A critical assessment of credit provision governance in South Africa with a focus on balancing the rights and responsibilities of credit providers and consumers under Section 129 of the National Credit Act 34 of 2005
- Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Authors: Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Date: 2022-05
- Subjects: Debtor and creditor -- South Africa , Credit control -- Law and legislation -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26715 , vital:65967
- Description: The National Credit Act of 2005 (the NCA), described as the fourth generation of consumer protection legislation in South Africa, is the product of an initiative by the Department of Trade and Industry to address the shortcomings of the third generation of consumer protection legislation, being the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The NCA seeks to unify legislation and departs radically from the old dispensation. Its aims are, inter alia, to provide a fair and non-discriminatory marketplace, to prohibit unfair credit practices and reckless lending, to establish national norms and standards relating to consumer credit and to promote a consistent enforcement framework relating to consumer credit. Through enactment of the NCA the government appears to have focused on the protection of consumers through pre-enforcement procedures, prohibitions on reckless lending practices, prevention of over-indebtedness, alleviation of over indebtedness, and an array of other measures. This protection is deemed necessary due to the relative unequal bargaining power between the credit provider (provider) and the consumer at the time of conclusion of an agreement. This consumer protection has, however, sometimes come at the cost of provider protection. Despite these endeavours, there is still the inevitably common occurrence of breach of the agreement by consumers and the ensuing recovery process available to providers. The relationship between the two major role players – the provider and consumer - is the epicentre of any discussion, theory or legislative enactment pertaining to credit. This study commences with an examination of the historical background and rationale for the NCA, putting into context the rules and regulations which govern the relationship between the parties when an agreement is breached as well as the remedies and recourses that are available to the aggrieved party in terms of the NCA. The common law, which acts as a stabiliser especially when there are legislative changes, is examined in relation to preenforcement procedures, breach and the remedies as affected by the NCA. The equitable balancing of the rights and responsibilities of these two major role players is essential to the continued well-being of not only the parties but also the credit industry and economy as a whole. The most common way for individuals to purchase any large asset like a home or motor vehicle is to approach a financial institution for provision of a loan or credit agreement. To protect its interest, the financial institution would normally register a mortgage bond over the property or hold the title of the motor vehicle until all instalments have been settled. The problem arises when the consumer defaults on repayment of the loan or credit agreement. The financial institution would then be forced to institute legal proceedings to for example foreclose on the bond and repossess the property or motor vehicle. The preenforcement procedure finds itself in the centre of the tug of war between the parties in that this is the area and time that both parties require their rights and interests to be protected. The pre-enforcement procedures determine to a large extent, if properly implemented, how many agreements are seen to successful finalisation versus the alternative of those being cancelled and / or enforcement pursued through litigation by the provider. Successful implementation of agreements and repayment of debt would support a healthy credit industry and therefore, a strong economy. This is also the favoured outcome by the NCA. Section 129 of the NCA encapsulates the pre-enforcement procedure and thus determines balancing the parties’ rights and responsibilities through its interpretation and application. The section, however, would appear to fall short in that the delivery requirement of the notice is not adequately defined and has therefore resulted in many disputes, interpretations and two subsequent amendments to the section by the National Credit Amendment Act of 2014 and 2019. The purpose of this study is to critically analyse section 129 of the NCA and determine if the rights of both the consumer and provider have been equally protected, with particular reference to the burden of bringing the section 129 notice to the attention of the consumer. The question posed by all parties involved is always inevitably: Must the section 129 notice come to the actual knowledge of the consumer in order for it to be valid? The answer to this question has varied between two schools of thought. The first school of thought, being the pro-provider approach, answers the question in the negative and holds that as long as the provider has met certain delivery requirements their duty has been fulfilled whether or not the consumer actually receives the notice. The second school of thought, being the pro-consumer approach, answers the questions in the affirmative and requires the provider to carry the burden of ensuring the consumer actually receives the notice in order for it to be valid. There are numerous reasons in support of both schools of thought. It is hoped that this study will make a helpful contribution to the balanced interpretation of section 129. The study aims to provide a consistent interpretation of the section whilst balancing the rights of the consumer and provider respectively. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Date: 2022-05
- Subjects: Debtor and creditor -- South Africa , Credit control -- Law and legislation -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26715 , vital:65967
- Description: The National Credit Act of 2005 (the NCA), described as the fourth generation of consumer protection legislation in South Africa, is the product of an initiative by the Department of Trade and Industry to address the shortcomings of the third generation of consumer protection legislation, being the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The NCA seeks to unify legislation and departs radically from the old dispensation. Its aims are, inter alia, to provide a fair and non-discriminatory marketplace, to prohibit unfair credit practices and reckless lending, to establish national norms and standards relating to consumer credit and to promote a consistent enforcement framework relating to consumer credit. Through enactment of the NCA the government appears to have focused on the protection of consumers through pre-enforcement procedures, prohibitions on reckless lending practices, prevention of over-indebtedness, alleviation of over indebtedness, and an array of other measures. This protection is deemed necessary due to the relative unequal bargaining power between the credit provider (provider) and the consumer at the time of conclusion of an agreement. This consumer protection has, however, sometimes come at the cost of provider protection. Despite these endeavours, there is still the inevitably common occurrence of breach of the agreement by consumers and the ensuing recovery process available to providers. The relationship between the two major role players – the provider and consumer - is the epicentre of any discussion, theory or legislative enactment pertaining to credit. This study commences with an examination of the historical background and rationale for the NCA, putting into context the rules and regulations which govern the relationship between the parties when an agreement is breached as well as the remedies and recourses that are available to the aggrieved party in terms of the NCA. The common law, which acts as a stabiliser especially when there are legislative changes, is examined in relation to preenforcement procedures, breach and the remedies as affected by the NCA. The equitable balancing of the rights and responsibilities of these two major role players is essential to the continued well-being of not only the parties but also the credit industry and economy as a whole. The most common way for individuals to purchase any large asset like a home or motor vehicle is to approach a financial institution for provision of a loan or credit agreement. To protect its interest, the financial institution would normally register a mortgage bond over the property