry ( 2016 ) This research is a comparative study of affirmative action measures in South Africa and the United States of America. It examines affirmative action measures as a whole. It looks at the reasons for affirmative action; the ...
• Unreasonableness as a ground for judicial review in the South African administrative law  Nchabeleng, Charles Phadime ( 2007 ) Refer to document
• Paradigm shift : effective implementation and enforcement of laws to radically accelerate the delivery of quality elementary and further education in South Africa : lessons from China, Finland and Singapore  Sefoka, Isaiah Mmatipa ( 2021 ) The delivery of substandard education to the leaners in South African schools has become a pressing concern and needs special attention. This is so despite the advent of democracy in 1994, which brought legislative ...
• Paradigm Shift : effective implementation and enforcement of laws to radically accelerate the delivery of quality elementary and further education in South Africa : lessons from China, Finland and Singapore  Sefoka, Isaiah Mmatipe ( 2021 ) The delivery of substandard education to the leaners in South African schools has become a pressing concern and needs special attention. This is so despite the advent of democracy in 1994, which brought legislative ...
• Paradigm shift from land redistribution to use of redistributed land for poverty alleviation and sustainable development in South Africa  Sihlangu, Precious ( 2021 ) Access to land in South Africa has become a pressing concern and one that needs special attention. This is so despite the advent of democracy in 1994 which brought legislative frameworks and other measures promoting ...

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Welcome to The Faculty of Law . The Faculty is steeped in a culture of human rights and constitutionalism and is recognised and respected internationally. It offers a rigorous and relevant legal education with opportunities to specialise.

For assistance with writing your thesis you can find help here.

Additional resources are available from the Division For Postgraduate Studies (DPGS).

Research publications are accessible in the Research Repository .

Sub-communities within this community

Department of criminal justice and procedure, department of mercantile and labour law, department of private law, department of public law and jurisprudence, collections in this community, doctor legum - lld, magister philosophiae - mphil (law), recent submissions.

Leveraging the African continental free trade area to unlock the full potential of carbon markets in Africa 

The infraction of the right to dignity on social media: the liability of the group administrator and the commenting users. 

Die swart vrou se reg om te erf .

Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana 

Kurds Kurdistan and the claim of the right of self determination of peoples 

Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in Chipinge and Chimanimani districts of Zimbabwe 

The conflicting aspects of economic development within economic partnership agreements: will they promote development? a case study of the East African community economic partnership agreement 

The extent to which the fiduciary duties and liabilities of directors of state-owned companies facilitate good corporate governance in South Africa 

A critique of the deterrent effect of international criminal justice in the prevention of mass atrocities 

The income tax resident status of internet-based companies: when is South Africa their place of effective management? 

The role of second chamber in representing subnational units: A comparative study of Nigeria and South Africa 

Risks and benefits of the eradication of African customs by modernity 

The regulation of social media content personalisation: An international human rights perspective 

Feeding inequality: access to equal education, feeder zones and former ‘model c’ schools 

An analysis of the legal framework on gender discrimination and women’s rights to property in Nigeria: a case study of the Igala people 

Promoter liability and protection of third party rights in terms of pre-incorporation contracts under South Africa’s companies act 2008 

Special economic zones as gateway for sustainable foreign direct investments in Kenya: towards a special regime in labour regulation 

Rethinking international investment agreements in the face of covid-19: need for the incorporation of a force majeure clause? 

Regulating small cross border traders as a solution to increase intra African trade: implications of the African continental free trade area 

Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in chipinge and chimanimani districts of Zimbabwe 

South African Law

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• Finding cases on a topic
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• Subsequent consideration
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• Treaties & International Law
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• Referencing and citing

Start with ...

General books on South African law, such as   Wille's Principles of South African Law  (Juta, 9th ed, 2007)

See also the Books page in this Guide for more information on relevant books and finding South African general legal books and specific books on your topic.

Journal Articles

For information on specific legal topics, look for journal articles in academic journals. See the Journals and Journal Articles page in this Guide for more information.

Legal Research Books & Guides

• PULP Guide: Finding Legal Information in South Africa  by Shirley Ann Gilmore (ed)  (PULP, 4th ed, 2017) (open access)
• Researching South African Law  (on GlobaLex) by Amanda Barratt and Pamela Snyman, 2018 update by Salona Lutchman.

