A contingency management framework to mitigate cybersecurity threats to electronic health records in the public health sector in South Africa
- Ngxabane, Mbulelo https://orcid.org/0000-0003-2942-2568
- Authors: Ngxabane, Mbulelo https://orcid.org/0000-0003-2942-2568
- Date: 2021-11
- Subjects: Health services administration--Information technology , Computer Security
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23427 , vital:57730
- Description: Most developing countries in the African continent, including South Africa, seem to be lagging behind in research, policy development, and how to prevent cybersecurity threats. These findings are evident in the significant number of cyberattacks recorded in the Cost of Data Breach Study and Global Analysis by Ponemon Institute. Research studies are placing the blame on the element of portability in electronic health records (EHRs) that has contributed to numerous vulnerabilities to hospital healthcare data. As a result, the healthcare information of patients in those hospitals that are equipped with interconnected medical devices is exposed to cybersecurity threats. The purpose of the study was to develop a healthcare contingency management framework that can be used by healthcare institutions to mitigate cybersecurity threats to EHRs in the public health sector in South Africa. The integrated systems theory (IST) which amalgamated five different theories relating to information security management was used as a theoretical foundation in this study. In achieving this purpose, the literature review was selected as the research design best suited to answer the question presented in this research study. An expert review was used to refine the framework outcome using interviews and questionnaires. The contribution that will be made by this study will be in a form of a conceptual framework that will be used to mitigate cybersecurity threats concerning EHRs in the public health sector. The healthcare contingency management framework (HCMF) can be adopted by either the National Health Department or Provincial Health Department to be used by healthcare facilities as a guide in reviewing their support function, process management, governance management, and their contingency management. Similar future studies need to be conducted on large scale such as in the whole public sector with the focus on the health sector. , Thesis (MA) -- Faculty of Management and Commerce, 2021
- Full Text:
- Date Issued: 2021-11
- Authors: Ngxabane, Mbulelo https://orcid.org/0000-0003-2942-2568
- Date: 2021-11
- Subjects: Health services administration--Information technology , Computer Security
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23427 , vital:57730
- Description: Most developing countries in the African continent, including South Africa, seem to be lagging behind in research, policy development, and how to prevent cybersecurity threats. These findings are evident in the significant number of cyberattacks recorded in the Cost of Data Breach Study and Global Analysis by Ponemon Institute. Research studies are placing the blame on the element of portability in electronic health records (EHRs) that has contributed to numerous vulnerabilities to hospital healthcare data. As a result, the healthcare information of patients in those hospitals that are equipped with interconnected medical devices is exposed to cybersecurity threats. The purpose of the study was to develop a healthcare contingency management framework that can be used by healthcare institutions to mitigate cybersecurity threats to EHRs in the public health sector in South Africa. The integrated systems theory (IST) which amalgamated five different theories relating to information security management was used as a theoretical foundation in this study. In achieving this purpose, the literature review was selected as the research design best suited to answer the question presented in this research study. An expert review was used to refine the framework outcome using interviews and questionnaires. The contribution that will be made by this study will be in a form of a conceptual framework that will be used to mitigate cybersecurity threats concerning EHRs in the public health sector. The healthcare contingency management framework (HCMF) can be adopted by either the National Health Department or Provincial Health Department to be used by healthcare facilities as a guide in reviewing their support function, process management, governance management, and their contingency management. Similar future studies need to be conducted on large scale such as in the whole public sector with the focus on the health sector. , Thesis (MA) -- Faculty of Management and Commerce, 2021
- Full Text:
- Date Issued: 2021-11
A corporate strategy framework to increase financial performance in Zimbabwean firms
- Authors: Matanhire, Farai
- Date: 2021-12
- Subjects: Business enterprises -- Zimbabwe -- Finance -- Management
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/54047 , vital:46206
- Description: The world over, contrasting company performance by firms in the same operating environment and industry has been a conundrum. Firms do not operate in a vacuum, but within spheres where various factors around them affect their performances. To that end, heterogeneous firm performance is a common phenomenon that is influenced by a number of factors, including how management develops appropriate selections, trade-offs and calculated choices to be dissimilar from other players in the market in order to gain a competitive advantage that will lead to superior financial performance. A collection of actions that management puts in place to out-perform competing firms in order to achieve greater profitability is called corporate strategy. These plans of action include the effective management of the socio-political and cultural institutions in a manner beneficial to the organisation. This plan of action on the socio-political and cultural institutions gives rise to institutional strategic management. The formulation of corporate strategies is done through a process that involves a set of rules, ideas or beliefs called frameworks, which include the Resource Based Strategy Framework, Business Models, Innovation and Institutionalism. Research has shown that the financial performance of firms is driven by a number of factors, namely corporate strategy, industry competitiveness, operating environment and core competencies amongst other factors. There is a plethora of determinants for the performance of firms and the complexity in the current business environment that has contributed to some models becoming obsolete while others remain relevant. It is against this background that the primary research objective of establishing a corporate strategy framework used by Zimbabwean firms to increase financial performance was developed. To answer this primary research objective, secondary objectives to (a) determine the impact of the Resource-Based Strategy Framework on the financial performance of firms in Zimbabwe; (b) ascertain the impact of business models using Porter’s Generic Strategies Framework on the financial performance of firms in Zimbabwe; (c) determine the impact of the Institutional Strategy Framework on the financial performance of firms in Zimbabwe; (d) determine the impact of the Innovation Strategy Framework on the financial performance of firms in Zimbabwe; (e) establish the joint impact of the Resource-Based Strategy framework, Business Models, Institutional Strategies and Innovation Strategies on the financial performance of firms in Zimbabwe; and (f) establish other corporate strategy frameworks used by Zimbabwean firms to increase financial performance, were developed. The study population was the Zimbabwe Stock Exchange (ZSE) listed firms that fairly represented all the major operating sectors and firms in Zimbabwe. The researcher adopted a mixed research design incorporating both qualitative and quantitative methods in order to best reflect the critical strategy elements that were increasing financial performance in Zimbabwean firms. Qualitative data was collected through interviews conducted with executive managers of ZSE firms. Triangulation was achieved by comparing and contrasting data collected from interviews to secondary data extracted from websites, reports and audited financial statements. Both qualitative and quantitative data analysis was done using RQDA, an open-source computer-aided data software. ZSE listed firms were categorised into the five sectors of basic materials, consumer goods, consumer services, financial services and industrials. These firms were further categorised into excellent, medium, poor and very poor performers. Collected data was analysed to establish strategies that were used by excellent, medium, poor and very poor firms to see if they were using the same and figure out the impact of the various strategy frameworks on the financial performance on Zimbabwean firms. Data was analysed using univariate, ordinal and binomial logistics regression analysis. These data analysis models confirmed that RBS was a significant driver of financial performance for ZSE listed firms when all the strategy frameworks were combined. However, evaluating the impact of each strategy framework separately showed that all the frameworks were significant in driving financial performance, with the exception of the Institutional Strategy Framework. All the firms were doing more or less the same on Institutional Strategy Framework (ISF), hence it could not be a predictor of financial performance under the regression models. However, the ISF had a high score on univariate evaluation method. It is against this background that the study recommended the use of the Resource Based Strategy Framework (RBS) in pursuit of increasing financial performance of firms as this has been empirically found to have a significant impact on the financial performance of firms in Zimbabwe. , Thesis (DBA) -- Faculty of Business and Economic Sciences, 2021
- Full Text:
- Date Issued: 2021-12
- Authors: Matanhire, Farai
- Date: 2021-12
- Subjects: Business enterprises -- Zimbabwe -- Finance -- Management
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/54047 , vital:46206
- Description: The world over, contrasting company performance by firms in the same operating environment and industry has been a conundrum. Firms do not operate in a vacuum, but within spheres where various factors around them affect their performances. To that end, heterogeneous firm performance is a common phenomenon that is influenced by a number of factors, including how management develops appropriate selections, trade-offs and calculated choices to be dissimilar from other players in the market in order to gain a competitive advantage that will lead to superior financial performance. A collection of actions that management puts in place to out-perform competing firms in order to achieve greater profitability is called corporate strategy. These plans of action include the effective management of the socio-political and cultural institutions in a manner beneficial to the organisation. This plan of action on the socio-political and cultural institutions gives rise to institutional strategic management. The formulation of corporate strategies is done through a process that involves a set of rules, ideas or beliefs called frameworks, which include the Resource Based Strategy Framework, Business Models, Innovation and Institutionalism. Research has shown that the financial performance of firms is driven by a number of factors, namely corporate strategy, industry competitiveness, operating environment and core competencies amongst other factors. There is a plethora of determinants for the performance of firms and the complexity in the current business environment that has contributed to some models becoming obsolete while others remain relevant. It is against this background that the primary research objective of establishing a corporate strategy framework used by Zimbabwean firms to increase financial performance was developed. To answer this primary research objective, secondary objectives to (a) determine the impact of the Resource-Based Strategy Framework on the financial performance of firms in Zimbabwe; (b) ascertain the impact of business models using Porter’s Generic Strategies Framework on the financial performance of firms in Zimbabwe; (c) determine the impact of the Institutional Strategy Framework on the financial performance of firms in Zimbabwe; (d) determine the impact of the Innovation Strategy Framework on the financial performance of firms in Zimbabwe; (e) establish the joint impact of the Resource-Based Strategy framework, Business Models, Institutional Strategies and Innovation Strategies on the financial performance of firms in Zimbabwe; and (f) establish other corporate strategy frameworks used by Zimbabwean firms to increase financial performance, were developed. The study population was the Zimbabwe Stock Exchange (ZSE) listed firms that fairly represented all the major operating sectors and firms in Zimbabwe. The researcher adopted a mixed research design incorporating both qualitative and quantitative methods in order to best reflect the critical strategy elements that were increasing financial performance in Zimbabwean firms. Qualitative data was collected through interviews conducted with executive managers of ZSE firms. Triangulation was achieved by comparing and contrasting data collected from interviews to secondary data extracted from websites, reports and audited financial statements. Both qualitative and quantitative data analysis was done using RQDA, an open-source computer-aided data software. ZSE listed firms were categorised into the five sectors of basic materials, consumer goods, consumer services, financial services and industrials. These firms were further categorised into excellent, medium, poor and very poor performers. Collected data was analysed to establish strategies that were used by excellent, medium, poor and very poor firms to see if they were using the same and figure out the impact of the various strategy frameworks on the financial performance on Zimbabwean firms. Data was analysed using univariate, ordinal and binomial logistics regression analysis. These data analysis models confirmed that RBS was a significant driver of financial performance for ZSE listed firms when all the strategy frameworks were combined. However, evaluating the impact of each strategy framework separately showed that all the frameworks were significant in driving financial performance, with the exception of the Institutional Strategy Framework. All the firms were doing more or less the same on Institutional Strategy Framework (ISF), hence it could not be a predictor of financial performance under the regression models. However, the ISF had a high score on univariate evaluation method. It is against this background that the study recommended the use of the Resource Based Strategy Framework (RBS) in pursuit of increasing financial performance of firms as this has been empirically found to have a significant impact on the financial performance of firms in Zimbabwe. , Thesis (DBA) -- Faculty of Business and Economic Sciences, 2021
- Full Text:
- Date Issued: 2021-12
A critical analysis of a taxpayer’s rights relating to a request by sars for relevant material in respect of an audit
- Authors: Luff, Stephen Gary
- Date: 2022-04
- Subjects: Taxpayers , Value-Added Tax , Tax administration and procedure -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/57711 , vital:58223