or hold the title of the motor vehicle until all instalments have been settled. The problem arises when the consumer defaults on repayment of the loan or credit agreement. The financial institution would then be forced to institute legal proceedings to for example foreclose on the bond and repossess the property or motor vehicle. The preenforcement procedure finds itself in the centre of the tug of war between the parties in that this is the area and time that both parties require their rights and interests to be protected. The pre-enforcement procedures determine to a large extent, if properly implemented, how many agreements are seen to successful finalisation versus the alternative of those being cancelled and / or enforcement pursued through litigation by the provider. Successful implementation of agreements and repayment of debt would support a healthy credit industry and therefore, a strong economy. This is also the favoured outcome by the NCA. Section 129 of the NCA encapsulates the pre-enforcement procedure and thus determines balancing the parties’ rights and responsibilities through its interpretation and application. The section, however, would appear to fall short in that the delivery requirement of the notice is not adequately defined and has therefore resulted in many disputes, interpretations and two subsequent amendments to the section by the National Credit Amendment Act of 2014 and 2019. The purpose of this study is to critically analyse section 129 of the NCA and determine if the rights of both the consumer and provider have been equally protected, with particular reference to the burden of bringing the section 129 notice to the attention of the consumer. The question posed by all parties involved is always inevitably: Must the section 129 notice come to the actual knowledge of the consumer in order for it to be valid? The answer to this question has varied between two schools of thought. The first school of thought, being the pro-provider approach, answers the question in the negative and holds that as long as the provider has met certain delivery requirements their duty has been fulfilled whether or not the consumer actually receives the notice. The second school of thought, being the pro-consumer approach, answers the questions in the affirmative and requires the provider to carry the burden of ensuring the consumer actually receives the notice in order for it to be valid. There are numerous reasons in support of both schools of thought. It is hoped that this study will make a helpful contribution to the balanced interpretation of section 129. The study aims to provide a consistent interpretation of the section whilst balancing the rights of the consumer and provider respectively. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
A critical examination of civil enforcement of competition law under section 65(6) of the Competition Act 89 of 1998: a comparative study
- Authors: Pepeteni, Hlengiwe C
- Date: 2022-05
- Subjects: Antitrust law , Law enforcement
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28455 , vital:74335
- Description: Since the enactment of the Competition Act 89 of 1998 enforcement of competition law has steadily been on the rise particularly informed by public enforcement. Recently, some judgments have been delivered by the enforcement institutions established by the Act. The latter judgments have landed themselves before civil courts lodged by private individuals. In almost all the cases are individuals who suffered harm due to a prohibited practice committed by firms in breach of section 8 of the Act regulating abuse of dominance. The challenge/difficulty that courts are facing so far is that the Act makes provision for compensation only where firms are found to have breached the Act through the public enforcement process. As regards private enforcement, the Act is not clear. The latter is a challenge when private individuals wish to be compensated. The rules of interpretation are not clear on what route must be followed by individual victims of a breach of abuse of dominance by firms. Section 65 of the Competition Act provides that the civil courts may adjudicate on private civil claims of competition law if and when the competition authorities have ruled that the firm in question has committed prohibited conduct in terms of the Competition. Therefore, the thorny question is whether section 65(6) of the Competition Act refers to or can be interpreted to refer to a common law delictual or statutory claim. The understanding of how the section must be interpreted is important because the understanding of this will make it certain what consequences flow from the section. Currently, few cases have already been decided on the subject, however, the cases have given conflicting interpretations of the section, the study therefore, seeks to investigate whether section 65(6) gives rise to a statutory or a common law delictual claim. , Thesis (LLM) -- Faculty of Laws, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Pepeteni, Hlengiwe C
- Date: 2022-05
- Subjects: Antitrust law , Law enforcement
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28455 , vital:74335
- Description: Since the enactment of the Competition Act 89 of 1998 enforcement of competition law has steadily been on the rise particularly informed by public enforcement. Recently, some judgments have been delivered by the enforcement institutions established by the Act. The latter judgments have landed themselves before civil courts lodged by private individuals. In almost all the cases are individuals who suffered harm due to a prohibited practice committed by firms in breach of section 8 of the Act regulating abuse of dominance. The challenge/difficulty that courts are facing so far is that the Act makes provision for compensation only where firms are found to have breached the Act through the public enforcement process. As regards private enforcement, the Act is not clear. The latter is a challenge when private individuals wish to be compensated. The rules of interpretation are not clear on what route must be followed by individual victims of a breach of abuse of dominance by firms. Section 65 of the Competition Act provides that the civil courts may adjudicate on private civil claims of competition law if and when the competition authorities have ruled that the firm in question has committed prohibited conduct in terms of the Competition. Therefore, the thorny question is whether section 65(6) of the Competition Act refers to or can be interpreted to refer to a common law delictual or statutory claim. The understanding of how the section must be interpreted is important because the understanding of this will make it certain what consequences flow from the section. Currently, few cases have already been decided on the subject, however, the cases have given conflicting interpretations of the section, the study therefore, seeks to investigate whether section 65(6) gives rise to a statutory or a common law delictual claim. , Thesis (LLM) -- Faculty of Laws, 2022
- Full Text:
- Date Issued: 2022-05
A netnographic analysis of complaints and service responses on selected South African banks' Twitter handles
- Authors: Poswa, Ziyanda
- Date: 2022-05
- Subjects: Digital ethnology
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23438 , vital:57731
- Description: This study is a Netnographic investigation of numerous customer complaints and service responses on selected South African (SA) banks’ Twitter handles. The fulcrum of the study is significantly linked to the Justice theories which thus form the underpinning theories of the study. The study is based on qualitative data derived from selected SA banks’ Twitter handles for duration of at least three months. The study has its philosophy or paradigm deeply rooted in the Interpretivism paradigm. The qualitative research approach is then employed in the study along with the exploratory research design which allows the extrapolation of meaningful conclusions on the findings of the investigation based on the secondary data extracted from 1286 complaints on selected SA banks’ Twitter handles. The researcher makes use of thematic analysis to categorise, investigate, consolidate, define, and create reports on the themes identified in the data set thus enabling the drawing of meaningful inferences. The researcher’s findings point out that customer complaints generally spring from outcome service failure. Outcome service failure defines occurrences where clients are disappointed with banking services or the banking experience regardless of the service or product purchased. Complaints also emanated from process service failures which mostly describe