Justifications and limitations of affirmative action
- Authors: Weinand, Lorentia Leana
- Date: 2019
- Subjects: Affirmative action programs -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/44077 , vital:37105
- Description: The main aim of this thesis is to establish whether affirmative action is justified and to consider the limitations imposed thereon. Regard had to be made to the past position, as affirmative action emanated from the apartheid era. This paper provides for an extensive discussion of what affirmative action entails and compares the past position of unfair discrimination towards the current position of affirmative action. It is important to have regard to the Constitution, legislation and case law relating to the application of affirmative action. Within this paper reference to the Constitution, LRA, EEA, case law, academic writings and journal articles is made in order to evaluate on what basis affirmative action is founded, justified and limited. The approach used in terms of substantive equality based on the Van Heerden1 and Harksen v Lane2 judgments. Provision is made as to whom affirmative action applies to. The process of implementation of affirmative action is visited with a view to give guidance on how affirmative action should be implemented, what the short comings are in the public sector with the implementation process and to provide guidelines to achieve a positive and effective affirmative action in South Africa Because certain people regard affirmative action as reverse discrimination, the contrary had to be analysed by way of legislation and authority from case law in order to provide for the correct position. It would become apparent from this paper that affirmative action does not only apply to designated employees, after the Van Heerden Judgment the courts have developed their approach in a number of authorities for example in Alexandre v Provincial administration of the Western Cape Department of Health3. India makes use of affirmative action that is in some instances similar to the South African approach. For a distinct reason I have chosen a comparison between India and South Africa. The reason is that, each individual’s personal circumstances that are to benefit from affirmative action have to be assessed before affirmative action applies to them. Further that I do not agree with the fact that a group as a whole should benefit, therefore recommendations have been made.
- Full Text:
- Date Issued: 2019
- Authors: Weinand, Lorentia Leana
- Date: 2019
- Subjects: Affirmative action programs -- South Africa , Discrimination in employment -- Law and legislation -- South Africa , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/44077 , vital:37105
- Description: The main aim of this thesis is to establish whether affirmative action is justified and to consider the limitations imposed thereon. Regard had to be made to the past position, as affirmative action emanated from the apartheid era. This paper provides for an extensive discussion of what affirmative action entails and compares the past position of unfair discrimination towards the current position of affirmative action. It is important to have regard to the Constitution, legislation and case law relating to the application of affirmative action. Within this paper reference to the Constitution, LRA, EEA, case law, academic writings and journal articles is made in order to evaluate on what basis affirmative action is founded, justified and limited. The approach used in terms of substantive equality based on the Van Heerden1 and Harksen v Lane2 judgments. Provision is made as to whom affirmative action applies to. The process of implementation of affirmative action is visited with a view to give guidance on how affirmative action should be implemented, what the short comings are in the public sector with the implementation process and to provide guidelines to achieve a positive and effective affirmative action in South Africa Because certain people regard affirmative action as reverse discrimination, the contrary had to be analysed by way of legislation and authority from case law in order to provide for the correct position. It would become apparent from this paper that affirmative action does not only apply to designated employees, after the Van Heerden Judgment the courts have developed their approach in a number of authorities for example in Alexandre v Provincial administration of the Western Cape Department of Health3. India makes use of affirmative action that is in some instances similar to the South African approach. For a distinct reason I have chosen a comparison between India and South Africa. The reason is that, each individual’s personal circumstances that are to benefit from affirmative action have to be assessed before affirmative action applies to them. Further that I do not agree with the fact that a group as a whole should benefit, therefore recommendations have been made.
