Audio-Visual and Cyber Evidence in the Context of Criminal Law
- Authors: Madzika, Koshesayi
- Date: 2020
- Subjects: Electronic evidence -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47380 , vital:39967
- Description: In the past decade technology has advanced significantly and at a very rapid pace. This advancement and rapid growth of technology has affected many aspects of life, including legal systems. An area of law particularly affected by the rapid changes in technology is the law of electronic evidence, especially as far as criminal matters are concerned. This is largely due to an increase in crimes committed over the internet. The growth of technology, such as cyber communications and mass media, has made audio visual and electronic messages important forms of evidence. The purpose of this research is to show the complications that technology has brought about as far as electronic evidence in the context of criminal law is concerned. It is acknowledged that South Africa has an existing legislative framework regulating electronic evidence, but it is submitted that there are lacunae in such legislation. The aim of the dissertation is therefore to expose the lack of adequate regulation in South Africa in dealing with electronic evidence. A further aim of the research is to seek to provide solutions to problems related to the regulation of electronic evidence. It is important to determine the current laws regulating electronic evidence in order to expose the lacunae within those laws. An outline of the current legal framework regulating electronic evidence shall be given. This consists of the historical background on the admissibility of electronic evidence; the constitutional basis for admitting such evidence and legal principles governing electronic evidence. Inadequate regulation of electronic evidence is a serious problem, as technology has overtaken some areas of the physical world. The criminal justice system has also been affected especially in the admissibility of electronic evidence. The problems regarding electronic evidence in criminal law matters shall be fully assessed in order to reflect how the criminal justice system has been affected and the consequences of inadequate regulation. In seeking solutions to the problems of inadequate regulation of electronic evidence, reliance is placed on recommendations by the South African Law Reform Commission; international and foreign law. A conclusion is drawn from the dissertation that, whilst technology has been rapidly advancing, the South African law regulating electronic evidence has remained largely unchanged, rendering it incapable of sufficiently regulating matters in which electronic evidence plays a key role. The demand for adequate legislation on electronic evidence is therefore apparent in this regard.
- Full Text:
- Date Issued: 2020
- Authors: Madzika, Koshesayi
- Date: 2020
- Subjects: Electronic evidence -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47380 , vital:39967
- Description: In the past decade technology has advanced significantly and at a very rapid pace. This advancement and rapid growth of technology has affected many aspects of life, including legal systems. An area of law particularly affected by the rapid changes in technology is the law of electronic evidence, especially as far as criminal matters are concerned. This is largely due to an increase in crimes committed over the internet. The growth of technology, such as cyber communications and mass media, has made audio visual and electronic messages important forms of evidence. The purpose of this research is to show the complications that technology has brought about as far as electronic evidence in the context of criminal law is concerned. It is acknowledged that South Africa has an existing legislative framework regulating electronic evidence, but it is submitted that there are lacunae in such legislation. The aim of the dissertation is therefore to expose the lack of adequate regulation in South Africa in dealing with electronic evidence. A further aim of the research is to seek to provide solutions to problems related to the regulation of electronic evidence. It is important to determine the current laws regulating electronic evidence in order to expose the lacunae within those laws. An outline of the current legal framework regulating electronic evidence shall be given. This consists of the historical background on the admissibility of electronic evidence; the constitutional basis for admitting such evidence and legal principles governing electronic evidence. Inadequate regulation of electronic evidence is a serious problem, as technology has overtaken some areas of the physical world. The criminal justice system has also been affected especially in the admissibility of electronic evidence. The problems regarding electronic evidence in criminal law matters shall be fully assessed in order to reflect how the criminal justice system has been affected and the consequences of inadequate regulation. In seeking solutions to the problems of inadequate regulation of electronic evidence, reliance is placed on recommendations by the South African Law Reform Commission; international and foreign law. A conclusion is drawn from the dissertation that, whilst technology has been rapidly advancing, the South African law regulating electronic evidence has remained largely unchanged, rendering it incapable of sufficiently regulating matters in which electronic evidence plays a key role. The demand for adequate legislation on electronic evidence is therefore apparent in this regard.