- Description: This treatise aimed to critically analyse a taxpayer’s rights relating to a request by SARS for relevant material, in respect of an audit (including information requested for the audit of prescribed tax periods). The study also considers whether such a request for relevant material infringes or threatens a taxpayer’s constitutional rights to privacy, information and just administrative action that is lawful, reasonable and procedurally fair. The research considered the information-gathering powers awarded to SARS in terms sections 3(2), 40 and 46 of the TAA versus a taxpayer’s rights to privacy, information and just administrative action in terms of the Constitution. The reasonable and justifiable limitation of taxpayers’ rights, in terms of the general limitation clause contained in section 36(1) of the Constitution, was also considered. The research method consisted of a literature review of various articles, journals, publications, books, statutes and related commentary, judicial decisions and comments of experts. The study revealed the following: • The definition of ‘relevant material’ allows SARS alone to subjectively determine what information is ‘foreseeably relevant’ for the ‘administration of a tax Act’, in respect of an audit. The threshold of what documentation is ‘foreseeably relevant’, is low, and the application of what is foreseeably relevant follows very broad grounds. • SARS’s discretion cannot be easily challenged as the provisions of section 46 of the TAA are peremptory and give rise to mandatory obligations, unless the taxpayer has ‘just cause’ for not providing the relevant material to SARS. • SARS must meet all the jurisdictional requirements of section 3(2) of the TAA to justify that the selection of a taxpayer for an audit or the request for relevant material is necessary for the purposes of the ‘administration of a tax Act’ and is not related to a ‘fishing expedition’ or some other ‘ulterior purpose’. • A taxpayer should evaluate the scope of the information requested to determine if it is ‘frivolous, over-zealous or patently irrelevant’ and falls outside the provisions of section 3(2). It is submitted that a taxpayer could resist such requests to information, to which SARS is not lawfully entitled, to ensure that its constitutional rights are not violated. • A taxpayer is not entitled to the information that SARS used to select it for an audit or SARS’s internal guidelines or policy manuals that are used by its assessors. The risk x indicators and red flags used by SARS to select a taxpayer for an audit constitute ‘SARS confidential information’ and a taxpayer does not have any legal right to specific reasons as to why his tax return has been selected for an audit. • SARS’s decision to request relevant material (or to conduct an audit) is a preliminary or initial step of a process and does not constitute ‘administrative action’ in terms of the PAJA, as it does not adversely affect a taxpayer’s rights nor have a direct external legal effect. A taxpayer therefore cannot rely on the PAJA to refuse such a request. • Even non-administrative action is subject to the broad constitutional ‘principle of legality’, which is an aspect of the rule of law implicit in the Constitution and provides a safety net when the PAJA does not apply. SARS must act within the scope of section 46 and the information requested must constitute ‘relevant material’ and must be ‘foreseeably relevant’ for the purposes of ‘administration of a tax Act’. SARS may not exercise its discretionary investigative powers in an arbitrary or irrational manner and its requests for information must be based on sound, rational decision-making. , Thesis (MA) -- Faculty of Business and Economic science, 2022
- Full Text:
- Date Issued: 2022-04
- Authors: Luff, Stephen Gary
- Date: 2022-04
- Subjects: Taxpayers , Value-Added Tax , Tax administration and procedure -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/57711 , vital:58223
- Description: This treatise aimed to critically analyse a taxpayer’s rights relating to a request by SARS for relevant material, in respect of an audit (including information requested for the audit of prescribed tax periods). The study also considers whether such a request for relevant material infringes or threatens a taxpayer’s constitutional rights to privacy, information and just administrative action that is lawful, reasonable and procedurally fair. The research considered the information-gathering powers awarded to SARS in terms sections 3(2), 40 and 46 of the TAA versus a taxpayer’s rights to privacy, information and just administrative action in terms of the Constitution. The reasonable and justifiable limitation of taxpayers’ rights, in terms of the general limitation clause contained in section 36(1) of the Constitution, was also considered. The research method consisted of a literature review of various articles, journals, publications, books, statutes and related commentary, judicial decisions and comments of experts. The study revealed the following: • The definition of ‘relevant material’ allows SARS alone to subjectively determine what information is ‘foreseeably relevant’ for the ‘administration of a tax Act’, in respect of an audit. The threshold of what documentation is ‘foreseeably relevant’, is low, and the application of what is foreseeably relevant follows very broad grounds. • SARS’s discretion cannot be easily challenged as the provisions of section 46 of the TAA are peremptory and give rise to mandatory obligations, unless the taxpayer has ‘just cause’ for not providing the relevant material to SARS. • SARS must meet all the jurisdictional requirements of section 3(2) of the TAA to justify that the selection of a taxpayer for an audit or the request for relevant material is necessary for the purposes of the ‘administration of a tax Act’ and is not related to a ‘fishing expedition’ or some other ‘ulterior purpose’. • A taxpayer should evaluate the scope of the information requested to determine if it is ‘frivolous, over-zealous or patently irrelevant’ and falls outside the provisions of section 3(2). It is submitted that a taxpayer could resist such requests to information, to which SARS is not lawfully entitled, to ensure that its constitutional rights are not violated. • A taxpayer is not entitled to the information that SARS used to select it for an audit or SARS’s internal guidelines or policy manuals that are used by its assessors. The risk x indicators and red flags used by SARS to select a taxpayer for an audit constitute ‘SARS confidential information’ and a taxpayer does not have any legal right to specific reasons as to why his tax return has been selected for an audit. • SARS’s decision to request relevant material (or to conduct an audit) is a preliminary or initial step of a process and does not constitute ‘administrative action’ in terms of the PAJA, as it does not adversely affect a taxpayer’s rights nor have a direct external legal effect. A taxpayer therefore cannot rely on the PAJA to refuse such a request. • Even non-administrative action is subject to the broad constitutional ‘principle of legality’, which is an aspect of the rule of law implicit in the Constitution and provides a safety net when the PAJA does not apply. SARS must act within the scope of section 46 and the information requested must constitute ‘relevant material’ and must be ‘foreseeably relevant’ for the purposes of ‘administration of a tax Act’. SARS may not exercise its discretionary investigative powers in an arbitrary or irrational manner and its requests for information must be based on sound, rational decision-making. , Thesis (MA) -- Faculty of Business and Economic science, 2022
- Full Text:
- Date Issued: 2022-04
A critical analysis of how the potential of Dynamic Geometry Software as a visualisation tool may enhance the teaching of Mathematics
- Authors: Mavani, Beena Deepak
- Date: 2021-04
- Subjects: Mathematics -- Computer-assisted instruction , Geometry -- Study and teaching (Secondary) -- South Africa -- Mthatha , Manipulatives (Education) -- South Africa -- Mthatha , Information visualization , Mathematics teachers -- Training of -- South Africa -- Mthatha , GeoGebra Literacy Initiative Project (GLIP) , Dynamic Geometry Software (DGS)
- Language: English
- Type: thesis , text , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/177192 , vital:42798 , 10.21504/10962/177192
- Description: Visualisation in the mathematics classroom has its own pedagogical value and plays a significant role in developing mathematical intuition, thought and ideas. Dynamic visualisation possibilities of current digital technologies afford new ways of teaching and learning mathematics. The freely available GeoGebra software package is highly interactive and makes use of powerful features to create objects that are dynamic, and which can be moved around on the computer screen for mathematical exploration. This research study was conceptualised within the GeoGebra Literacy Initiative Project (GLIP) – an ICT teacher development project in Mthatha in the Eastern Cape, South Africa. The focus of this study was on how GeoGebra could be used as a teaching tool by harnessing its powerful visualisation capacity. In the study, selected GLIP teachers collaboratively developed GeoGebra applets, then implemented and evaluated them. The research methodology took the form of action research cycles in which the design, implementation and evaluation of successive applets determined the data gathering and analysis process. My data consisted mainly of recorded observations and reflective interviews. The underlying theoretical foundation of this study lies in constructivism, which aligned well with the conceptual and analytical framework of Kilpatrick et al.’s (2001) description of teaching proficiency. An in-depth analysis of my classroom observations resulted in multiple narratives that illuminated how teachers harnessed the visualisation capabilities inherent in the software. My findings showed that dynamic visualisation and interactivity afforded by the use of technology are key enabling factors for teachers to enhance the visualisation of mathematical concepts. My analysis across participants also showed that technical difficulties often compromised the use of technology in the teaching of mathematics. The significance of this research is its contribution to the ongoing deliberations of visualisation and utilisation of technological resources, particularly through the empowerment of a community of teachers. The findings recognised that the integration of technology required appropriate training, proper planning and continuous support and resources for the teaching of mathematics. This action research provided insightful information on integrating Dynamic Geometry Software (DGS) tools in mathematics classrooms that could be useful to teachers and curriculum planners. , Thesis (PhD) -- Education, Education, 2021
- Full Text:
- Date Issued: 2021-04
- Authors: Mavani, Beena Deepak
- Date: 2021-04
- Subjects: Mathematics -- Computer-assisted instruction , Geometry -- Study and teaching (Secondary) -- South Africa -- Mthatha , Manipulatives (Education) -- South Africa -- Mthatha , Information visualization , Mathematics teachers -- Training of -- South Africa -- Mthatha , GeoGebra Literacy Initiative Project (GLIP) , Dynamic Geometry Software (DGS)
- Language: English
- Type: thesis , text , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/177192 , vital:42798 , 10.21504/10962/177192
- Description: Visualisation in the mathematics classroom has its own pedagogical value and plays a significant role in developing mathematical intuition, thought and ideas. Dynamic visualisation possibilities of current digital technologies afford new ways of teaching and learning mathematics. The freely available GeoGebra software package is highly interactive and makes use of powerful features to create objects that are dynamic, and which can be moved around on the computer screen for mathematical exploration. This research study was conceptualised within the GeoGebra Literacy Initiative Project (GLIP) – an ICT teacher development project in Mthatha in the Eastern Cape, South Africa. The focus of this study was on how GeoGebra could be used as a teaching tool by harnessing its powerful visualisation capacity. In the study, selected GLIP teachers collaboratively developed GeoGebra applets, then implemented and evaluated them. The research methodology took the form of action research cycles in which the design, implementation and evaluation of successive applets determined the data gathering and analysis process. My data consisted mainly of recorded observations and reflective interviews. The underlying theoretical foundation of this study lies in constructivism, which aligned well with the conceptual and analytical framework of Kilpatrick et al.’s (2001) description of teaching proficiency. An in-depth analysis of my classroom observations resulted in multiple narratives that illuminated how teachers harnessed the visualisation capabilities inherent in the software. My findings showed that dynamic visualisation and interactivity afforded by the use of technology are key enabling factors for teachers to enhance the visualisation of mathematical concepts. My analysis across participants also showed that technical difficulties often compromised the use of technology in the teaching of mathematics. The significance of this research is its contribution to the ongoing deliberations of visualisation and utilisation of technological resources, particularly through the empowerment of a community of teachers. The findings recognised that the integration of technology required appropriate training, proper planning and continuous support and resources for the teaching of mathematics. This action research provided insightful information on integrating Dynamic Geometry Software (DGS) tools in mathematics classrooms that could be useful to teachers and curriculum planners. , Thesis (PhD) -- Education, Education, 2021
- Full Text:
- Date Issued: 2021-04
A critical analysis of Professor Andrew Tracey’s contribution to African music pedagogy and the field of applied ethnomusicology
- Authors: Moyo, Vuyelwa O'Lacy
- Date: 2022-10-14
- Subjects: Tracey, Andrew T N , Ethnomusicology , Music Instruction and study Africa , Mbira Zimbabwe
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/406829 , vital:70311