- Full Text:
- Date Issued: 2019
Requisite elements of public sector performance planning and reporting framework which support accountability
- Authors: Savenije, Maryke Aletta
- Date: 2018
- Subjects: Performance -- Management -- Planning , Performance standards -- Planning Organizational effectiveness -- Evaluation -- Planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/23241 , vital:30467
- Description: Legislative and policy prescripts determine how the South Africa government plans for and reports on the services meant to benefit the citizens of the country. Legislators and the public should rely on an annual audits of financial and performance information to gauge the success of these services. the framework governing performance planning and reporting outlines a number of public sector reform objectives intended to enhance achievement of government's desired outcomes. Improvements in audit status over the past number of years have, however, been undermined by increasingly frequent service delivery protests, suggesting that the intentions of the framework are not realised.
- Full Text:
- Date Issued: 2018
- Authors: Savenije, Maryke Aletta
- Date: 2018
- Subjects: Performance -- Management -- Planning , Performance standards -- Planning Organizational effectiveness -- Evaluation -- Planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/23241 , vital:30467
- Description: Legislative and policy prescripts determine how the South Africa government plans for and reports on the services meant to benefit the citizens of the country. Legislators and the public should rely on an annual audits of financial and performance information to gauge the success of these services. the framework governing performance planning and reporting outlines a number of public sector reform objectives intended to enhance achievement of government's desired outcomes. Improvements in audit status over the past number of years have, however, been undermined by increasingly frequent service delivery protests, suggesting that the intentions of the framework are not realised.
- Full Text:
- Date Issued: 2018
The return-to-work policy for injured and diseased workers
- Authors: Keti, Nosicelo
- Date: 2018
- Subjects: Employees -- Rehabilitation -- South Africa , Labor laws and legislation -- South Africa Workers' compensation Industrial accidents
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/31064 , vital:31307
- Description: Despite measures undertaken by employers in promoting safety in the workplace, employees become injured or diseased due to work related accidents. When an employee sustains a work related injury or disease that results in their short term or prolonged absence from work, it becomes crucial for the employer to return the injured or diseased employee back to work as quickly as possible. Returning employees back to work as early as possible becomes an important factor in reducing worker’s compensation costs. In South Africa, unlike developed countries like the United Kingdom, there is still a lack or absence of rehabilitation, reintegration and RTW programmes. The lack or absence of suitable rehabilitation, reintegration and RTW programmes that not only ensure that an injured or diseased employee is returned to work, but further enable such injured or diseased employee to attain, keep and progress in employment often results in employees becoming dependent on disability grants or social welfare payments. There is recognition that some effort is required to ensure that employees who have been affected by work related injuries or diseases are returned to gainful employment. The Committee of Inquiry into a Comprehensive System of Social Security for South Africa, in 2002, highlighted that “modern social protection policy making is no longer therapeutic but also pre-emptive and restorative or rehabilitative in nature”. The study investigated the need for the South African government and business to adopt and implement programmes or systems that are targeted at correcting or restoring the damage. This can be achieved through retraining, re-skilling and social integration of the injured or diseased employees. The findings indicate that despite recognition by the Compensation of Occupational Injuries and Disease Act (COIDA) of the need to establish and implement appropriate rehabilitation, reintegration and RTW programmes, such programmes have still not been established in South Africa. There are, however, initiatives directed towards the establishment and implementation of these programmes and these are found in the proposed COIDA amendment Bill which prioritises rehabilitation, reintegration and RTW. Proposed in the Bill, is the imposition of incentives for those employers who successfully implement rehabilitation, reintegration and RTW programmes within their workplaces and penalties against those who fail to comply with the provisions of the proposed Bill. Another relief can be seen in the form of the Road Accident Benefit Scheme (RABS) Bill, which will soon replace the Road Accident Fund (RAF). Unlike the RAF, which is primarily concerned about the compensation of road accident victims through lump sum payments, RABS will particularly focus on rehabilitation and vocational training and will offer payments in a structured manner to not only ensure the continual financial support of the accident victims, but further that the proposed scheme remains sustainable in the long term. Further findings are that although the Constitution of the v Republic of South Africa has adopted an international law friendly approach and the Bill of Rights is in support of the implementation of RTW measures, South African law is not aligned to international and regional standards. South Africa has still not ratified international instruments that promote the early return of injured or diseased employees back to work. In conclusion, South Africa needs to adopt and implement rehabilitation, reintegration and RTW measures or programmes for injured or diseased workers in order to address the high unemployment rate, poverty and dependence on State funded social assistance services.