- Full Text:
- Date Issued: 2020
Labour and external stakeholder management in construction projects
- Authors: Sisilana, Vuyisile
- Date: 2018
- Subjects: Strategic planning , Project management Customer services -- Management
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/35622 , vital:33764
- Description: In the face of the unemployment crisis in South Africa, organisations involved in infrastructure projects are encouraged to engage local communities, to source any available skills as a form of labour on those projects, as an initiative to alleviate unemployment. This initiative presents numerous challenges in the coordination of resources and activities across organisations. Although this collaborative effort is for combating social problems in our local communities; it has resulted in costing organisations and government millions of Rands because of delays due to work stoppages and cost overruns in construction projects. Stakeholder management theory provides the grounding for this research. Although a framework already exists in project management for stakeholder management, but there is lack of research in the engagement of external stakeholders especially in local community projects and project managers struggle to make the stakeholder management processes relevant to this stakeholder. A qualitative study was undertaken, and the data was collected in the form of semi-structured interviews, to collect the views and perceptions from construction project managers involved in projects affected by local labour work stoppages. This study seeks to find out the real causes and effects of local labour work stoppages and finding efficient ways of resolving this. This research seeks to be a starting point for further research in work stoppages caused by business forums as it was concluded as a major cause during interviews with industry professionals. This research found that disruptions from business forums are one of the causes of work stoppages, which was not found in literature. This research concluded that government intervention is required to resolve this growing challenge. It has been concluded that the project stakeholder management processes are not applied in construction projects by project managers.
- Full Text:
- Date Issued: 2018
- Authors: Sisilana, Vuyisile
- Date: 2018
- Subjects: Strategic planning , Project management Customer services -- Management
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/35622 , vital:33764
- Description: In the face of the unemployment crisis in South Africa, organisations involved in infrastructure projects are encouraged to engage local communities, to source any available skills as a form of labour on those projects, as an initiative to alleviate unemployment. This initiative presents numerous challenges in the coordination of resources and activities across organisations. Although this collaborative effort is for combating social problems in our local communities; it has resulted in costing organisations and government millions of Rands because of delays due to work stoppages and cost overruns in construction projects. Stakeholder management theory provides the grounding for this research. Although a framework already exists in project management for stakeholder management, but there is lack of research in the engagement of external stakeholders especially in local community projects and project managers struggle to make the stakeholder management processes relevant to this stakeholder. A qualitative study was undertaken, and the data was collected in the form of semi-structured interviews, to collect the views and perceptions from construction project managers involved in projects affected by local labour work stoppages. This study seeks to find out the real causes and effects of local labour work stoppages and finding efficient ways of resolving this. This research seeks to be a starting point for further research in work stoppages caused by business forums as it was concluded as a major cause during interviews with industry professionals. This research found that disruptions from business forums are one of the causes of work stoppages, which was not found in literature. This research concluded that government intervention is required to resolve this growing challenge. It has been concluded that the project stakeholder management processes are not applied in construction projects by project managers.
- Full Text:
- Date Issued: 2018
Nonlinear effects with a focus on cross phase modulation and its impact on wavelength division multiplexing optical fibre networks
- Gamatham, Romeo Reginald Gunther
- Authors: Gamatham, Romeo Reginald Gunther
- Date: 2013
- Subjects: Wavelength division multiplexing , Optical communications , Fiber optics
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/6302 , vital:21071
- Description: The demand for faster data transmission is ever increasing. Wavelength division multiplexing (WDM) presents as a viable solution to increase the data transmission rate significantly. WDM systems are based on the ability to transmit multiple wavelengths simultaneously down the fibre. Unlike time division multiplexing (TDM) systems, WDM systems do not increase the data transfer by increasing the transmission rate of a single channel. In WDM systems the data rate per channel remains the same, only multiple channels carry data across the link. Dense wavelength division multiplexing (DWDM) promises even more wavelengths packed together in the same fibre. This multiplication of channels increases the bandwidth capacity rapidly. Networks are looking into making use of technology that will ensure no electronic signal regeneration at any point within the DWDM network. Examples are; reconfigurable optical add/drop multiplexers (ROADM) and optical cross connect (OXC) units. These components essentially enable network operators to split, combine and multiplex optical signals carried by optical fibre. WDM allows network operators to increase the capacity of existing networks without expensive re-cabling. This provides networks with the flexibility to be upgraded to larger bandwidths and for reconfiguration of network services. Further, WDM technology opens up an opportunity of marketing flexibility to network operators, where operators not only have the option to rent out cables and fibres but wavelengths as well. Cross phase modulation (XPM) poses a problem to WDM networks. The refractive index experienced by a neighbouring optical signal, not only depends on the signal’s intensity but on the intensity of the co-propagating signal as well. This effect leads to a phase change and is known as XPM. This work investigates the characteristics of XPM. It is shown that, in a two channel WDM network, a probe signal’s SOP can be steered by controlling a high intensity pump signal’s SOP. This effect could be applied to make a wavelength converter. Experimental results show that the degree of polarization (DOP) of a probe signal degrades according to a mathematical model found in literature. The pump and probe signals are shown to experience maximum interaction, for orthogonal probe-pump SOP vector orientations. This may be problematic to polarization mode dispersion compensators. Additionally, experimental results point out that the SOP of a probe signal is much more active in the presence of a high intensity pump, as compared to the single signal transmission scenario.
