The use of Police force in crowd management
- Authors: Moses, Andrew Paul
- Date: 2023-04
- Subjects: Law enforcement , Crowd control
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60660 , vital:66302
- Description: South Africa has a violent and oppressive past. They are various historical incidents1 of extreme cruelty perpetrated by the previous apartheid regime. Much of the modern South African democratic state was forged by protests. During the 1970s and 80s, the legislator by passing unjust laws was used to assist the government to maintain the oppression of the people of South Africa. From the Soweto uprising in the 1970s to the current service delivery protests of the 21st century, gatherings have always had the potential for deadly violence. The motivation for this research started with the emotions evoked by the iconic picture of the body of Hector Pietersen2 being carried after being shot by the police. Strikingly the images of the killing by the police of Andries Tatane conjured further questions concerning the use of deadly force within crowd management situations. The research undertook an analysis of the use of force by the police during crowd management situations. A brief analysis of South African law relating to the use of force by the police prior to 1996 is provided. There are legislative prescripts for the use of force during the maintenance of public order. It must be noted that the legislation falls short on providing clear, concise authority for the use of deadly force. Normally, the use of force by the police and civilians for the purpose of arrest is regulated by the Criminal Procedure Act3 , whereas the Regulation of Gatherings Act4 providing the authority for the use of force by the police in crowd management situations to preserve public order. At first glance, section 49 of the CPA seems to validate arguments that it violates some constitutionally protected rights, among which are the right to dignity, life, to freedom and security of the person, against cruel, inhuman or degrading treatment or punishment and to a fair trial, which includes the right to be presumed innocent. Section 49 however, withstood Constitutional muster as set out in Re: S v Walters & another. As the right to life is a non derogable right.5 The limitation of this right may lead to constitutional scrutiny. The emphasis will thus be on ensuring that the balance with regards to proportionality in the use of deadly force is maintained. During the research it became apparent that the police, especially during crowd management situations, served political interests.6 This had the unintended consequence that the laws were applied to suit the political narrative and not the rule of law. The use of force in the policing arena is controversial. It is very clear that any misuse of force in crowd management situations will evoke the historical wounds associated with apartheid. However, within crowd management, the use of force and the authority to use deadly force is absolutely necessary. The Marikana massacre was used to highlight the mistakes that police have made during inappropriate use of force and its catastrophic consequences.7 It was observed that the legislative framework concerning the use of force, whether under section 49 of the CPA or section 9 of the RGA, is incoherent and too complex. The research argues for simplicity and accuracy within policy and applicable legislative alignment. The linkages from the applicable legislation to the institutional policies should never be outdated or incorrectly formulated. The violent rhetoric from politicians such as ex-president Jacob Zuma, 8 Minister Fikile Mbalula 9 and Bheki Cele10 fuels the argument that the police are susceptible to misdirected notions and may cause the police act unlawfully. The Constitution requires the police to “enforce the law”11 and as such there is an obligation on the police to do this within the constitutional parameters. The correct use of deadly force will only be achieved if the SAPS adequately resource, train and regularly refresh their members regarding the use of force when policing protests. , Thesis (LLM -- Faculty of Law, School of Criminal and Procedural Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Moses, Andrew Paul
- Date: 2023-04
- Subjects: Law enforcement , Crowd control
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60660 , vital:66302
- Description: South Africa has a violent and oppressive past. They are various historical incidents1 of extreme cruelty perpetrated by the previous apartheid regime. Much of the modern South African democratic state was forged by protests. During the 1970s and 80s, the legislator by passing unjust laws was used to assist the government to maintain the oppression of the people of South Africa. From the Soweto uprising in the 1970s to the current service delivery protests of the 21st century, gatherings have always had the potential for deadly violence. The motivation for this research started with the emotions evoked by the iconic picture of the body of Hector Pietersen2 being carried after being shot by the police. Strikingly the images of the killing by the police of Andries Tatane conjured further questions concerning the use of deadly force within crowd management situations. The research undertook an analysis of the use of force by the police during crowd management situations. A brief analysis of South African law relating to the use of force by the police prior to 1996 is provided. There are legislative prescripts for the use of force during the maintenance of public order. It must be noted that the legislation falls short on providing clear, concise authority for the use of deadly force. Normally, the use of force by the police and civilians for the purpose of arrest is regulated by the Criminal Procedure Act3 , whereas the Regulation of Gatherings Act4 providing the authority for the use of force by the police in crowd management situations to preserve public order. At first glance, section 49 of the CPA seems to validate arguments that it violates some constitutionally protected rights, among which are the right to dignity, life, to freedom and security of the person, against cruel, inhuman or degrading treatment or punishment and to a fair trial, which includes the right to be presumed innocent. Section 49 however, withstood Constitutional muster as set out in Re: S v Walters & another. As the right to life is a non derogable right.5 The limitation of this right may lead to constitutional scrutiny. The emphasis will thus be on ensuring that the balance with regards to proportionality in the use of deadly force is maintained. During the research it became apparent that the police, especially during crowd management situations, served political interests.6 This had the unintended consequence that the laws were applied to suit the political narrative and not the rule of law. The use of force in the policing arena is controversial. It is very clear that any misuse of force in crowd management situations will evoke the historical wounds associated with apartheid. However, within crowd management, the use of force and the authority to use deadly force is absolutely necessary. The Marikana massacre was used to highlight the mistakes that police have made during inappropriate use of force and its catastrophic consequences.7 It was observed that the legislative framework concerning the use of force, whether under section 49 of the CPA or section 9 of the RGA, is incoherent and too complex. The research argues for simplicity and accuracy within policy and applicable legislative alignment. The linkages from the applicable legislation to the institutional policies should never be outdated or incorrectly formulated. The violent rhetoric from politicians such as ex-president Jacob Zuma, 8 Minister Fikile Mbalula 9 and Bheki Cele10 fuels the argument that the police are susceptible to misdirected notions and may cause the police act unlawfully. The Constitution requires the police to “enforce the law”11 and as such there is an obligation on the police to do this within the constitutional parameters. The correct use of deadly force will only be achieved if the SAPS adequately resource, train and regularly refresh their members regarding the use of force when policing protests. , Thesis (LLM -- Faculty of Law, School of Criminal and Procedural Law, 2023
- Full Text:
- Date Issued: 2023-04
A systematic risk management model for construction project management: a case study of the new infrastructure project in the University of Mpumalanga
- Authors: Lukhele, Themba Mfanafuthi
- Date: 2023-04
- Subjects: Risk management , Construction industry -- Management , Infrastructure -- University of Mpumalanga
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60479 , vital:65609
- Description: The construction industry has become the significant player in the economy of many developed and developing countries in the world. The industry contributes to the Gross Domestic Product (GDP) and employment rate of many nations. As such, the industry is the engine for the economic development and growth across the world. Recently, African countries have received global attention due to its calls for massive infrastructure development and maintenance thereof. Accordingly, the South African government has adopted a National Infrastructure Development Plan (NIDP), which seeks not only to transform the economic landscape of the country, but also to support the integration of the African economies through infrastructure development. To ensure that the execution of these infrastructure projects is successfully delivered in terms of time, cost, and scope; project risk management in the construction industry has become an important area of interest in the execution and delivery of the infrastructure projects. However, the constantly increasing complexity and dynamics in the delivery of construction projects have serious effects on the risk management processes during the execution of the project. In practice, risk methods and techniques have proven to be unrealistic when using the traditional risk management approach in the context of the complexity and dynamic environments wherein construction projects are delivered. Worryingly, project management practitioners in engineering and construction projects still lack the holistic and systematic insight and understanding of construction projects when applying the risk management procedures in the complex and dynamic projects environments. As a result, there are growing reports of unsatisfactory delivery of construction projects in terms of time, cost, quality, and environmental objectives. In this regard, the call for embracing the systems thinking paradigm as the alternative approach that will provide more clarity in dealing with the complex management challenges and which will gradually substitute the traditional theoretical approach of dealing with construction project management, is becoming prominent. Against this background, this study uses a multiple case study approach to explore how a systematic risk management approach could be developed and applied towards successful delivery of construction projects, and subsequently to propose a systematic risk management model that is designed to depict and grasp the underlying complexities and dynamics embedded ix | P a g e in construction projects. The choice of the case study design is founded on its utility and appropriateness for in-depth investigations into phenomena in its context as well as its usefulness for exploratory studies. Therefore, to explore the risk management phenomenon in real-life settings, the unit of analysis in this study was based on three construction projects built in one of the new Institutions of Higher Learning in South Africa during the period between 2017 and 2019. Notwithstanding the unique characteristics of these projects, the complexity and dynamic environments of these projects also emanated from the facts that i) the successful delivery of the projects was a predecessor activity to the academic schedule and activities; ii) this was one of the first universities to be built by the democratic Republic of South Africa; and, iii) the construction contract used for the delivery of the construction projects is relatively new to the professionals in the country’s construction industry. This qualitative case study design has its backbone in the constructivism philosophical paradigm which is underpinned by the ontology that there are multiple realities as conceptualized, experienced, and perceived by the people in their real-life situations or natural settings. Accordingly, the construction professionals, projects’ documents as well as field work observations were purposively chosen as the essential and reliable methods of data collection for this case study. For analysis, a conventional content data analysis methodology was applied on the empirical data that was obtained from the multiple data sources to provide a clearer understanding of the contexts in which the risk management for construction projects is performed. Accordingly, a qualitative data analysis software system called MAXQDA was used to enable the performance of data coding, managing coding, and eventually the retrieving of the coded segments in a form of visual models and summary tables. Ultimately, the qualitative content analysis approach in this thesis was performed in terms of a ‘critical filter of thick description’ which involved a balanced approach between the deductive analysis and the inductive analysis processes. With the assistance of the MAXQDA, performing the multiple levels coding and analysis processes in this thesis has not only been efficient, but also more reliable. To shed insight into the empirical findings of the study, a hybrid theoretical framework has been applied in the discussion and interpretation of the findings. The theoretical framework of this study is underpinned by the complexity theory and the theory of systems engineering. The applicability of these theories in this study is essential in providing a x | P a g e systematic and logical explanation of the practices of risk management in construction projects and further helps to explain why particular events occurred in the processes of risk management. Eventually, the theoretical framework has enabled the designing and developing of a systematic risk management model that will assist in depicting and grasping the underlying complexities while supporting proactive decision making in the delivery of construction projects. To this end, this study has made several major contributions in three multiple folds in the body of knowledge. Firstly, this study makes theoretical contributions by developing an empirically underpinned systematic risk management model which provide more clarity on comprehending the multifaceted and complex risk factors embedded in construction projects. Secondly, the qualitative case study approach and the associated analysis methods thereof in this thesis provides novelty and lays the groundwork for future research and methodological replicability in another similar phenomenon elsewhere in the world. Thirdly, this study has gone some way towards expanding the understanding and the basis for managerial decision making in relation to front-end planning and proactive approach for risk management, and eventually to improve projects’ performances on cost, time, scope, and environmental sustainability. In this regard, the key practical implication for project management practitioners is that the adoption and embracing of the systematic and holistic thinking approach in the risk management processes could enhance the successful delivery of construction projects. In the literature, there is paucity and need for more research into the exploration and analysis of the integration and interplay between the systems engineering and complexity perspectives and the other knowledge areas in the PMBOK. In conclusion, this thesis therefore argues that to address the deficiencies in risk management practices during construction projects’ delivery, the solution requires a paradigm shift from the traditional linear approach which, by design, overlooks the complexities, non-linearity and interdependences of the elements that are underpinning and characterizing the nature of the contemporary construction projects. Therefore, this thesis supports the increasingly emerging debate on the discourse that the superior traditional and linear approaches do not solve the current problems, and as such they should be replaced with the systems and holistic thinking approach that will provide more clarity in dealing with the complex management challenges in contemporary construction projects. , Thesis (PhD) -- Faculty of Engineering, Built environment and Information Technology, School of the built Environment 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Lukhele, Themba Mfanafuthi
- Date: 2023-04
- Subjects: Risk management , Construction industry -- Management , Infrastructure -- University of Mpumalanga
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60479 , vital:65609