- Full Text:
- Date Issued: 2018
- Authors: Keti, Nosicelo
- Date: 2018
- Subjects: Employees -- Rehabilitation -- South Africa , Labor laws and legislation -- South Africa Workers' compensation Industrial accidents
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/31064 , vital:31307
- Description: Despite measures undertaken by employers in promoting safety in the workplace, employees become injured or diseased due to work related accidents. When an employee sustains a work related injury or disease that results in their short term or prolonged absence from work, it becomes crucial for the employer to return the injured or diseased employee back to work as quickly as possible. Returning employees back to work as early as possible becomes an important factor in reducing worker’s compensation costs. In South Africa, unlike developed countries like the United Kingdom, there is still a lack or absence of rehabilitation, reintegration and RTW programmes. The lack or absence of suitable rehabilitation, reintegration and RTW programmes that not only ensure that an injured or diseased employee is returned to work, but further enable such injured or diseased employee to attain, keep and progress in employment often results in employees becoming dependent on disability grants or social welfare payments. There is recognition that some effort is required to ensure that employees who have been affected by work related injuries or diseases are returned to gainful employment. The Committee of Inquiry into a Comprehensive System of Social Security for South Africa, in 2002, highlighted that “modern social protection policy making is no longer therapeutic but also pre-emptive and restorative or rehabilitative in nature”. The study investigated the need for the South African government and business to adopt and implement programmes or systems that are targeted at correcting or restoring the damage. This can be achieved through retraining, re-skilling and social integration of the injured or diseased employees. The findings indicate that despite recognition by the Compensation of Occupational Injuries and Disease Act (COIDA) of the need to establish and implement appropriate rehabilitation, reintegration and RTW programmes, such programmes have still not been established in South Africa. There are, however, initiatives directed towards the establishment and implementation of these programmes and these are found in the proposed COIDA amendment Bill which prioritises rehabilitation, reintegration and RTW. Proposed in the Bill, is the imposition of incentives for those employers who successfully implement rehabilitation, reintegration and RTW programmes within their workplaces and penalties against those who fail to comply with the provisions of the proposed Bill. Another relief can be seen in the form of the Road Accident Benefit Scheme (RABS) Bill, which will soon replace the Road Accident Fund (RAF). Unlike the RAF, which is primarily concerned about the compensation of road accident victims through lump sum payments, RABS will particularly focus on rehabilitation and vocational training and will offer payments in a structured manner to not only ensure the continual financial support of the accident victims, but further that the proposed scheme remains sustainable in the long term. Further findings are that although the Constitution of the v Republic of South Africa has adopted an international law friendly approach and the Bill of Rights is in support of the implementation of RTW measures, South African law is not aligned to international and regional standards. South Africa has still not ratified international instruments that promote the early return of injured or diseased employees back to work. In conclusion, South Africa needs to adopt and implement rehabilitation, reintegration and RTW measures or programmes for injured or diseased workers in order to address the high unemployment rate, poverty and dependence on State funded social assistance services.
