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Legal representation at the commission for conciliation mediation and arbitration
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613439530106880 |
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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 | © 2018 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, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65705 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:10.076Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| 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:2263/65705 Legal representation at the commission for conciliation mediation and arbitration Van Eck, B.P.S. victorn@nokoinc.co.za Smit, Paul Andries Noko, Mokate Victor UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. The right to legal representation at the Commission for Conciliation, Mediation and Arbitration was initially not recognized in South Africa as it was not recognized by the Roman Dutch Law in respect of administrative tribunals. This right was gradually introduced into administrative tribunals although exercisable only with the consent of all parties. The position was subsequently modified and the right can now only be exercised subject to the discretion of the arbitrator although that right is not automatically available to misconduct and incapacity hearings. The question became whether the limitation in the exercise of the right is justifiable more particularly since the dawn of the new constitution in South Africa. There are two cases which were decided by the Supreme Court of Appeal where it was stated that the limitation is not unconstitutional. Both cases were referred to the Constitutional Court which could not make an unequivocal pronouncement on this issue. With this background this mini-dissertation seeks to examine whether the Constitutional Court is likely to decide consistently with the Supreme Court of Appeal or would find in favour of the disputants claiming that the limitation is unconstitutional. The mini-dissertation will in addition present a comparative survey from different jurisdictions on the right to legal representation, challenges faced by the dispute resolution institutions and possible solutions. Mercantile Law LLM Unrestricted 2018-07-16T07:56:12Z 2018-07-16T07:56:12Z 2018/04/17 2017 Mini Dissertation Noko, MV 2017, Legal representation at the commission for conciliation mediation and arbitration, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65705> A2018 http://hdl.handle.net/2263/65705 en © 2018 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 Legal representation at the commission for conciliation mediation and arbitration |
| title | Legal representation at the commission for conciliation mediation and arbitration |
| title_full | Legal representation at the commission for conciliation mediation and arbitration |
| title_fullStr | Legal representation at the commission for conciliation mediation and arbitration |
| title_full_unstemmed | Legal representation at the commission for conciliation mediation and arbitration |
| title_short | Legal representation at the commission for conciliation mediation and arbitration |
| title_sort | legal representation at the commission for conciliation mediation and arbitration |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65705 |