- Description: The construction industry has become the significant player in the economy of many developed and developing countries in the world. The industry contributes to the Gross Domestic Product (GDP) and employment rate of many nations. As such, the industry is the engine for the economic development and growth across the world. Recently, African countries have received global attention due to its calls for massive infrastructure development and maintenance thereof. Accordingly, the South African government has adopted a National Infrastructure Development Plan (NIDP), which seeks not only to transform the economic landscape of the country, but also to support the integration of the African economies through infrastructure development. To ensure that the execution of these infrastructure projects is successfully delivered in terms of time, cost, and scope; project risk management in the construction industry has become an important area of interest in the execution and delivery of the infrastructure projects. However, the constantly increasing complexity and dynamics in the delivery of construction projects have serious effects on the risk management processes during the execution of the project. In practice, risk methods and techniques have proven to be unrealistic when using the traditional risk management approach in the context of the complexity and dynamic environments wherein construction projects are delivered. Worryingly, project management practitioners in engineering and construction projects still lack the holistic and systematic insight and understanding of construction projects when applying the risk management procedures in the complex and dynamic projects environments. As a result, there are growing reports of unsatisfactory delivery of construction projects in terms of time, cost, quality, and environmental objectives. In this regard, the call for embracing the systems thinking paradigm as the alternative approach that will provide more clarity in dealing with the complex management challenges and which will gradually substitute the traditional theoretical approach of dealing with construction project management, is becoming prominent. Against this background, this study uses a multiple case study approach to explore how a systematic risk management approach could be developed and applied towards successful delivery of construction projects, and subsequently to propose a systematic risk management model that is designed to depict and grasp the underlying complexities and dynamics embedded ix | P a g e in construction projects. The choice of the case study design is founded on its utility and appropriateness for in-depth investigations into phenomena in its context as well as its usefulness for exploratory studies. Therefore, to explore the risk management phenomenon in real-life settings, the unit of analysis in this study was based on three construction projects built in one of the new Institutions of Higher Learning in South Africa during the period between 2017 and 2019. Notwithstanding the unique characteristics of these projects, the complexity and dynamic environments of these projects also emanated from the facts that i) the successful delivery of the projects was a predecessor activity to the academic schedule and activities; ii) this was one of the first universities to be built by the democratic Republic of South Africa; and, iii) the construction contract used for the delivery of the construction projects is relatively new to the professionals in the country’s construction industry. This qualitative case study design has its backbone in the constructivism philosophical paradigm which is underpinned by the ontology that there are multiple realities as conceptualized, experienced, and perceived by the people in their real-life situations or natural settings. Accordingly, the construction professionals, projects’ documents as well as field work observations were purposively chosen as the essential and reliable methods of data collection for this case study. For analysis, a conventional content data analysis methodology was applied on the empirical data that was obtained from the multiple data sources to provide a clearer understanding of the contexts in which the risk management for construction projects is performed. Accordingly, a qualitative data analysis software system called MAXQDA was used to enable the performance of data coding, managing coding, and eventually the retrieving of the coded segments in a form of visual models and summary tables. Ultimately, the qualitative content analysis approach in this thesis was performed in terms of a ‘critical filter of thick description’ which involved a balanced approach between the deductive analysis and the inductive analysis processes. With the assistance of the MAXQDA, performing the multiple levels coding and analysis processes in this thesis has not only been efficient, but also more reliable. To shed insight into the empirical findings of the study, a hybrid theoretical framework has been applied in the discussion and interpretation of the findings. The theoretical framework of this study is underpinned by the complexity theory and the theory of systems engineering. The applicability of these theories in this study is essential in providing a x | P a g e systematic and logical explanation of the practices of risk management in construction projects and further helps to explain why particular events occurred in the processes of risk management. Eventually, the theoretical framework has enabled the designing and developing of a systematic risk management model that will assist in depicting and grasping the underlying complexities while supporting proactive decision making in the delivery of construction projects. To this end, this study has made several major contributions in three multiple folds in the body of knowledge. Firstly, this study makes theoretical contributions by developing an empirically underpinned systematic risk management model which provide more clarity on comprehending the multifaceted and complex risk factors embedded in construction projects. Secondly, the qualitative case study approach and the associated analysis methods thereof in this thesis provides novelty and lays the groundwork for future research and methodological replicability in another similar phenomenon elsewhere in the world. Thirdly, this study has gone some way towards expanding the understanding and the basis for managerial decision making in relation to front-end planning and proactive approach for risk management, and eventually to improve projects’ performances on cost, time, scope, and environmental sustainability. In this regard, the key practical implication for project management practitioners is that the adoption and embracing of the systematic and holistic thinking approach in the risk management processes could enhance the successful delivery of construction projects. In the literature, there is paucity and need for more research into the exploration and analysis of the integration and interplay between the systems engineering and complexity perspectives and the other knowledge areas in the PMBOK. In conclusion, this thesis therefore argues that to address the deficiencies in risk management practices during construction projects’ delivery, the solution requires a paradigm shift from the traditional linear approach which, by design, overlooks the complexities, non-linearity and interdependences of the elements that are underpinning and characterizing the nature of the contemporary construction projects. Therefore, this thesis supports the increasingly emerging debate on the discourse that the superior traditional and linear approaches do not solve the current problems, and as such they should be replaced with the systems and holistic thinking approach that will provide more clarity in dealing with the complex management challenges in contemporary construction projects. , Thesis (PhD) -- Faculty of Engineering, Built environment and Information Technology, School of the built Environment 2023
- Full Text:
- Date Issued: 2023-04
Community participation in selected public schools of Komani, Eastern Cape
- Authors: Sondlo, Oyisa
- Date: 2023-04
- Subjects: Community participation , Common schools , Chris Hani District, Eastern Cape
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/61578 , vital:71379
- Description: This study is located in Mlungisi Township of Komani in the Eastern Cape - where the aim was to closely examine the role played by this community to build and govern its public schools. The study selected the three biggest schools in the area to examine how the community’s involvement in them has surfaced from their founding up to the present times. The study found that through these three schools, this community managed, under apartheid, to take initiative by mobilising itself for self-development by building these schools and infusing them with a liberation curriculum that was required for the conditions of oppression and resistance at the time. This community in essence turned the intentions of Bantu education around by using these schools as sites of alternative education that was delivered by its own activist teachers to conscientise the student youth about community struggles. Black people in this community used these schools as emancipatory spaces to connect student struggles with community struggles to build community power. In the post-apartheid epoch, much of these traditions and levels of community participation have dropped because of new precarious economies and labour conditions that keep the adult population busy. As a result, present-day community participation is not as politically intentional as it was under apartheid. Theoretically, the study applied Paulo Freire’s Critical Community Pedagogy. Methodologically, the study utilised critical qualitative oral histories and semi-structured interviews. , Thesis (MA) -- Faculty of Humanities, School of Governmental and Social Sciences, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Sondlo, Oyisa
- Date: 2023-04
- Subjects: Community participation , Common schools , Chris Hani District, Eastern Cape
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/61578 , vital:71379
- Description: This study is located in Mlungisi Township of Komani in the Eastern Cape - where the aim was to closely examine the role played by this community to build and govern its public schools. The study selected the three biggest schools in the area to examine how the community’s involvement in them has surfaced from their founding up to the present times. The study found that through these three schools, this community managed, under apartheid, to take initiative by mobilising itself for self-development by building these schools and infusing them with a liberation curriculum that was required for the conditions of oppression and resistance at the time. This community in essence turned the intentions of Bantu education around by using these schools as sites of alternative education that was delivered by its own activist teachers to conscientise the student youth about community struggles. Black people in this community used these schools as emancipatory spaces to connect student struggles with community struggles to build community power. In the post-apartheid epoch, much of these traditions and levels of community participation have dropped because of new precarious economies and labour conditions that keep the adult population busy. As a result, present-day community participation is not as politically intentional as it was under apartheid. Theoretically, the study applied Paulo Freire’s Critical Community Pedagogy. Methodologically, the study utilised critical qualitative oral histories and semi-structured interviews. , Thesis (MA) -- Faculty of Humanities, School of Governmental and Social Sciences, 2023
- Full Text:
- Date Issued: 2023-04
Workplace Discrimination Based on Pregnancy
- Authors: Pathiswa, Mbongwana
- Date: 2023-04
- Subjects: Employment discrimination , Pregnancy
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60797 , vital:67819
- Description: In the past, South Africa was marked by widespread discriminatory practices, many of which still exist to date. This study investigates the persistent discrimination against pregnant women. The study revealed that in South Africa, pregnant women continue to face discrimination in employment and are often denied the right to go on maternity leave, nursing or breastfeeding and childcare facilities. Presently, pregnancy is listed as a prohibited ground for discrimination in the South African Constitution as well as many ILO Conventions. Similarly, the South African labour law framework which gives effect to the Constitution provides for the protection of women and pregnant workers. This protection comes in the form of measures that proscribe dismissal and discrimination based on. Despite these legislation, this study finds that the less favorable treatment of women and pregnant workers in South African workplaces has become increasingly common, and this has turned into a contentious subject. This study focused on labour legislation that has been developed to safeguard pregnant women in the workplace in light of applicable constitutional protections. Notwithstanding these legislative protections for pregnant women in the workplace, the analysis shows that many pregnant women continue to be treated unfairly due to their pregnancies or for reasons linked to their pregnancies. Consequently, there has been a regression in the actual execution of laws and regulations protecting pregnant workers. The study highlights the need to establish mechanisms to ensure that legislation protecting pregnant workers in the workplace achieves its intended purpose and is implemented properly. Consequently, this study presents pertinent suggestions about the implementation of labour legislation so that the employment rights of women and pregnant workers are adequately safeguarded. , Thesis (LLB) -- Faculty of Law, School of Mercantile Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Pathiswa, Mbongwana
- Date: 2023-04
- Subjects: Employment discrimination , Pregnancy
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60797 , vital:67819
- Description: In the past, South Africa was marked by widespread discriminatory practices, many of which still exist to date. This study investigates the persistent discrimination against pregnant women. The study revealed that in South Africa, pregnant women continue to face discrimination in employment and are often denied the right to go on maternity leave, nursing or breastfeeding and childcare facilities. Presently, pregnancy is listed as a prohibited ground for discrimination in the South African Constitution as well as many ILO Conventions. Similarly, the South African labour law framework which gives effect to the Constitution provides for the protection of women and pregnant workers. This protection comes in the form of measures that proscribe dismissal and discrimination based on. Despite these legislation, this study finds that the less favorable treatment of women and pregnant workers in South African workplaces has become increasingly common, and this has turned into a contentious subject. This study focused on labour legislation that has been developed to safeguard pregnant women in the workplace in light of applicable constitutional protections. Notwithstanding these legislative protections for pregnant women in the workplace, the analysis shows that many pregnant women continue to be treated unfairly due to their pregnancies or for reasons linked to their pregnancies. Consequently, there has been a regression in the actual execution of laws and regulations protecting pregnant workers. The study highlights the need to establish mechanisms to ensure that legislation protecting pregnant workers in the workplace achieves its intended purpose and is implemented properly. Consequently, this study presents pertinent suggestions about the implementation of labour legislation so that the employment rights of women and pregnant workers are adequately safeguarded. , Thesis (LLB) -- Faculty of Law, School of Mercantile Law, 2023
- Full Text:
- Date Issued: 2023-04
Implementation of technological innovations within the South African construction industry
- Authors: Koopman, Kelly Leigh
- Date: 2023-04
- Subjects: Technological innovations , construction industry -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60960 , vital:69301
- Description: In South Africa the construction industry has grown by more than 15% per annum over the past five-years and the construction industry is facing several pressures to decrease costs, improve productivity and to develop a competitive edge in terms of quality of service and customer satisfaction. Faced with a growing demand for service delivery the industry must seek new and improved ways to stay competitive in this market space. By effectively analysing the construction market all role players within the AEC industry can adopt new trends and techniques being implemented by either their foreign counterparts or direct competitors. One of these trends within the industry is technological innovations; each designed to play a beneficial role in construction industry advancements. It is clear that our industry is moving forward at an alarming rate, yet our foreign counterparts seem to be one step ahead. Based on the 2010 Soccer World Cup it was clear that the South African AEC Industry had the ability to conform and deliver on world class infrastructure, yet we still seem to have a slow adoption rate surrounding technological innovations. Investigating the depth of knowledge based around the most popular technological innovations currently being implemented can provide a clear view as to what S.A industry role players see as potentially profitable within our marketplace and the steps that could be taken to provide further research pertaining to those technological innovations which are being overlooked. Establishing the most prominent barriers preventing technological adoption within the South African AEC Industry can effectively be compared with those faced by foreign counterparts to mirror their solutions to similar problems. Finally, by establishing whether resistance to a changing environment plays a vital role in the hindrance to technological adoption one can access the extent to which the AEC Industry may effectively change based on a projected industry time frame. , Thesis (MSc) -- Faculty of Engineering, the Built Environment and Technology, School of the Built Environment, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Koopman, Kelly Leigh
- Date: 2023-04
- Subjects: Technological innovations , construction industry -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60960 , vital:69301
