Masters Degrees (Office of the Dean: Law)

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  • ItemOpen Access
    The constitutional right to conduct business in South Africa – limitations imposed by a state of emergency or disaster
    (University of the Free State, 2023) Verhoef, Andre; Brits, Pieter
    It seems as if governments worldwide consistently act in the best interest of most of their civil and corporate citizens when a national crisis arises, resulting in minority groups not always being treated fairly. Governments often base their decisions on national interests, policy and political considerations. During the COVID-19 pandemic, it became evident that there is a greater need for measures to ensure that decisions made during a state of disaster or pandemic are based on rational grounds, failing which the constitutional and other rights of minority groups can be influenced. Case studies of South Africa, India, Australia, and the United States of America (USA) have shown how complex crisis decision-making is. For example: As shown in the tobacco and alcoholic beverage industries, South Africa prioritised healthcare over intellectual property (IP) rights, which raised doubts regarding the efficacy of the TRIPS Agreement on matters such as branding restrictions during a pandemic. Australia's pragmatic approach, using common-sense regulatory reforms and working closely with trade unions, showed how pre-emptive measures protect employment, businesses, and the right to work. India's dependence on its pharmaceutical industry's capabilities despite international legal choices shows the relevance and importance of seeking local and pragmatic solutions, even more so if you are a developing country. Therefore, the legal analysis of the freedom to conduct business in Australia and India yielded valuable insights that can be used in South Africa to develop future legislation and legal considerations to manage such situations better. The USA's choice not to exercise march-in rights or enforce patent waivers emphasised public safety and health over intellectual property rights. It seems the USA's approach worked best to advance science without compromising safety or job losses. The dissertation acknowledges the importance of international collaboration in promoting economic progress and defending social interests. Although they address separate issues, the TRIPS Agreement and the draft Pandemic Treaty are fundamental advances towards a more sustainable and resilient global economy. These accords emphasise collaboration, readiness, and accountability for complex global issues. Lastly, the dissertation emphasised the need for adaptive and collaborative approaches to pandemics and other crises.
  • ItemOpen Access
    “May the fourth be with you”: how will the fourth industrial revolution impact South Africa’s labour force?
    (University of the Free State, 2023) Sparks, Curtis Roderick; Smit, Dina Maria
    As we are on the verge of transitioning from an already modern era to a more sophisticated one, one cannot help but sit back and wonder how this new leap will affect the current and future world of employment. The First Industrial Revolution came into being due to the developments made in the textile and iron industry, the use of steam and other forms of power, and the adoption of factory systems in the middle of the 18ᵗʰ century.⁵ Through these developments and initiatives, the First Industrial Revolution brought about social and economic change, increased business and trade, laid the foundation for the creation of new machinery, and much more.⁶ However, with these positive measures came adverse effects. Employers pushed employees beyond their limits, child labour increased, and cities became overpopulated.⁷ The First Industrial Revolution saw the rise of trade unionism as those employed desired more control over their work. Workers had to endure terrible working conditions on a daily basis, which were detrimental to their health and life. This led to these aggrieved workers forming trade unions to fight for a better work-life and working environment.⁸ The Second Industrial Revolution, which occurred late in the 19th century, added to that developed during the First Industrial Revolution. It brought electricity, chemical industries (and their chemical products), electronic communications technology, and alloys.⁹ These inventions made people's lives much more convenient and increased productivity in many countries.¹º However, those employed continued to work for long hours in horrible conditions, living conditions deteriorated, and many companies suffered at the hands of debt.¹¹ Trade unions started expanding across different industries during the Second Industrial Revolution, all aiming to promote better working conditions and eradicate continued exploitation.¹² The Knights of Labour was one of the most important unions during this period in that it was one of the few that had no restrictions on its membership.¹³ The Third Industrial Revolution brought automation and digitization to the table with the help of electronics, computers, the Internet, and new communication technologies in the middle of the 20ᵗʰ century.¹⁴ The Third Industrial Revolution paved the way for new innovations, which in turn created new types of jobs, such as software engineers and IT specialists. However, it also resulted in the loss of many other jobs due to implemented robots and computers capable of performing human tasks, such as agricultural activities.¹⁵ The Fourth Industrial Revolution, built on the developments of the Third Industrial Revolution, is not far from imposing its full effect.¹⁶ It will be accompanied by innovations ranging from artificial intelligence and cloud computing to 3-D printing and augmented reality.¹⁷ The impact of the Fourth Industrial Revolution will stretch as far as the four corners of the earth and cause multiple disruptions, especially in the world of work. It is predicted that new types of jobs will be ushered in, and current ones will evolve, requiring individuals to either upskill or reskill.¹⁸ Unfortunately, the Fourth Industrial Revolution will also lead to the downfall of many jobs and the replacement of humans in others.¹⁹ This begs the question of whether our current labour laws are relevant and sufficient to protect employees during this period. Each of the previous industrial revolutions left their mark on society and, inadvertently, the workplace. The First Industrial Revolution with steam power and the factory system, the Second Industrial Revolution with electricity and chemicals, and the Third Industrial Revolution with automation and digitization. The question now is what possible impact, or how would the Fourth Industrial Revolution impact, the current and future world of employment. This mini-dissertation is centred on this question. It explores the possible impact of this new industrial revolution, specifically referring to current and future employees and employers. Will it be more advantageous than disadvantageous to the latter parties, or will it be the other way around? This is the question that concerns many, including me.
  • ItemOpen Access
    The Roman law of occupatio
    (University of the Free State, 1966) Van der Merwe, Cornelius G.; Van Tonder, S. I. E.
    Abstract not available