- Full Text:
- Date Issued: 2018
Confronting Afrikaans diction challenges in non-Afrikaans mother tongue choirs
- Authors: Botha, Charlotte
- Date: 2014
- Subjects: Choral singing -- Diction , Afrikaans language -- Diction
- Language: English
- Type: Thesis , Masters , MMus
- Identifier: vital:8529 , http://hdl.handle.net/10948/d1020956
- Description: This study is an initial attempt to identify the most common Afrikaans diction challenges experienced by non-Afrikaans mother tongue speaking choirs, and to explore means of confronting these challenges. No dedicated source exists for choral diction in Afrikaans as a foreign language. This study reviews personal views and literature from various fields that would inform several key elements necessary for the creation of such a source. The primary data for this study was collected through study questionnaires, completed by expert choral conductors who are highly regarded for their success in teaching and performing Afrikaans diction in non-Afrikaans mother tongue speaking choirs, in performance settings such as the ATKV-Applous Choir Competition. Through its proposition of methods for the improvement of Afrikaans diction practices in the non-Afrikaans choral setting, the study promotes the prolific composition of Afrikaans choral literature, and its ubiquitous inclusion in choral repertoire both in South Africa and abroad.
- Full Text:
- Date Issued: 2014
- Authors: Botha, Charlotte
- Date: 2014
- Subjects: Choral singing -- Diction , Afrikaans language -- Diction
- Language: English
- Type: Thesis , Masters , MMus
- Identifier: vital:8529 , http://hdl.handle.net/10948/d1020956
- Description: This study is an initial attempt to identify the most common Afrikaans diction challenges experienced by non-Afrikaans mother tongue speaking choirs, and to explore means of confronting these challenges. No dedicated source exists for choral diction in Afrikaans as a foreign language. This study reviews personal views and literature from various fields that would inform several key elements necessary for the creation of such a source. The primary data for this study was collected through study questionnaires, completed by expert choral conductors who are highly regarded for their success in teaching and performing Afrikaans diction in non-Afrikaans mother tongue speaking choirs, in performance settings such as the ATKV-Applous Choir Competition. Through its proposition of methods for the improvement of Afrikaans diction practices in the non-Afrikaans choral setting, the study promotes the prolific composition of Afrikaans choral literature, and its ubiquitous inclusion in choral repertoire both in South Africa and abroad.
- Full Text:
- Date Issued: 2014
The design of a taxi mini-bus transport interchange for central Mthatha, Province of the Eastern Cape
- Authors: Mcoteli, Jamandile
- Date: 2014
- Subjects: Transportation buildings -- South Africa -- Mthatha -- Designs and plans Terminals (Transportation) -- South Africa -- Mthatha -- Designs and plans
- Language: English
- Type: Thesis , Masters , MArch
- Identifier: http://hdl.handle.net/10948/39021 , vital:35017
- Description: Public transportation, i.e. busses and minibus taxis provide an essential service to the public, especially low-income groups as they service a greater portion of this population, offering several benefits such as accessibility, cost, reduced travel time, etc. The taxi industry, particularly in South Africa was previously highly unregulated and a marginalized public service. However, with the involvement of relevant stakeholders and critical review of the issues involved, a change in that regard is imminent. The focus of this treatise is the design of a multi-modal public transport hub and traders' market in Mthatha in the Eastern Cape, South Africa. The treatise emerges from a concern with the inadequacies related to provisions for public transportation and informal trading in South Africa and the implication of those inadequacies on the urban environment. Firstly, the research attempts to understand the role of transport in South African towns and cities, with specific focus on the spatial urban character of Mthatha in the Eastern Cape, using various literature sources to support theoretic viewpoints. Secondly, it will analyze the essential nature of public transportation hubs in Mthatha and their role within the urban context, achieved through extensive on-site data gathering, field work, interpretation and analysis. Thirdly, it will explore and resolve the architectural issues involved in the design of a new multi-modal transport hub and traders' market in the town of Mthatha through exploration of precedents within the discourse. An investigation of all the regulations, guidelines and by-laws governing public transport and “informal” trade in South Africa will be conducted. Finally, through research, formulate a background or a theoretical discourse against which Henri Lefebvre's (1974) theory of 'Production of space' will be discussed, as a way of supporting the premises put forward in this treatise. The architecture that emerges from the research and design process is to be cognizant of local culture, heritage, identity and place through an awareness of the need for sustainable design and building techniques to produce appropriate architectural responses.