Legal Dictionaries

VG Hiemstra and HL Gonin, Drietalige Regswoordeboek = Trilingual Legal Dictionary (JUTA, 2nd ed, 1986) (available in print)

English-Afrikaans; Latin-Afrikaans-English; Afrikaans-English

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Legal Research Quick and Easy

20 november 2017 00:00.

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Legal research is a most time consuming process. Traditionally, it can take hours for legal professionals to sift through conventional law reports or their indices to determine the precedential strength and weaknesses of cases referenced in an argument. However, with the use of good research tools, the process can be simplified.

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In this way, at the touch of a button Legal Citator assists legal practitioners to avoid building an argument around outdated information. It also provides the researcher with a case analysis report which indicates how a particular judgment was regarded by the divisions in which it was cited.

Easy searches can be done by case details (ranging from a delivering judge’s name to the date of the judgment), legislation, regulations, rules or subjects, complete with a predictive type-ahead feature unique to Lexis Library that provides prompting of available cases.

Legal Citator has the ability to efficiently locate cases that deal with a specific section in an Act, rule or regulation. It also enables users to easily find similar cases for reference through a quick search, or to know how much weight to place on cases referenced in arguments by easily showing how determinative a precedent is without researchers having to spend hours on evaluation.   A single search on Legal Citator tells you how your case has been treated nationally and within the same division.

Key features of Legal Citator include:

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Currently, Legal Citator encompasses references to judgments reported in the following law report series and between the following dates, as well as to all cases cited which were published prior to 1947 and any judgment of a foreign court used as an authority:

• All South African Law Reports from 1996 to current volume
• Butterworth’s Constitutional Law Reports from 1994 to current volume
• Butterworth’s Labour Law Reports from July 1994 to current volume
• Competition Law Reports
• Judgments Online; Industrial Law Journal, Butterworth’s Pensions Law Reports, South African Labour Law Reports and South African Criminal Law Reports (for parallel citations indicating that the same chosen judgment has been published in another law report series).
• South African Law Reports from 1947 to current volume

Dual View: Is a new feature within the LEGAL CITATOR which allows a researcher to view the published law report alongside the analysis report.

Legal Citator is ideal for use by attorneys, advocates, judges, in-house legal advisors, legal librarians, students and researchers.

It forms a part of LexisNexis online Law Reports Suite and can be customised to suit client budgets and needs. With the Lexis Library Select Packages it is available as a free value add on Bronze, Silver, Gold, Platinum and Diamond Select Packages. Furthermore, existing Lexis Library Select Package subscribers can also upgrade to include Legal Citator with their subscription.

For more information, visit:

https://store.lexisnexis.co.za/categories/law/law-reports-132/legal-citator-skuZASKU9780409062618/details

About LexisNexis Legal & Professional

LexisNexisLegal & Professional is a leading global provider of content and technology solutions that enable professionals in legal, corporate, tax, government, academic and non-profit organizations to make informed decisions and achieve better business outcomes. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis and Nexis services. Today, LexisNexisLegal & Professional harnesses leading-edge technology and world-class content to help professionals work in faster, easier and more effective ways. Through close collaboration with its customers, the company ensures organizations can leverage its solutions to reduce risk, improve productivity, increase profitability and grow their business. LexisNexisLegal & Professional, which serves customers in more than 175 countries with 10,000 employees worldwide, is part of RELX Group, a world-leading provider of information and analytics for professional and business customers across industries.

In July 2012, investment firm Tsiya Group, chaired by Fani Titi, acquired a minority interest in LexisNexis South Africa. Tsiya is a privately owned investment group that was established in 2008 and focuses on acquiring interests in unlisted businesses. The company has a particular interest in the media and information industry and is currently invested in two radio stations, namely Heart FM (which broadcasts in the Western Cape) and Gagasi FM (which broadcasts in KwaZulu-Natal). In November 2015 LexisNexisacquired a 100% stake in Korbitec, a provider of content-enabled workflow solutions for South African property professionals. Korbitec’s offering includes two industry leaders, GhostConvey and Windeed.