- Description: The research presented in this thesis is based on my interest and experience in forms of African music, ethnomusicology, and studying mbira with Professor Emeritus Andrew Tracey. When I arrived in South Africa in 2019 to join Rhodes University’s Applied Ethnomusicology programme, I chose to study the mbira with Tracey as the idea of learning more about Zimbabwe through music was important to the formation of my identity. Through the lens of embodied learning and a practice-based approach in this research, I evaluate how Tracey’s numerous contributions to African music pedagogy have improved prospects for African music scholars and students in terms of contributing to the goals of applied ethnomusicology. The primary purpose of this thesis is to respond to the absence of serious scrutiny of existing pedagogical approaches to African music at universities across South Africa. The contribution this research makes will be valuable to African music programmes across the continent as well as to practitioners of African traditional instruments, such as the marimba, mbira, timbila xylophones, nyanga pan pipes, and valimba xylophones. The thesis comprises five chapters. The first presents an introduction to the research, and its goals, procedures and approaches, along with an outline of the subsequent chapters. Tracey’s biography is covered in the second chapter. A consideration of the state of African music teaching in other African countries such as Ghana, Kenya, and Zimbabwe; the history of African music; and the state of African music pedagogy in tertiary institutions in South Africa constitutes the third chapter. Chapter 4 comprises an analysis of Tracey’s articles and data gathered from interviews, as well as my personal reflections as Tracey’s student. The final chapter presents a summary of the preceding chapters, the study’s findings, and suggestions for further research. A multidisciplinary approach was used for this thesis. The results finds that Tracey’s articles had six common themes which he wrote about and are a contribution to African music pedagogy. These themes are the history of instruments, the structure of the instrument, the learning/playing technique, structure of the instrument, transcription and dance steps. , Thesis (MMus) -- Faculty of Humanities, Music and Musicology, 2022
- Full Text:
- Date Issued: 2022-10-14
- Authors: Moyo, Vuyelwa O'Lacy
- Date: 2022-10-14
- Subjects: Tracey, Andrew T N , Ethnomusicology , Music Instruction and study Africa , Mbira Zimbabwe
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/406829 , vital:70311
- Description: The research presented in this thesis is based on my interest and experience in forms of African music, ethnomusicology, and studying mbira with Professor Emeritus Andrew Tracey. When I arrived in South Africa in 2019 to join Rhodes University’s Applied Ethnomusicology programme, I chose to study the mbira with Tracey as the idea of learning more about Zimbabwe through music was important to the formation of my identity. Through the lens of embodied learning and a practice-based approach in this research, I evaluate how Tracey’s numerous contributions to African music pedagogy have improved prospects for African music scholars and students in terms of contributing to the goals of applied ethnomusicology. The primary purpose of this thesis is to respond to the absence of serious scrutiny of existing pedagogical approaches to African music at universities across South Africa. The contribution this research makes will be valuable to African music programmes across the continent as well as to practitioners of African traditional instruments, such as the marimba, mbira, timbila xylophones, nyanga pan pipes, and valimba xylophones. The thesis comprises five chapters. The first presents an introduction to the research, and its goals, procedures and approaches, along with an outline of the subsequent chapters. Tracey’s biography is covered in the second chapter. A consideration of the state of African music teaching in other African countries such as Ghana, Kenya, and Zimbabwe; the history of African music; and the state of African music pedagogy in tertiary institutions in South Africa constitutes the third chapter. Chapter 4 comprises an analysis of Tracey’s articles and data gathered from interviews, as well as my personal reflections as Tracey’s student. The final chapter presents a summary of the preceding chapters, the study’s findings, and suggestions for further research. A multidisciplinary approach was used for this thesis. The results finds that Tracey’s articles had six common themes which he wrote about and are a contribution to African music pedagogy. These themes are the history of instruments, the structure of the instrument, the learning/playing technique, structure of the instrument, transcription and dance steps. , Thesis (MMus) -- Faculty of Humanities, Music and Musicology, 2022
- Full Text:
- Date Issued: 2022-10-14
A critical analysis of the application of South African business rescue provisions on small to medium enterprises (SMEs)
- Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Authors: Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Date: 2021-09
- Subjects: Small business , Business enterprises , Business failures--Law and legislation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20328 , vital:45655
- Description: Small to Medium sized Enterprises (SMEs) play an essential role and can be described as the crucial bread and butter of the South African economy. They have the potential to create employment and skills development opportunities pertinent for sustainable economic growth. The unfortunate part is that South African Small to Medium sized Enterprises have the lowest survival rates in the world, resulting in high rates of business failure and job losses. This is because the South African economy does not favour SMEs, which are often burdened with structural hurdles including access to funding, lack of access to markets, inadequate skills, uncompetitive regulatory frameworks and technological disruptions. A developing economy such as South Africa cannot grow if companies facing financial difficulty are constantly liquidated. This is because the liquidation system does not offer companies an opportunity to restructure and possibly function within the context of raised concerns. In order to facilitate sustainable SMEs growth, the legislature has come up with statutory mechanisms to support SMEs and save them from total liquidation. Most recently, the Companies Act 71 of 2008 Chapter 6 introduces a business rescue mechanism applicable to all business structures established under the Act. The purpose of business rescue is to provide companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which are useful and efficient in saving the financially distressed company and possibly yielding a better return for the creditors than would have been the case if the company was liquidated. This new enactment is seen as both an improvement and necessary reform from its predecessor, judicial administration which has widely been condemned as a failure. However, despite this improvement, the application of the current business provisions to SMEs is questionable. Although Chapter 6 of the Act makes provision for SMEs, it also presents a number of stumbling blocks, including the fact that services of business rescue practitioners are out of reach for most SMEs in South Africa. The purpose of this study is to consider challenges faced by SMEs in the practical application of the current business rescue provisions. This study further emphasizes the importance of South African SMEs, whilst looking at their challenges and how the Companies Act 71 of 2008 provisions, regarding business rescue, assists SMEs. The study looks at the impediments of certain provisions of business rescue and proposes recommendations. , Thesis (MA) (Laws) -- University of Fort Hare, 2021
- Full Text:
- Date Issued: 2021-09
- Authors: Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Date: 2021-09
- Subjects: Small business , Business enterprises , Business failures--Law and legislation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20328 , vital:45655
- Description: Small to Medium sized Enterprises (SMEs) play an essential role and can be described as the crucial bread and butter of the South African economy. They have the potential to create employment and skills development opportunities pertinent for sustainable economic growth. The unfortunate part is that South African Small to Medium sized Enterprises have the lowest survival rates in the world, resulting in high rates of business failure and job losses. This is because the South African economy does not favour SMEs, which are often burdened with structural hurdles including access to funding, lack of access to markets, inadequate skills, uncompetitive regulatory frameworks and technological disruptions. A developing economy such as South Africa cannot grow if companies facing financial difficulty are constantly liquidated. This is because the liquidation system does not offer companies an opportunity to restructure and possibly function within the context of raised concerns. In order to facilitate sustainable SMEs growth, the legislature has come up with statutory mechanisms to support SMEs and save them from total liquidation. Most recently, the Companies Act 71 of 2008 Chapter 6 introduces a business rescue mechanism applicable to all business structures established under the Act. The purpose of business rescue is to provide companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which are useful and efficient in saving the financially distressed company and possibly yielding a better return for the creditors than would have been the case if the company was liquidated. This new enactment is seen as both an improvement and necessary reform from its predecessor, judicial administration which has widely been condemned as a failure. However, despite this improvement, the application of the current business provisions to SMEs is questionable. Although Chapter 6 of the Act makes provision for SMEs, it also presents a number of stumbling blocks, including the fact that services of business rescue practitioners are out of reach for most SMEs in South Africa. The purpose of this study is to consider challenges faced by SMEs in the practical application of the current business rescue provisions. This study further emphasizes the importance of South African SMEs, whilst looking at their challenges and how the Companies Act 71 of 2008 provisions, regarding business rescue, assists SMEs. The study looks at the impediments of certain provisions of business rescue and proposes recommendations. , Thesis (MA) (Laws) -- University of Fort Hare, 2021
- Full Text:
- Date Issued: 2021-09
A critical analysis of the criteria applied in South Africa to distinguish an independent contractor from an employee for income tax purposes
- Authors: Mkhoma, Londekile Nosipho
- Date: 2023-04
- Subjects: Independent contractor , Common law tests , Income tax
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/61702 , vital:71827
- Description: The study set out to critically analyse the criteria used by South Africa to determine the distinction between independent contractors and employees. Comparisons are also drawn with the criteria used in the United Kingdom(UK) and New Zealand (NZ) to assess whether there are new ideas that can be drawn from these and help improve the criteria used in South Africa. This was motivated by the ongoing debates around this issue and the desire to make a contribution that might bring some new insights and clarity. Under South African tax legislation employers are only obliged to deduct income tax from persons identified as employees while on the other hand, they cannot deduct tax contributions from the money paid to independent contractors for services rendered. Furthermore, there is no statutory definition for the term “independent contractor” in the Income Tax Act of South Africa nor in the country’s labour legislation. The definition of this term has largely been established by the labour courts in instances where disputes have arisen around these matters. Using a doctrinal research method (including a comparative legal research), which is a qualitative research approach, articles, statutes, judgements, explanatory memoranda, and policy documents on the subject under investigation were analysed. It is submitted that the criteria used in the two countries used in the comparison are similar to the ones used in South Africa, with some variations. All three countries use similar tests to make their determinations and a survey of the UK and NZ’s case law indicates that the most preferred criteria are the multifactoral approach to determine the true nature of the relationship between employers and their employees. This approach has been found to be more flexible which allows it to accommodate the changes that are occurring in the world of work. In the South African context, the labour court has adopted a substance-over-form approach in making their determinations, arguing that the nature of the working relationship between employer and employee is a more important indicator than the mere contents of a written contract. The labour court has also used labour legislation mainly to assist in the interpretation of the distinction between independent contractors and employees. The study established that the criteria used in the UK is a bit more complex because workers are put in three different categories and the definition of employee is not 4 uniform in all the available statutes. In New Zealand the multiple factor approach is preferred just like in South Africa. In conclusion is submitted that the study established that there is nothing, other than the UK’s Mutuality of Obligation Test, that would assist in further clarifying the criteria used to classify employees or independent contractors in South Africa , Thesis (MA) -- Faculty of Faculty of Business and Economic Sciences, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Mkhoma, Londekile Nosipho
- Date: 2023-04
- Subjects: Independent contractor , Common law tests , Income tax
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/61702 , vital:71827
- Description: The study set out to critically analyse the criteria used by South Africa to determine the distinction between independent contractors and employees. Comparisons are also drawn with the criteria used in the United Kingdom(UK) and New Zealand (NZ) to assess whether there are new ideas that can be drawn from these and help improve the criteria used in South Africa. This was motivated by the ongoing debates around this issue and the desire to make a contribution that might bring some new insights and clarity. Under South African tax legislation employers are only obliged to deduct income tax from persons identified as employees while on the other hand, they cannot deduct tax contributions from the money paid to independent contractors for services rendered. Furthermore, there is no statutory definition for the term “independent contractor” in the Income Tax Act of South Africa nor in the country’s labour legislation. The definition of this term has largely been established by the labour courts in instances where disputes have arisen around these matters. Using a doctrinal research method (including a comparative legal research), which is a qualitative research approach, articles, statutes, judgements, explanatory memoranda, and policy documents on the subject under investigation were analysed. It is submitted that the criteria used in the two countries used in the comparison are similar to the ones used in South Africa, with some variations. All three countries use similar tests to make their determinations and a survey of the UK and NZ’s case law indicates that the most preferred criteria are the multifactoral approach to determine the true nature of the relationship between employers and their employees. This approach has been found to be more flexible which allows it to accommodate the changes that are occurring in the world of work. In the South African context, the labour court has adopted a substance-over-form approach in making their determinations, arguing that the nature of the working relationship between employer and employee is a more important indicator than the mere contents of a written contract. The labour court has also used labour legislation mainly to assist in the interpretation of the distinction between independent contractors and employees. The study established that the criteria used in the UK is a bit more complex because workers are put in three different categories and the definition of employee is not 4 uniform in all the available statutes. In New Zealand the multiple factor approach is preferred just like in South Africa. In conclusion is submitted that the study established that there is nothing, other than the UK’s Mutuality of Obligation Test, that would assist in further clarifying the criteria used to classify employees or independent contractors in South Africa , Thesis (MA) -- Faculty of Faculty of Business and Economic Sciences, 2023