incomplete service delivery. It is thus critically recommended that banks must make sure that process failures are curtailed through an effective improvement of the value chain system. This will also take into account a proper training of banking services personnel and staff. Furthermore, it is also suggested that increased mentoring, and improving or standardising training methods might help to improve bank employee service performance hence reducing incidents of failure. A closer look at the justice theories, it is identified in the study that, banks must try to uphold by all means through effective use of distributive justice service recovery. This is through the application of fairness and courtesy when addressing customer complaints especially on public social platforms such as Twitter. Eventually, this results in increased customer satisfaction and repeated patronage for the respective banks. Through interactional justice service recovery, banks are compelled to try in every way possible not to automate their responses to client complaints in their various or different manner. Procedural justice recovery suggests that banks should take into 3 cognizance better and more effective avenues of promptly responding to their clients hence improving the effectiveness of their service recovery processes. , Thesis (MCom) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Poswa, Ziyanda
- Date: 2022-05
- Subjects: Digital ethnology
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23438 , vital:57731
- Description: This study is a Netnographic investigation of numerous customer complaints and service responses on selected South African (SA) banks’ Twitter handles. The fulcrum of the study is significantly linked to the Justice theories which thus form the underpinning theories of the study. The study is based on qualitative data derived from selected SA banks’ Twitter handles for duration of at least three months. The study has its philosophy or paradigm deeply rooted in the Interpretivism paradigm. The qualitative research approach is then employed in the study along with the exploratory research design which allows the extrapolation of meaningful conclusions on the findings of the investigation based on the secondary data extracted from 1286 complaints on selected SA banks’ Twitter handles. The researcher makes use of thematic analysis to categorise, investigate, consolidate, define, and create reports on the themes identified in the data set thus enabling the drawing of meaningful inferences. The researcher’s findings point out that customer complaints generally spring from outcome service failure. Outcome service failure defines occurrences where clients are disappointed with banking services or the banking experience regardless of the service or product purchased. Complaints also emanated from process service failures which mostly describe incomplete service delivery. It is thus critically recommended that banks must make sure that process failures are curtailed through an effective improvement of the value chain system. This will also take into account a proper training of banking services personnel and staff. Furthermore, it is also suggested that increased mentoring, and improving or standardising training methods might help to improve bank employee service performance hence reducing incidents of failure. A closer look at the justice theories, it is identified in the study that, banks must try to uphold by all means through effective use of distributive justice service recovery. This is through the application of fairness and courtesy when addressing customer complaints especially on public social platforms such as Twitter. Eventually, this results in increased customer satisfaction and repeated patronage for the respective banks. Through interactional justice service recovery, banks are compelled to try in every way possible not to automate their responses to client complaints in their various or different manner. Procedural justice recovery suggests that banks should take into 3 cognizance better and more effective avenues of promptly responding to their clients hence improving the effectiveness of their service recovery processes. , Thesis (MCom) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
A review of the performance management system in municipalities: a case Study of Mnquma Local Municipality
- Yalezo, Yanga https://orcid.org/0000-0003-1663-6559
- Authors: Yalezo, Yanga https://orcid.org/0000-0003-1663-6559
- Date: 2022-05
- Subjects: Performance -- Management , Performance standards , Job evaluation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26885 , vital:66039
- Description: Mnquma Local Municipality is a category B municipality situated in Butterworth in the Eastern Cape with the population of 250 000. Mnquma Local Municipality has a mandate of ensuring that quality services are delivered to its counterparts. Mnquma Local Municipality has a performance management system in place used as a tool to fulfil the mandate. Performance management system is a system that is meant to ensure that the goals and objectives of organisations are achieved. PMS is used worldwide by both the private and public sectors. PMS was first used by the private sector to maximise profits and to minimise poor performance. The public sector also decided to introduce PMS in order to improve the quality-of-service delivery to the public. As such, PMS is a tool that is used to monitor, review, evaluate and assess performance of individual employees. PMS in the public sector especially in the local sphere of government is very important because municipalities are closest to the citizens and are at the core of service delivery. This study sought to investigate how PMS at Mnquma Local Municipality in the Eastern Cape Province was utilised. The study utilised qualitative data collection and analysis techniques. Fourteen respondents were interviewed in order to get a better understanding of PMS at Mnquma Local Municipality. Data was analysed using thematic content analysis. The theoretical framework used in this study is goal-setting theory and control theory of performance management system The key findings of the study were: the respondents regarded PMS as “tool” utilised to carry-out work in the municipality. Respondents believe that somehow all the employees are subjected to PMS one way or another whether knowingly or not. Municipality should offer employees performance bonuses to motivate them to achieve goals and objectives of the municipality. The recommendations are: the municipality should cascade the PMS to the lower-level employee of the municipality. The municipality should offer bonuses to the employees to elevate the performance of individual employees and to ensure that the goals and objects are achieved. , Thesis (MPA) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Yalezo, Yanga https://orcid.org/0000-0003-1663-6559
- Date: 2022-05
- Subjects: Performance -- Management , Performance standards , Job evaluation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26885 , vital:66039
- Description: Mnquma Local Municipality is a category B municipality situated in Butterworth in the Eastern Cape with the population of 250 000. Mnquma Local Municipality has a mandate of ensuring that quality services are delivered to its counterparts. Mnquma Local Municipality has a performance management system in place used as a tool to fulfil the mandate. Performance management system is a system that is meant to ensure that the goals and objectives of organisations are achieved. PMS is used worldwide by both the private and public sectors. PMS was first used by the private sector to maximise profits and to minimise poor performance. The public sector also decided to introduce PMS in order to improve the quality-of-service delivery to the public. As such, PMS is a tool that is used to monitor, review, evaluate and assess performance of individual employees. PMS in the public sector especially in the local sphere of government is very important because municipalities are closest to the citizens and are at the core of service delivery. This study sought to investigate how PMS at Mnquma Local Municipality in the Eastern Cape Province was utilised. The study utilised qualitative data collection and analysis techniques. Fourteen respondents were interviewed in order to get a better understanding of PMS at Mnquma Local Municipality. Data was analysed using thematic content analysis. The theoretical framework used in this study is goal-setting theory and control theory of performance management system The key findings of the study were: the respondents regarded PMS as “tool” utilised to carry-out work in the municipality. Respondents believe that somehow all the employees are subjected to PMS one way or another whether knowingly or not. Municipality should offer employees performance bonuses to motivate them to achieve goals and objectives of the municipality. The recommendations are: the municipality should cascade the PMS to the lower-level employee of the municipality. The municipality should offer bonuses to the employees to elevate the performance of individual employees and to ensure that the goals and objects are achieved. , Thesis (MPA) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