- Description: In South Africa the construction industry has grown by more than 15% per annum over the past five-years and the construction industry is facing several pressures to decrease costs, improve productivity and to develop a competitive edge in terms of quality of service and customer satisfaction. Faced with a growing demand for service delivery the industry must seek new and improved ways to stay competitive in this market space. By effectively analysing the construction market all role players within the AEC industry can adopt new trends and techniques being implemented by either their foreign counterparts or direct competitors. One of these trends within the industry is technological innovations; each designed to play a beneficial role in construction industry advancements. It is clear that our industry is moving forward at an alarming rate, yet our foreign counterparts seem to be one step ahead. Based on the 2010 Soccer World Cup it was clear that the South African AEC Industry had the ability to conform and deliver on world class infrastructure, yet we still seem to have a slow adoption rate surrounding technological innovations. Investigating the depth of knowledge based around the most popular technological innovations currently being implemented can provide a clear view as to what S.A industry role players see as potentially profitable within our marketplace and the steps that could be taken to provide further research pertaining to those technological innovations which are being overlooked. Establishing the most prominent barriers preventing technological adoption within the South African AEC Industry can effectively be compared with those faced by foreign counterparts to mirror their solutions to similar problems. Finally, by establishing whether resistance to a changing environment plays a vital role in the hindrance to technological adoption one can access the extent to which the AEC Industry may effectively change based on a projected industry time frame. , Thesis (MSc) -- Faculty of Engineering, the Built Environment and Technology, School of the Built Environment, 2023
- Full Text:
- Date Issued: 2023-04
The enforcement of settlement of agreements and arbitration awards
- Authors: Thathoba, Portia Chwayita
- Date: 2023-04
- Subjects: Law enforcement , Settlements (Law) , Arbitration and award -- Law and legislation
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60696 , vital:66366
- Description: The Labour Relations Act (LRA) recognises settlement agreements and arbitration awards as mechanisms by which the rights of parties in troubled employment relationships can be asserted. Commission for Conciliation Mediation and Arbitration (CCMA) is a statutory body empowered to make and pronounce on such rights through settlement agreements and arbitration awards. The CCMA caters for those earning within the stipulated ministerial threshold falling outside the existing bargaining forums. However, not much empirical evidence is available to indicate the challenges experienced by parties when attempting to enforce those CCMA rulings to get defaulters to comply. South African law accepts settlement agreements as part of dispute resolution mechanism, but the experience of some who hold settlement agreements is such that they are exposed to prejudice when they are required to have the settlement agreement converted to arbitration awards which essentially requires alteration of the very settlement agreed upon. The broad objective of taking matters to the CCMA for resolution with the possibility of having them resolved at conciliation phase cannot be achieved if a settlement agreement is not worth the paper written on and must be made an arbitration award for enforceability. The two are not the same, nor should they be made to be and trying to give them a similar status for enforceability purposes brings about a myriad of unintended challenges. While it could be argued that there also exists section 158 (1) (c) of the LRA if the requirements of section 142A are challenging, it could also be said that such a provision is inaccessible to indigent individuals who may only be able to invoke that provision at the mercy of legal practitioners willing to take cases pro bono for those parties to even stand a chance at enforcing compliance with a settlement agreement that was entered into voluntarily. Such a system allows for employers to bail out on settlement agreements without consequence make a mockery of the CCMA. To a serious degree, this suggest lack of certainty on the part of CCMA and its ability to bring matters to finality which is an important element to realisation of justice. This study sought to examine the way settlement agreements and arbitration awards are enforced, with dedicated focus on the requirement that must be satisfied in order to have force and effect. With the above in mind, chapter one dealt with how settlement agreements and arbitration awards are given force and effect through the LRA as envisaged in section 142A. The chapter explored challenges brought by the enforcement process and what that may mean to the objectives intended by the legislation. Chapter two encapsulates the framework under which the CCMA operates and enforces its decisions, a framework envisaged to be less formal and non-legalistic for the expedient resolution of labour disputes. Chapter three touches on the challenges met with section 143 implementation and highlights some case law prior and after the LRA amendments. Lastly chapter four looked into the enforcement of international or foreign arbitration awards within the South African context given the affiliation with international organisations such as International Labour Organisation (ILO). While it may be good for South Africa to align herself with international practices, it is worth noting that South Africa is still developing in international arbitration as a mode of alternative dispute resolution, but its prevalence as a preferred dispute resolution mechanism is without a doubt increasing. , Thesis (LLM) -- Faculty of Law, School of Mercantile Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Thathoba, Portia Chwayita
- Date: 2023-04
- Subjects: Law enforcement , Settlements (Law) , Arbitration and award -- Law and legislation
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60696 , vital:66366
- Description: The Labour Relations Act (LRA) recognises settlement agreements and arbitration awards as mechanisms by which the rights of parties in troubled employment relationships can be asserted. Commission for Conciliation Mediation and Arbitration (CCMA) is a statutory body empowered to make and pronounce on such rights through settlement agreements and arbitration awards. The CCMA caters for those earning within the stipulated ministerial threshold falling outside the existing bargaining forums. However, not much empirical evidence is available to indicate the challenges experienced by parties when attempting to enforce those CCMA rulings to get defaulters to comply. South African law accepts settlement agreements as part of dispute resolution mechanism, but the experience of some who hold settlement agreements is such that they are exposed to prejudice when they are required to have the settlement agreement converted to arbitration awards which essentially requires alteration of the very settlement agreed upon. The broad objective of taking matters to the CCMA for resolution with the possibility of having them resolved at conciliation phase cannot be achieved if a settlement agreement is not worth the paper written on and must be made an arbitration award for enforceability. The two are not the same, nor should they be made to be and trying to give them a similar status for enforceability purposes brings about a myriad of unintended challenges. While it could be argued that there also exists section 158 (1) (c) of the LRA if the requirements of section 142A are challenging, it could also be said that such a provision is inaccessible to indigent individuals who may only be able to invoke that provision at the mercy of legal practitioners willing to take cases pro bono for those parties to even stand a chance at enforcing compliance with a settlement agreement that was entered into voluntarily. Such a system allows for employers to bail out on settlement agreements without consequence make a mockery of the CCMA. To a serious degree, this suggest lack of certainty on the part of CCMA and its ability to bring matters to finality which is an important element to realisation of justice. This study sought to examine the way settlement agreements and arbitration awards are enforced, with dedicated focus on the requirement that must be satisfied in order to have force and effect. With the above in mind, chapter one dealt with how settlement agreements and arbitration awards are given force and effect through the LRA as envisaged in section 142A. The chapter explored challenges brought by the enforcement process and what that may mean to the objectives intended by the legislation. Chapter two encapsulates the framework under which the CCMA operates and enforces its decisions, a framework envisaged to be less formal and non-legalistic for the expedient resolution of labour disputes. Chapter three touches on the challenges met with section 143 implementation and highlights some case law prior and after the LRA amendments. Lastly chapter four looked into the enforcement of international or foreign arbitration awards within the South African context given the affiliation with international organisations such as International Labour Organisation (ILO). While it may be good for South Africa to align herself with international practices, it is worth noting that South Africa is still developing in international arbitration as a mode of alternative dispute resolution, but its prevalence as a preferred dispute resolution mechanism is without a doubt increasing. , Thesis (LLM) -- Faculty of Law, School of Mercantile Law, 2023
- Full Text:
- Date Issued: 2023-04
A Literacy Project with community members: Designing translanguaging storybooks for a multilingual community
- Authors: Senekal, Ischke
- Date: 2023-04
- Subjects: Literacy programs , Translanguaging (Linguistics) -- children's book , Multilingual -– society
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60916 , vital:69225
- Description: The purpose of this study was to establish a community-based literacy project that would design translingual storybooks accessible to all children and community members in terms of language, contextual relevance, and age appropriateness for a rural community in the Eastern Cape. Although multiple studies have been done worldwide, more research was needed on the impact community members thought it could have in South African society. This study's theoretical framework was drawn from Cen Williams's (1980) translanguaging. Williams (1980) viewed translanguaging as receiving information in one language (input) and relaying it in another language (output) to expand the competency of the two languages as well as ensure that deeper learning takes place (Wright & Baker, 2017). Translanguaging has evolved throughout the centuries. García and Wei (2014) describe it as a single repertoire that is being used since students integrate their languages and create a new language that they use to function in the world. A qualitative approach was used to answer the research question: "How can a translingual pedagogy enhance communicative repertories in designing community translingual storybooks?" A CPAR design was used to answer the research questions. Through workshops, focus groups, storyboards, and draw-and-talk, the researcher aimed to discover how a translingual pedagogy could enhance communicative repertoires by designing translingual storybooks. Lincoln and Guba's (1985) model of trustworthiness was used to guarantee trustworthiness by concentrating on credibility, transferability, dependability, confirmability, and reflexivity. Three main themes materialised from the data: using the mother tongue, isiXhosa, foundation to improve additional languages, interactive and structure-based strategies, and assets and drawbacks while creating resources with community members. The findings of this study indicated that multiple community members sometimes used their mother tongue to aid in the development of understanding additional languages, English and Afrikaans. They needed to learn the crucial roles they played in students' language development since they were the ones that could make those vital connections. The research participants needed an idea of the methods that could be used to design their translingual storybooks. They indicated that they wanted to work with other community members and wanted steps to follow to design these storybooks. The researcher had to present them with ideas of methods that fit their needs. The researcher knew that every study has assets and drawbacks depending on their view, the study's iii aims and goals, and the research question. It was found that the assets outweighed the drawbacks since the participants were an eager group of individuals. The research participants in this study come with a wide variety of knowledge about the needs of their community based on their experiences. They all have different job descriptions, but what brings them together is their desire to improve the community reading resources to improve their linguistic knowledge. The research participants designed the translingual storybooks at home and shared the data via WhatsApp. , Thesis (MEd) -- Faculty of Education, School for initial Teacher Education, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Senekal, Ischke
- Date: 2023-04
- Subjects: Literacy programs , Translanguaging (Linguistics) -- children's book , Multilingual -– society
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60916 , vital:69225
- Description: The purpose of this study was to establish a community-based literacy project that would design translingual storybooks accessible to all children and community members in terms of language, contextual relevance, and age appropriateness for a rural community in the Eastern Cape. Although multiple studies have been done worldwide, more research was needed on the impact community members thought it could have in South African society. This study's theoretical framework was drawn from Cen Williams's (1980) translanguaging. Williams (1980) viewed translanguaging as receiving information in one language (input) and relaying it in another language (output) to expand the competency of the two languages as well as ensure that deeper learning takes place (Wright & Baker, 2017). Translanguaging has evolved throughout the centuries. García and Wei (2014) describe it as a single repertoire that is being used since students integrate their languages and create a new language that they use to function in the world. A qualitative approach was used to answer the research question: "How can a translingual pedagogy enhance communicative repertories in designing community translingual storybooks?" A CPAR design was used to answer the research questions. Through workshops, focus groups, storyboards, and draw-and-talk, the researcher aimed to discover how a translingual pedagogy could enhance communicative repertoires by designing translingual storybooks. Lincoln and Guba's (1985) model of trustworthiness was used to guarantee trustworthiness by concentrating on credibility, transferability, dependability, confirmability, and reflexivity. Three main themes materialised from the data: using the mother tongue, isiXhosa, foundation to improve additional languages, interactive and structure-based strategies, and assets and drawbacks while creating resources with community members. The findings of this study indicated that multiple community members sometimes used their mother tongue to aid in the development of understanding additional languages, English and Afrikaans. They needed to learn the crucial roles they played in students' language development since they were the ones that could make those vital connections. The research participants needed an idea of the methods that could be used to design their translingual storybooks. They indicated that they wanted to work with other community members and wanted steps to follow to design these storybooks. The researcher had to present them with ideas of methods that fit their needs. The researcher knew that every study has assets and drawbacks depending on their view, the study's iii aims and goals, and the research question. It was found that the assets outweighed the drawbacks since the participants were an eager group of individuals. The research participants in this study come with a wide variety of knowledge about the needs of their community based on their experiences. They all have different job descriptions, but what brings them together is their desire to improve the community reading resources to improve their linguistic knowledge. The research participants designed the translingual storybooks at home and shared the data via WhatsApp. , Thesis (MEd) -- Faculty of Education, School for initial Teacher Education, 2023
- Full Text:
- Date Issued: 2023-04
The programmatic enforcement of the affirmative action provisions of the employment equity act, 55 of 1998
- Authors: Ntshoza, Zoleka Albertina
- Date: 2023-04
- Subjects: Program -- implementation , Affirmative action programs , Discrimination in employment -– Law and legislation —- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60832 , vital:67863
- Description: This study explores the mechanisms contained in the Employment Equity Act of 1998 (EEA) that are in place to ensure that all employers comply with the EEA. The research introduces the topic and the background of the EEA and further discusses its important provisions. The EEA is an Act which was adopted to enable section 9 and 23 (1) of the Constitution. It is there to ensure equality in the workplace. The purpose of the EEA is to eliminate unfair discrimination in the workplace and promote equity for designated groups. This research discusses the application of the EEA and its interpretation by our courts. It does this by discussing leading cases of the EEA and other relevant fields of the labour law. Amongst other discussions in the research is the case of South African Police Service v Solidarity obo Bernard. In this case, a white female employee referred a matter of unfair discrimination to the court for her non-appointment, even though she was the only one who qualified for the job. The employer had preferred a black female candidate for the position. The court held that the discrimination was fair and relied on the employers Employment Equity Plan to determine whether the discrimination was just and equitable in terms of section 36 of the Constitution. Thereafter, this research considers the role of different bodies or structures that are in place to ensure compliance and implementation of affirmative action policies as outlined in the EEA. At the centre of this research is the role played by the inspectorate, the Commission for Employment Equity, and the Director General of the Department of Employment and Labour. These are the structures of the Department of Employment and Labour that are charged with enforcement of the labour laws and policies. Each structure has its own legislative duties. For example, in terms of the EEA, the inspector must conduct inspections for the employer’s workplace, make recommendations for compliance where it is necessary, and issue fines as a final sanction for non-compliance. On the other hand, the Commission for Employment Equity (CEE) investigating compliance, issuing annual reports, doing compliance reviews, issuing certificates of compliance and non-compliance and awards etc. In addition, the research also explores the enforcement penalties imposed by the EEA. It also incorporates a comparative study between the penalties imposed by South Africa with that of Namibia and Canada. This study will show how Canada’s EEA and South Africa are lenient compared to the Namibian one. In Namibia, non-compliance is not only sanctioned with fines but with other harsh sanctions that have detrimental effects on non-complying employers. Finally, the research makes a summary and findings of the study. Thereafter, it discusses the failures and shortfalls of the EEA. These critiques are made in comparison with other EEA such as Namibia, and further the researcher offers her personal critiques and recommendations to the current system. It then concludes by summarising the findings of the final chapter , Thesis (LLM) -- Faculty of Law, School of of Labour Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Ntshoza, Zoleka Albertina