Theses and Dissertations (Public, Constitutional and International Law)

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Recent Submissions

• Regulation of public procurement in Zimbabwe : an analysis of its international obligations  Panganayi, Freedom ( 2024-06-06 ) The adoption of the new constitution in 2013 led to the constitutionalisation of public procurement in Zimbabwe. The Constitution is the principal source of law in Zimbabwe. This set in motion a series of legislative reforms ...
• The domestic violence amendment Act 14 of 2021 and the imperative of better policing in South Africa  Asamaowei, Amiete Millicent ( 2024 ) The domestic violence phenomenon is a vexatious issue in many societies across the world today. In South Africa, it is a compelling problem that the country’s law system and communities grapple with daily. Hence, domestic ...
• Sustainable development and the Southern African development community - European Union economic partnership agreement  Khumalo, Thabo Fiona ( 2024-03 ) The stated goals of international trade agreements have increasingly included provisions pertaining to the achievement of sustainable development. The thesis discusses the concept of sustainable development in the context ...
• The development and application of the signature as an identification method in the South African law  Robinson, Melanie-Jane ( 2002-07-01 ) Whilst a signature is not a formality in our law in order for a valid and binding transaction to be concluded, it is invariably appended to identify the signatory, affirm the signatory's intention to append his/her ...
• A public law approach to health research in South Africa  Maswanganyi, Jamwell Vuyisa ( 2022-03 ) The resolution of health research problems has over the years generally been guided by private law approaches, mainly under the laws of contract and delict. The dominance of private law approaches has mainly been evident ...
• Regulatory mechanisms for stimulating power sector reform in Nigeria  Fasuyi Babatunde Olumuyiwa ( 2022-11-22 ) Prior to the introduction of private participation in the value chain of the power supply system, some of the major challenges bedeviling the system are; the inadequate generation capacity, failing and limited transmission ...
• Sex for sale : a comparative analysis of legal models and the socio-economic determinants informing law reform in South Africa  Clark, Dellene Michelle ( 2023-02 ) The overarching purpose of this research is to establish the need for legislative and policy reform in respect of the exchange of sexual acts for reward and peripheral crimes in South Africa. It has sought to do so through ...
• Striking a balance between the secrecy of online communication and online criminal investigation in South Africa  Popoola, Olumuyiwa Oluwole ( 2020-05-09 ) In the Republic of South Africa (‘RSA’), there are exponentially increasing and indeterminable consequential risks and breaches involved in the spontaneous and indispensable personal, official and general anatomic uses ...
• An analysis of the legal and policy developments of the right to basic education under the South African constitution  Mvalo, Zukile Christopher ( 2022-07-31 ) The purpose of the study was to undertake an analysis of the legal and policy developments of the right to basic education in South Africa as enshrined in section 29 of the Constitution. This included, amongst others, the ...
• Resolving the conflict between South Africa’s international and domestic legal obligations concerning the arrest of heads of state : lessons from the Al Bashir visit to South Africa  Peer, Shamiela ( 2022-04 ) This dissertation involved a discussion and analysis of the international and domestic legal framework, and case law governing the immunity, arrest and surrender of heads of State wherein international crimes are addressed. ...
• The interplay of citizenship, nationality and statelessness : interrogating South Africa’s legal framework in light of its international obligations  Mahleza, Yeukai Nyahsa Debra ( 2022-01-05 ) This research examines the principle of belonging as a fundamental basis of existence as a human being. It seeks to show that non-recognition as a national of any country has led to many people being stateless and living ...
• Rethinking land administration in the Kwara state of Nigeria : towards enhancing the right of access to land  Jimoh, Yahaya ( 2022-02-20 ) Fundamental reform of the current system of access to land in Nigeria is imperative to ensure a process of land administration that is simple, accessible and sufficiently comprehensive to redress the impact of colonisation ...
• South Africa's obligation to prevent, suppress and punish grave breaches of humanitarian law  Ndebele, Nomazulu ( 2022-01 ) This study examines South Africa’s legal obligations to prevent, suppress and punish grave breaches of international humanitarian law (IHL). Whereas South Africa signed, ratified, and domesticated instruments that seek to ...
• Africanisation and reformation of the African international investment landscape : towards a new continental investment agreement  Mhlongo, Lindelwa Beaulender ( 2021-11-14 ) Many African states have now regained their independence, however, sustainable economic development and relations remain a dream. The African powerhouse is hosted at the African Union (AU) and it is aimed at achieving ...
• Cybercrime and its impact on extraditions in the Republic of South Africa  Rughoonandan, Pravina Harichander ( 2021-09 ) This study explores several South African cyber laws by comparing them to international precepts of the UK and the US, and determines how they impact on extraditions. The extradition process is largely governed by the dual ...
• Enhancing the realisation of the right to development through devolution in Kenya  Khakula, Andrew Barney ( 2022-01-01 ) The Right to Development (RTD) is not a new issue in human rights practice, having received recognition as an inalienable human right by the United Nations Declaration on the Right to Development (UNDRTD) in 1986, more ...
• Revisiting assisted suicide or euthanasia in South Africa from a dignity perspective : a comparative analysis  Nsimbini, Nonhlanhla Thobile ( 2019-02-27 ) Euthanasia has been a contentious issue in South Africa and around the world for a long time. Despite some request for the decriminalisation of euthanasia in South Africa, it remains an illegal and a criminal offence in ...
• The role and legal status of urban local government in the implementation of planning law in Ethiopia : the case of Amhara National Regional State  Endale Belay Mekuria ( 2020-04 ) This study investigated the role of urban Local Governments (ULGs) of Amhara National Regional State (ANRS) in implementing planning laws. Most of the ULGs in the developed world, unlike their counterparts in the developing ...
• The impact of the process of appointing judges on judicial independence : a comparative study of Zimbabwe and South Africa  Mberesi, Jabulani ( 2020-11 ) Judicial independence is a critical component of democracy especially in Africa’s emerging democracies. Democratic governance can only be attained if the judiciary functions independently. The selection and appointment ...
• A critical analysis of national government supervision of provincial government under the 1996 Constitution  Manganye, David Skhumbuzo ( 2020-10 ) This dissertation is the product of an in-depth literature review on national government supervision of a provincial government in terms of the 1996 Constitution. While the Constitution accords equal recognition to the ...