- Full Text:
- Date Issued: 2023-04
A Critical Analysis of the Role of School Governing Bodies in the Recruitment, Selection and Transfer of Educators in the Butterworth District
- Authors: Sifuba, Mpilo
- Date: 2011
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/3495 , vital:43616
- Description: Recruitment, selection and transfer of educators were decentralized after South Africa became a democratic state in 1994 and shifted to School Governing Bodies. The legislation promoted a shared governance and participation of parents in issues that are related to recruitment, selection and transfer of educators, but parents are struggling and facing challenges in performing these tasks as School Governing Body members especially in the Butterworth district, as a result of that Butterworth district is experiencing problems with increasing number of disputes resulting from the appointment of educators after they have been recommended by the School Governing Bodies. This study focuses on the recruitment, selection and transfer of educators in the Butterworth district of the Eastern Cape Province of South Africa. The study sought to reveal the thinking behind government insistence on giving the School Governing Bodies a responsibility to recruit, select and transfer educators knowing fully well that they do not perform this responsibility. A qualitative approach was used to explore and challenge this phenomenon. This approach is concerned with understanding social phenomenon from the participant’s perspective. In depth semi – structured interviews with open ended questions were used to bring the researcher more closer to a more plausible perspective of this phenomenon. Moreover, they were used because they are the most appropriate method to capture the data. The findings revealed that School Governing Bodies are faced with challenges such as: high level of illiteracy, manipulation of School Governing Bodies by school management, unions and candidates, the issue of regionalism and kickbacks, capacity building and empowerment and role played by the Departmental Officials. By conducting this study, we hope that the findings might contribute in identifying the disjuncture between the policy and the practice in issues pertaining to educator recruitment, selection and transfers. , Thesis (MMED) -- Faculty of Educational Sciences, 2011
- Full Text:
- Date Issued: 2011
- Authors: Sifuba, Mpilo
- Date: 2011
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/3495 , vital:43616
- Description: Recruitment, selection and transfer of educators were decentralized after South Africa became a democratic state in 1994 and shifted to School Governing Bodies. The legislation promoted a shared governance and participation of parents in issues that are related to recruitment, selection and transfer of educators, but parents are struggling and facing challenges in performing these tasks as School Governing Body members especially in the Butterworth district, as a result of that Butterworth district is experiencing problems with increasing number of disputes resulting from the appointment of educators after they have been recommended by the School Governing Bodies. This study focuses on the recruitment, selection and transfer of educators in the Butterworth district of the Eastern Cape Province of South Africa. The study sought to reveal the thinking behind government insistence on giving the School Governing Bodies a responsibility to recruit, select and transfer educators knowing fully well that they do not perform this responsibility. A qualitative approach was used to explore and challenge this phenomenon. This approach is concerned with understanding social phenomenon from the participant’s perspective. In depth semi – structured interviews with open ended questions were used to bring the researcher more closer to a more plausible perspective of this phenomenon. Moreover, they were used because they are the most appropriate method to capture the data. The findings revealed that School Governing Bodies are faced with challenges such as: high level of illiteracy, manipulation of School Governing Bodies by school management, unions and candidates, the issue of regionalism and kickbacks, capacity building and empowerment and role played by the Departmental Officials. By conducting this study, we hope that the findings might contribute in identifying the disjuncture between the policy and the practice in issues pertaining to educator recruitment, selection and transfers. , Thesis (MMED) -- Faculty of Educational Sciences, 2011
- Full Text:
- Date Issued: 2011
A critical analysis of the screen adaptation of Saule's Unyana womntu
- Authors: Mbatsha,Thembisa
- Date: 2012-12
- Subjects: Motion picture authorship , Literature -- Adaptations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23078 , vital:55400
- Description: This research will concentrate on various aspects of the screen adaptation of “Unyana womntu” (Saule, 1989). This study comprises of six chapters. In Chapter 1 of this study, the research aims and objectives are formulated. The research methods that are to be followed will involve a thorough reading of the written text, as well as a comprehensive repetitive viewing of all the episodes of the screen version. In the final part of Chapter 1, background information is provided on the personal life of the author as well as on his contributions to the African literary tradition. Background information on the production of the screen version is also provided. In the Chapter 2, the theoretical aspects of the phenomenon of literary adaptation are discussed. This discussion provides a framework for the analysis of the adaptation of “Unyana womntu” (Saule, 1989) in the remaining chapters of this study. The aim of this chapter is to identify and discuss the most important principles which come into play when the written text is adapted into a screen production. Since the screen production belongs to the genre of the performing arts, this chapter is introduced with a discussion on the performing arts and on the drama, in particular. The section will be concluded with a discussion on the different sub-types of the drama which can be found, including the screen production. The main emphasis is on an analysis of the basic features and principles of the drama in screen format. Since the screen play Unyana Womntu (1998) is based upon a novel by the same title, the literary features of the novel are to be discussed here as well. The specific features of the Xhosa novel will also receive attention. In Chapter 3, the adaptation of the background of the novel “Unyana womntu” (Saule, 1989) into the screen production is critically evaluated. Aspects such as the adaptation of the macro-features as well as the micro-features of the background are identified and critically analysed Chapter 4 deals with the adaptation of the character element. This discussion takes place within a particular theoretical framework which defines the essential elements of characterization within the novel and within the drama respectively. It also deals with the manner in which each of these elements is subjected to the process of adaptation. The aim of Chapter 5 is to analyse the adaptation of the plot of “Unyana womntu” (Saule, 1989) from a written text into a screen production. This analysis is based upon a well-constructed theoretical framework that addresses the various aspects of the plot, as found within narrative texts. Chapter 6 contains a general conclusion which will finally present the observations and findings drawn from the entire study , Thesis (MA) -- Faculty of Social Science and Humanities, 2012
- Full Text:
- Date Issued: 2012-12
- Authors: Mbatsha,Thembisa
- Date: 2012-12
- Subjects: Motion picture authorship , Literature -- Adaptations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23078 , vital:55400
- Description: This research will concentrate on various aspects of the screen adaptation of “Unyana womntu” (Saule, 1989). This study comprises of six chapters. In Chapter 1 of this study, the research aims and objectives are formulated. The research methods that are to be followed will involve a thorough reading of the written text, as well as a comprehensive repetitive viewing of all the episodes of the screen version. In the final part of Chapter 1, background information is provided on the personal life of the author as well as on his contributions to the African literary tradition. Background information on the production of the screen version is also provided. In the Chapter 2, the theoretical aspects of the phenomenon of literary adaptation are discussed. This discussion provides a framework for the analysis of the adaptation of “Unyana womntu” (Saule, 1989) in the remaining chapters of this study. The aim of this chapter is to identify and discuss the most important principles which come into play when the written text is adapted into a screen production. Since the screen production belongs to the genre of the performing arts, this chapter is introduced with a discussion on the performing arts and on the drama, in particular. The section will be concluded with a discussion on the different sub-types of the drama which can be found, including the screen production. The main emphasis is on an analysis of the basic features and principles of the drama in screen format. Since the screen play Unyana Womntu (1998) is based upon a novel by the same title, the literary features of the novel are to be discussed here as well. The specific features of the Xhosa novel will also receive attention. In Chapter 3, the adaptation of the background of the novel “Unyana womntu” (Saule, 1989) into the screen production is critically evaluated. Aspects such as the adaptation of the macro-features as well as the micro-features of the background are identified and critically analysed Chapter 4 deals with the adaptation of the character element. This discussion takes place within a particular theoretical framework which defines the essential elements of characterization within the novel and within the drama respectively. It also deals with the manner in which each of these elements is subjected to the process of adaptation. The aim of Chapter 5 is to analyse the adaptation of the plot of “Unyana womntu” (Saule, 1989) from a written text into a screen production. This analysis is based upon a well-constructed theoretical framework that addresses the various aspects of the plot, as found within narrative texts. Chapter 6 contains a general conclusion which will finally present the observations and findings drawn from the entire study , Thesis (MA) -- Faculty of Social Science and Humanities, 2012
- Full Text:
- Date Issued: 2012-12
A critical analysis of the tax treatment of cryptocurrencies in a South African context
- Authors: Ho, Dau-Ming
- Date: 2022-10-14
- Subjects: Cryptocurrencies Taxation , Income tax Law and legislation South Africa , Income tax Law and legislation Australia , Financial services industry Security measures , South Africa. Income Tax Act, 1962
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/357504 , vital:64749
- Description: The aim of the present research was to investigate whether, as claimed by the South African Revenue Service in the media release issued in April 2018, the normal income tax provisions could apply to cryptocurrency transactions. To achieve this aim, a literature review was undertaken to describe the nature of cryptocurrencies and related crypto mining activities, providing definitions of cryptocurrencies, blockchains and crypto mining, as well as describing the functioning of the system. The research then proceeded to analyse the provisions of the definition of “gross income” in section 1 of the Income Tax Act, 58 of 1962, as amended, and the requirements of the “general deduction formula” in terms of the preamble to section 11, section 11(a) and section 23(g), as applying to cryptocurrency transactions. The application of other provisions in the Act to cryptocurrency transactions was analysed, including trading stock in terms of section 22, and capital allowances in terms of sections 11(e), 12C and 13quin of the Act, together with capital gains tax consequences in terms of the Eighth Schedule to the Income Tax Act. The regulation for income tax purposes of cryptocurrency transactions in Australia was discussed, with a view to making similar recommendations in South Africa. The research was situated in the interpretative paradigm, a doctrinal methodology was applied, together with a qualitative analysis of documentary data. The discussion was limited to the income tax consequences of cryptocurrencies as applying to individuals. The findings of the research were that, in general, the normal income tax provisions could apply to cryptocurrency transactions, but based on the analysis of the South African and Australian income tax acts as they apply to cryptocurrencies, it was recommended that a Comprehensive Guide on the income tax consequences of cryptocurrency transactions should be issued by the South African Revenue Service, together with amendments to section 25D and paragraph 43 of the Eighth Schedule to the Income Tax Act to deal with the conversion of cryptocurrencies to Rand values, and to section 9C of the Income Tax Act to include the deemed capital nature of the disposal of cryptocurrencies in the three-year rule presently applying to equity shares. , Thesis (MCom) -- Faculty of Commerce, Accounting, 2022
- Full Text:
- Date Issued: 2022-10-14
- Authors: Ho, Dau-Ming
- Date: 2022-10-14
- Subjects: Cryptocurrencies Taxation , Income tax Law and legislation South Africa , Income tax Law and legislation Australia , Financial services industry Security measures , South Africa. Income Tax Act, 1962
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/357504 , vital:64749
- Description: The aim of the present research was to investigate whether, as claimed by the South African Revenue Service in the media release issued in April 2018, the normal income tax provisions could apply to cryptocurrency transactions. To achieve this aim, a literature review was undertaken to describe the nature of cryptocurrencies and related crypto mining activities, providing definitions of cryptocurrencies, blockchains and crypto mining, as well as describing the functioning of the system. The research then proceeded to analyse the provisions of the definition of “gross income” in section 1 of the Income Tax Act, 58 of 1962, as amended, and the requirements of the “general deduction formula” in terms of the preamble to section 11, section 11(a) and section 23(g), as applying to cryptocurrency transactions. The application of other provisions in the Act to cryptocurrency transactions was analysed, including trading stock in terms of section 22, and capital allowances in terms of sections 11(e), 12C and 13quin of the Act, together with capital gains tax consequences in terms of the Eighth Schedule to the Income Tax Act. The regulation for income tax purposes of cryptocurrency transactions in Australia was discussed, with a view to making similar recommendations in South Africa. The research was situated in the interpretative paradigm, a doctrinal methodology was applied, together with a qualitative analysis of documentary data. The discussion was limited to the income tax consequences of cryptocurrencies as applying to individuals. The findings of the research were that, in general, the normal income tax provisions could apply to cryptocurrency transactions, but based on the analysis of the South African and Australian income tax acts as they apply to cryptocurrencies, it was recommended that a Comprehensive Guide on the income tax consequences of cryptocurrency transactions should be issued by the South African Revenue Service, together with amendments to section 25D and paragraph 43 of the Eighth Schedule to the Income Tax Act to deal with the conversion of cryptocurrencies to Rand values, and to section 9C of the Income Tax Act to include the deemed capital nature of the disposal of cryptocurrencies in the three-year rule presently applying to equity shares. , Thesis (MCom) -- Faculty of Commerce, Accounting, 2022