- Full Text:
- Date Issued: 2014
- Authors: Mcoteli, Jamandile
- Date: 2014
- Subjects: Transportation buildings -- South Africa -- Mthatha -- Designs and plans Terminals (Transportation) -- South Africa -- Mthatha -- Designs and plans
- Language: English
- Type: Thesis , Masters , MArch
- Identifier: http://hdl.handle.net/10948/39021 , vital:35017
- Description: Public transportation, i.e. busses and minibus taxis provide an essential service to the public, especially low-income groups as they service a greater portion of this population, offering several benefits such as accessibility, cost, reduced travel time, etc. The taxi industry, particularly in South Africa was previously highly unregulated and a marginalized public service. However, with the involvement of relevant stakeholders and critical review of the issues involved, a change in that regard is imminent. The focus of this treatise is the design of a multi-modal public transport hub and traders' market in Mthatha in the Eastern Cape, South Africa. The treatise emerges from a concern with the inadequacies related to provisions for public transportation and informal trading in South Africa and the implication of those inadequacies on the urban environment. Firstly, the research attempts to understand the role of transport in South African towns and cities, with specific focus on the spatial urban character of Mthatha in the Eastern Cape, using various literature sources to support theoretic viewpoints. Secondly, it will analyze the essential nature of public transportation hubs in Mthatha and their role within the urban context, achieved through extensive on-site data gathering, field work, interpretation and analysis. Thirdly, it will explore and resolve the architectural issues involved in the design of a new multi-modal transport hub and traders' market in the town of Mthatha through exploration of precedents within the discourse. An investigation of all the regulations, guidelines and by-laws governing public transport and “informal” trade in South Africa will be conducted. Finally, through research, formulate a background or a theoretical discourse against which Henri Lefebvre's (1974) theory of 'Production of space' will be discussed, as a way of supporting the premises put forward in this treatise. The architecture that emerges from the research and design process is to be cognizant of local culture, heritage, identity and place through an awareness of the need for sustainable design and building techniques to produce appropriate architectural responses.
- Full Text:
- Date Issued: 2014
An analysis of the liquidity positions of South African companies by means of traditional liquidity and cash flow ratios
- Authors: Kemp, Renier
- Date: 2012
- Subjects: Liquidity (Economics) , Cash flow -- South Africa
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8942 , http://hdl.handle.net/10948/d1010599 , Liquidity (Economics) , Cash flow -- South Africa
- Description: The first objective of the study is to determine the differences that exist between the two classes of ratios used to measure liquidity of a business entity. A comparison will then be made between these liquidity ratios. The second objective is to illustrate that cash flow ratios are a better indication of liquidity of an entity than the traditional ratios. The traditional and cash flow ratios will illustrate the position of liquidity with information utilised from the various bankrupt companies’ financial statements, including the statement of financial position and statement of cash flows. Four years’ financial statement data will be used to illustrate the deteriorating liquidity positions of the companies.
- Full Text:
- Date Issued: 2012
- Authors: Kemp, Renier
- Date: 2012
- Subjects: Liquidity (Economics) , Cash flow -- South Africa
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8942 , http://hdl.handle.net/10948/d1010599 , Liquidity (Economics) , Cash flow -- South Africa
- Description: The first objective of the study is to determine the differences that exist between the two classes of ratios used to measure liquidity of a business entity. A comparison will then be made between these liquidity ratios. The second objective is to illustrate that cash flow ratios are a better indication of liquidity of an entity than the traditional ratios. The traditional and cash flow ratios will illustrate the position of liquidity with information utilised from the various bankrupt companies’ financial statements, including the statement of financial position and statement of cash flows. Four years’ financial statement data will be used to illustrate the deteriorating liquidity positions of the companies.
- Full Text:
- Date Issued: 2012
- «
- ‹
- 1
- ›
- »