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The status of magistrates as employees in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613570867396608 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/56994 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:15.015Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/56994 The status of magistrates as employees in South Africa Van Eck, B.P.S. leanadiedericks@gmail.com Diedericks, Leana Roseline Ruwayda UCTD Magistrates (South Africa) Administration of justice Judiciary independence Right to fair labour practice Law theses SDG-16 SDG-16: Peace, justice and strong institutions Mini Dissertation (LLM)--University of Pretoria, 2016. Magistrates in South Africa play a very important role in the administration of justice. They carry out both judicial and administrative duties to ensure that law and order are maintained. Because of the vital judicial role that magistrates play it is imperative that there should be certainty regarding the appropriate remedies that are available to them should their constitutional right to fair labour practices be infringed in the performance of their duties. In this regard section 23 of the Constitution of the Republic of South Africa, 1996 affords everyone the right to fair labour practices. This right has been given effect to by the enactment of the Labour Relations Act 66 of 1995 (LRA), which affords the right to fair labour practices to employees only. Even though magistrates are not specifically excluded from the scope and ambit of the LRA, uncertainty still prevails in South African law regarding their entitlement to the remedies provided for by labour law. It has been suggested that magistrates cannot be employees in view of the fact that the Constitution requires the judiciary to be independent. This dissertation aims to establish whether magistrates could be categorised as employees in terms of the traditional tests used to establish employment. It furthermore seeks to establish whether the constitutional guarantee of an independent judiciary and the existence of an employment relationship are mutually exclusive. tm2016 Mercantile Law LLM Unrestricted 2016-09-26T07:00:09Z 2016-09-26T07:00:09Z 2016-09-02 2016 Mini Dissertation Diedericks, LRR 2016, The status of magistrates as employees in South Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/56994> S2016 http://hdl.handle.net/2263/56994 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Magistrates (South Africa) Administration of justice Judiciary independence Right to fair labour practice Law theses SDG-16 SDG-16: Peace, justice and strong institutions The status of magistrates as employees in South Africa |
| title | The status of magistrates as employees in South Africa |
| title_full | The status of magistrates as employees in South Africa |
| title_fullStr | The status of magistrates as employees in South Africa |
| title_full_unstemmed | The status of magistrates as employees in South Africa |
| title_short | The status of magistrates as employees in South Africa |
| title_sort | status of magistrates as employees in south africa |
| topic | UCTD Magistrates (South Africa) Administration of justice Judiciary independence Right to fair labour practice Law theses SDG-16 SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/56994 |