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AN UPDATE OF RECENT LABOUR LAW DEVELOPMENTS FROM SOUTH AFRICAN COURTS 2020

2020, Journal of South African Law

This contribution summarises and discusses recent developments from June 2019 to May 2020 in the field of labour law in South Africa. It focuses on a selection of interesting judgments delivered by South African courts on the labour law issues listed above. The judgments discussed herein have been selected because they establish new principles, significantly elaborate on established ones or establish new tests in law. They all influence legal science and it is foreseen that these judgments will have a significant impact on future labour law cases.

Related Papers

Journal of South African Law

Marius van Staden

This contribution summarises and discusses recent developments from June 2018 to May 2019 in the field of labour law in South Africa. It focuses on a selection of interesting judgments delivered by South African courts on the labour law issues listed above. The judgments discussed herein have been selected because they establish new principles, significantly elaborate on established ones or establish new tests in law. They all profoundly influence legal science and it is foreseen that these judgments will have a significant impact on future labour law cases.

This contribution considers recent South African labour law cases from June 2022 to May 2023. It focuses on several decisions handed down by South African courts on various labour and employment law matters. The cases considered have the potential to provide labour law scholars with insights into the interpretation and application of legal principles relevant to labour and employment law. These cases involve novel legal issues or challenge existing legal principles. They may also include disputes with social or political implications. They may challenge existing social norms or legal structures and require legal scholars to rethink their understanding of these structures. It is foreseen that these cases can provide labour law scholars with a framework for understanding legal principles and the reasoning behind the court’s decision. Labour law cases are numerous, and it is virtually impossible for labour lawyers to be aware of all labour law developments.

This contribution summarises and addresses recent South African labour law cases from June 2020 to May 2021. It focuses on a number of noteworthy decisions handed down by South African courts on a range of labour law matters. The cases addressed here were chosen because they established new standards, greatly expanded on existing ones, or established new legal tests. These judgments have a notable effect on labour law and the employment relationship in particular. They are anticipated to be particularly influential in future cases. In this period, it has also become necessary for the courts to deal with a number of cases involving Covid-19 related facts.