Challenges experienced by Economics teachers without specialization in the subject in Amathole West Education District
- Williams, Thandile https://orcid.org/0009-0005-4143-4248
- Authors: Williams, Thandile https://orcid.org/0009-0005-4143-4248
- Date: 2022-05
- Subjects: Economics -- Study and teaching (Secondary) , Economics -- Study and teaching
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26007 , vital:64780
- Description: The purpose of the study was to investigate the challenges experienced by senior secondary school teachers teaching Economics without specialization in the subject. The study was done in three senior secondary schools in the Amathole West Education District in the Eastern Cape Province in South Africa. The intention of the study was to ascertain the challenges these teachers faced in teaching the subject and come up with strategies that can be used to support them. The study adopted a qualitative research approach that used face-to-face interviews and document reviews to collect the required data. Purposive sampling was used to select those who participated in the study. The participants were four educators who teach Economics without specialization, one School Management Team (SMT) member, one principal, and one subject advisor. Semi-structured interviews were used to collect required data from all the participants. Systems Theory and Pedagogical Content Knowledge are the Theoretical Frameworks that this study aligned itself with and relevant literature was also reviewed in the study. The study revealed reasons for teachers to teach Economics without specialization, challenges faced by these teachers, how these teachers cope with the challenges they face, and the support provided to these teachers. Based on the findings revealed by the study, some recommendations have been made. The major ones are: teachers teaching subjects without specialization in the subject should be reallocated to teach the subjects they specialized in, and/or the teachers should enrol for a study course(s) specially designed for them to capacitate themselves, and the Department of Education must fund these courses for these teachers. , Thesis (MEd) -- Faculty of Education, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Williams, Thandile https://orcid.org/0009-0005-4143-4248
- Date: 2022-05
- Subjects: Economics -- Study and teaching (Secondary) , Economics -- Study and teaching
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26007 , vital:64780
- Description: The purpose of the study was to investigate the challenges experienced by senior secondary school teachers teaching Economics without specialization in the subject. The study was done in three senior secondary schools in the Amathole West Education District in the Eastern Cape Province in South Africa. The intention of the study was to ascertain the challenges these teachers faced in teaching the subject and come up with strategies that can be used to support them. The study adopted a qualitative research approach that used face-to-face interviews and document reviews to collect the required data. Purposive sampling was used to select those who participated in the study. The participants were four educators who teach Economics without specialization, one School Management Team (SMT) member, one principal, and one subject advisor. Semi-structured interviews were used to collect required data from all the participants. Systems Theory and Pedagogical Content Knowledge are the Theoretical Frameworks that this study aligned itself with and relevant literature was also reviewed in the study. The study revealed reasons for teachers to teach Economics without specialization, challenges faced by these teachers, how these teachers cope with the challenges they face, and the support provided to these teachers. Based on the findings revealed by the study, some recommendations have been made. The major ones are: teachers teaching subjects without specialization in the subject should be reallocated to teach the subjects they specialized in, and/or the teachers should enrol for a study course(s) specially designed for them to capacitate themselves, and the Department of Education must fund these courses for these teachers. , Thesis (MEd) -- Faculty of Education, 2022
- Full Text:
- Date Issued: 2022-05
Examination of the interpretation of public interest considerations: an evaluation of mergers under the Competition Act 1998
- Ndiki, Namhla https://orcid.org/0000-0002-3686-4287
- Authors: Ndiki, Namhla https://orcid.org/0000-0002-3686-4287
- Date: 2022-05
- Subjects: Antitrust law , Public interest law
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28497 , vital:74343
- Description: The assessment of mergers is firstly whether they will lessen or prevent competition, secondly whether there are any technological or pro-competitive gains justifying an otherwise anticompetitive merger, and lastly whether they are justified on grounds of public interests. Section 12A(3) of the Competition Act states that when determining whether a merger can or cannot be justified on public interest grounds the Competition Commission or the Competition Tribunal must consider several factors. These include: the effect that the merger will have on a particular industrial sector or region, employment, the ability of small businesses or firms controlled or owned by historically disadvantaged persons to enter into, compete, expand in the market, and the ability of national industries to compete in international markets as well as the promotion of a greater spread of ownership, in particular, to increase the levels of ownership by historically disadvantaged persons and workers in firms in the market. Therefore, this study seeks to determine whether courts have brought the public interests principles to bear when interpreting agreements parties enter into to facilitate mergers. To this study, the latter question is important because it seeks to determine whether public interests are given effect to when considering the historical imbalance/context from which South African competition law comes. , Thesis (LLM) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Ndiki, Namhla https://orcid.org/0000-0002-3686-4287
- Date: 2022-05
- Subjects: Antitrust law , Public interest law
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28497 , vital:74343
- Description: The assessment of mergers is firstly whether they will lessen or prevent competition, secondly whether there are any technological or pro-competitive gains justifying an otherwise anticompetitive merger, and lastly whether they are justified on grounds of public interests. Section 12A(3) of the Competition Act states that when determining whether a merger can or cannot be justified on public interest grounds the Competition Commission or the Competition Tribunal must consider several factors. These include: the effect that the merger will have on a particular industrial sector or region, employment, the ability of small businesses or firms controlled or owned by historically disadvantaged persons to enter into, compete, expand in the market, and the ability of national industries to compete in international markets as well as the promotion of a greater spread of ownership, in particular, to increase the levels of ownership by historically disadvantaged persons and workers in firms in the market. Therefore, this study seeks to determine whether courts have brought the public interests principles to bear when interpreting agreements parties enter into to facilitate mergers. To this study, the latter question is important because it seeks to determine whether public interests are given effect to when considering the historical imbalance/context from which South African competition law comes. , Thesis (LLM) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
Exploring the role of the Department of Social Development on the integrated school health programme in the Buffalo City Municipality .
- Authors: Nokama, Busisa Antoinette
- Date: 2022-05
- Subjects: Children--Health and hygiene. , School nursing. , Employee health promotion.