- Date: 2023-04
- Subjects: Program -- implementation , Affirmative action programs , Discrimination in employment -– Law and legislation —- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60832 , vital:67863
- Description: This study explores the mechanisms contained in the Employment Equity Act of 1998 (EEA) that are in place to ensure that all employers comply with the EEA. The research introduces the topic and the background of the EEA and further discusses its important provisions. The EEA is an Act which was adopted to enable section 9 and 23 (1) of the Constitution. It is there to ensure equality in the workplace. The purpose of the EEA is to eliminate unfair discrimination in the workplace and promote equity for designated groups. This research discusses the application of the EEA and its interpretation by our courts. It does this by discussing leading cases of the EEA and other relevant fields of the labour law. Amongst other discussions in the research is the case of South African Police Service v Solidarity obo Bernard. In this case, a white female employee referred a matter of unfair discrimination to the court for her non-appointment, even though she was the only one who qualified for the job. The employer had preferred a black female candidate for the position. The court held that the discrimination was fair and relied on the employers Employment Equity Plan to determine whether the discrimination was just and equitable in terms of section 36 of the Constitution. Thereafter, this research considers the role of different bodies or structures that are in place to ensure compliance and implementation of affirmative action policies as outlined in the EEA. At the centre of this research is the role played by the inspectorate, the Commission for Employment Equity, and the Director General of the Department of Employment and Labour. These are the structures of the Department of Employment and Labour that are charged with enforcement of the labour laws and policies. Each structure has its own legislative duties. For example, in terms of the EEA, the inspector must conduct inspections for the employer’s workplace, make recommendations for compliance where it is necessary, and issue fines as a final sanction for non-compliance. On the other hand, the Commission for Employment Equity (CEE) investigating compliance, issuing annual reports, doing compliance reviews, issuing certificates of compliance and non-compliance and awards etc. In addition, the research also explores the enforcement penalties imposed by the EEA. It also incorporates a comparative study between the penalties imposed by South Africa with that of Namibia and Canada. This study will show how Canada’s EEA and South Africa are lenient compared to the Namibian one. In Namibia, non-compliance is not only sanctioned with fines but with other harsh sanctions that have detrimental effects on non-complying employers. Finally, the research makes a summary and findings of the study. Thereafter, it discusses the failures and shortfalls of the EEA. These critiques are made in comparison with other EEA such as Namibia, and further the researcher offers her personal critiques and recommendations to the current system. It then concludes by summarising the findings of the final chapter , Thesis (LLM) -- Faculty of Law, School of of Labour Law, 2023
- Full Text:
- Date Issued: 2023-04
A strategic turnaround model for distressed properties
- Authors: Pitsiladi, Lesvokli N
- Date: 2023-04
- Subjects: Reorganization , Distressed properties
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60467 , vital:65603
- Description: The importance of commercial real estate is clearly shown by the role it plays, worldwide, in the sustainability of economic activities, with a substantial global impact when measured in monetary terms. This study responds to an important gap in the built environment and turnaround literature relating to the likelihood of a successful distressed commercial property financial recovery. The present research effort addressed the absence of empirical evidence by identifying a number of important factors that influence the likelihood of a successful distressed, commercial property financial recovery. Once the important factors that increase the likelihood of recovery have been determined, the results can be used as a basis for turnaround strategies concerning property investors who invest in distressed opportunities. A theoretical turnaround model concerning properties in distress, would be of interest to ‘opportunistic investing’ yield-hungry investors targeting real estate transactions involving ‘turnaround’ potential. Against this background, the main research problem investigated in the present research effort was as follows: Determine the important factors that would increase the likelihood of a successful distressed commercial property financial recovery. A proposed theoretical model was constructed and empirically tested through a questionnaire distributed physically and electronically to a sample of real estate practitioners from across the globe, and who had all been involved, directly or indirectly, with reviving distressed properties. An explanation was provided to respondents of how the questionnaire was developed and how it would be administered. The demographic information pertaining to the 391 respondents was analysed and summarised. The statistical analysis performed to ensure the validity and reliability of the results, was explained to respondents, together with a detailed description of the covariance structural equation modelling method used to verify the proposed theoretical conceptual model. vi The independent variables of the present research effort comprised; Obsolescence Identification, Capital Improvements Feasibility, Tenant Mix, Triple Net Leases, Concessions, Property Management, Contracts, Business Analysis, Debt Renegotiation, Cost-Cutting, Market Analysis, Strategic Planning and Demography, while the dependent variable was The Perceived Likelihood of a Distressed Commercial Property Financial Recovery. After analysis of the findings, a revised model was then proposed and assessed. Both validity and reliability were assessed and resulted in the following factors that potentially influence the dependent variables; Strategy, Concessions, Tenant Mix, Debt Restructuring, Demography, Analyse Alternatives, Capital Improvements Feasibility, Property Management and Net Leases while, after analysis, the dependent variable was replaced by two dependent variables; The Likelihood of a Distressed Property Turnaround and The Likelihood of a Distressed Property Financial Recovery. The results showed that Strategy (comprising of items from Strategic Planning, Business Analysis, Obsolescence Identification and Property Management) and Concessions (comprising of items from Concessions and Triple Net Leases) had a positive influence on both the dependent variables. Property Management (comprising of items from Business Analysis, Property Management, Capital Improvements Feasibility and Tenant Mix) had a positive influence on Financial Turnaround variable while Capital Improvements Feasibility (comprising of items from Capital Improvements Feasibility, Obsolescence Identification and Property Management) had a negative influence on both. Demography (comprising of items only from Demography) had a negative influence on the Financial Recovery variable. The balance of the relationships were depicted as non-significant. The present research effort presents important actions that can be used to influence the turnaround and recovery of distressed real estate. The literature had indicated reasons to recover distressed properties as having wide-ranging economic consequences for the broader communities and the countries in which they reside. The turnaround of distressed properties will not only present financial rewards for opportunistic investors but will have positive effects on the greater community and economy and, thus, social and economic stability. Vii With the emergence of the COVID-19 pandemic crisis, issues with climate change and sustainability, global demographic shifts, changing user requirements, shifts in technology, the threat of obsolescence, urbanisation, globalisation, geo-political tensions, shifting global order, new trends and different generational expectations, it is becoming more apparent that the threat of distressed, abandoned and derelict properties is here to stay, and which will present future opportunities for turnaround, distressed property owners, as well as future worries for urban authorities and municipalities dealing with urban decay. The study concluded with an examination of the perceived limitations of the study as well as presenting a comprehensive range of suggestions for further research. , Thesis (PhD) -- Faculty of Engineering, Built Environment and Information Technology, School of the built Environment, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Pitsiladi, Lesvokli N
- Date: 2023-04
- Subjects: Reorganization , Distressed properties
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60467 , vital:65603
- Description: The importance of commercial real estate is clearly shown by the role it plays, worldwide, in the sustainability of economic activities, with a substantial global impact when measured in monetary terms. This study responds to an important gap in the built environment and turnaround literature relating to the likelihood of a successful distressed commercial property financial recovery. The present research effort addressed the absence of empirical evidence by identifying a number of important factors that influence the likelihood of a successful distressed, commercial property financial recovery. Once the important factors that increase the likelihood of recovery have been determined, the results can be used as a basis for turnaround strategies concerning property investors who invest in distressed opportunities. A theoretical turnaround model concerning properties in distress, would be of interest to ‘opportunistic investing’ yield-hungry investors targeting real estate transactions involving ‘turnaround’ potential. Against this background, the main research problem investigated in the present research effort was as follows: Determine the important factors that would increase the likelihood of a successful distressed commercial property financial recovery. A proposed theoretical model was constructed and empirically tested through a questionnaire distributed physically and electronically to a sample of real estate practitioners from across the globe, and who had all been involved, directly or indirectly, with reviving distressed properties. An explanation was provided to respondents of how the questionnaire was developed and how it would be administered. The demographic information pertaining to the 391 respondents was analysed and summarised. The statistical analysis performed to ensure the validity and reliability of the results, was explained to respondents, together with a detailed description of the covariance structural equation modelling method used to verify the proposed theoretical conceptual model. vi The independent variables of the present research effort comprised; Obsolescence Identification, Capital Improvements Feasibility, Tenant Mix, Triple Net Leases, Concessions, Property Management, Contracts, Business Analysis, Debt Renegotiation, Cost-Cutting, Market Analysis, Strategic Planning and Demography, while the dependent variable was The Perceived Likelihood of a Distressed Commercial Property Financial Recovery. After analysis of the findings, a revised model was then proposed and assessed. Both validity and reliability were assessed and resulted in the following factors that potentially influence the dependent variables; Strategy, Concessions, Tenant Mix, Debt Restructuring, Demography, Analyse Alternatives, Capital Improvements Feasibility, Property Management and Net Leases while, after analysis, the dependent variable was replaced by two dependent variables; The Likelihood of a Distressed Property Turnaround and The Likelihood of a Distressed Property Financial Recovery. The results showed that Strategy (comprising of items from Strategic Planning, Business Analysis, Obsolescence Identification and Property Management) and Concessions (comprising of items from Concessions and Triple Net Leases) had a positive influence on both the dependent variables. Property Management (comprising of items from Business Analysis, Property Management, Capital Improvements Feasibility and Tenant Mix) had a positive influence on Financial Turnaround variable while Capital Improvements Feasibility (comprising of items from Capital Improvements Feasibility, Obsolescence Identification and Property Management) had a negative influence on both. Demography (comprising of items only from Demography) had a negative influence on the Financial Recovery variable. The balance of the relationships were depicted as non-significant. The present research effort presents important actions that can be used to influence the turnaround and recovery of distressed real estate. The literature had indicated reasons to recover distressed properties as having wide-ranging economic consequences for the broader communities and the countries in which they reside. The turnaround of distressed properties will not only present financial rewards for opportunistic investors but will have positive effects on the greater community and economy and, thus, social and economic stability. Vii With the emergence of the COVID-19 pandemic crisis, issues with climate change and sustainability, global demographic shifts, changing user requirements, shifts in technology, the threat of obsolescence, urbanisation, globalisation, geo-political tensions, shifting global order, new trends and different generational expectations, it is becoming more apparent that the threat of distressed, abandoned and derelict properties is here to stay, and which will present future opportunities for turnaround, distressed property owners, as well as future worries for urban authorities and municipalities dealing with urban decay. The study concluded with an examination of the perceived limitations of the study as well as presenting a comprehensive range of suggestions for further research. , Thesis (PhD) -- Faculty of Engineering, Built Environment and Information Technology, School of the built Environment, 2023
- Full Text:
- Date Issued: 2023-04
Towards a Cybersecurity Skills Framework for South Africa
- Authors: Kruger, M
- Date: 2023-04
- Subjects: Computer systems--Security measures , Frameworks (Structures) -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/61200 , vital:69793
- Description: Cybersecurity is an ever-growing area of concern both globally and in South Africa. The increasing number of cyberattacks daily has had a large effect on individuals, organisations, governments, and society at large. The growing need to combat cybercrime is accompanied by the increased need for skilled IT professionals to assist in protecting against cybercrime. Currently, there is a worldwide cybersecurity skills gap and a lack of IT professionals with the requisite cybersecurity skills. Many countries have developed their own taxonomies and common lexicons for IT and cybersecurity work, specifically for their context. This type of common lexicon is important to help assist in the development of skills. However, South Africa does not yet have its own cybersecurity skills framework to serve as a common lexicon for the South African context. Hence, the problem defined for this study is that, without a common lexicon of the cybersecurity knowledge, skills, abilities, and tasks (KSATs) required of IT professionals as they relate to specific IT job roles in South Africa, the cybersecurity skills gap cannot be sufficiently addressed. Such a lexicon could help drive the development of skills in South Africa and, in so doing assist in alleviating the cybersecurity skills gap. This study therefore presents a common lexicon by collecting job postings over a four-month period from 1 October 2020 to 31 January 2021. These job postings were analysed using a thematic content analysis. The results identified 20 common IT job roles, together with the specific KSATs relating to each job role identified. As a result, these job roles form part of a proposed cybersecurity skills framework for South Africa (CSFwSA) which could help and guide South Africa towards more targeted cybersecurity skills development. The proposed framework could also be useful in guiding tertiary educational facilities in the creation of cybersecurity curricula that represent the real-world expectations. This, in turn, could help South Africa to address the cybersecurity skills gap by better preparing IT professionals and ensuring that they are trained and skilled in cybersecurity. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information Technology, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Kruger, M