This contribution summarises and considers recent South African labour law cases from June 2021 to May 2022. It focuses on several important decisions handed down by South African courts on a range of labour law matters. The cases addressed here were chosen because they establish new standards, expand on existing ones or establish new legal tests. These judgments have a notable effect on labour law and the employment relationship. They are anticipated to be particularly influential in future cases. Although facts have been shortened where possible, findings of reasonableness and fairness are often dependent on the specific circumstances and relevant facts have therefore been set out where necessary. As in the previous update, the labour courts were again tasked to deal with several cases involving Covid-19 related facts, particularly mandatory vaccinations. There was also a significant increase in constitutional court judgments in labour-related matters.

Stefan Van Eck , Paul Smit

Dr. William Manga Mokofe , Stefan Van Eck

This chapter analyses the employer’s failure to renew a fixed-term contract of employment in South Africa when there is a reasonable expectation of renewal, and the remedies available for the failure to renew. The employment of workers using fixed-term contracts is one of the dominant means of informalising work and is characterised by uncertainty. It therefore is essential that alternative ways of regulating and addressing the concerns of these vulnerable workers are found. Regulating non-standard work and protecting vulnerable workers cannot be left entirely up to collective bargaining and trade unions to resolve. The South African Constitution, the doctrine of legitimate expectation and other legislative instruments are all relevant in ensuring that informal workers are protected. The article specifically examines the relevant provisions of the South African Constitution that may be used to protect non-standard workers: section 9 (the right to equality); section 23 (the right to fair labour practices); and section 39 (the interpretation of the Bill of Rights).

Kamalesh Newaj

Journal of Governance and Regulation

Themba Mzangwa

This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the South African perspective. South Africa is one of the unionised countries in the world and the involvement of trade unions in resolving disputes including grievances and disciplinary matters is crucial. Trade unions, employers’ organisations and the state play an integral role in employment relations. Unions represent their members during dispute proceedings at various institutions where they (trade unions) are recognised. The country’s statutory measures must always be adhered-to in the handling of grievances and disciplinary procedures. The author relates the manner in which grievances and disciplinary proceedings are handled in a unionised workplace environment.

Potchefstroom Electronic Law Journal

Prof C I Tshoose

For many years, South African courts have relied on International Labour Organisation (hereafter ‘the ILO’) conventions to interpret and give meaning to the fundamental social security and labour law rights enshrined in the Constitution, 1996. Social security and labour law has been one of the ILO&#39;s major initiatives of promoting decent work agenda since its inception in 1919. Decent work refers to the availability of employment in conditions of freedom, justice, security and human dignity. This is a multidimensional concept introduced by the ILO in 1999. It has four key components: employment conditions, social security, workplace rights and social dialogue. To this end, the preamble to the ILO Constitution sets out a number of objectives in this regard, including the protection of workers from illness, accidents, the protection of children, women, and the support of the elderly. The ILO pursues these noble values ​​by developing international labour and social security standa...

Neville Cloete

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Introduction

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On this tab, under  E-books on Legal Research ,  Books on Legal Research   and Books and E-books on the Research Process ,   there is a listed selection of book and e-book titles available in hard copy or electronically on legal research, research methodology and the research process.  Please take note that these titles are not necessarily based on the South African legal system, but the same research principles apply in other jurisdictions too.  To find additional resources, search in the  Library Catalogue  or do an advanced search in  UJoogle .

Also refer to the  Recommended Databases and Reputable Internet Links for the Respective Modules   and  S ubject-Specific Shelf Codes   sections to find relevant material for your module in the databases that UJ is subscribed to, as well as in the b  ooks  available in the Law Library. 

Under the  Reputable Internet Links section, there are links to some South African and international university LibGuides, and articles that deal specifically with the legal research process and search techniques. You will also find lists of reputable Internet links and Open Access sources that can be used for your respective modules.