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22198 , vital:51997
- Description: If one’s health is a state of wellbeing then the role of social development is key in the implementation of the Integrated School Health Programme (ISHP) as it includes treatment and prevention of psychosocial dysfunction. The purpose of the study was to explore the role of the Department of Social Development (DSD) within the ISHP in Buffalo City Municipality. DSD services are complex hence the need active collaboration to ensure delivery of multi-sectoral services. Covid-19 evidently shows the link between physical, emotional and academic success (OECD, 2020). The trauma and challenges faced by learners’ manifests through behavioral problems that social workers and counsellors can address more effectively. Social work practice aims to treat and prevent psychosocial dysfunction, thus social workers remain integral in addressing social determinants of health. The challenges in the implementation of ISHP began at policy development, moreover they were exacerbated by poor coordination and management of the ISHP. The legislative framework however affords learners the right to protective care and support. The role of social development is not limited to transportation but has been captured through psychosocial support. The study suitably employed a qualitative research design to examine how the participants make sense of the Integrated School Health Programme and to provide a comprehensive description of the complex role of the DSD in the provision of psychosocial support. 15 participants from DOH, DoE and DSD were interviewed to capture the perspective of all three (3) departments. The findings indicated how the development of the policy impacts implementation. The DSD is participating in the implementation of ISHP, however the failure of the policy to capture the role of the DSD, hinders the DSD from full participation. The study also found a lack of resourcesto support implementation and often struggle to get learners but implementation varies. Conclusively, the study recommends the need for the departments to develop a Memorandum of Understanding, Terms of reference as well as Integrated Implementation plans in an effort to support and close the gaps identified in the policy. Collaboration was found to be an effective strategy to enhance resource mobilization. Coordination and Management still need to be strengthened, including accountability. , Thesis (MPA) -- University of Fort Hare, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Nokama, Busisa Antoinette
- Date: 2022-05
- Subjects: Children--Health and hygiene. , School nursing. , Employee health promotion.
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22198 , vital:51997
- Description: If one’s health is a state of wellbeing then the role of social development is key in the implementation of the Integrated School Health Programme (ISHP) as it includes treatment and prevention of psychosocial dysfunction. The purpose of the study was to explore the role of the Department of Social Development (DSD) within the ISHP in Buffalo City Municipality. DSD services are complex hence the need active collaboration to ensure delivery of multi-sectoral services. Covid-19 evidently shows the link between physical, emotional and academic success (OECD, 2020). The trauma and challenges faced by learners’ manifests through behavioral problems that social workers and counsellors can address more effectively. Social work practice aims to treat and prevent psychosocial dysfunction, thus social workers remain integral in addressing social determinants of health. The challenges in the implementation of ISHP began at policy development, moreover they were exacerbated by poor coordination and management of the ISHP. The legislative framework however affords learners the right to protective care and support. The role of social development is not limited to transportation but has been captured through psychosocial support. The study suitably employed a qualitative research design to examine how the participants make sense of the Integrated School Health Programme and to provide a comprehensive description of the complex role of the DSD in the provision of psychosocial support. 15 participants from DOH, DoE and DSD were interviewed to capture the perspective of all three (3) departments. The findings indicated how the development of the policy impacts implementation. The DSD is participating in the implementation of ISHP, however the failure of the policy to capture the role of the DSD, hinders the DSD from full participation. The study also found a lack of resourcesto support implementation and often struggle to get learners but implementation varies. Conclusively, the study recommends the need for the departments to develop a Memorandum of Understanding, Terms of reference as well as Integrated Implementation plans in an effort to support and close the gaps identified in the policy. Collaboration was found to be an effective strategy to enhance resource mobilization. Coordination and Management still need to be strengthened, including accountability. , Thesis (MPA) -- University of Fort Hare, 2022
- Full Text:
- Date Issued: 2022-05
Investigating the impact of psychological capital on job burnout amongst the nurses at Victoria hospital Alice, Eastern Cape province
- Malinge, Ziyanda https://orcid.org/0000-0003-4504-7964
- Authors: Malinge, Ziyanda https://orcid.org/0000-0003-4504-7964
- Date: 2022-05
- Subjects: Burn out (Psychology) , Human capital--Psychological aspects
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23405 , vital:57728
- Description: The study investigates the impact of psychological capital on job burnout among the nurses at Victoria hospital at Alice, Eastern Cape. Explanatory survey research design was used in this study. Sampling techniques such as convenience method and also adopted purposive sampling were used in this study, and the data collected used a validated survey questionnaire. Out of 150 questionnaires distributed to the nurses at Victoria hospital, only 92 were answered. However, the researcher analysed data using descriptive and inferential statistics through Pearson Correlation Analysis and Multiple Regression Analysis. The statistical descriptions of respondents’ biographic and occupational data were all from Victoria hospital nurses. In terms of the participant’s age, between the age of 23-27, it is 18.5%, between 28-32, it is 15.2%, between 29-33, it is 18.4%, between 34-38, it is 14.3%, between 39-43, it is 15.3%, between 44-48, it is 12%, between 49-53, it is 8.8%, and lastly between 54-58, it is 13%. In terms of gender, 31.5% were male participants and 68.5% were female participants. In terms of occupational categories, nurses who are working at senior management positions are at 8.9%, professional nurses at 48.9% and non-professional nurses at 42.2%. In terms of marital status, married participants were at 35.2%, single, 56.0% and widows at 8.8%. In terms of working experience, the years range from one to above 16 years. 48.9% were participants who had 1-5 years working experience, 27.2% were participants with 6-10 experience, 8.7%, who had 11-15 years, and lastly 15.2% were the participants who had 16 years and above working experience. In terms of educational qualifications, participants with grade 12 were at 24.4%, diploma 40.0%, degree 33.3% and lastly were postgraduates participants at 2.2%. The final findings indicated that there is a significant negative relationship between self-efficacy and job burnout, r=-0.437, p<0.01, that there is a significant negative relationship between hope and job burnout, r= -0.457, p<0.01, that there is a significant negative relationship between resilience and job burnout, r= - 0.312 p<0.1 and that there is a significant negative relationship between optimism and job burnout, r= -0.287 p<0.01. Other findings showed that there is a significant independent impact of self-efficacy on job burnout, B= -0.760, t= -1.394, p>0.05, there is no significant independent impact of hope on job burnout, that B= -1.282 t= -2.280, p<0.05, there is no significant impact of resilience on job burnout, B= 0.009, t= 0.22 p>0.05, and lastly, there is no significant independent impact of optimism on job burnout, B= 0.919 t=1.594, p>0.05. Last findings showed that there is a significant joint impact of psychological capital dimensions, F=6.671, R2= 0.243, p<0.01. In conclusion, it is confirmed that there is no significant relationship between psychological capital dimensions and job burnout, secondly, there is a significant independent impact of psychological capital dimensions and job burnout. Lastly, there is a significant positive jointly impact of psychological capital dimensions on job burnout. , Thesis (MCom: IPS) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Malinge, Ziyanda https://orcid.org/0000-0003-4504-7964
- Date: 2022-05
- Subjects: Burn out (Psychology) , Human capital--Psychological aspects
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23405 , vital:57728