- Full Text:
- Date Issued: 2022-10-14
A critical analysis of the Urban Food System, Urban Governance and Household Food Security in Bulawayo, Zimbabwe
- Authors: Maphosa, Mandlenkosi
- Date: 2022-10-14
- Subjects: Food security Zimbabwe Bulawayo , City planning Government policy Zimbabwe Bulawayo , Urban poor Zimbabwe Bulawayo , Urban agriculture Zimbabwe Bulawayo , COVID-19 (Disease) Zimbabwe Bulawayo , Agent (Philosophy)
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/327165 , vital:61087 , DOI 10.21504/10962/327165
- Description: Urbanisation is occurring on a massive scale globally and even more so in the less developed regions of the Global South including sub-Saharan Africa (SSA). Like other developing regions of the world, urbanisation in SSA is not occurring alongside a corresponding growth in urban economies. Resultantly, it is taking place in tandem with the rising scourge of urban poverty, including food insecurity. While urban food insecurity is a clear challenge in SSA, the challenge has however not been met with equal vigour in policy making and implementation circles and even in academia. Problematically, the urban food security literature often focuses on one element of the food system without giving due attention to other components of the system. Resultantly, broader systemic failures and the dynamics related to the different actors across the system-elements are missed. There has thus been recent calls to embrace urban governance in studying urban food systems, which this study does. The thesis examines the urban food system in Bulawayo (in Zimbabwe) with specific reference to urban governance and household food security to understand sociologically the complex multi-dimensional processes, structures, systems, and practices underpinning the urban food system. As a result of the complex nature of food systems, an eclectic analytical framework is employed encompassing Obeng Odoom’s DED framework, Clapp and Fuchs’ framework of power, Gaventa’s power cube and theories of everyday life derived from de Certeau and Lefebvre. Methodologically, the study is informed by a Critical Realism paradigm which accommodates the convergent mixed methods research design employed. The research strategy employed was that of a survey and case study. Key findings reveal that the Bulawayo food system, from production to consumption, is complex and is nested within broader national and international food systems. Although without a direct and explicit mandate on food security, the local authority is at the centre of urban governance processes as it employs a plethora of strategies to influence the nature of the food system. However, the study reveals that the food system is as much a construction from below through the agential activities of the urban poor. , Thesis (PhD) -- Faculty of Humanities, Sociology, 2022
- Full Text:
- Date Issued: 2022-10-14
- Authors: Maphosa, Mandlenkosi
- Date: 2022-10-14
- Subjects: Food security Zimbabwe Bulawayo , City planning Government policy Zimbabwe Bulawayo , Urban poor Zimbabwe Bulawayo , Urban agriculture Zimbabwe Bulawayo , COVID-19 (Disease) Zimbabwe Bulawayo , Agent (Philosophy)
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/327165 , vital:61087 , DOI 10.21504/10962/327165
- Description: Urbanisation is occurring on a massive scale globally and even more so in the less developed regions of the Global South including sub-Saharan Africa (SSA). Like other developing regions of the world, urbanisation in SSA is not occurring alongside a corresponding growth in urban economies. Resultantly, it is taking place in tandem with the rising scourge of urban poverty, including food insecurity. While urban food insecurity is a clear challenge in SSA, the challenge has however not been met with equal vigour in policy making and implementation circles and even in academia. Problematically, the urban food security literature often focuses on one element of the food system without giving due attention to other components of the system. Resultantly, broader systemic failures and the dynamics related to the different actors across the system-elements are missed. There has thus been recent calls to embrace urban governance in studying urban food systems, which this study does. The thesis examines the urban food system in Bulawayo (in Zimbabwe) with specific reference to urban governance and household food security to understand sociologically the complex multi-dimensional processes, structures, systems, and practices underpinning the urban food system. As a result of the complex nature of food systems, an eclectic analytical framework is employed encompassing Obeng Odoom’s DED framework, Clapp and Fuchs’ framework of power, Gaventa’s power cube and theories of everyday life derived from de Certeau and Lefebvre. Methodologically, the study is informed by a Critical Realism paradigm which accommodates the convergent mixed methods research design employed. The research strategy employed was that of a survey and case study. Key findings reveal that the Bulawayo food system, from production to consumption, is complex and is nested within broader national and international food systems. Although without a direct and explicit mandate on food security, the local authority is at the centre of urban governance processes as it employs a plethora of strategies to influence the nature of the food system. However, the study reveals that the food system is as much a construction from below through the agential activities of the urban poor. , Thesis (PhD) -- Faculty of Humanities, Sociology, 2022
- Full Text:
- Date Issued: 2022-10-14
A critical assessment of credit provision governance in South Africa with a focus on balancing the rights and responsibilities of credit providers and consumers under Section 129 of the National Credit Act 34 of 2005
- Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Authors: Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Date: 2022-05
- Subjects: Debtor and creditor -- South Africa , Credit control -- Law and legislation -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26715 , vital:65967
- Description: The National Credit Act of 2005 (the NCA), described as the fourth generation of consumer protection legislation in South Africa, is the product of an initiative by the Department of Trade and Industry to address the shortcomings of the third generation of consumer protection legislation, being the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The NCA seeks to unify legislation and departs radically from the old dispensation. Its aims are, inter alia, to provide a fair and non-discriminatory marketplace, to prohibit unfair credit practices and reckless lending, to establish national norms and standards relating to consumer credit and to promote a consistent enforcement framework relating to consumer credit. Through enactment of the NCA the government appears to have focused on the protection of consumers through pre-enforcement procedures, prohibitions on reckless lending practices, prevention of over-indebtedness, alleviation of over indebtedness, and an array of other measures. This protection is deemed necessary due to the relative unequal bargaining power between the credit provider (provider) and the consumer at the time of conclusion of an agreement. This consumer protection has, however, sometimes come at the cost of provider protection. Despite these endeavours, there is still the inevitably common occurrence of breach of the agreement by consumers and the ensuing recovery process available to providers. The relationship between the two major role players – the provider and consumer - is the epicentre of any discussion, theory or legislative enactment pertaining to credit. This study commences with an examination of the historical background and rationale for the NCA, putting into context the rules and regulations which govern the relationship between the parties when an agreement is breached as well as the remedies and recourses that are available to the aggrieved party in terms of the NCA. The common law, which acts as a stabiliser especially when there are legislative changes, is examined in relation to preenforcement procedures, breach and the remedies as affected by the NCA. The equitable balancing of the rights and responsibilities of these two major role players is essential to the continued well-being of not only the parties but also the credit industry and economy as a whole. The most common way for individuals to purchase any large asset like a home or motor vehicle is to approach a financial institution for provision of a loan or credit agreement. To protect its interest, the financial institution would normally register a mortgage bond over the property or hold the title of the motor vehicle until all instalments have been settled. The problem arises when the consumer defaults on repayment of the loan or credit agreement. The financial institution would then be forced to institute legal proceedings to for example foreclose on the bond and repossess the property or motor vehicle. The preenforcement procedure finds itself in the centre of the tug of war between the parties in that this is the area and time that both parties require their rights and interests to be protected. The pre-enforcement procedures determine to a large extent, if properly implemented, how many agreements are seen to successful finalisation versus the alternative of those being cancelled and / or enforcement pursued through litigation by the provider. Successful implementation of agreements and repayment of debt would support a healthy credit industry and therefore, a strong economy. This is also the favoured outcome by the NCA. Section 129 of the NCA encapsulates the pre-enforcement procedure and thus determines balancing the parties’ rights and responsibilities through its interpretation and application. The section, however, would appear to fall short in that the delivery requirement of the notice is not adequately defined and has therefore resulted in many disputes, interpretations and two subsequent amendments to the section by the National Credit Amendment Act of 2014 and 2019. The purpose of this study is to critically analyse section 129 of the NCA and determine if the rights of both the consumer and provider have been equally protected, with particular reference to the burden of bringing the section 129 notice to the attention of the consumer. The question posed by all parties involved is always inevitably: Must the section 129 notice come to the actual knowledge of the consumer in order for it to be valid? The answer to this question has varied between two schools of thought. The first school of thought, being the pro-provider approach, answers the question in the negative and holds that as long as the provider has met certain delivery requirements their duty has been fulfilled whether or not the consumer actually receives the notice. The second school of thought, being the pro-consumer approach, answers the questions in the affirmative and requires the provider to carry the burden of ensuring the consumer actually receives the notice in order for it to be valid. There are numerous reasons in support of both schools of thought. It is hoped that this study will make a helpful contribution to the balanced interpretation of section 129. The study aims to provide a consistent interpretation of the section whilst balancing the rights of the consumer and provider respectively. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Date: 2022-05
- Subjects: Debtor and creditor -- South Africa , Credit control -- Law and legislation -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26715 , vital:65967
- Description: The National Credit Act of 2005 (the NCA), described as the fourth generation of consumer protection legislation in South Africa, is the product of an initiative by the Department of Trade and Industry to address the shortcomings of the third generation of consumer protection legislation, being the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The NCA seeks to unify legislation and departs radically from the old dispensation. Its aims are, inter alia, to provide a fair and non-discriminatory marketplace, to prohibit unfair credit practices and reckless lending, to establish national norms and standards relating to consumer credit and to promote a consistent enforcement framework relating to consumer credit. Through enactment of the NCA the government appears to have focused on the protection of consumers through pre-enforcement procedures, prohibitions on reckless lending practices, prevention of over-indebtedness, alleviation of over indebtedness, and an array of other measures. This protection is deemed necessary due to the relative unequal bargaining power between the credit provider (provider) and the consumer at the time of conclusion of an agreement. This consumer protection has, however, sometimes come at the cost of provider protection. Despite these endeavours, there is still the inevitably common occurrence of breach of the agreement by consumers and the ensuing recovery process available to providers. The relationship between the two major role players – the provider and consumer - is the epicentre of any discussion, theory or legislative enactment pertaining to credit. This study commences with an examination of the historical background and rationale for the NCA, putting into context the rules and regulations which govern the relationship between the parties when an agreement is breached as well as the remedies and recourses that are available to the aggrieved party in terms of the NCA. The common law, which acts as a stabiliser especially when there are legislative changes, is examined in relation to preenforcement procedures, breach and the remedies as affected by the NCA. The equitable balancing of the rights and responsibilities of these two major role players is essential to the continued well-being of not only the parties but also the credit industry and economy as a whole. The most common way for individuals to purchase any large asset like a home or motor vehicle is to approach a financial institution for provision of a loan or credit agreement. To protect its interest, the financial institution would normally register a mortgage bond over the property or hold the title of the motor vehicle until all instalments have been settled. The problem arises when the consumer defaults on repayment of the loan