https://ir.unisa.ac.za/handle/10500/5686 Tue, 05 May 2026 15:28:23 GMT 2026-05-05T15:28:23Z https://ir.unisa.ac.za/handle/10500/31172 The three pillars regulating international sales contracts on the African continent Wethmar-Lemmer, Marlene Thu, 19 Oct 2023 00:00:00 GMT https://ir.unisa.ac.za/handle/10500/31172 2023-10-19T00:00:00Z https://ir.unisa.ac.za/handle/10500/31124 The evolution of privacy governance in healthcare in post-apartheid South Africa Mahomed, Safia Thu, 16 Nov 2023 00:00:00 GMT https://ir.unisa.ac.za/handle/10500/31124 2023-11-16T00:00:00Z https://ir.unisa.ac.za/handle/10500/25548 Critical evaluation of the Constitutional duty to engage in collective bargaining Molusi, Angela Patricia The law regarding collective bargaining in South Africa has been interpreted in two ways; the Labour Relations Act (LRA) refers to a duty to bargain collectively, while the Constitution refers to a right to engage in collective bargaining. These two interpretations have been subjected to judicial criticism (SANDU v Minister of Defence 2003 3 SA 239 (T) I; SANDU v Minister of Defence 2004 4 SA 10 (T) II; and Minister of Defence v SANDU 2007 1 SA 422 (SCA) III (hereafter "SANDU I, II and III")). These cases are relevant in terms of the courts' interpretation of collective bargaining as a duty or freedom. They are currently the main cases dealing with this issue in South Africa. This has created doubt as to whether the distinction provides an acceptable basis to use the terms interchangeably, both by the courts as well as those involved in collective bargaining. The purpose of this paper is firstly to sketch the landscape of South Africa's collective bargaining jurisprudence, touching on the current legislation and secondly to give an overview of why collective bargaining is a necessary tool to balance power in the workplace. I shall examine the discourse as to whether the term "collective bargaining" creates a duty to participate (which can mean compelled) in collective bargaining on the part of the employer,as opposed to a right to engage in collective bargaining (which is voluntary). Lastly, the author will attempt to show the thread of how the courts have answered the question in case law (SANDU I, II and III supra). Fri, 01 Jan 2010 00:00:00 GMT https://ir.unisa.ac.za/handle/10500/25548 2010-01-01T00:00:00Z https://ir.unisa.ac.za/handle/10500/22936 Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme The Bachelor of Laws (LLB) degree programme should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal practitioners, but rather critical thinkers who can engage with the relationship between law and society in a meaningful way, and who recognise their duty to uphold the values of the Constitution of the Republic of South Africa, 1996 when performing their professional duties. Resultantly law teachers should construct learning environments that engage students in ways that help them develop creativity; embedded subject knowledge; and autonomous learning, critical thinking, and lifelong learning skills. A well-structured LLB degree programme should focus on this broader conception of legal education and a dissertation module as capstone course should be closely aligned with this objective. A greater academic influence could result in an academically rigorous degree programme that produces more mature graduates who possess competencies and attributes that exceed that which is demanded of them by legal practice. One way to establish a greater academic influence in a degree programme would be to include a final year dissertation module which demands that students illustrate the ability to think critically. The final year of a degree programme should provide the student with several opportunities aimed at culminating the learning experience and consolidating the skills and knowledge acquired throughout the preceding years of study. Capstone courses facilitate in-depth learning and should be employed to teach crucial skills related to the purpose of the degree. A compulsory dissertation module as capstone course, which embodies the pedagogical approach of transformative legal education, should be included in the revised curriculum of all law schools in South Africa. This dissertation module should demand that students engage critically with the principles of transformative constitutionalism in order to facilitate thinking that goes beyond traditional and conservative constructions of the South African legal system and its purpose. Such a dissertation could develop a student's metacognitive ability and result in the development of new legal skills, and the sharpening of existing skills. When producing a dissertation a student is learning to write as well as writing to learn. Crucially, the process of disserting also requires legal research skills and the ability to formulate effective research strategies. A law student who is capable of utilising various sources of law, synthesising the information found therein and presenting it effectively is illustrating elements of authentic learning. But this form of authentic learning in will be near impossible to achieve without the active guidance of a willing supervisor. Law teachers perpetuate legal culture and the supervisor-student relationship creates the opportunity to sculpt the culture instilled so that it may have the desired impact on the student. The supervisor could advance this process by empowering the student to construct critical and transformative views of South African law. A dissertation module presented in this manner could produce students who are able to engage with law constructively and who will graduate as responsible citizens and aspiring legal professionals who are excited about inspiring social justice and transformation in their communities. Sun, 01 Jan 2017 00:00:00 GMT https://ir.unisa.ac.za/handle/10500/22936 2017-01-01T00:00:00Z