- Description: The study investigates the impact of psychological capital on job burnout among the nurses at Victoria hospital at Alice, Eastern Cape. Explanatory survey research design was used in this study. Sampling techniques such as convenience method and also adopted purposive sampling were used in this study, and the data collected used a validated survey questionnaire. Out of 150 questionnaires distributed to the nurses at Victoria hospital, only 92 were answered. However, the researcher analysed data using descriptive and inferential statistics through Pearson Correlation Analysis and Multiple Regression Analysis. The statistical descriptions of respondents’ biographic and occupational data were all from Victoria hospital nurses. In terms of the participant’s age, between the age of 23-27, it is 18.5%, between 28-32, it is 15.2%, between 29-33, it is 18.4%, between 34-38, it is 14.3%, between 39-43, it is 15.3%, between 44-48, it is 12%, between 49-53, it is 8.8%, and lastly between 54-58, it is 13%. In terms of gender, 31.5% were male participants and 68.5% were female participants. In terms of occupational categories, nurses who are working at senior management positions are at 8.9%, professional nurses at 48.9% and non-professional nurses at 42.2%. In terms of marital status, married participants were at 35.2%, single, 56.0% and widows at 8.8%. In terms of working experience, the years range from one to above 16 years. 48.9% were participants who had 1-5 years working experience, 27.2% were participants with 6-10 experience, 8.7%, who had 11-15 years, and lastly 15.2% were the participants who had 16 years and above working experience. In terms of educational qualifications, participants with grade 12 were at 24.4%, diploma 40.0%, degree 33.3% and lastly were postgraduates participants at 2.2%. The final findings indicated that there is a significant negative relationship between self-efficacy and job burnout, r=-0.437, p<0.01, that there is a significant negative relationship between hope and job burnout, r= -0.457, p<0.01, that there is a significant negative relationship between resilience and job burnout, r= - 0.312 p<0.1 and that there is a significant negative relationship between optimism and job burnout, r= -0.287 p<0.01. Other findings showed that there is a significant independent impact of self-efficacy on job burnout, B= -0.760, t= -1.394, p>0.05, there is no significant independent impact of hope on job burnout, that B= -1.282 t= -2.280, p<0.05, there is no significant impact of resilience on job burnout, B= 0.009, t= 0.22 p>0.05, and lastly, there is no significant independent impact of optimism on job burnout, B= 0.919 t=1.594, p>0.05. Last findings showed that there is a significant joint impact of psychological capital dimensions, F=6.671, R2= 0.243, p<0.01. In conclusion, it is confirmed that there is no significant relationship between psychological capital dimensions and job burnout, secondly, there is a significant independent impact of psychological capital dimensions and job burnout. Lastly, there is a significant positive jointly impact of psychological capital dimensions on job burnout. , Thesis (MCom: IPS) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
Organisational justice as a moderator in the relationship between turnover intention and organisational citizenship behaviour among nurses in Eastern Cape Province
- Majali, Thobela Goodman https://orcid.org/0000-0001-9673-4380
- Authors: Majali, Thobela Goodman https://orcid.org/0000-0001-9673-4380
- Date: 2022-05
- Subjects: Organizational behavior -- South Africa , Organizational justice -- South Africa
- Language: English
- Type: Master'stheses , text
- Identifier: http://hdl.handle.net/10353/26830 , vital:66034
- Description: Orientation: Out of 121 professional nurses who worked in the public sector between 2002 and 2005, 104 of them left to work for private facilities in South Africa. In an era distinguished by turbulent changes in business industry due to factors such as globalisation, organisations are trying by all means to achieve competitive advantage. Many researchers have pointed organisational justice as a survival aspect for several companies. Nevertheless, internal organisational feature like organisational citizenship behaviour and turnover intention need a carefully consideration as they influence the degree of organisational justice within the organisation. Research purpose: The objective of this study was to empirically investigate the inter-relationship between turnover intention and the organisational citizenship behaviour of nurses in selected hospitals within the Chris Hani District, using organisational justice as the moderator. Motivation for the study: Most organisations struggle to retain workers, increase job satisfaction, commitment of employees, and obtain a competitive advantage in the marketplace. Poor working conditions such as poor leadership and governance, increased workload, lack of promotion, inadequate resources and limited opportunities for career development have negatively affected employee retention and increased turnover intention in the public healthcare sector. Research design, approach, and method: A questionnaire was used as a method for data collection, and it was administered to a sample of 298 respondents at selected hospitals in Chris Hani District. Random sampling was used to select respondents. Main findings: Multiple linear regression analysis was applied in testing the statistical significance of the relationship among variables of the study. The findings showed a significant moderating impact of organisational justice on the correlation between turnover intention and organisational citizenship behaviour. Practical implication: The findings demonstrated that managers need to design HR strategies to enhance and warrant employee perception of organisational justice and fairness to elevate the level of organisational citizenship behaviour and decrease turnover intention in the organisation and leading to higher productivity. Contribution: The findings of this study showed that organisational justice and organisational citizenship behaviour have a negative significant effect on employee turnover intention. , Thesis (MCom) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Majali, Thobela Goodman https://orcid.org/0000-0001-9673-4380
- Date: 2022-05
- Subjects: Organizational behavior -- South Africa , Organizational justice -- South Africa
- Language: English
- Type: Master'stheses , text
- Identifier: http://hdl.handle.net/10353/26830 , vital:66034
- Description: Orientation: Out of 121 professional nurses who worked in the public sector between 2002 and 2005, 104 of them left to work for private facilities in South Africa. In an era distinguished by turbulent changes in business industry due to factors such as globalisation, organisations are trying by all means to achieve competitive advantage. Many researchers have pointed organisational justice as a survival aspect for several companies. Nevertheless, internal organisational feature like organisational citizenship behaviour and turnover intention need a carefully consideration as they influence the degree of organisational justice within the organisation. Research purpose: The objective of this study was to empirically investigate the inter-relationship between turnover intention and the organisational citizenship behaviour of nurses in selected hospitals within the Chris Hani District, using organisational justice as the moderator. Motivation for the study: Most organisations struggle to retain workers, increase job satisfaction, commitment of employees, and obtain a competitive advantage in the marketplace. Poor working conditions such as poor leadership and governance, increased workload, lack of promotion, inadequate resources and limited opportunities for career development have negatively affected employee retention and increased turnover intention in the public healthcare sector. Research design, approach, and method: A questionnaire was used as a method for data collection, and it was administered to a sample of 298 respondents at selected hospitals in Chris Hani District. Random sampling was used to select respondents. Main findings: Multiple linear regression analysis was applied in testing the statistical significance of the relationship among variables of the study. The findings showed a significant moderating impact of organisational justice on the correlation between turnover intention and organisational citizenship behaviour. Practical implication: The findings demonstrated that managers need to design HR strategies to enhance and warrant employee perception of organisational justice and fairness to elevate the level of organisational citizenship behaviour and decrease turnover intention in the organisation and leading to higher productivity. Contribution: The findings of this study showed that organisational justice and organisational citizenship behaviour have a negative significant effect on employee turnover intention. , Thesis (MCom) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
The contribution of cultural and creative industries towards sustainable livelihoods in the Eastern Cape (2009-2019)
- Authors: Ngwane, Ayanda
- Date: 2022-05
- Subjects: Poor--Services for. , Poverty--South Africa.