or credit agreement. The financial institution would then be forced to institute legal proceedings to for example foreclose on the bond and repossess the property or motor vehicle. The preenforcement procedure finds itself in the centre of the tug of war between the parties in that this is the area and time that both parties require their rights and interests to be protected. The pre-enforcement procedures determine to a large extent, if properly implemented, how many agreements are seen to successful finalisation versus the alternative of those being cancelled and / or enforcement pursued through litigation by the provider. Successful implementation of agreements and repayment of debt would support a healthy credit industry and therefore, a strong economy. This is also the favoured outcome by the NCA. Section 129 of the NCA encapsulates the pre-enforcement procedure and thus determines balancing the parties’ rights and responsibilities through its interpretation and application. The section, however, would appear to fall short in that the delivery requirement of the notice is not adequately defined and has therefore resulted in many disputes, interpretations and two subsequent amendments to the section by the National Credit Amendment Act of 2014 and 2019. The purpose of this study is to critically analyse section 129 of the NCA and determine if the rights of both the consumer and provider have been equally protected, with particular reference to the burden of bringing the section 129 notice to the attention of the consumer. The question posed by all parties involved is always inevitably: Must the section 129 notice come to the actual knowledge of the consumer in order for it to be valid? The answer to this question has varied between two schools of thought. The first school of thought, being the pro-provider approach, answers the question in the negative and holds that as long as the provider has met certain delivery requirements their duty has been fulfilled whether or not the consumer actually receives the notice. The second school of thought, being the pro-consumer approach, answers the questions in the affirmative and requires the provider to carry the burden of ensuring the consumer actually receives the notice in order for it to be valid. There are numerous reasons in support of both schools of thought. It is hoped that this study will make a helpful contribution to the balanced interpretation of section 129. The study aims to provide a consistent interpretation of the section whilst balancing the rights of the consumer and provider respectively. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
A critical assessment of economic policies and their impact on entrepreneurship development in South Africa: a case of Khayelitsha Township in Cape Town
- Oduwole, Olusola https://orcid.org/0000-0002-1563-7392
- Authors: Oduwole, Olusola https://orcid.org/0000-0002-1563-7392
- Date: 2015
- Subjects: Entrepreneurship , Economic policy , Economic development -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26302 , vital:65236
- Description: The complexity of the South African society due to past systematic exclusion of some communities from economic activities resulted in the triple challenge of poverty, inequality and unemployment. Although various economic policies had been developed since the advent of the democratic dispensation in 1994, these policies focused on levelling the economic environment, poverty alleviation and massive social security system. However, despite all the interventions, South Africa remains one of the most unequal societies in the world. This is profiled by the mushrooming of informal settlements around cities with job seekers and frequent protests by people who are impatient to experience improvement in their quality of life and who feel cheated out of their social contract. Advocacy from the governing party’s tripartite alliance towards a developmental state had placed more obligations on the government. This requires deliberate interventions through policies implementation to improve or at best alleviate the well-being of the citizenry. A survey conducted in the township of Khayelitsha to assess the impact of such economic policies on the development of entrepreneurship. Khayelitsha is one of South Africa’s largest townships, an informal settlement profiled by unemployment, poor infrastructure and unavailability of basic services. The study explored the entrepreneurial perception, start-up barriers, entrepreneurship climate, and general cultural factors relating to the environment of entrepreneurship development. The results reveal that despite the various economic policies, high level of unwillingness of citizens towards entrepreneurial activity and business venture is rife notwithstanding the high level of unemployment and poverty. The antidote to these challenges would be a rapid entrepreneurship drive among people most affected that would cause them to mind their own business” and become “masters of their own destinies. Given the complexity and massiveness of the challenges, the conclusion shows that a pragmatic solution is required. Therefore, the emancipation of entrepreneurship development in South Africa townships needs attention. The recommended solution is a pragmatic and innovative strategy based on the acronyms NEEDS HELP which stand for Neighbourhood Enhancement and Environmental Development Strategy and Holistic Entrepreneurial Lifestyle Programme. , Thesis (PhD) -- Faculty of Management and Commerce, 2015
- Full Text:
- Date Issued: 2015
- Authors: Oduwole, Olusola https://orcid.org/0000-0002-1563-7392
- Date: 2015
- Subjects: Entrepreneurship , Economic policy , Economic development -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26302 , vital:65236
- Description: The complexity of the South African society due to past systematic exclusion of some communities from economic activities resulted in the triple challenge of poverty, inequality and unemployment. Although various economic policies had been developed since the advent of the democratic dispensation in 1994, these policies focused on levelling the economic environment, poverty alleviation and massive social security system. However, despite all the interventions, South Africa remains one of the most unequal societies in the world. This is profiled by the mushrooming of informal settlements around cities with job seekers and frequent protests by people who are impatient to experience improvement in their quality of life and who feel cheated out of their social contract. Advocacy from the governing party’s tripartite alliance towards a developmental state had placed more obligations on the government. This requires deliberate interventions through policies implementation to improve or at best alleviate the well-being of the citizenry. A survey conducted in the township of Khayelitsha to assess the impact of such economic policies on the development of entrepreneurship. Khayelitsha is one of South Africa’s largest townships, an informal settlement profiled by unemployment, poor infrastructure and unavailability of basic services. The study explored the entrepreneurial perception, start-up barriers, entrepreneurship climate, and general cultural factors relating to the environment of entrepreneurship development. The results reveal that despite the various economic policies, high level of unwillingness of citizens towards entrepreneurial activity and business venture is rife notwithstanding the high level of unemployment and poverty. The antidote to these challenges would be a rapid entrepreneurship drive among people most affected that would cause them to mind their own business” and become “masters of their own destinies. Given the complexity and massiveness of the challenges, the conclusion shows that a pragmatic solution is required. Therefore, the emancipation of entrepreneurship development in South Africa townships needs attention. The recommended solution is a pragmatic and innovative strategy based on the acronyms NEEDS HELP which stand for Neighbourhood Enhancement and Environmental Development Strategy and Holistic Entrepreneurial Lifestyle Programme. , Thesis (PhD) -- Faculty of Management and Commerce, 2015
- Full Text:
- Date Issued: 2015
A critical assessment of the inter-governmental relations clusters system in the south African local government context: the case of Raymond Mhlaba Municipality by infrastructure
- Authors: Mkosana, Luvo
- Date: 2022-11
- Subjects: Infrastructure (Economics) -- South Africa , Public administration -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26841 , vital:66035
- Description: This research is focused on the premise that intergovernmental relations cluster system can be a precondition for improving the state of infrastructure in Raymond Mhlaba Local Municipality. It follows, logically, that engaging stakeholders in all the three spheres of government and allowing them to fully participate in IGR processes has the potential to play a central role in improving infrastructure sector. Without effective and efficient implementation of IGR in the South African public sector, the transformation of the infrastructure sector will continue to menace many local government departments. Given the critics levelled against the processes involved in IGR, the qualitative and method was used as an investigative method to gain a deeper understanding of IGR cluster systems and its general contribution on infrastructural development. The findings showed a general consensus on the importance of the concept of IGR and its potential in ensuring that stakeholders come up with efficient ways to improve the infrastructure sector. Evidence also showed that the main components of infrastructure such as electricity, housing, water and sanitation and roads are still facing challenges and there are backlogs despite the efforts by all the three spheres of government to ensure that the collaborate in improving the sector. This knowledge allows the adoption of a bottom-up approach to IGR cluster system in the South African local government sector. , Thesis (MPA) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-11
- Authors: Mkosana, Luvo
- Date: 2022-11
- Subjects: Infrastructure (Economics) -- South Africa , Public administration -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26841 , vital:66035
- Description: This research is focused on the premise that intergovernmental relations cluster system can be a precondition for improving the state of infrastructure in Raymond Mhlaba Local Municipality. It follows, logically, that engaging stakeholders in all the three spheres of government and allowing them to fully participate in IGR processes has the potential to play a central role in improving infrastructure sector. Without effective and efficient implementation of IGR in the South African public sector, the transformation of the infrastructure sector will continue to menace many local government departments. Given the critics levelled against the processes involved in IGR, the qualitative and method was used as an investigative method to gain a deeper understanding of IGR cluster systems and its general contribution on infrastructural development. The findings showed a general consensus on the importance of the concept of IGR and its potential in ensuring that stakeholders come up with efficient ways to improve the infrastructure sector. Evidence also showed that the main components of infrastructure such as electricity, housing, water and sanitation and roads are still facing challenges and there are backlogs despite the efforts by all the three spheres of government to ensure that the collaborate in improving the sector. This knowledge allows the adoption of a bottom-up approach to IGR cluster system in the South African local government sector. , Thesis (MPA) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-11
A Critical Assessment of the Legal and Policy Frameworks for Combating Child Trafficking in the Southern African Development Community
- Muvhevhi, Roseline Rumbidzai https://orcid.org/0009-0006-1024-5548
- Authors: Muvhevhi, Roseline Rumbidzai https://orcid.org/0009-0006-1024-5548
- Date: 2022-09
- Subjects: Child trafficking -- Law and legislation -- Africa, Southern , Child welfare -- Africa, Southern
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26728 , vital:65969
- Description: Child trafficking is a longstanding problem which affects victims and communities in various ways and therefore requires stern action both at the global and regional level. In the Southern African Development Community (SADC) region, the crime is closely connected to the existing socio-economic challenges such as poverty; underdevelopment; lack of equal economic opportunities; HIV/AIDS; and human rights violations. As a result, SADC States are fertile sources, transit zones and destinations for child trafficking. It is internationally recognised that it is States such as those in the SADC region that require a comprehensive approach to prevent and prosecute the crime while simultaneously ensuring victim protection. To this effect, the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children is the primary instrument that seeks to provide such a comprehensive approach to child trafficking. Therefore, the current regional and national responses to child trafficking in most SADC States, are influenced by this Protocol. Despite these legislative and policy efforts to combat the crime, statistics show that in recent years child trafficking has been rapidly increasing in SADC. Thus, this research seeks to investigate why child trafficking remains prevalent in the region despite a plethora of measures against the crime. The research, therefore, assesses the effectiveness of the legal and policy measures taken by the SADC States to combat child trafficking using a qualitative approach involving analysis and interpretation of relevant legislation and policies. The primary focus is on the Trafficking Protocol as the main child trafficking instrument at the international level. The role of non-child trafficking instruments in the absence of a community instrument against the crime in SADC is also analysed. This research observes that the increasing child trafficking problem in the region is not mainly because of a lack of adequate legislation or policies but the lack of effective implementation of measures. Without a regional comprehensive and coordinated implementation approach, these measures remain weak and inadequate to fully combat child trafficking in the region. To this end, numerous legislative, policy, institutional and operational reform mechanisms to strengthen the subsisting measures against child trafficking in the region and areas for further research are recommended. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-09
- Authors: Muvhevhi, Roseline Rumbidzai https://orcid.org/0009-0006-1024-5548
- Date: 2022-09
- Subjects: Child trafficking -- Law and legislation -- Africa, Southern , Child welfare -- Africa, Southern
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26728 , vital:65969