- Full Text:
- Date Issued: 2013
- Authors: Gamatham, Romeo Reginald Gunther
- Date: 2013
- Subjects: Wavelength division multiplexing , Optical communications , Fiber optics
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/6302 , vital:21071
- Description: The demand for faster data transmission is ever increasing. Wavelength division multiplexing (WDM) presents as a viable solution to increase the data transmission rate significantly. WDM systems are based on the ability to transmit multiple wavelengths simultaneously down the fibre. Unlike time division multiplexing (TDM) systems, WDM systems do not increase the data transfer by increasing the transmission rate of a single channel. In WDM systems the data rate per channel remains the same, only multiple channels carry data across the link. Dense wavelength division multiplexing (DWDM) promises even more wavelengths packed together in the same fibre. This multiplication of channels increases the bandwidth capacity rapidly. Networks are looking into making use of technology that will ensure no electronic signal regeneration at any point within the DWDM network. Examples are; reconfigurable optical add/drop multiplexers (ROADM) and optical cross connect (OXC) units. These components essentially enable network operators to split, combine and multiplex optical signals carried by optical fibre. WDM allows network operators to increase the capacity of existing networks without expensive re-cabling. This provides networks with the flexibility to be upgraded to larger bandwidths and for reconfiguration of network services. Further, WDM technology opens up an opportunity of marketing flexibility to network operators, where operators not only have the option to rent out cables and fibres but wavelengths as well. Cross phase modulation (XPM) poses a problem to WDM networks. The refractive index experienced by a neighbouring optical signal, not only depends on the signal’s intensity but on the intensity of the co-propagating signal as well. This effect leads to a phase change and is known as XPM. This work investigates the characteristics of XPM. It is shown that, in a two channel WDM network, a probe signal’s SOP can be steered by controlling a high intensity pump signal’s SOP. This effect could be applied to make a wavelength converter. Experimental results show that the degree of polarization (DOP) of a probe signal degrades according to a mathematical model found in literature. The pump and probe signals are shown to experience maximum interaction, for orthogonal probe-pump SOP vector orientations. This may be problematic to polarization mode dispersion compensators. Additionally, experimental results point out that the SOP of a probe signal is much more active in the presence of a high intensity pump, as compared to the single signal transmission scenario.
- Full Text:
- Date Issued: 2013
An evaluation of a poverty alleviation programme : a case study of Ndakana village, district of Nqamakwe
- Authors: Mavuso, Fezile Theophilus
- Date: 2012
- Subjects: Poverty -- Economic aspects -- South Africa -- Eastern Cape , Community development -- South Africa -- Eastern Cape , Economic development projects -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8287 , http://hdl.handle.net/10948/d1018560
- Description: The study sought to evaluate the extent to which poverty alleviation programmes of the Eastern Cape Provincial Department of Rural Development and Agrarian Reform (DRDAR) addressed the agricultural needs of the Ndakana community. The emphasis had been on the effectiveness with which these programmes were implemented. Ndakana Village is situated in the Nqamakwe District. The village consists of Hili-hili, Mathafeni, Ncora and Diphini locations which are approximately twenty kilometres from the rural town of Nqamakwe in Amathole District. In the Eastern Cape, several poverty alleviation programmes are implemented which should, inter alia, alleviate the phenomenon of poverty in the rural areas. Despite these programmes it, however, appears that there is very little, if any, improvement in the poverty situation. Against this background it is essential that the progress in the alleviation of poverty be evaluated and if necessary, steps be taken to ensure that the envisaged objectives be achieved. On the importance of evaluating the program, Monette et al. (2011:5) write that in the past few decades, many large, ambitious expensive programmes intended to cope with social problems and to provide services to individuals have been developed. Along with the growth of these programs has emerged an increasing concern over their results: Do they achieve their intended goals? These programs are costly, and some evaluation is needed to assess whether resources are, indeed, being used effectively. Equally important, a program that fails to achieve its goals leave a problem unresolved or a service undelivered. Monette et al. (2011:6) further regard evaluation as a use of scientific research techniques to assess the result of a program and evaluate whether the program, as currently designed, achieve its stated goals In accordance with the Reconstruction and Development Programme (RDP) (1994:20), a national land reform programme is the central driving force of rural development. Such a programme aims to effectively address the injustices of the forced removals and the historical denial of access to land. The RDP aims to ensure security of tenure for rural dwellers in implementing the national land reform programme, and through the provision of support services, the South African government intends to build the economy by generating large-scale employment, increasing rural income and endeavours to eliminate overcrowding.