Reputable Internet Links

South Africa:

Journal articles and guides on Legal Research

• Finding free legal information on the Internet
• An Introduction to African Legal Resources  (Columbia University Law School)
• Researching South African Law  (NYU Law School)

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International university guides on Legal Research: 

• Oxford University LibGuide on legal skills and legal research techniques
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Get full text articles in Google Scholar . Also use that link to get the full text via the Library's subscriptions, if available on the UJ databases.

E-books on Legal Research

Books on Legal Research

Remember that for purposes of your final year research paper, you may only utilise the following methodologies:

• Doctrinal analysis;
• Jurisprudential perspectives;
• Socio-legal research and
• Comparative legal analysis.

Recommended book:

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Books and E-books on the Research Process

The UJ Library catalogue keyword search function can be used to find general electronic and hard copy books on: 

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Library electronic resources outage May 29th and 30th

Between 9:00 PM EST on Saturday, May 29th and 9:00 PM EST on Sunday, May 30th users will not be able to access resources through the Law Library’s Catalog, the Law Library’s Database List, the Law Library’s Frequently Used Databases List, or the Law Library’s Research Guides. Users can still access databases that require an individual user account (ex. Westlaw, LexisNexis, and Bloomberg Law), or databases listed on the Main Library’s A-Z Database List.

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Getting Started with Secondary Sources

If you are new to South African legal research, or are unfamiliar with a particular aspect of South African law, start your research with a secondary source.  In addition to providing background information, explanatory analysis, and commentary, secondary sources will help you to identify statutes, case law, and other primary legal materials that are relevant to your topic.

The Georgetown Law Library's collection includes a broad range of secondary sources on the law of South Africa.  These materials have call numbers that begin with the letters KTL and are shelved on the fourth floor of the Williams Library.  In this column you will find a selection of introductory sources on South African Law.  Scroll down for tips on locating additional secondary sources on South African law.   In the column to the right, you will find a selection of in-depth and subject-specific secondary sources. 

Introductory Sources on the Law of South Africa

The following resources provide a general introduction to the law of South Africa.

• The Law of South Africa, 3rd Edition Call Number: INTL KTL12 .L39 2012 This 34-volume legal encyclopedia covers all aspects of South African law. Content is arranged by thematically subject matter, with each volume focusing a particular subject or group of related subjects. Volumes are periodically updated and republished to reflect changes in the law. Library use only.

How to Find More Books on South African Law

Selected In-Depth and Subject-Specific Secondary Sources

A selection of in-depth and subject-specific secondary sources on South African law from the Georgetown Law Library's collection follows.  Tips for locating additional secondary sources are provided in the column to the left.

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• Next: Secondary Sources: Journal Articles >>
• © Georgetown University Law Library. These guides may be used for educational purposes, as long as proper credit is given. These guides may not be sold. Any comments, suggestions, or requests to republish or adapt a guide should be submitted using the Research Guides Comments form . Proper credit includes the statement: Written by, or adapted from, Georgetown Law Library (current as of .....).
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Articles on SouthAfrica7thParliament

Displaying all articles.

South Africa’s new unity government must draw on the country’s greatest asset: its constitution

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South Africa’s 400 parliamentarians are about to get down to business: 4 essential reads

Caroline Southey , The Conversation ; Jabulani Sikhakhane , The Conversation , and Thabo Leshilo , The Conversation

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Tom Moultrie , University of Cape Town and Rob Dorrington , University of Cape Town

Southern Africa is seen as a leader in wildlife conservation, but its market-driven approach is deeply flawed

Stasja Koot , Wageningen University ; Bram Büscher , Wageningen University , and Lerato Thakholi , Wageningen University

South Africa’s healthcare system: eight steps that would get it on the right track

Lilian Dudley , Stellenbosch University ; Catherine Mathews , South African Medical Research Council ; Flavia Senkubuge , University of Pretoria ; Guinevere Lourens , Stellenbosch University ; Leslie London , University of Cape Town , and Sharon Fonn , University of the Witwatersrand

Ramaphosa made practical choices for South Africa’s multi-party cabinet – how this will help him down the line

Vinothan Naidoo , University of Cape Town

South Africa’s new agricultural leadership should focus on getting things done, not designing new policies