- Description: Child trafficking is a longstanding problem which affects victims and communities in various ways and therefore requires stern action both at the global and regional level. In the Southern African Development Community (SADC) region, the crime is closely connected to the existing socio-economic challenges such as poverty; underdevelopment; lack of equal economic opportunities; HIV/AIDS; and human rights violations. As a result, SADC States are fertile sources, transit zones and destinations for child trafficking. It is internationally recognised that it is States such as those in the SADC region that require a comprehensive approach to prevent and prosecute the crime while simultaneously ensuring victim protection. To this effect, the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children is the primary instrument that seeks to provide such a comprehensive approach to child trafficking. Therefore, the current regional and national responses to child trafficking in most SADC States, are influenced by this Protocol. Despite these legislative and policy efforts to combat the crime, statistics show that in recent years child trafficking has been rapidly increasing in SADC. Thus, this research seeks to investigate why child trafficking remains prevalent in the region despite a plethora of measures against the crime. The research, therefore, assesses the effectiveness of the legal and policy measures taken by the SADC States to combat child trafficking using a qualitative approach involving analysis and interpretation of relevant legislation and policies. The primary focus is on the Trafficking Protocol as the main child trafficking instrument at the international level. The role of non-child trafficking instruments in the absence of a community instrument against the crime in SADC is also analysed. This research observes that the increasing child trafficking problem in the region is not mainly because of a lack of adequate legislation or policies but the lack of effective implementation of measures. Without a regional comprehensive and coordinated implementation approach, these measures remain weak and inadequate to fully combat child trafficking in the region. To this end, numerous legislative, policy, institutional and operational reform mechanisms to strengthen the subsisting measures against child trafficking in the region and areas for further research are recommended. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-09
A critical assessment of the relationship between the AfCFTA and World Trade Organisation dispute settlement mechanisms, in light of the Conflict of Jurisdiction
- Nhemachena, Tichakunda Charles
- Authors: Nhemachena, Tichakunda Charles
- Date: 2021-10-29
- Subjects: African Continental Free Trade Area , World Trade Organization , Dispute resolution (Law) , Conflict of judicial decisions , Good faith (Law)
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/192052 , vital:45191
- Description: This thesis interrogates the relationship between the Dispute Settlement Understanding and Africa Continental Free Trade Area dispute settlement mechanism, in light of the conflict of jurisdiction. The conflict of jurisdiction is an adverse effect of the fragmentation of international law. The uncoordinated proliferation of international treaties has increased occurrences of overlapping memberships and overlapping subject matter regulation amongst treaties. Whenever the overlaps mentioned above exist, and a dispute arises concerning matters of overlap, that dispute can be heard in more than one tribunal, giving rise to a conflict of jurisdiction. Jurisdictional conflicts are a problem because they breed uncertainty in the adjudication of disputes; they increase the risk of forum shopping, conflict of rulings, protracted litigation, and waste resources. There is a significant risk for jurisdictional conflicts between the World Trade Organisation and Africa Continental Free Trade Area agreements, because of membership and subject matter overlaps. To mitigate the problems caused by jurisdictional conflicts, the Africa Continental Free Trade Area agreement has incorporated a fork-in-the-road clause. Fork-in-the-road provisions allow parties to choose their preferred forum, and once the forum is chosen, the parties are prohibited from bringing the same dispute to another tribunal. Unfortunately, fork-in-the-road clauses are insufficient in resolving jurisdictional conflicts because they do not bind the Dispute Settlement Understanding. It is only bound to enforce World Trade Organisation obligations and not non-World Trade Organisation obligations. The extent to which non-World Trade Organisation norms apply in the Dispute Settlement Understanding is unsettled, making it difficult to conclude whether a fork-in-the-road provision will be effective an effective solution to potential jurisdictional conflicts. In this thesis, the researcher investigates the prospects of the World Trade Organisation applying the AfCFTA fork-in-the-road clause, directly, as a potential solution to the conflict of jurisdiction. In addition, the researcher will also investigate an alternative means of applying the AfCFTA fork-in-the-road provision, indirectly, using the World Trade Organisation procedural good faith provisions. In conclusion, the researcher provides recommendations on how the World Trade Organisation and the AfCFTA agreement can facilitate the application of fork-in-the-road clauses in the Dispute Settlement Understanding to resolve the conflict of jurisdiction. , Thesis (LLM) -- Faculty of Law, Law, 2021
- Full Text:
- Date Issued: 2021-10-29
- Authors: Nhemachena, Tichakunda Charles
- Date: 2021-10-29
- Subjects: African Continental Free Trade Area , World Trade Organization , Dispute resolution (Law) , Conflict of judicial decisions , Good faith (Law)
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/192052 , vital:45191
- Description: This thesis interrogates the relationship between the Dispute Settlement Understanding and Africa Continental Free Trade Area dispute settlement mechanism, in light of the conflict of jurisdiction. The conflict of jurisdiction is an adverse effect of the fragmentation of international law. The uncoordinated proliferation of international treaties has increased occurrences of overlapping memberships and overlapping subject matter regulation amongst treaties. Whenever the overlaps mentioned above exist, and a dispute arises concerning matters of overlap, that dispute can be heard in more than one tribunal, giving rise to a conflict of jurisdiction. Jurisdictional conflicts are a problem because they breed uncertainty in the adjudication of disputes; they increase the risk of forum shopping, conflict of rulings, protracted litigation, and waste resources. There is a significant risk for jurisdictional conflicts between the World Trade Organisation and Africa Continental Free Trade Area agreements, because of membership and subject matter overlaps. To mitigate the problems caused by jurisdictional conflicts, the Africa Continental Free Trade Area agreement has incorporated a fork-in-the-road clause. Fork-in-the-road provisions allow parties to choose their preferred forum, and once the forum is chosen, the parties are prohibited from bringing the same dispute to another tribunal. Unfortunately, fork-in-the-road clauses are insufficient in resolving jurisdictional conflicts because they do not bind the Dispute Settlement Understanding. It is only bound to enforce World Trade Organisation obligations and not non-World Trade Organisation obligations. The extent to which non-World Trade Organisation norms apply in the Dispute Settlement Understanding is unsettled, making it difficult to conclude whether a fork-in-the-road provision will be effective an effective solution to potential jurisdictional conflicts. In this thesis, the researcher investigates the prospects of the World Trade Organisation applying the AfCFTA fork-in-the-road clause, directly, as a potential solution to the conflict of jurisdiction. In addition, the researcher will also investigate an alternative means of applying the AfCFTA fork-in-the-road provision, indirectly, using the World Trade Organisation procedural good faith provisions. In conclusion, the researcher provides recommendations on how the World Trade Organisation and the AfCFTA agreement can facilitate the application of fork-in-the-road clauses in the Dispute Settlement Understanding to resolve the conflict of jurisdiction. , Thesis (LLM) -- Faculty of Law, Law, 2021
- Full Text:
- Date Issued: 2021-10-29
A critical examination of the regulation of fixed term employment services under South African Labour Laws
- Authors: Faku, Xolisa
- Date: 2018-12
- Subjects: Labor laws and legislation , Labor contract , Industrial relations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23034 , vital:55101
- Description: South Africa is the most unequal society on the planet, overwhelming Brazil, with a critical increment in wage inequalities. In a quest to reduce unemployment, this research is at the focal point of our nation's activity emergency. In any case, there ought to be components to ensure representation against oppressive work rehearses. The Labour Relations Act denoted a noteworthy change in South Africa's statutory modern relations framework. Following the progress to political majority rule government, the LRA embodied the new government's means to remake and democratize the economy and society as connected in the work relations field. Specifically, it presented new organizations went for giving managers and labourers a chance to break with the serious adversarialism that portrayed their relations before. In extending the equitable change, the Labour Relations Act which offered ascend to the foundation of the National Economic Development and Labour Council (NEDLAC) appeared on 18 February 1995, in an offer to add authenticity and straightforwardness to the financial basic leadership process. This research will investigate the law representing fixed term employment in South Africa. It will further give an investigation of the legitimate framework of fixed term representative keeping in mind the end goal to decide if it advances not too bad work in South Africa. This investigation intends to call attention to any substantive and procedural imperfections that might be accessible in the law. The study will likewise be taking the potential lessons which can be gained from different nations with comparative Fixed-term work challenges i.e. Namibia. This implies the examination will survey the current zone of law and propose an alternate approach. This will be finished by investigating important case law and enactments which secure settled term business. In certainty, the investigation intends to give new point of view regarding the matter of fixed term work and proffer a few changes to the law. , Thesis (MA) -- Faculty of Law, 2018
- Full Text:
- Date Issued: 2018-12
- Authors: Faku, Xolisa
- Date: 2018-12
- Subjects: Labor laws and legislation , Labor contract , Industrial relations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23034 , vital:55101
- Description: South Africa is the most unequal society on the planet, overwhelming Brazil, with a critical increment in wage inequalities. In a quest to reduce unemployment, this research is at the focal point of our nation's activity emergency. In any case, there ought to be components to ensure representation against oppressive work rehearses. The Labour Relations Act denoted a noteworthy change in South Africa's statutory modern relations framework. Following the progress to political majority rule government, the LRA embodied the new government's means to remake and democratize the economy and society as connected in the work relations field. Specifically, it presented new organizations went for giving managers and labourers a chance to break with the serious adversarialism that portrayed their relations before. In extending the equitable change, the Labour Relations Act which offered ascend to the foundation of the National Economic Development and Labour Council (NEDLAC) appeared on 18 February 1995, in an offer to add authenticity and straightforwardness to the financial basic leadership process. This research will investigate the law representing fixed term employment in South Africa. It will further give an investigation of the legitimate framework of fixed term representative keeping in mind the end goal to decide if it advances not too bad work in South Africa. This investigation intends to call attention to any substantive and procedural imperfections that might be accessible in the law. The study will likewise be taking the potential lessons which can be gained from different nations with comparative Fixed-term work challenges i.e. Namibia. This implies the examination will survey the current zone of law and propose an alternate approach. This will be finished by investigating important case law and enactments which secure settled term business. In certainty, the investigation intends to give new point of view regarding the matter of fixed term work and proffer a few changes to the law. , Thesis (MA) -- Faculty of Law, 2018
- Full Text:
- Date Issued: 2018-12
A critical exploration of the attitudes towards and knowledge of natural resource management amongst first-year Natural Resource Management students
- Authors: Jooste, Eileen
- Date: 2021-12
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's , text
- Identifier: http://hdl.handle.net/10948/53666 , vital:45688
- Description: Available literature suggests that there is a need to gain more understanding of what students’ environmental attitudes and knowledge are and how they are developed by education systems. Education, in general, plays an important role in students’ attitudes and their knowledge of the world around them. It can shape students’ awareness of their natural environment and contribute to their understanding of environmental issues. Education can also strengthen students’ critical thinking, build awareness, stimulate problem solving, and promote sustainable practices. It has the potential to empower students to address global challenges from their own diverse perspectives and prepare them to uphold the economy. Education can improve and maintain societal wellbeing and can help students to maintain the natural environment, along with achieving sustainable development. Environmental education, specifically, can play a big role in how students deal with the natural environment. The primary aim of this qualitative research study was to examine first-year students’ environmental attitudes and knowledge in the School of Natural Resource Management at the Nelson Mandela University George Campus, South Africa. First-year students’ environmental attitudes and knowledge were examined as they entered the university, and then again at the end of the first semester once they had completed a module in ecology. More specifically, at the outset of the research the objectives were (1) to establish an understanding of the baseline environmental attitudes and knowledge of first-year students who were undertaking three ecological modules being offered by the School of Natural Resource Management; (2) to assess the changes in the first-year students’ environmental attitudes and knowledge, using a post-intervention strategy; (3) to understand what type of teaching approaches were used by the lecturers teaching the ecological modules; and (4) to evaluate how the teaching approaches of the lecturers influenced the baseline environmental attitudes and knowledge of the student group. This research took place in the midst of the Corona Virus pandemic, which had significantly influenced the teaching and learning environment. Multiple education systems, including those of the Nelson Mandela University George Campus, had to rapidly transition to online teaching and learning. So, although unplanned for, this research could not ignore the rapid transition to online teaching and learning