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22185 , vital:51995
- Description: This research is focused on the premise that Creative and Cultural Industries (CCIs) can be a precondition for the attainment of sustainable livelihoods. It follows, logically, that the efficient and effective implementation of CCIs has potential in transforming the well-being of those involved in the industries as evidence points to the notion that the CCIs can help deal with the persistent challenges of unemployment and poverty. Without effective and efficient implementation, and the political will to support such industries in the South African context, the potential of CCIs in improving the livelihoods of citizens will not be realised. Given the limitations levelled against the policy implementation and the processes involved in support for creative industries in South Africa, the qualitative method was used as an investigative strategy to gain a deeper understanding of CCIs and its general contribution on sustainable livelihoods in the Eastern Cape Province. The findings indicate that there is a basis for a creative economy in the Eastern Cape Province that can be improved by properly concerted action by all actors. There is a foundation for the development of innovative goods and services that could promote the integration of the Province into the global economy. So far, the outcome of this research points to the direction of offering knowledge of the way to realize the potential of Eastern Cape Province`s creative industries. More so, the study also highlights the importance of the creative economy in fostering growth guided by trade and attaining sustainable livelihoods in the process. , Thesis (MPA) -- University of Fort Hare, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Ngwane, Ayanda
- Date: 2022-05
- Subjects: Poor--Services for. , Poverty--South Africa.
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22185 , vital:51995
- Description: This research is focused on the premise that Creative and Cultural Industries (CCIs) can be a precondition for the attainment of sustainable livelihoods. It follows, logically, that the efficient and effective implementation of CCIs has potential in transforming the well-being of those involved in the industries as evidence points to the notion that the CCIs can help deal with the persistent challenges of unemployment and poverty. Without effective and efficient implementation, and the political will to support such industries in the South African context, the potential of CCIs in improving the livelihoods of citizens will not be realised. Given the limitations levelled against the policy implementation and the processes involved in support for creative industries in South Africa, the qualitative method was used as an investigative strategy to gain a deeper understanding of CCIs and its general contribution on sustainable livelihoods in the Eastern Cape Province. The findings indicate that there is a basis for a creative economy in the Eastern Cape Province that can be improved by properly concerted action by all actors. There is a foundation for the development of innovative goods and services that could promote the integration of the Province into the global economy. So far, the outcome of this research points to the direction of offering knowledge of the way to realize the potential of Eastern Cape Province`s creative industries. More so, the study also highlights the importance of the creative economy in fostering growth guided by trade and attaining sustainable livelihoods in the process. , Thesis (MPA) -- University of Fort Hare, 2022
- Full Text:
- Date Issued: 2022-05
The influence of ethical leadership in the municipal administration: a case of Nelson Mandela Bay Municipality
- Authors: Singanto, Nkosiyabo King
- Date: 2022-05
- Subjects: Municipal government--South Africa--Leadership , Leadership
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/23392 , vital:57633
- Description: The South Africa local government is confronted by ethical leadership challenges due to unethical practices by public functionaries and elected representatives in municipalities. The elected representatives are entrusted by legislation to take decisions and municipal officials are expected to implement the decisions taken by the municipal councilin an ethical manner, without fear, favour or prejudice on behalf of their communities. The study adopted a mixed-methods approach to gain a deeper understanding of the phenomenon being studied. Data was collected using a structured Likert Scale interview questionnaire with both closed and open-ended questions. The theories of virtue, deontology and utilitarianism were selected in this study to try to understand the concept of ethics and its relevance to answering the research questions developed for this research.. Among the key findings were that the research has shown that unethical behaviour in municipalities has a direct influence on service delivery and the functioning of municipal administration. It also showed that, despite the plethora of legislation that governs the behaviour of municipal leaders, the municipalities continue to face unethical challenges of corruption, fraud and maladministration. The findings also pointed to a failure by those who are supposed to implement the code of conduct and hold the perpetrators of unethical deeds accountable. Poor consequence management has been seen, inter alia, to be at the heart of the problem. The research reveals a need for the Nelson Mandela Bay Municipality to explore the ways to enforce ethical leadership in the municipality. While the study is limited to the Nelson Mandela Metropolitan Municipality, the following are recommended to mitigate the scourge: provide ethics training for municipal officials and councillors; set minimum qualifications for councillors; and cautiously, extend the application of the findings and recommendations of this research to other municipalities in South Africa as the problem, whilst researched in the Nelson Mandela Metropolitan Municipality, is spread across all municipalities in South Africa. , Thesis (PhD) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Singanto, Nkosiyabo King
- Date: 2022-05
- Subjects: Municipal government--South Africa--Leadership , Leadership
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/23392 , vital:57633
- Description: The South Africa local government is confronted by ethical leadership challenges due to unethical practices by public functionaries and elected representatives in municipalities. The elected representatives are entrusted by legislation to take decisions and municipal officials are expected to implement the decisions taken by the municipal councilin an ethical manner, without fear, favour or prejudice on behalf of their communities. The study adopted a mixed-methods approach to gain a deeper understanding of the phenomenon being studied. Data was collected using a structured Likert Scale interview questionnaire with both closed and open-ended questions. The theories of virtue, deontology and utilitarianism were selected in this study to try to understand the concept of ethics and its relevance to answering the research questions developed for this research.. Among the key findings were that the research has shown that unethical behaviour in municipalities has a direct influence on service delivery and the functioning of municipal administration. It also showed that, despite the plethora of legislation that governs the behaviour of municipal leaders, the municipalities continue to face unethical challenges of corruption, fraud and maladministration. The findings also pointed to a failure by those who are supposed to implement the code of conduct and hold the perpetrators of unethical deeds accountable. Poor consequence management has been seen, inter alia, to be at the heart of the problem. The research reveals a need for the Nelson Mandela Bay Municipality to explore the ways to enforce ethical leadership in the municipality. While the study is limited to the Nelson Mandela Metropolitan Municipality, the following are recommended to mitigate the scourge: provide ethics training for municipal officials and councillors; set minimum qualifications for councillors; and cautiously, extend the application of the findings and recommendations of this research to other municipalities in South Africa as the problem, whilst researched in the Nelson Mandela Metropolitan Municipality, is spread across all municipalities in South Africa. , Thesis (PhD) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-05