Wandile Sihlobo , Stellenbosch University

Why musicians die in poverty – South African study reveals battle to make ends meet

Gwen Ansell , University of Pretoria

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Emeritus Associate Professor Health Systems Research, Stellenbosch University

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Professor of Geography, Environmental Management and Energy Studies, University of Johannesburg; Research Associate, Stellenbosch University; Professor of Sociology of Development and Change, Wageningen University

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Draft tax bills published for public comment - important changes proposed

On 1 August 2024 National Treasury and the South African Revenue Service (SARS) released the draft Taxation Laws Amendment Bill, draft Revenue Laws Amendment Bill, draft Tax Administration Laws Amendment Bill as well as draft Regulations in terms of the Value-Added Tax Act [1] and the Carbon Tax Act [2] for public comment by 31 August 2024.

We set out below a summary of some of the significant proposed amendments contained in the various draft bills. Following the public comment process, the bills will be tabled in Parliament and enacted into law.

Income Tax Act

Definition of a ‘ company ’ and ‘ trust ’ to provide for collective investment schemes and similar portfolios

It is proposed that the definition of a ‘company’ be clarified to include a portfolio of a hedge fund collective investment scheme in terms of which the public holds shares, units or any other participatory interest.

The definition of a ‘trust’ is proposed to include a portfolio of a collective investment scheme and a portfolio of a hedge fund collective investment scheme.

Relaxation of the definition of ‘ connected person’ relating to a partnership

In an attempt to remove limited partners as connected persons in relation to an en commandite partnership, it is proposed that a member who is a qualifying investor in a partnership or foreign partnership is not considered to be a connected person to that partnership.

Definition of a ‘ REIT ’ to include unlisted companies

A REIT is proposed to be expanded to include unlisted companies, where the shares held in these companies meet the conditions of the Financial Sector Conduct Authority after approval by the Director-General of the National Treasury.

Calculation of the section 6 quat rebate relating to capital gains

It is proposed that the section 6 quat rebate (a provision which allows a taxpayer to credit foreign taxes paid against South African taxes payable on the same income) be clarified to explicitly allow a taxpayer to claim the full foreign tax credit for foreign taxes paid on capital gains against the taxes paid in South Africa on the same gains.

Low interest rate donations to trusts or companies

The section 7C anti-avoidance measure to curb transferring low-interest capital to trusts is proposed to be amended to not apply where the taxpayer has already made a transfer pricing adjustment.

Third-party backed shares

The definition of a ‘third-party backed share’ (preference shares where the holder of the share has an enforcement right which may be exercised if the entitled person does not receive a dividend or return of capital from the issuer) is proposed to be expanded to include an enforcement right exercisable either by the holder of the relevant share or a connected person in relation to that holder.

It is also favourably proposed that the anti-avoidance provisions of section 8EA will not apply where the funds of the preference share subscription were used to obtain shares in an operating company, and these shares in the operating company are disposed of and the proceeds of the disposal are used to redeem the preference shares and to settle the dividends related to the preference shares.

Local currency of controlled foreign companies (CFC)

The current ‘local currency’ for a CFC is the functional currency of the CFC. It is proposed that section 9D be amended to allow the local currency of a CFC to be ZAR where the functional currency is subject to an official inflation rate of 100% per tax year.

New section 12V allowance for the production of electric and hydrogen-powered vehicles

It is proposed that a motor vehicle manufacturer be allowed to deduct 150% of the cost of buildings, and improvements thereto, as well as new and unused machinery used in the production of electric or hydrogen-powered vehicles.

Assessed losses for liquidation, winding-up or deregistration

Section 20 is proposed to be amended to exempt companies from the R1 million or 80% limitation applicable to assessed losses per tax year where a company took steps to be liquidated, wound-up or deregistered.

Limitation of interest deductions on reorganisation and acquisitions transactions

It is proposed that the interest limitation formula in respect of section 23N be amended to align with recent amendments to section 23M. This will provide for the calculation of ‘adjusted taxable income’ to be taxable income before setting off assessed losses, subject to additions and reductions, provided that the result of the calculation may not be less than zero. Section 23M further provides that the calculated ‘adjusted taxable income’ be multiplied by a fixed percentage of 30% in the interest limitation formula.