- Full Text:
- Date Issued: 2012
- Authors: Mavuso, Fezile Theophilus
- Date: 2012
- Subjects: Poverty -- Economic aspects -- South Africa -- Eastern Cape , Community development -- South Africa -- Eastern Cape , Economic development projects -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8287 , http://hdl.handle.net/10948/d1018560
- Description: The study sought to evaluate the extent to which poverty alleviation programmes of the Eastern Cape Provincial Department of Rural Development and Agrarian Reform (DRDAR) addressed the agricultural needs of the Ndakana community. The emphasis had been on the effectiveness with which these programmes were implemented. Ndakana Village is situated in the Nqamakwe District. The village consists of Hili-hili, Mathafeni, Ncora and Diphini locations which are approximately twenty kilometres from the rural town of Nqamakwe in Amathole District. In the Eastern Cape, several poverty alleviation programmes are implemented which should, inter alia, alleviate the phenomenon of poverty in the rural areas. Despite these programmes it, however, appears that there is very little, if any, improvement in the poverty situation. Against this background it is essential that the progress in the alleviation of poverty be evaluated and if necessary, steps be taken to ensure that the envisaged objectives be achieved. On the importance of evaluating the program, Monette et al. (2011:5) write that in the past few decades, many large, ambitious expensive programmes intended to cope with social problems and to provide services to individuals have been developed. Along with the growth of these programs has emerged an increasing concern over their results: Do they achieve their intended goals? These programs are costly, and some evaluation is needed to assess whether resources are, indeed, being used effectively. Equally important, a program that fails to achieve its goals leave a problem unresolved or a service undelivered. Monette et al. (2011:6) further regard evaluation as a use of scientific research techniques to assess the result of a program and evaluate whether the program, as currently designed, achieve its stated goals In accordance with the Reconstruction and Development Programme (RDP) (1994:20), a national land reform programme is the central driving force of rural development. Such a programme aims to effectively address the injustices of the forced removals and the historical denial of access to land. The RDP aims to ensure security of tenure for rural dwellers in implementing the national land reform programme, and through the provision of support services, the South African government intends to build the economy by generating large-scale employment, increasing rural income and endeavours to eliminate overcrowding.