Xenophobia in post-apartheid South Africa: A case study in the Nelson Mandela Bay Metropolitan Municipality, Eastern Cape
- Duma, Vusumzi https://orcid.org/0000-0001-8115-3399
- Authors: Duma, Vusumzi https://orcid.org/0000-0001-8115-3399
- Date: 2022-05
- Subjects: Xenophobia
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/23873 , vital:61089
- Description: The central thesis pursued in this study is that xenophobia and its violent manifestation thrive in post-apartheid South Africa owing to contextual dynamics chiefly characterized by normlessness and weak law enforcement. The scourge of xenophobia and its attendant violent reaction to the presence of foreign citizens in immigrant receiving countries, such as post-apartheid South Africa, is not only a threat to global peace and security, but also an impediment to achieving our full humanity and a common future. Therefore, this study aimed to investigate the contexts and manifestations of xenophobia in post-apartheid South Africa. The study endeavoured to achieve the following objectives: to explore the underpinnings of xenophobia in contemporary post-apartheid South Africa; to expound the manifestations of xenophobia in post-apartheid South Africa; to investigate the effectiveness of agents of social control in dealing with xenophobia; to suggest interventions to address xenophobia in contemporary post-apartheid South Africa, and to discuss, if any, integration deficits experienced by foreign nationals. The overarching theoretical framework that was utilised in this study was constituted by the following frames: labelling theory of deviance; social control theory of deviance; learning theory of deviance; and social construction theory – these are theoretical frames situated in the theoretical field of sociology of deviance. The multi-faceted and complex nature of the phenomenon under investigation evidently necessitated a methodological approach and design strategy involving the utilisation of a qualitative research approach and methodology. Qualitatively, the data was collected through in-depth interviews, focus group discussions, key informants’ interviews, and secondary data sources. The study revealed, amongst other things, that: the expression of the xenophobic sentiment and associated violence in contemporaneous post-apartheid South Africa was underpinned and driven by a potpourri of factors, amongst which are negative attitudes, perceived competition, perceived fear and illusions, inflammatory xenophobic rhetoric from government representatives, national identity, and afrophobia; and that xenophobia manifested itself through violent behaviour, prejudice and discriminatory behaviour, hatred, labelling, and impunity. Another revelation of this study was that immigrants (particularly black African immigrants) were socially constructed as deviants by society and official agents for social control purposes. Once labeled, the label sticks with disastrous and violent consequences. This situation is exacerbated by the liminal status that immigrants, particularly Black African immigrants, occupy in the post-apartheid South African context. Additionally, the study revealed that law enforcement agents were perceived to be ineffective in dealing with xenophobia, and violence. In response to the findings the following recommendations are made: training and capacitating agents of social control; conscientising society about migration policies vis-à-vis the rights of foreign nationals; coming out with novel strategies to job creation; inculcating the spirit of Ubuntu in young children; embracing the pan-African spirit ; making immigration policies more humanising; mainstreaming xenophobia in social and learning institutions’ curricula; and engaging in perennial research on xenophobia. , Thesis (PhD) -- Faculty of Social Sciences and Humanities, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Duma, Vusumzi https://orcid.org/0000-0001-8115-3399
- Date: 2022-05
- Subjects: Xenophobia
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/23873 , vital:61089
- Description: The central thesis pursued in this study is that xenophobia and its violent manifestation thrive in post-apartheid South Africa owing to contextual dynamics chiefly characterized by normlessness and weak law enforcement. The scourge of xenophobia and its attendant violent reaction to the presence of foreign citizens in immigrant receiving countries, such as post-apartheid South Africa, is not only a threat to global peace and security, but also an impediment to achieving our full humanity and a common future. Therefore, this study aimed to investigate the contexts and manifestations of xenophobia in post-apartheid South Africa. The study endeavoured to achieve the following objectives: to explore the underpinnings of xenophobia in contemporary post-apartheid South Africa; to expound the manifestations of xenophobia in post-apartheid South Africa; to investigate the effectiveness of agents of social control in dealing with xenophobia; to suggest interventions to address xenophobia in contemporary post-apartheid South Africa, and to discuss, if any, integration deficits experienced by foreign nationals. The overarching theoretical framework that was utilised in this study was constituted by the following frames: labelling theory of deviance; social control theory of deviance; learning theory of deviance; and social construction theory – these are theoretical frames situated in the theoretical field of sociology of deviance. The multi-faceted and complex nature of the phenomenon under investigation evidently necessitated a methodological approach and design strategy involving the utilisation of a qualitative research approach and methodology. Qualitatively, the data was collected through in-depth interviews, focus group discussions, key informants’ interviews, and secondary data sources. The study revealed, amongst other things, that: the expression of the xenophobic sentiment and associated violence in contemporaneous post-apartheid South Africa was underpinned and driven by a potpourri of factors, amongst which are negative attitudes, perceived competition, perceived fear and illusions, inflammatory xenophobic rhetoric from government representatives, national identity, and afrophobia; and that xenophobia manifested itself through violent behaviour, prejudice and discriminatory behaviour, hatred, labelling, and impunity. Another revelation of this study was that immigrants (particularly black African immigrants) were socially constructed as deviants by society and official agents for social control purposes. Once labeled, the label sticks with disastrous and violent consequences. This situation is exacerbated by the liminal status that immigrants, particularly Black African immigrants, occupy in the post-apartheid South African context. Additionally, the study revealed that law enforcement agents were perceived to be ineffective in dealing with xenophobia, and violence. In response to the findings the following recommendations are made: training and capacitating agents of social control; conscientising society about migration policies vis-à-vis the rights of foreign nationals; coming out with novel strategies to job creation; inculcating the spirit of Ubuntu in young children; embracing the pan-African spirit ; making immigration policies more humanising; mainstreaming xenophobia in social and learning institutions’ curricula; and engaging in perennial research on xenophobia. , Thesis (PhD) -- Faculty of Social Sciences and Humanities, 2022
- Full Text:
- Date Issued: 2022-05
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