- Date: 2023-04
- Subjects: Computer systems--Security measures , Frameworks (Structures) -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/61200 , vital:69793
- Description: Cybersecurity is an ever-growing area of concern both globally and in South Africa. The increasing number of cyberattacks daily has had a large effect on individuals, organisations, governments, and society at large. The growing need to combat cybercrime is accompanied by the increased need for skilled IT professionals to assist in protecting against cybercrime. Currently, there is a worldwide cybersecurity skills gap and a lack of IT professionals with the requisite cybersecurity skills. Many countries have developed their own taxonomies and common lexicons for IT and cybersecurity work, specifically for their context. This type of common lexicon is important to help assist in the development of skills. However, South Africa does not yet have its own cybersecurity skills framework to serve as a common lexicon for the South African context. Hence, the problem defined for this study is that, without a common lexicon of the cybersecurity knowledge, skills, abilities, and tasks (KSATs) required of IT professionals as they relate to specific IT job roles in South Africa, the cybersecurity skills gap cannot be sufficiently addressed. Such a lexicon could help drive the development of skills in South Africa and, in so doing assist in alleviating the cybersecurity skills gap. This study therefore presents a common lexicon by collecting job postings over a four-month period from 1 October 2020 to 31 January 2021. These job postings were analysed using a thematic content analysis. The results identified 20 common IT job roles, together with the specific KSATs relating to each job role identified. As a result, these job roles form part of a proposed cybersecurity skills framework for South Africa (CSFwSA) which could help and guide South Africa towards more targeted cybersecurity skills development. The proposed framework could also be useful in guiding tertiary educational facilities in the creation of cybersecurity curricula that represent the real-world expectations. This, in turn, could help South Africa to address the cybersecurity skills gap by better preparing IT professionals and ensuring that they are trained and skilled in cybersecurity. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information Technology, 2023
- Full Text:
- Date Issued: 2023-04
A risk management model for commercial property development and investment in Ghana
- Authors: Asianoah, Rexford Kofi
- Date: 2023-04
- Subjects: Risk management , Commercial real estate , Investment -- Ghana
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60493 , vital:65633
- Description: Commercial property development and investment provide many benefits to individuals and governments around the globe; these include the generation of income for investors, employment, tax revenues, and contributions to a country‘s GDP. Yet commercial property development and investment projects involve construction, economic and management risks. A lack of effective risk assessment and management tools may lead to developers and investors incurring losses. To curtail such losses, this study sought to create a credible management model that can be used to assess and manage risks in Ghana‘s commercial property development and investment industry. An extensive literature review was done, covering all 12 identified study constructs: real estate trends and cycle, construction project management, outside advice/mentorship, spatial development, strategic factors, business management skills, PMBOK, PESTEL analysis, general management skills, governance structures, financial feasibility, professional feasibility, and risk management. Each construct was defined and operationalised. A positivistic philosophical approach was used, and quantitative approach was used to solicit data from the main respondents through the distribution of questionnaires to the target population sample. CB-SEM and SPSS version 24 were used to analyse data, SEM to test the positive relationships hypothesised between the identified variables and SPSS to analyse the demographic data. The major findings are that there is a lack of financial and professional feasibility analysis among respondents along the following factors: the PMBOK, real estate trends and cycles, general management, business management, strategic factors, spatial development, and PESTEL analysis. It was found that these factors have positive and favourable influences on CPDI projects. The study recommends that developers and investors do financial and professional feasibility studies before they embark on projects. This could improve project viability in commercial property development and investment. The study has contributed to the body of knowledge in CPDI sector by developing a new risk assessment/risk management model. , Thesis (PhD) -- Faculty of Engineering Built Environment and Technology, School of the built Environment, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Asianoah, Rexford Kofi
- Date: 2023-04
- Subjects: Risk management , Commercial real estate , Investment -- Ghana
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60493 , vital:65633
- Description: Commercial property development and investment provide many benefits to individuals and governments around the globe; these include the generation of income for investors, employment, tax revenues, and contributions to a country‘s GDP. Yet commercial property development and investment projects involve construction, economic and management risks. A lack of effective risk assessment and management tools may lead to developers and investors incurring losses. To curtail such losses, this study sought to create a credible management model that can be used to assess and manage risks in Ghana‘s commercial property development and investment industry. An extensive literature review was done, covering all 12 identified study constructs: real estate trends and cycle, construction project management, outside advice/mentorship, spatial development, strategic factors, business management skills, PMBOK, PESTEL analysis, general management skills, governance structures, financial feasibility, professional feasibility, and risk management. Each construct was defined and operationalised. A positivistic philosophical approach was used, and quantitative approach was used to solicit data from the main respondents through the distribution of questionnaires to the target population sample. CB-SEM and SPSS version 24 were used to analyse data, SEM to test the positive relationships hypothesised between the identified variables and SPSS to analyse the demographic data. The major findings are that there is a lack of financial and professional feasibility analysis among respondents along the following factors: the PMBOK, real estate trends and cycles, general management, business management, strategic factors, spatial development, and PESTEL analysis. It was found that these factors have positive and favourable influences on CPDI projects. The study recommends that developers and investors do financial and professional feasibility studies before they embark on projects. This could improve project viability in commercial property development and investment. The study has contributed to the body of knowledge in CPDI sector by developing a new risk assessment/risk management model. , Thesis (PhD) -- Faculty of Engineering Built Environment and Technology, School of the built Environment, 2023
- Full Text:
- Date Issued: 2023-04
The Living Archive as Pedagogy: A Conceptual Case Study of Northern Uganda
- Authors: Munene, Anne Wambui
- Date: 2023-04
- Subjects: Archives , Education -- Study and teaching , Case Study -- Northern Uganda
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60927 , vital:69226
- Description: The Living Archive as Pedagogy emerges from Northern Uganda’s experience of war 1986- 2008, between the Lord’s Resistance Army and the Uganda People’s Defense Force previously named the National Resistance Army. This period of war and post-war has been a difficult experience where finding solutions and mechanisms for transition or justice remain complex, restricted, delayed and consequently concealing the reality of lived marginalization from below. The Acholi of Northern Uganda went through predatory atrocities, painful humiliation and unwilled cohabitations with their oppressors during war and post-war. The study explores how the interlinking of archives and pedagogy as independent disciplines can extend possibilities for more transformative education horizons in bottom-up, post-conflict expressions. The study is immersed through a conceptual and theoretical framing in the boundaries of archiving and pedagogy, to understand how the war constructs Acholi’s lived experience in multiple complex ways. While the Acholi re-orient their lives post- war, we recognize their attention in affirming their human agency, ordering of new and different meanings, desiring a different liberation in post-conflict where responsibility in contexts of “up againstness” validates their dwelling and being in spaces that exclude them. The research acknowledges that pedagogy and archiving studies in post-conflict, needs restructuring to challenge the preserving of external and dominant epistemological purviews that order post-conflict reconstruction life. These traditions exclude the experiences of survivor-victims, are tone deaf to community-based groups articulations of post-conflict repair, and neither does lived experiences of the everyday gets organized as an outcome for knowledge. This is discussed at length, as the research responds to its central question of how living archive as pedagogy can offer a transformative education discourse. The conclusion of the study emphasizes self-representation through transformative knowledge positions of I am whom I am, Where I am, Where I Speak, and Where I think. These positions articulate a self-understanding that supports rehistrocizing of post-conflict society as a body resisting exclusion in dominant knowledge formation and institutional omissions. There is evidence of the research foregrounding the formation of person-hood from experiences of ‘up againstness” and knowledge/under-stand[ing] from below. The research facilitates a hermeneutical encounter with specific inscribed bodies of post-conflict experience, the Acholi and Wanjiku whose bodies archive a horizon of possibilities if a different and difficult reading vii of the world is done from locations of struggle to produce consciousness of re-becoming, or returning to the human. These pedagogical experience positions Acholi and Wanjiku as educators, and their lives a living archive. We the readers are invited to a learning process as willing ‘hearers’ of Acholi and Wanjiku testimony, to own responsibility as our practice to ensure they appear in the world to say their truth, as they defy conditions of their oppression. , Thesis (PhD) -- Faculty of Education, School of Education Research and Engagement, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Munene, Anne Wambui
- Date: 2023-04
- Subjects: Archives , Education -- Study and teaching , Case Study -- Northern Uganda
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60927 , vital:69226
- Description: The Living Archive as Pedagogy emerges from Northern Uganda’s experience of war 1986- 2008, between the Lord’s Resistance Army and the Uganda People’s Defense Force previously named the National Resistance Army. This period of war and post-war has been a difficult experience where finding solutions and mechanisms for transition or justice remain complex, restricted, delayed and consequently concealing the reality of lived marginalization from below. The Acholi of Northern Uganda went through predatory atrocities, painful humiliation and unwilled cohabitations with their oppressors during war and post-war. The study explores how the interlinking of archives and pedagogy as independent disciplines can extend possibilities for more transformative education horizons in bottom-up, post-conflict expressions. The study is immersed through a conceptual and theoretical framing in the boundaries of archiving and pedagogy, to understand how the war constructs Acholi’s lived experience in multiple complex ways. While the Acholi re-orient their lives post- war, we recognize their attention in affirming their human agency, ordering of new and different meanings, desiring a different liberation in post-conflict where responsibility in contexts of “up againstness” validates their dwelling and being in spaces that exclude them. The research acknowledges that pedagogy and archiving studies in post-conflict, needs restructuring to challenge the preserving of external and dominant epistemological purviews that order post-conflict reconstruction life. These traditions exclude the experiences of survivor-victims, are tone deaf to community-based groups articulations of post-conflict repair, and neither does lived experiences of the everyday gets organized as an outcome for knowledge. This is discussed at length, as the research responds to its central question of how living archive as pedagogy can offer a transformative education discourse. The conclusion of the study emphasizes self-representation through transformative knowledge positions of I am whom I am, Where I am, Where I Speak, and Where I think. These positions articulate a self-understanding that supports rehistrocizing of post-conflict society as a body resisting exclusion in dominant knowledge formation and institutional omissions. There is evidence of the research foregrounding the formation of person-hood from experiences of ‘up againstness” and knowledge/under-stand[ing] from below. The research facilitates a hermeneutical encounter with specific inscribed bodies of post-conflict experience, the Acholi and Wanjiku whose bodies archive a horizon of possibilities if a different and difficult reading vii of the world is done from locations of struggle to produce consciousness of re-becoming, or returning to the human. These pedagogical experience positions Acholi and Wanjiku as educators, and their lives a living archive. We the readers are invited to a learning process as willing ‘hearers’ of Acholi and Wanjiku testimony, to own responsibility as our practice to ensure they appear in the world to say their truth, as they defy conditions of their oppression. , Thesis (PhD) -- Faculty of Education, School of Education Research and Engagement, 2023
- Full Text:
- Date Issued: 2023-04
Performance management of the academic staffs in Ugandan public and private universities
- Authors: Kansiime, Grace
- Date: 2023-04
- Subjects: Performance--Management , Academic staff , Higher education institutions -- Uganda
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60938 , vital:69246
- Description: This study, at the outset, seeks to assess the effectiveness of a performance management system (PMS) in determining the academic staffs‟ performance in teaching and research in selected Ugandan public and private universities. The participants of this study comprised full-time and parttime academic staffs from public and private universities located in the four regions in Uganda. The purposive sampling method was used to select the universities for this study. Convenient sampling was used to select the academic staffs in the universities. An online structured questionnaire collected quantitative data and analysed it using descriptive and inferential statistics. The quantitative analysis of the responses showed that many participants were made up of public university academic staffs, lecturers, assistant lecturers, master‟s degree holders and permanent fulltime staffs. Factor analyses were run for each section and sub-section within the questionnaire to explore the dimensionality of the scales and generate composite factor scores to be used for further analyses. While, internal consistency was examined using Cronbach‟s alpha. In addition, descriptive statistics for the factors within sections were determined. Pearson‟s correlation coefficients were calculated for each pair of factor scores for each section and sub-section to explore the relationships between the factors identified in this study. Additionally, the comparison of factor scores across selected demographic variables and independent samples t-tests for the equality of means was used to establish whether there were significant differences between the factor scores of various demographic variables. Finally, one-way ANOVAs were considered to compare the composite factor scores across various demographic variables. Factor score analysis showed that 44.9% of the academic staffs had a moderate attitude towards the PMS process; whereas 84.9% had a high attitude towards PA criteria and 64.2% had a high attitude towards PFPS. The results of the study suggest a high attitude of the academic staffs towards PA and PFP in teaching and research. In addition, the majority (78.0%) of the academic staffs had a high attitude towards their self-performance planning in their institution. The results of the study suggest a high level of self-performance planning of the academic staffs in teaching and research in the selected Ugandan HEIs. A reasonable number (45.4%) of the academic staffs from public universities and 49.1% from private universities had a high attitude towards supervisors‟ participation in performance planning and performance feedback. Moreover, 44.0% of the academic staffs from public universities and 66.7% of the academic staffs from private universities rated the workload as high. The results of the study suggest that the academic staffs‟ workload was high. In xx addition, factor score analysis showed that the academic staffs‟ performance rewards were low. Only 24.9% of the academic staffs had received more than 67% of the available rewards suggesting that the academic staffs‟ managers in the surveyed institutions did not use a variety of performance rewards to compensate for the academic staffs‟ performance. In addition, the average factor score for teaching skills was 94.8%, while perceived teaching abilities were 95.1% high on average. Besides, the factor score analysis results showed that teaching skills were 84.81% and 86.34%, respectively. Only 