- Full Text:
- Date Issued: 2012
A critical analysis of the definition of gross income
- Authors: Beck, Tracy Geraldine
- Date: 2008
- Subjects: Income tax -- Law and legislation -- South Africa -- Interpretation and construction , Capital gains tax -- South Africa , Income tax -- South Africa
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8977 , http://hdl.handle.net/10948/805 , Income tax -- Law and legislation -- South Africa -- Interpretation and construction , Capital gains tax -- South Africa , Income tax -- South Africa
- Description: Income tax is levied upon a taxpayer’s taxable income. Various steps are taken in order to arrive at the taxpayer’s taxable income. The starting point when calculating taxable income is determining the taxpayer’s ‘gross income’. ‘Gross income’ is defined in terms of section 1 of the Act. Various terms within the gross income definition are not clearly defined, except in the case of a ‘resident’. Even in the case of the definition of a ‘resident’, the aspect of ‘ordinarily resident’ is not defined and nor is the ‘place of effective management’. The following components fall within the definition of ‘gross income’: • The total amount in cash or otherwise; • received by or accrued to, or in favour of, a person; • from anywhere, in the case of a person who is a resident; • from a South African source (or deemed source), in the case of a non-resident; • other than receipts or accruals of a capital nature. The ‘total amount’ in ‘cash or otherwise’ is the first step when determining the taxable income of a taxpayer for a particular year of assessment. Gross income only arises if an amount is received or has accrued; this amount need not be in the form of money but must have a money value. The next component, ‘received by or accrued to’, is related to time and implies that a taxpayer should include amounts that have been ‘received by’, as well as amounts that have ‘accrued to’ him during the year of assessment. ‘Resident’ and ‘non-resident’ unlike the other components, are defined in terms of section 1 of the Income Tax Act. There are two rules used to determine whether natural persons are residents, these are: • To determine whether natural persons are ‘ordinarily resident’; or • where the natural person is not an ‘ordinarily resident’, the ‘physical presence test’ will be applied. ‘Source’ means origin and not place; it is therefore the ‘originating cause of the receipt of the money’. There is no single definition for the word ‘source’ as circumstances may differ in various cases. The facts of each case must be analysed in order to determine the actual source of income for that particular case. The last component of the definition of ‘gross income’ is the exclusion of ‘receipts and accruals of a capital nature’. The Act does not define the meaning of ‘capital nature’ but does indicate that receipts or accruals of a capital nature are, with certain exceptions, not included in ‘gross income’. Receipts or accruals that are not of a capital nature is known as ‘revenue’ and subjected to tax. This study is primarily aimed at an examination of court cases related to the various components falling within the definition of ‘gross income’.
- Full Text:
- Date Issued: 2008
- Authors: Beck, Tracy Geraldine
- Date: 2008
- Subjects: Income tax -- Law and legislation -- South Africa -- Interpretation and construction , Capital gains tax -- South Africa , Income tax -- South Africa
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8977 , http://hdl.handle.net/10948/805 , Income tax -- Law and legislation -- South Africa -- Interpretation and construction , Capital gains tax -- South Africa , Income tax -- South Africa
- Description: Income tax is levied upon a taxpayer’s taxable income. Various steps are taken in order to arrive at the taxpayer’s taxable income. The starting point when calculating taxable income is determining the taxpayer’s ‘gross income’. ‘Gross income’ is defined in terms of section 1 of the Act. Various terms within the gross income definition are not clearly defined, except in the case of a ‘resident’. Even in the case of the definition of a ‘resident’, the aspect of ‘ordinarily resident’ is not defined and nor is the ‘place of effective management’. The following components fall within the definition of ‘gross income’: • The total amount in cash or otherwise; • received by or accrued to, or in favour of, a person; • from anywhere, in the case of a person who is a resident; • from a South African source (or deemed source), in the case of a non-resident; • other than receipts or accruals of a capital nature. The ‘total amount’ in ‘cash or otherwise’ is the first step when determining the taxable income of a taxpayer for a particular year of assessment. Gross income only arises if an amount is received or has accrued; this amount need not be in the form of money but must have a money value. The next component, ‘received by or accrued to’, is related to time and implies that a taxpayer should include amounts that have been ‘received by’, as well as amounts that have ‘accrued to’ him during the year of assessment. ‘Resident’ and ‘non-resident’ unlike the other components, are defined in terms of section 1 of the Income Tax Act. There are two rules used to determine whether natural persons are residents, these are: • To determine whether natural persons are ‘ordinarily resident’; or • where the natural person is not an ‘ordinarily resident’, the ‘physical presence test’ will be applied. ‘Source’ means origin and not place; it is therefore the ‘originating cause of the receipt of the money’. There is no single definition for the word ‘source’ as circumstances may differ in various cases. The facts of each case must be analysed in order to determine the actual source of income for that particular case. The last component of the definition of ‘gross income’ is the exclusion of ‘receipts and accruals of a capital nature’. The Act does not define the meaning of ‘capital nature’ but does indicate that receipts or accruals of a capital nature are, with certain exceptions, not included in ‘gross income’. Receipts or accruals that are not of a capital nature is known as ‘revenue’ and subjected to tax. This study is primarily aimed at an examination of court cases related to the various components falling within the definition of ‘gross income’.
- Full Text:
- Date Issued: 2008
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