Browsing by Author "le Roux, Rochelle"

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    Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana
    (2022) Gyesi, Solomon; le Roux, Rochelle
    This minor dissertation explores the standards set by the International Labour Organisation (ILO) on the reasons and procedure for termination of employment of employees as provided in ILO Convention 158. The reasons ILO approves as justifiable grounds for termination of contract employment include misconduct, incapacity and operational requirement. Though both Ghana and South Africa have not ratified the Termination of Employment Convention 1982, the former has developed elaborate labour legislations and case laws as vanguard for the protection of employment. Using a comparative approach, the dissertation examines the definition and court's interpretation of concepts of termination of employment and dismissals in Ghana and South Africa. The dissertation also compared the codified statutory procedures employers must follow prior to dismissal and came to the conclusion that Ghana lacks such precision and certainty in the substantive and procedural requirement for termination of employment. Though there are instances of similarities in Ghana and South African laws on termination of employment, there are several other areas Ghana can learn from South Africa. For this reason, the dissertation recommends amendments to the Labour Act of Ghana to include the safeguards identified in South Africa into Ghana's labour law.
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    The determination of qualification criteria in public procurement law: a comparative analysis between South Africa and Germany
    (2025) Jonathan, Möller; le Roux, Rochelle; Corder , Hugh
    This dissertation compares South African and German public procurement law and their definitions of qualification criteria. In order to compare the two systems, it is essential to understand both procurement law systems with regard to their application, basic principles, objectives and challenges. Qualification criteria are essential in the procurement procedure and seek to determine the suitability of bidders. This involves checking whether the bidder is able to properly perform the subsequent contract. The criteria relate to, for example, the bidder's experience, personnel, technical capacities or company values. In addition to the primary objectives of the specific contract, secondary objectives can also be pursued using the award procedure, particularly when defining qualification criteria. Secondary objectives are, for example, social or sustainability objectives. In South Africa, this applies particularly to the area of black economic empowerment. In Germany, secondary objectives may be climate and environmental protection. Both procurement law regimes are subject to constant change, especially at present. In South Africa, the draft Procurement Bill was adopted on 16 May 2024 and became law as the Public Procurement Act on 23 July 2024. There will be a review process over the next two years that may bring changes. In Germany, the reform of procurement law is being discussed. The determination of qualification criteria plays an important role in the proper performance of the specific contract, while also achieving other objectives. The determination of qualification criteria is therefore an important aspect of the procurement system which must always be taken into account when changes are made to the procurement system.
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    Youth athlete protection in regard to the European sports charter and the code of ethics
    (2004) von Bothmer, Felix; le Roux, Rochelle
    For many youth athletes sport is an enjoyable activity but not for everyone. Some will have their lives destroyed during those years when they are active in sport. Prevention of the abuse that occurs against children and young people is high on the political agenda in many countries in Europe. Until recently, however, this issue has not received much attention in the sporting arena, probably because sport has been associated by most people with fair play, ethical values and high moral standards. In addition, many sport organisations regarded sport as being on the site of political neutrality. Consequently, they have been slow to embrace the principles of equal rights which are enshrined in other public organisations. In this paper, the various forms of abuse and maltreatment that may occur to youth athletes during their participation in sporting activities are demonstrated while focusing on the one side on sexually and on the other side on commercially motivated abuse of the youth athletes. After pointing out the most prevalent and disturbing consequences of youth athletes abuse in sport, the paper deals with the obligation to protect the young athletes. In this context, the role of the Council of Europe and the responsibility of its member states as well as the parents of the young athletes are analysed. The focus however, will be on the responsibility of the sport organisations, who hold control over the sports movement, to implement policies and procedures. At the end, different measures which may help minimising the abuse of youth athletes are introduced. However, it is clear that not the implementation of a single measure alone may offer an effective protection of the youth athletes but an implementation of a combination of various measures on different levels may enhance the possibility of success in fighting the abuse and harassment of youth athletes in sport.