29.1% of the academic staffs from both public and private universities had high research skills. The results suggested that the academic staffs‟ teaching skills were high while their research skills were low. The findings thus suggested that the academic staffs in Ugandan public and private universities were highly involved in teaching activities, but their involvement in research activities was low. Similarly, results from testing hypotheses suggested that academic staffs in the surveyed Ugandan public and private universities rated PA criteria and PFPS higher than the PMS process. The study results indicated that self-performance planning and supervisors‟ involvement in performance feedback improved academic staffs‟ teaching skills. In contrast, performance planning, review, clarity on feedback, evaluation and rewards increased academic staffs‟ performance in perceived teaching abilities. In addition, an increase in the research workload contributed to an increase in the academic staffs‟ perception of their research knowledge and skills. The study made major conclusions regarding academic staffs‟ PM in Ugandan public and private universities. First, correlation results on performance planning and teaching skills and abilities for public and private universities were statistically significant (p < 0.001). Therefore, the study concludes that the academic staffs‟ performance planning in the selected Ugandan HEIs positively affected the academic staffs‟ performance in teaching. In addition, correlation results for supervisor involvement in feedback and teaching skills for both public and private universities were statistically significant (p < 0.001). Thus, the study concludes that supervisors‟ involvement in feedback improved academic staffs‟ performance in teaching skills. In addition, correlation results showed that performance reviews and teaching abilities were statistically significant for public universities (p=0.001), and (p=0.034) for private universities. Thus, the study concludes that the academic staffs‟ performance reviews improved academic staffs‟ teaching abilities in selected public and private universities. Equally, correlation results for performance evaluation and perceived teaching abilities for public universities was statistically significant (p< 0.001) for public universities, and (p=0.006) for private universities. Therefore, the study concludes that performance evaluation increased xxi teaching abilities of the academic staffs in both Ugandan public and private universities. In addition, rewards significantly impacted academic staffs‟ perceived teaching abilities in private universities. Correlation results for rewards and perceived teaching abilities for private universities was statistically significant (p< 0.011). Therefore, the study concludes that the more academic staffs were rewarded, the more they participated in setting, administering and marking tests, assisgnments and examinations, and adhering to deadlines set for administering tests and assignments. Similarly, the study made various recommendations to improve academic staffs‟ performance in teaching and research in Ugandan public and private universities. To achieve the required performance in teaching and research, the study recommends that the academic staffs be involved in the entire planning process to be aware of the required performance and the kind of results expected from their performance and work towards achieving the set performance in teaching and research. Additionally, performance reviews and feedback should be one-on-one discussions between the managers and the academic staffs to identify how far the staffs are performing towards the set goals. The study recommends that the academic staffs need information regarding their performance for feedback to be effective. In addition, the study recommends that the academic staffs‟ managers should increase financial and non-financial rewards to motivate the academic staffs to increase their performance in teaching. Correlation results showed that rewards had a significant impact on teaching abilities (p=0.011). Thus, rewards should as well be increased to improve academic staffs‟ teaching abilities. , Thesis (PhD) -- Faculty of Education, School of Research and Engagement, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Kansiime, Grace
- Date: 2023-04
- Subjects: Performance--Management , Academic staff , Higher education institutions -- Uganda
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60938 , vital:69246
- Description: This study, at the outset, seeks to assess the effectiveness of a performance management system (PMS) in determining the academic staffs‟ performance in teaching and research in selected Ugandan public and private universities. The participants of this study comprised full-time and parttime academic staffs from public and private universities located in the four regions in Uganda. The purposive sampling method was used to select the universities for this study. Convenient sampling was used to select the academic staffs in the universities. An online structured questionnaire collected quantitative data and analysed it using descriptive and inferential statistics. The quantitative analysis of the responses showed that many participants were made up of public university academic staffs, lecturers, assistant lecturers, master‟s degree holders and permanent fulltime staffs. Factor analyses were run for each section and sub-section within the questionnaire to explore the dimensionality of the scales and generate composite factor scores to be used for further analyses. While, internal consistency was examined using Cronbach‟s alpha. In addition, descriptive statistics for the factors within sections were determined. Pearson‟s correlation coefficients were calculated for each pair of factor scores for each section and sub-section to explore the relationships between the factors identified in this study. Additionally, the comparison of factor scores across selected demographic variables and independent samples t-tests for the equality of means was used to establish whether there were significant differences between the factor scores of various demographic variables. Finally, one-way ANOVAs were considered to compare the composite factor scores across various demographic variables. Factor score analysis showed that 44.9% of the academic staffs had a moderate attitude towards the PMS process; whereas 84.9% had a high attitude towards PA criteria and 64.2% had a high attitude towards PFPS. The results of the study suggest a high attitude of the academic staffs towards PA and PFP in teaching and research. In addition, the majority (78.0%) of the academic staffs had a high attitude towards their self-performance planning in their institution. The results of the study suggest a high level of self-performance planning of the academic staffs in teaching and research in the selected Ugandan HEIs. A reasonable number (45.4%) of the academic staffs from public universities and 49.1% from private universities had a high attitude towards supervisors‟ participation in performance planning and performance feedback. Moreover, 44.0% of the academic staffs from public universities and 66.7% of the academic staffs from private universities rated the workload as high. The results of the study suggest that the academic staffs‟ workload was high. In xx addition, factor score analysis showed that the academic staffs‟ performance rewards were low. Only 24.9% of the academic staffs had received more than 67% of the available rewards suggesting that the academic staffs‟ managers in the surveyed institutions did not use a variety of performance rewards to compensate for the academic staffs‟ performance. In addition, the average factor score for teaching skills was 94.8%, while perceived teaching abilities were 95.1% high on average. Besides, the factor score analysis results showed that teaching skills were 84.81% and 86.34%, respectively. Only 29.1% of the academic staffs from both public and private universities had high research skills. The results suggested that the academic staffs‟ teaching skills were high while their research skills were low. The findings thus suggested that the academic staffs in Ugandan public and private universities were highly involved in teaching activities, but their involvement in research activities was low. Similarly, results from testing hypotheses suggested that academic staffs in the surveyed Ugandan public and private universities rated PA criteria and PFPS higher than the PMS process. The study results indicated that self-performance planning and supervisors‟ involvement in performance feedback improved academic staffs‟ teaching skills. In contrast, performance planning, review, clarity on feedback, evaluation and rewards increased academic staffs‟ performance in perceived teaching abilities. In addition, an increase in the research workload contributed to an increase in the academic staffs‟ perception of their research knowledge and skills. The study made major conclusions regarding academic staffs‟ PM in Ugandan public and private universities. First, correlation results on performance planning and teaching skills and abilities for public and private universities were statistically significant (p < 0.001). Therefore, the study concludes that the academic staffs‟ performance planning in the selected Ugandan HEIs positively affected the academic staffs‟ performance in teaching. In addition, correlation results for supervisor involvement in feedback and teaching skills for both public and private universities were statistically significant (p < 0.001). Thus, the study concludes that supervisors‟ involvement in feedback improved academic staffs‟ performance in teaching skills. In addition, correlation results showed that performance reviews and teaching abilities were statistically significant for public universities (p=0.001), and (p=0.034) for private universities. Thus, the study concludes that the academic staffs‟ performance reviews improved academic staffs‟ teaching abilities in selected public and private universities. Equally, correlation results for performance evaluation and perceived teaching abilities for public universities was statistically significant (p< 0.001) for public universities, and (p=0.006) for private universities. Therefore, the study concludes that performance evaluation increased xxi teaching abilities of the academic staffs in both Ugandan public and private universities. In addition, rewards significantly impacted academic staffs‟ perceived teaching abilities in private universities. Correlation results for rewards and perceived teaching abilities for private universities was statistically significant (p< 0.011). Therefore, the study concludes that the more academic staffs were rewarded, the more they participated in setting, administering and marking tests, assisgnments and examinations, and adhering to deadlines set for administering tests and assignments. Similarly, the study made various recommendations to improve academic staffs‟ performance in teaching and research in Ugandan public and private universities. To achieve the required performance in teaching and research, the study recommends that the academic staffs be involved in the entire planning process to be aware of the required performance and the kind of results expected from their performance and work towards achieving the set performance in teaching and research. Additionally, performance reviews and feedback should be one-on-one discussions between the managers and the academic staffs to identify how far the staffs are performing towards the set goals. The study recommends that the academic staffs need information regarding their performance for feedback to be effective. In addition, the study recommends that the academic staffs‟ managers should increase financial and non-financial rewards to motivate the academic staffs to increase their performance in teaching. Correlation results showed that rewards had a significant impact on teaching abilities (p=0.011). Thus, rewards should as well be increased to improve academic staffs‟ teaching abilities. , Thesis (PhD) -- Faculty of Education, School of Research and Engagement, 2023
- Full Text:
- Date Issued: 2023-04
Marine spatial planning by the state as trustee of coastal public property
- Authors: Chasakara, Rachael Sharon
- Date: 2023-04
- Subjects: Marine spatial planning , State committee , Coastal Public Property
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60818 , vital:67845
- Description: The world is facing an unprecedented biodiversity crisis, endangering human wellbeing, human rights, and the future of life on Earth. This is because the state of the ocean is deteriorating due to increased human activities, which have resulted in the destruction of limited marine resources in terms of space, time, and quantity. Marine spatial planning (MSP) and the public trust doctrine are two concepts that have been proposed to address this ecological crisis. The relatively new notion of MSP has emerged as a comprehensive way to allocate ocean use in space and time to improve coordination and deliver a more sustainable use of the ocean space. While different States have utilised the public trust doctrine to manage trust resources for the exclusive benefit of their current and future citizens. The thesis examines the MSP process and the public trust doctrine in international law to determine international obligations that can be relied on to ensure State compliance at a domestic level. It was determined that MSP and the public trust doctrine are only implicit in certain international law instruments. The thesis further sets out to examine whether both approaches must be explicitly mentioned in binding international law instruments. The thesis is expected to determine whether the South African environmental law regime includes the public trust doctrine – expressly or impliedly. The public trust doctrine is not expressly provided for in the Constitution since section 24 contains an implicit duty. The implicit duty is a constitutional human rights imperative applicable to all environmental management statutes. The picture in South Africa’s environmental legislation differs because the public trust doctrine is expressly mentioned, albeit in different terminology in several environmental law statutes dealing with specific natural resources. However, the legislature failed to include an express public trust provision in the Marine Spatial Planning Act (MSPA). 1 The thesis then embarks on a journey of statutory interpretation. It examines the applicable canons of interpretation to determine whether the MSPA supports or contradicts the public trust doctrine. An implicit public trust duty was found in the MSPA. This exercise also led to the conclusion that the trusteeship clause in National Environmental Management: Integrated Coastal Management Act (NEM: ICMA) also applies in the same geographical area as the MSP Act. Moreover, there is no provision in NEM: ICMA requiring its provisions to be applied or read in accordance with MSP regulation. However, a thorough examination of the NEM: ICMA and MSPA provisions leads to the conclusion that there will be no conflict if both instruments are read together. The most significant finding of this thesis is that, due to the provisions of both statutes, the State, a trustee in NEM: ICMA, is also a trustee in the MSPA. Finally, the combination of MSP and the public trust doctrine in MSP regulation may have several positive impacts, which include useful intervention for the existential crisis that underpins South Africa’s maritime domain and the promotion of sustainable development of the ocean space for both current and future generations. MSP and the public trust doctrine should be used in tandem to ensure that the ocean space is developed sustainably for current and future generations. This thesis demonstrated that the ultimate impact of the State’s implementation of MSP on the relevant State actors is that they must constantly remind themselves of the full implications of their role as trustees of coastal public property to avoid violating their public trust duties. , Thesis (LLD) -- Faculty of Law, School of School of Public Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Chasakara, Rachael Sharon
- Date: 2023-04
- Subjects: Marine spatial planning , State committee , Coastal Public Property
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60818 , vital:67845
- Description: The world is facing an unprecedented biodiversity crisis, endangering human wellbeing, human rights, and the future of life on Earth. This is because the state of the ocean is deteriorating due to increased human activities, which have resulted in the destruction of limited marine resources in terms of space, time, and quantity. Marine spatial planning (MSP) and the public trust doctrine are two concepts that have been proposed to address this ecological crisis. The relatively new notion of MSP has emerged as a comprehensive way to allocate ocean use in space and time to improve coordination and deliver a more sustainable use of the ocean space. While different States have utilised the public trust doctrine to manage trust resources for the exclusive benefit of their current and future citizens. The thesis examines the MSP process and the public trust doctrine in international law to determine international obligations that can be relied on to ensure State compliance at a domestic level. It was determined that MSP and the public trust doctrine are only implicit in certain international law instruments. The thesis further sets out to examine whether both approaches must be explicitly mentioned in binding international law instruments. The thesis is expected to determine whether the South African environmental law regime includes the public trust doctrine – expressly or impliedly. The public trust doctrine is not expressly provided for in the Constitution since section 24 contains an implicit duty. The implicit duty is a constitutional human rights imperative applicable to all environmental management statutes. The picture in South Africa’s environmental legislation differs because the public trust doctrine is expressly mentioned, albeit in different terminology in several environmental law statutes dealing with specific natural resources. However, the legislature failed to include an express public trust provision in the Marine Spatial Planning Act (MSPA). 1 The thesis then embarks on a journey of statutory interpretation. It examines the applicable canons of interpretation to determine whether the MSPA supports or contradicts the public trust doctrine. An implicit public trust duty was found in the MSPA. This exercise also led to the conclusion that the trusteeship clause in National Environmental Management: Integrated Coastal Management Act (NEM: ICMA) also applies in the same geographical area as the MSP Act. Moreover, there is no provision in NEM: ICMA requiring its provisions to be applied or read in accordance with MSP regulation. However, a thorough examination of the NEM: ICMA and MSPA provisions leads to the conclusion that there will be no conflict if both instruments are read together. The most significant finding of this thesis is that, due to the provisions of both statutes, the State, a trustee in NEM: ICMA, is also a trustee in the MSPA. Finally, the combination of MSP and the public trust doctrine in MSP regulation may have several positive impacts, which include useful intervention for the existential crisis that underpins South Africa’s maritime domain and the promotion of sustainable development of the ocean space for both current and future generations. MSP and the public trust doctrine should be used in tandem to ensure that the ocean space is developed sustainably for current and future generations. This thesis demonstrated that the ultimate impact of the State’s implementation of MSP on the relevant State actors is that they must constantly remind themselves of the full implications of their role as trustees of coastal public property to avoid violating their public trust duties. , Thesis (LLD) -- Faculty of Law, School of School of Public Law, 2023