and the role it played in shaping the first-year School of Natural Resource Management students’ environmental attitudes and knowledge. It also impacted the teaching approaches of the environmental lecturers. An additional objective in response to the rapid transition to online teaching and learning was, therefore, added: (5) to understand the experiences of the first-year School of Natural Resource Management students and the three environmental lecturers who had to rapidly transition to online teaching and learning. Data was collected via questionnaires and semi-structured interviews with students and staff in the School of Natural Resource Management at Nelson Mandela University George Campus within three different natural resource management programs, namely Agriculture, Nature Conservation, and Forestry. Baseline questionnaires were conducted with 107 students for a baseline assessment as the students entered the university. An online post-intervention questionnaire was conducted with 33 of the initial group of students at the end of the semester for a post-intervention assessment. In-depth semi-structured interviews were conducted with three environmental lectures before they taught their three ecology modules in each of the programs. Additional online semi-structured interviews were also done with the same three environmental lectures after the rapid transition to online teaching and learning took place. The significant findings from this research were analyzed and discussed. This included the baseline environmental attitudes and knowledge of the student body upon arrival at the university and the changes in their environmental attitudes and knowledge after they were exposed to the ecology modules taught in each of the programs. The discussion also included the teaching approaches adopted by the environmental lecturers and the influence their teaching approaches had on the students’ environmental attitudes and knowledge. In addition, the results shed light on the experiences of students and lecturers during the rapid transition to online teaching and learning. The main conclusions reached were that the first-year School of Natural Resource Management students did not have a deep understanding of ecological concepts prior to arriving at university, but they did show a concern for the natural environment. Their lack of understanding was reduced as the students progressed with the ecology module. A greater understanding resulted in a change in students’ perspectives on the ecological module, their program, and the industry they were preparing to enter after being exposed to the ecology module. The environmental lecturers’ teaching approaches contributed to improving the students’ environmental attitudes and knowledge. When it came to the rapid transition to online teaching and learning, both the first-year School of Natural Resource Management students and environmental lecturers experienced benefits and challenges. , Thesis (MSc) -- Faculty of Science, School of Natural Resource Management, 2021
- Full Text:
- Date Issued: 2021-12
- Authors: Jooste, Eileen
- Date: 2021-12
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's , text
- Identifier: http://hdl.handle.net/10948/53666 , vital:45688
- Description: Available literature suggests that there is a need to gain more understanding of what students’ environmental attitudes and knowledge are and how they are developed by education systems. Education, in general, plays an important role in students’ attitudes and their knowledge of the world around them. It can shape students’ awareness of their natural environment and contribute to their understanding of environmental issues. Education can also strengthen students’ critical thinking, build awareness, stimulate problem solving, and promote sustainable practices. It has the potential to empower students to address global challenges from their own diverse perspectives and prepare them to uphold the economy. Education can improve and maintain societal wellbeing and can help students to maintain the natural environment, along with achieving sustainable development. Environmental education, specifically, can play a big role in how students deal with the natural environment. The primary aim of this qualitative research study was to examine first-year students’ environmental attitudes and knowledge in the School of Natural Resource Management at the Nelson Mandela University George Campus, South Africa. First-year students’ environmental attitudes and knowledge were examined as they entered the university, and then again at the end of the first semester once they had completed a module in ecology. More specifically, at the outset of the research the objectives were (1) to establish an understanding of the baseline environmental attitudes and knowledge of first-year students who were undertaking three ecological modules being offered by the School of Natural Resource Management; (2) to assess the changes in the first-year students’ environmental attitudes and knowledge, using a post-intervention strategy; (3) to understand what type of teaching approaches were used by the lecturers teaching the ecological modules; and (4) to evaluate how the teaching approaches of the lecturers influenced the baseline environmental attitudes and knowledge of the student group. This research took place in the midst of the Corona Virus pandemic, which had significantly influenced the teaching and learning environment. Multiple education systems, including those of the Nelson Mandela University George Campus, had to rapidly transition to online teaching and learning. So, although unplanned for, this research could not ignore the rapid transition to online teaching and learning and the role it played in shaping the first-year School of Natural Resource Management students’ environmental attitudes and knowledge. It also impacted the teaching approaches of the environmental lecturers. An additional objective in response to the rapid transition to online teaching and learning was, therefore, added: (5) to understand the experiences of the first-year School of Natural Resource Management students and the three environmental lecturers who had to rapidly transition to online teaching and learning. Data was collected via questionnaires and semi-structured interviews with students and staff in the School of Natural Resource Management at Nelson Mandela University George Campus within three different natural resource management programs, namely Agriculture, Nature Conservation, and Forestry. Baseline questionnaires were conducted with 107 students for a baseline assessment as the students entered the university. An online post-intervention questionnaire was conducted with 33 of the initial group of students at the end of the semester for a post-intervention assessment. In-depth semi-structured interviews were conducted with three environmental lectures before they taught their three ecology modules in each of the programs. Additional online semi-structured interviews were also done with the same three environmental lectures after the rapid transition to online teaching and learning took place. The significant findings from this research were analyzed and discussed. This included the baseline environmental attitudes and knowledge of the student body upon arrival at the university and the changes in their environmental attitudes and knowledge after they were exposed to the ecology modules taught in each of the programs. The discussion also included the teaching approaches adopted by the environmental lecturers and the influence their teaching approaches had on the students’ environmental attitudes and knowledge. In addition, the results shed light on the experiences of students and lecturers during the rapid transition to online teaching and learning. The main conclusions reached were that the first-year School of Natural Resource Management students did not have a deep understanding of ecological concepts prior to arriving at university, but they did show a concern for the natural environment. Their lack of understanding was reduced as the students progressed with the ecology module. A greater understanding resulted in a change in students’ perspectives on the ecological module, their program, and the industry they were preparing to enter after being exposed to the ecology module. The environmental lecturers’ teaching approaches contributed to improving the students’ environmental attitudes and knowledge. When it came to the rapid transition to online teaching and learning, both the first-year School of Natural Resource Management students and environmental lecturers experienced benefits and challenges. , Thesis (MSc) -- Faculty of Science, School of Natural Resource Management, 2021
- Full Text:
- Date Issued: 2021-12
A Critical Review of Environmental Governance, Land Restitution, and Tourism in Protected Areas
- Authors: Ramukumba, Takalani
- Date: 2021
- Subjects: Tourism Land use Environmental protection Wildlife conservation Article
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/11260/7029 , vital:52756 , xlink:href=":https://doi.org/10.46222/ajhtl.19770720.200"
- Description: Natural areas, when protected, conserve the natural environment and function as social spaces in which tourism brings increased income, employment, and financial support for conservation. The inclusion of local community members in the planning and management of protected areas has been on the rise since the early 1900s. Tourism has been advocated as a strategy that can help in achieving economic development, especially in rural areas. However, governance issues and potential negative impacts of tourism development have been under inspection. Conservation efforts in Southern Africa especially in the late 1800s and early 1900s had negative impacts on the local communities since this led to many communities being displaced or having limited access to these protected areas. This has seen the need for ways and efforts to get local community members' despondency and attitudes towards protected areas change such that in the 20th century, there were efforts to use conservation models that included community members in the decision-making and benefit-sharing process to garner their support for protected areas. This paper reviews literature on environmental governance, land restitution in protected areas, tourism in protected areas, co-management, and the importance of community participation. These concepts are reviewed using Manyeleti Game Reserve as a case study. Keywords: Tourism, land restitution, environmental governance, wildlife resources, and stakeholder participation
- Full Text:
- Date Issued: 2021
- Authors: Ramukumba, Takalani
- Date: 2021
- Subjects: Tourism Land use Environmental protection Wildlife conservation Article
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/11260/7029 , vital:52756 , xlink:href=":https://doi.org/10.46222/ajhtl.19770720.200"
- Description: Natural areas, when protected, conserve the natural environment and function as social spaces in which tourism brings increased income, employment, and financial support for conservation. The inclusion of local community members in the planning and management of protected areas has been on the rise since the early 1900s. Tourism has been advocated as a strategy that can help in achieving economic development, especially in rural areas. However, governance issues and potential negative impacts of tourism development have been under inspection. Conservation efforts in Southern Africa especially in the late 1800s and early 1900s had negative impacts on the local communities since this led to many communities being displaced or having limited access to these protected areas. This has seen the need for ways and efforts to get local community members' despondency and attitudes towards protected areas change such that in the 20th century, there were efforts to use conservation models that included community members in the decision-making and benefit-sharing process to garner their support for protected areas. This paper reviews literature on environmental governance, land restitution in protected areas, tourism in protected areas, co-management, and the importance of community participation. These concepts are reviewed using Manyeleti Game Reserve as a case study. Keywords: Tourism, land restitution, environmental governance, wildlife resources, and stakeholder participation
- Full Text:
- Date Issued: 2021
A Cross-cultural analysis of the normative indicators of the Beck Depression Inventory II(BDI-II) and the Beck Anxiety Inventory (BAI) amongst young adults in the Eastern Cape,South Africa
- Fourie, Claire https://orcid.org/0000-0002-0255-204X
- Authors: Fourie, Claire https://orcid.org/0000-0002-0255-204X
- Date: 2018
- Subjects: Stress (Psychology) , Depression, Mental
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/25117 , vital:63979
- Description: Mental illness rates are climbing, locally and globally. The World Health Organization (2001) has claimed that one in four people will be affected by a psychiatric disorder during their lifetime. With this in mind, there is an array of psychometric assessment measures that are used as tools to assist in the mental health care field. Two such measures are the Beck Anxiety Inventory (BAI) and the Beck Depression Inventory-II (BDI-II). These measures are used globally to assist with the diagnosis and treatment of depression and anxiety. However, in South Africa, a paucity of normative indicators exists. This research set out to determine if there are significant differences in performance on the BAI and BDI-II when comparing a sample from the Eastern Cape, South Africa, to the international norms. It was found that performances on the BAI between the local sample and the international sample did not differ significantly. The local sample, on average, performed 4.76 points lower on the BDI-II than those assessed in the international norms. A series of theoretical models are explored in elucidating the findings in this study. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2018
- Full Text:
- Date Issued: 2018
- Authors: Fourie, Claire https://orcid.org/0000-0002-0255-204X
- Date: 2018
- Subjects: Stress (Psychology) , Depression, Mental
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/25117 , vital:63979
- Description: Mental illness rates are climbing, locally and globally. The World Health Organization (2001) has claimed that one in four people will be affected by a psychiatric disorder during their lifetime. With this in mind, there is an array of psychometric assessment measures that are used as tools to assist in the mental health care field. Two such measures are the Beck Anxiety Inventory (BAI) and the Beck Depression Inventory-II (BDI-II). These measures are used globally to assist with the diagnosis and treatment of depression and anxiety. However, in South Africa, a paucity of normative indicators exists. This research set out to determine if there are significant differences in performance on the BAI and BDI-II when comparing a sample from the Eastern Cape, South Africa, to the international norms. It was found that performances on the BAI between the local sample and the international sample did not differ significantly. The local sample, on average, performed 4.76 points lower on the BDI-II than those assessed in the international norms. A series of theoretical models are explored in elucidating the findings in this study. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2018
- Full Text:
- Date Issued: 2018