Foreign exchange tax implications

The definition of ‘exchange item’ for purposes of section 24I is proposed to be amended to include a share in a foreign company that is a financial asset for the purposes of the International Financial Reporting Standards (IFRS).

A further proposal is that excess foreign exchange losses will be ring-fenced from assessed losses and will as a result be carried over to off-set against future foreign exchange gains.

Amendments to IFRS 17 - tax consequences for insurers

It is proposed that section 28 relating to short term insurers be amended to include the liability for remaining coverage when calculating the difference between IFRS 4 and IFRS 17 liabilities.

Disposal of shares in foreign companies

The 18-month period contained in paragraph 64B of the Eighth Schedule is proposed to be clarified to confirm that where a group of companies in aggregate held the shares for a period of 18-months the person disposing of the shares may disregard the capital gain.

Value-Added Tax Act

Providing relief on supplies to foreign subsidiaries

It is proposed that the definition of ‘resident of the Republic’ in section 1(1) be amended to exclude a person who is solely a resident due to having its place of effective management in South Africa.

Input tax may only be deducted from the corresponding output tax in the same VAT period

Section 16(3) is proposed to be amended to limit an input tax deduction to the corresponding output tax occurring in the same VAT period in which the entitlement to the input tax deduction arose, as opposed to the practice where input tax is deducted from any output tax period following five years after that input tax period

Administrative amendments for foreign VAT vendors

It is proposed that foreign VAT vendors be allowed to appoint any VAT vendor as an agent instead of the limitation to only appoint South African VAT vendors as agents.

It is proposed that certain foreign VAT vendors, that are residents to countries which concluded a Double Tax Agreement with South Africa, be exempted from the obligation to open a South African bank account.

Carbon Tax Act

Renewable energy premium deduction

Section 6 is proposed to be amended to allow the energy premium deduction where electricity purchases under power purchase agreements are ceded to the National Transmission Company of South Africa.

Increase to threshold for renewable energy projects eligible for carbon offsets

It is proposed that the carbon offset regulations be amended to increase the eligibility threshold for renewable energy projects to qualify for the allowance in respect of carbon offsets from 15 to 30 Megawatts, whether as part of an IPP bid programme or otherwise.

Employment Tax Incentive Act

Monthly remuneration

In order to curb the abuse of the ETI system the definition of ‘monthly remuneration’ is proposed to be amended to only allow for cash payments to employees to be used to determine the employment tax incentive.

Mineral and Petroleum Resource Royalty Act

The application of Schedule 2 per section 6A

The proposed amendment aims to clarify that ‘gross sales’ of a mineral resource transferred below the specified condition will be the amount that would have been received or accrued if the mineral resource had been transferred at the condition specified or the minimum of the range of conditions specified for that mineral resource.

Tax Administration Act

Appearances in the Tax Court

Section 12 is proposed to be amended to allow natural persons, who are not admitted legal practitioners, to appear in the Tax Court on behalf of taxpayers only if the president of the Tax Court is satisfied that they are a fit and proper person.

Extending the period to file an objection

It is proposed that section 104 be clarified so that SARS may extend the period in which an objection must be filed within 30 business days in reasonable circumstances and more than 30 business days in exceptional circumstances, but that the extension may not be more than three years from the date of the assessment or decision.

Introducing alternative dispute resolution at objection stage

A further proposed amendment to section 104 is the introduction of alternative dispute resolution proceedings at the objection stage of a dispute.

Allowing the Tax Court to extend the appeal period

The proposed amendment to section 107 will allow the Tax Court to extend the period in which an appeal must be lodged for up to 120 business days provided that the extension is in the interests of justice.

Directly referring matters to Tax Court

It is proposed that section 109 be amended to provide that a matter will automatically be heard in the tax board if the relevant threshold is not exceeded unless the SARS and the taxpayer agree that the matter be heard in the Tax Court.

Appointment of public officers

It is proposed that public officers must now be appointed on the formation of a company and that the one month period to appoint public officers be removed.

Filed under

• South Africa
• Value added tax
• Transfer pricing

Organisations

• South African Revenue Service
• Financial Sector Conduct Authority (South Africa)

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