- Full Text:
- Date Issued: 2023-04
End-user requirements of an assistive technology for profoundly deaf parents with infants
- Authors: Mxhego, Zukile Bright
- Date: 2023-04
- Subjects: End-user computing , Assistive computer technology , Deaf parents
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60707 , vital:66373
- Description: As the number of deaf people in the world increases, the amount of parents who are deaf, is also growing. The world is increasingly relying on technology from which deaf parents can, and do, benefit significantly. Deaf parents are able to rely on available technology such as assistive technologies to overcome functional limitations. However, assistive technologies are often abandoned within a short period of time of being acquired. The abandonment of assistive technologies is believed to be due to a lack of proper elicitation of requirements. Therefore, the problem identified in this research is a lack of understanding of end-user requirements of an assistive technology for profoundly deaf parents with infants. A literature review together with logical argumentation was conducted and applied to identify and recommend a method suitable for eliciting end-user requirements for assistive technologies. Thereafter, an integrative literature review and thematic analysis was done to extract needs and challenges of profoundly deaf parents with infants, and group them according to themes that emerged. Finally, making use of the recommended method and the extracted needs and challenges of profoundly deaf parents with infants, twenty-eight end-user requirements of an assistive technology for profoundly deaf parents with infants were elicited. The twenty-eight elicited end-user requirements consist of eighteen end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants, and ten end-user requirements that express an overall goal/objective to be attained by profoundly deaf parents with infants when the assistive technology is designed and developed. To evaluate the elicited end-user requirements, only the eighteen end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants were considered. The evaluation was done by assessing both existing and emerging assistive technologies to understand the comprehensiveness of the eighteen elicited end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information and Communication Technology, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Mxhego, Zukile Bright
- Date: 2023-04
- Subjects: End-user computing , Assistive computer technology , Deaf parents
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60707 , vital:66373
- Description: As the number of deaf people in the world increases, the amount of parents who are deaf, is also growing. The world is increasingly relying on technology from which deaf parents can, and do, benefit significantly. Deaf parents are able to rely on available technology such as assistive technologies to overcome functional limitations. However, assistive technologies are often abandoned within a short period of time of being acquired. The abandonment of assistive technologies is believed to be due to a lack of proper elicitation of requirements. Therefore, the problem identified in this research is a lack of understanding of end-user requirements of an assistive technology for profoundly deaf parents with infants. A literature review together with logical argumentation was conducted and applied to identify and recommend a method suitable for eliciting end-user requirements for assistive technologies. Thereafter, an integrative literature review and thematic analysis was done to extract needs and challenges of profoundly deaf parents with infants, and group them according to themes that emerged. Finally, making use of the recommended method and the extracted needs and challenges of profoundly deaf parents with infants, twenty-eight end-user requirements of an assistive technology for profoundly deaf parents with infants were elicited. The twenty-eight elicited end-user requirements consist of eighteen end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants, and ten end-user requirements that express an overall goal/objective to be attained by profoundly deaf parents with infants when the assistive technology is designed and developed. To evaluate the elicited end-user requirements, only the eighteen end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants were considered. The evaluation was done by assessing both existing and emerging assistive technologies to understand the comprehensiveness of the eighteen elicited end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information and Communication Technology, 2023
- Full Text:
- Date Issued: 2023-04
Inner-city regeneration in South Africa : a property development approach
- Authors: Chidzambwa, Overt
- Date: 2023-04
- Subjects: Regeneration -- South Africa , Real estate development
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60578 , vital:65894
- Description: Worldwide, the topic of inner-city decay and regeneration continues to attract a lot of attention from various parties and organisations. This is largely due to the fact that Central Business Districts (CBDs) remain the heartbeat of any city’s economic, social and political vibrancy. It therefore remains an ongoing process for the government and private stakeholders to keep on devising strategies aimed at revitalising the inner-city. The problem of urban decay is however experienced more in the developing third world and is characterised by high unemployment rates, high crime rates, depopulation, desolate-looking landscapes, abandonment of buildings, split families amongst others. Urban decay does not have one single cause, but rather a combination of many, including poor urban planning, redlining, poverty, suburbanization, and racial discrimination. These factors have resulted in urban sprawl as property owners preferred to migrate from the increasingly toxic social and economic environment that now became of the inner-city. The study seeks to investigate the current state of urban decay in South African CBDs with a case study of Gqeberha metro city, it also investigates current efforts and measures in place for regeneration and lastly, recommendations that have been put and continue to be put in place for inner-city regeneration. The state of inner-city infrastructure, property development finance options, town planning requirements and regulations and the investment case are other factors that have been investigated. Various other aspects of inner-city dynamics in the context of property development have been explored with findings from extensive literature review and structured interviews enabling the researcher to come up with recommendations for sustainable inner-city regeneration. , Thesis (MSBE) --Faculty of Engineering Built Environment and Information Technology, School of Built Environment and Civil Engineering, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Chidzambwa, Overt
- Date: 2023-04
- Subjects: Regeneration -- South Africa , Real estate development
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60578 , vital:65894
- Description: Worldwide, the topic of inner-city decay and regeneration continues to attract a lot of attention from various parties and organisations. This is largely due to the fact that Central Business Districts (CBDs) remain the heartbeat of any city’s economic, social and political vibrancy. It therefore remains an ongoing process for the government and private stakeholders to keep on devising strategies aimed at revitalising the inner-city. The problem of urban decay is however experienced more in the developing third world and is characterised by high unemployment rates, high crime rates, depopulation, desolate-looking landscapes, abandonment of buildings, split families amongst others. Urban decay does not have one single cause, but rather a combination of many, including poor urban planning, redlining, poverty, suburbanization, and racial discrimination. These factors have resulted in urban sprawl as property owners preferred to migrate from the increasingly toxic social and economic environment that now became of the inner-city. The study seeks to investigate the current state of urban decay in South African CBDs with a case study of Gqeberha metro city, it also investigates current efforts and measures in place for regeneration and lastly, recommendations that have been put and continue to be put in place for inner-city regeneration. The state of inner-city infrastructure, property development finance options, town planning requirements and regulations and the investment case are other factors that have been investigated. Various other aspects of inner-city dynamics in the context of property development have been explored with findings from extensive literature review and structured interviews enabling the researcher to come up with recommendations for sustainable inner-city regeneration. , Thesis (MSBE) --Faculty of Engineering Built Environment and Information Technology, School of Built Environment and Civil Engineering, 2023
- Full Text:
- Date Issued: 2023-04
An investigation into the cybersecurity skills gap in South Africa
- Authors: De Jager, Michael
- Date: 2023-04
- Subjects: Criminal investigation , Information technology--Security measures -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60635 , vital:66247
- Description: The usage of the internet both in our daily lives and in the operations of organisations has grown significantly in modern society. However, there are also risks and vulnerabilities associated with this, thus cyber threats. Cybersecurity has been put in place to safeguard the internet from these cyber threats, yet there is an ever-growing concern regarding the implementation of cybersecurity, both globally and in South Africa. With the increase in cyber threats, there is a growing need and demand for IT professionals with the requisite cybersecurity skills and knowledge to combat and mitigate these threats. However, an ever-increasing cybersecurity skills gap has been identified both globally and in South Africa. Yet the specific cybersecurity skills demand, needs and challenges of IT professionals in South Africa are currently unknown. This study therefore investigated the cybersecurity skills demand, needs, and challenges of IT professionals in South Africa by reporting on IT professionals’ perceptions in this regard. An online questionnaire was used to gather information for this and was distributed to IT professionals using various online platforms. According to the findings of the study, there are several challenges such as lack of time, lack of funding and a lack of resources that South Africa must overcome in order to address the cybersecurity skills gap. From the survey results it was also found that neither tertiary institutions, nor organisations, nor the South African government are investing enough in cybersecurity skills development. Without the right cybersecurity skills set or investment in the development of cybersecurity skills, cyber threats will continue to increase and will potentially become more harmful to South African organisations and to the South African society at large. Furthermore, this study addresses the extent to which cybersecurity-related skills are required and currently used by IT professionals in South Africa to address the cybersecurity skills gap. Tertiary institutions, organisations and the South African government may benefit from this investigation as it could assist in the development of cybersecurity course work as well as national cybersecurity laws, legislations and policies. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information Technology, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: De Jager, Michael
- Date: 2023-04
- Subjects: Criminal investigation , Information technology--Security measures -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60635 , vital:66247
- Description: The usage of the internet both in our daily lives and in the operations of organisations has grown significantly in modern society. However, there are also risks and vulnerabilities associated with this, thus cyber threats. Cybersecurity has been put in place to safeguard the internet from these cyber threats, yet there is an ever-growing concern regarding the implementation of cybersecurity, both globally and in South Africa. With the increase in cyber threats, there is a growing need and demand for IT professionals with the requisite cybersecurity skills and knowledge to combat and mitigate these threats. However, an ever-increasing cybersecurity skills gap has been identified both globally and in South Africa. Yet the specific cybersecurity skills demand, needs and challenges of IT professionals in South Africa are currently unknown. This study therefore investigated the cybersecurity skills demand, needs, and challenges of IT professionals in South Africa by reporting on IT professionals’ perceptions in this regard. An online questionnaire was used to gather information for this and was distributed to IT professionals using various online platforms. According to the findings of the study, there are several challenges such as lack of time, lack of funding and a lack of resources that South Africa must overcome in order to address the cybersecurity skills gap. From the survey results it was also found that neither tertiary institutions, nor organisations, nor the South African government are investing enough in cybersecurity skills development. Without the right cybersecurity skills set or investment in the development of cybersecurity skills, cyber threats will continue to increase and will potentially become more harmful to South African organisations and to the South African society at large. Furthermore, this study addresses the extent to which cybersecurity-related skills are required and currently used by IT professionals in South Africa to address the cybersecurity skills gap. Tertiary institutions, organisations and the South African government may benefit from this investigation as it could assist in the development of cybersecurity course work as well as national cybersecurity laws, legislations and policies. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information Technology, 2023
- Full Text:
- Date Issued: 2023-04
The legislation regulation of consensual sexual acts by 16 and 17 years
- Authors: Nkontso, Siviwe
- Date: 2023-04
- Subjects: Delegated legislation , Sexual intercourse , Teenagers
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60718 , vital:66461
- Description: The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“SORMA”), was promulgated to consolidate the laws relating to sexual offences in South Africa. One of the most important aspects of SORMA was that it made provision for the prosecution of those who engaged in sexual acts with minor children. However, SORMA had a major drawback in that it not only criminalised consensual sexual acts with children by adults, but also criminalised consensual sexual acts between children themselves. Thus, children could be prosecuted for engaging in consensual sexual conduct with each other. Stemming from this peculiar position, the provisions of section 15 (statutory rape) and section 16 (statutory sexual assault), insofar as they related to the prosecution of adolescents for engaging in consensual sexual acts with each other, was constitutionally challenged by various human rights organisations. The Constitutional Court in Teddy Bear Clinic v Minister of Justice and Constitutional Development 2014 (2) SA (CC) found that the provisions of section 15 and 16 of SORMA were unconstitutional insofar as they criminalised consensual sexual acts between adolescents older than 12 but younger than 16. The original version of SORMA, for purposes of sections 15 and 16, defined a child as a person under the age of 16 years. Only children younger than 16 years received protection under SORMA. The provisions of sections 15 and 16 of SORMA were the subject of a constitutional challenge in Teddy Bear Clinic. However, the position of 16 and 17 year old children was not dealt with, as it did not form part of the issues that had to be decided by the court. Subsequent to the Teddy Bear Clinic judgment, SORMA was amended, and the amended version defined a child as a person younger than 18 years. Despite this, 16 and 17 year old children did not fall within the ambit of protection provided by SORMA. They were still exposed to prosecution for consensual sexual acts with their adolescent counterparts. Moreover, they were not protected against adult sexual predators who prey on young children. Effectively, SORMA provided some degree of protection, but such protection is not sufficient, and it is contrary to the best interests of the child principle. vi Thus, this research project seeks to highlight, assess and criticise the failure of SORMA to provide adequate legislative protection to 16 and 17 year old children. They still face the possibility of prosecution for consensual sexual acts with other adolescent children, and, they are not offered any protection from adult sexual predators. This position is unacceptable as it is contrary to the spirit and purport of the Constitution, specifically the best interests of the child principle, an important international law principle. Article 3 (1) of the Convention on the Rights of the Child provides that in all matters concerning children, the best interests of the child shall be a primary consideration. The African Charter on the Rights and Welfare of the Child provides that in all actions concerning the child, the best interests of the child shall be the primary consideration. Thus, the lack of protection of 16 and 17 year old children under SORMA is not only contrary to the Constitution, but also to a fundamental international law principle. , Thesis (LLM) -- Faculty of Law, School of Criminal & Procedural Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Nkontso, Siviwe
- Date: 2023-04
- Subjects: Delegated legislation , Sexual intercourse , Teenagers
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60718 , vital:66461
- Description: The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“SORMA”), was promulgated to consolidate the laws relating to sexual offences in South Africa. One of the most important aspects of SORMA was that it made provision for the prosecution of those who engaged in sexual acts with minor children. However, SORMA had a major drawback in that it not only criminalised consensual sexual acts with children by adults, but also criminalised consensual sexual acts between children themselves. Thus, children could be prosecuted for engaging in consensual sexual conduct with each other. Stemming from this peculiar position, the provisions of section 15 (statutory rape) and section 16 (statutory sexual assault), insofar as they related to the prosecution of adolescents for engaging in consensual sexual acts with each other, was constitutionally challenged by various human rights organisations. The Constitutional Court in Teddy Bear Clinic v Minister of Justice and Constitutional Development 2014 (2) SA (CC) found that the provisions of section 15 and 16 of SORMA were unconstitutional insofar as they criminalised consensual sexual acts between adolescents older than 12 but younger than 16. The original version of SORMA, for purposes of sections 15 and 16, defined a child as a person under the age of 16 years. Only children younger than 16 years received protection under SORMA. The provisions of sections 15 and 16 of SORMA were the subject of a constitutional challenge in Teddy Bear Clinic. However, the position of 16 and 17 year old children was not dealt with, as it did not form part of the issues that had to be decided by the court. Subsequent to the Teddy Bear Clinic judgment, SORMA was amended, and the amended version defined a child as a person younger than 18 years. Despite this, 16 and 17 year old children did not fall within the ambit of protection provided by SORMA. They were still exposed to prosecution for consensual sexual acts with their adolescent counterparts. Moreover, they were not protected against adult sexual predators who prey on young children. Effectively, SORMA provided some degree of protection, but such protection is not sufficient, and it is contrary to the best interests of the child principle. vi Thus, this research project seeks to highlight, assess and criticise the failure of SORMA to provide adequate legislative protection to 16 and 17 year old children. They still face the possibility of prosecution for consensual sexual acts with other adolescent children, and, they are not offered any protection from adult sexual predators. This position is unacceptable as it is contrary to the spirit and purport of the Constitution, specifically the best interests of the child principle, an important international law principle. Article 3 (1) of the Convention on the Rights of the Child provides that in all matters concerning children, the best interests of the child shall be a primary consideration. The African Charter on the Rights and Welfare of the Child provides that in all actions concerning the child, the best interests of the child shall be the primary consideration. Thus, the lack of protection of 16 and 17 year old children under SORMA is not only contrary to the Constitution, but also to a fundamental international law principle. , Thesis (LLM) -- Faculty of Law, School of Criminal & Procedural Law, 2023
- Full Text:
- Date Issued: 2023-04
A model for integrating user experience into Agile software development
- Authors: Manakaza, Mpile
- Date: 2023-04
- Subjects: Customer satisfaction , Agile development (Computer science) , South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60949 , vital:69295
- Description: The Agile software development methodology has progressed over time and has become the most popularly used methodology for many projects owing to its adaptable and advanced nature. Agile is an iterative and incremental method that supports project teams to maintain the growing demands of present-day organisations. In software development, it is imperative to build software that ensures a holistic user experience and meets requirements. Software Developers and User Experience Designers focus on users’ preferences and requirements while navigating an application through an approach called user-centred design (UCD). The purpose of Agile user-experience (UX) methods is to build user-centric software solutions using the Agile methodology. Literature indicates a scarcity of Agile-UX models to integrate user experience design processes effectively within Agile software development. Hence, the motivation for this study was to create a practical model for integrating user experience design processes into Agile software development for implementation by software development teams. Initially, the study defines the problem that formed the basis for the initiation of this research, followed by the research questions and objectives that are the fundamental portion of the development of this study. This study highlights the benefits and challenges of Agile-UX methods through a case study of Agile software development teams in South Africa. Furthermore, additional best practices are recommended. A survey questionnaire was distributed to software development teams to identify the various factors that lead to implementing Agile-UX methods. The distribution of the survey questionnaire supported the theoretical perspective of this study. Furthermore, Agile development (AD) and UCD are not easy to combine as UCD aims to understand users before software product development, and no activities are performed before development starts in AD. Lastly, a significant benefit is that user-centred software systems create and promote team collaboration and communication and, ultimately, successful software projects. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information and Communication Technology, 2022
- Full Text:
- Date Issued: 2023-04
- Authors: Manakaza, Mpile
- Date: 2023-04
- Subjects: Customer satisfaction , Agile development (Computer science) , South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60949 , vital:69295
- Description: The Agile software development methodology has progressed over time and has become the most popularly used methodology for many projects owing to its adaptable and advanced nature. Agile is an iterative and incremental method that supports project teams to maintain the growing demands of present-day organisations. In software development, it is imperative to build software that ensures a holistic user experience and meets requirements. Software Developers and User Experience Designers focus on users’ preferences and requirements while navigating an application through an approach called user-centred design (UCD). The purpose of Agile user-experience (UX) methods is to build user-centric software solutions using the Agile methodology. Literature indicates a scarcity of Agile-UX models to integrate user experience design processes effectively within Agile software development. Hence, the motivation for this study was to create a practical model for integrating user experience design processes into Agile software development for implementation by software development teams. Initially, the study defines the problem that formed the basis for the initiation of this research, followed by the research questions and objectives that are the fundamental portion of the development of this study. This study highlights the benefits and challenges of Agile-UX methods through a case study of Agile software development teams in South Africa. Furthermore, additional best practices are recommended. A survey questionnaire was distributed to software development teams to identify the various factors that lead to implementing Agile-UX methods. The distribution of the survey questionnaire supported the theoretical perspective of this study. Furthermore, Agile development (AD) and UCD are not easy to combine as UCD aims to understand users before software product development, and no activities are performed before development starts in AD. Lastly, a significant benefit is that user-centred software systems create and promote team collaboration and communication and, ultimately, successful software projects. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information and Communication Technology, 2022
- Full Text:
- Date Issued: 2023-04
An evaluation of the national minimum wage dispensation
- Authors: Masenya, Mogodi
- Date: 2023-04
- Subjects: Evaluation , Minimum wage -- distribution , South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60807 , vital:67833
- Description: After South Africa became a democratic country, there was a shift in the labour and employment sector. This led to introduction of new labour laws which would be in harmony with the constitutional dream and objectives. As such, the BCEA was introduced to bring about change to the basic conditions of employment. As a result of this, new minimum wages policies and laws were enacted. The wages were to be determined by the following means: first way was by means of bargaining council agreements, the second way by means of statutory council agreements, and the third way by means of sectoral determinations. The sectoral determinations policy was introduced through the BCEA. The BCEA through the ECC promulgated sectoral determinations which was aimed to establish minimum wages and conditions of employment for workers in the sectors deemed to be vulnerable. A minimum wage was firstly adopted in New Zealand and in European countries as early as the 19th century. This policy was then widely adopted after the establishment of the International Labour Organisation. The purpose or aim of a minimum wage is to protect workers against exploitatively low pay and to ensure a just and equitable share of the profits of work, thus creating a minimum living wage for all those that are employed and in need of such protection. Minimum wages are also often used as a policy tool to reduce poverty and inequality, including between men and women, by advocating for equal pay for work of equal value. Convention No. 131 and Recommendation No 135 are the key international conventions that determine minimum wage fixing. Convention No. 131 and Recommendation No. 135 seek to ensure that the minimum wage is set at a certain level that allows workers and their families to meet their needs. Article 4 of Convention No. 131 requires the creation and maintenance of machinery adapted to national conditions and requirements whereby minimum wages for groups of wage earners covered under article 1 can be fixed and adjusted from time to time. However, the situation of minimum wages differs between developed and developing countries. This raises a concern, more particularly, whether developing countries can be able to adopt the minimum wage policy. This research makes investigate the adoption of iv minimum wage policy in developed and developing countries, and how it affected their socio-economic status. On about 2018, South Africa enacted the National Minimum Wage Act. This Act was aimed at establishing a floor of minimum wage for all employees. This Act was intended to promote and protect vulnerable workers who were left out from the previous wage policies. The long-term aim of a minimum wage was to remove the problem of poverty pay, which exists when the earnings from paid work do not result in a living minimum wage and fail to push people out of poverty. When this Act was enacted, the national minimum wage floor was set at R20 per hour. However, in EPWP, Domestic Worker, and Farm workers had lower rates because they were regulated by other laws. Furthermore, there were challenges of non-compliance by employers. The national minimum wage policy as a socio-economic tool has had an impact on several levels of the economy. This policy has contributed to either alleviation or elevation of poverty and unemployment. Therefore, this study looks at the impact the minimum wage has had on these 2 aspects of life. The research provides a specific asymmetric data of the impact of the policy in all sectors throughout the time since this policy was adopted. It further shows how the minimum wage policy intervention has been affected by covid 19 pandemic. This empirical evidence is provided by way of charts and graphs to demonstrate the changes that has occurred. At the end of the treatise a conclusion on how this policy has affected the South African economy is reached. Furthermore, recommendations on how economic risks posed by the minimum wage policy can be reduced. , Thesis (LLM) -- Faculty of Law, School of Mercantile law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Masenya, Mogodi
- Date: 2023-04
- Subjects: Evaluation , Minimum wage -- distribution , South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60807 , vital:67833
- Description: After South Africa became a democratic country, there was a shift in the labour and employment sector. This led to introduction of new labour laws which would be in harmony with the constitutional dream and objectives. As such, the BCEA was introduced to bring about change to the basic conditions of employment. As a result of this, new minimum wages policies and laws were enacted. The wages were to be determined by the following means: first way was by means of bargaining council agreements, the second way by means of statutory council agreements, and the third way by means of sectoral determinations. The sectoral determinations policy was introduced through the BCEA. The BCEA through the ECC promulgated sectoral determinations which was aimed to establish minimum wages and conditions of employment for workers in the sectors deemed to be vulnerable. A minimum wage was firstly adopted in New Zealand and in European countries as early as the 19th century. This policy was then widely adopted after the establishment of the International Labour Organisation. The purpose or aim of a minimum wage is to protect workers against exploitatively low pay and to ensure a just and equitable share of the profits of work, thus creating a minimum living wage for all those that are employed and in need of such protection. Minimum wages are also often used as a policy tool to reduce poverty and inequality, including between men and women, by advocating for equal pay for work of equal value. Convention No. 131 and Recommendation No 135 are the key international conventions that determine minimum wage fixing. Convention No. 131 and Recommendation No. 135 seek to ensure that the minimum wage is set at a certain level that allows workers and their families to meet their needs. Article 4 of Convention No. 131 requires the creation and maintenance of machinery adapted to national conditions and requirements whereby minimum wages for groups of wage earners covered under article 1 can be fixed and adjusted from time to time. However, the situation of minimum wages differs between developed and developing countries. This raises a concern, more particularly, whether developing countries can be able to adopt the minimum wage policy. This research makes investigate the adoption of iv minimum wage policy in developed and developing countries, and how it affected their socio-economic status. On about 2018, South Africa enacted the National Minimum Wage Act. This Act was aimed at establishing a floor of minimum wage for all employees. This Act was intended to promote and protect vulnerable workers who were left out from the previous wage policies. The long-term aim of a minimum wage was to remove the problem of poverty pay, which exists when the earnings from paid work do not result in a living minimum wage and fail to push people out of poverty. When this Act was enacted, the national minimum wage floor was set at R20 per hour. However, in EPWP, Domestic Worker, and Farm workers had lower rates because they were regulated by other laws. Furthermore, there were challenges of non-compliance by employers. The national minimum wage policy as a socio-economic tool has had an impact on several levels of the economy. This policy has contributed to either alleviation or elevation of poverty and unemployment. Therefore, this study looks at the impact the minimum wage has had on these 2 aspects of life. The research provides a specific asymmetric data of the impact of the policy in all sectors throughout the time since this policy was adopted. It further shows how the minimum wage policy intervention has been affected by covid 19 pandemic. This empirical evidence is provided by way of charts and graphs to demonstrate the changes that has occurred. At the end of the treatise a conclusion on how this policy has affected the South African economy is reached. Furthermore, recommendations on how economic risks posed by the minimum wage policy can be reduced. , Thesis (LLM) -- Faculty of Law, School of Mercantile law, 2023
- Full Text:
- Date Issued: 2023-04