'She travels alone and unattended’: the visit to the Eastern Cape of the botanical artist, Marianne North
- Authors: Beard, Margot
- Date: 2017
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/147759 , vital:38668 , https://doi.org/10.1080/00043389.2007.11877077
- Description: The visit of the botanical artist, Marianne North, to South Africa during 1882 to 1883, although frequently referred to, has not received much close attention; nor has her account of the visit, in her ‘Recollections of a happy’ life, been set against the actual conditions she would have encountered. This paper attempts to flesh out at least part of that visit, specifically the weeks she spent in the Eastern Cape Colony and, more particularly, her visits to Port Elizabeth, Grahamstown and Port Alfred. What were these three centres like at the time? Who were the people she mentions? Where did she stay? How do her observations tally with other accounts of the period?.
- Full Text:
- Date Issued: 2017
- Authors: Beard, Margot
- Date: 2017
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/147759 , vital:38668 , https://doi.org/10.1080/00043389.2007.11877077
- Description: The visit of the botanical artist, Marianne North, to South Africa during 1882 to 1883, although frequently referred to, has not received much close attention; nor has her account of the visit, in her ‘Recollections of a happy’ life, been set against the actual conditions she would have encountered. This paper attempts to flesh out at least part of that visit, specifically the weeks she spent in the Eastern Cape Colony and, more particularly, her visits to Port Elizabeth, Grahamstown and Port Alfred. What were these three centres like at the time? Who were the people she mentions? Where did she stay? How do her observations tally with other accounts of the period?.
- Full Text:
- Date Issued: 2017
1H NMR-based kinetic and theoretical studies of the simultaneous formation of two discrete rotameric systems of a novel difenchyl sulfite ester
- Singh, Alicia, Kaye, Perry T, Lobb, Kevin A
- Authors: Singh, Alicia , Kaye, Perry T , Lobb, Kevin A
- Date: 2017
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/447925 , vital:74684 , xlink:href="https://doi.org/10.1016/j.tet.2017.10.059"
- Description: Attempted repetition of a reported synthesis of fenchene from fenchol has afforded, in high overall yield, a mixture shown by spectroscopic and elemental analysis to comprise a pair of discrete rotameric systems of a novel 2-endo-2′-endo-difenchyl sulfite ester. The kinetics of the formation of these dimeric rotameric systems (I and II) has been explored experimentally, using 1H NMR spectroscopic analysis, and theoretically at molecular and quantum mechanical levels. Construction of a theoretical model has permitted calculation of rate constants for each of the steps, while modelling of the transition state complexes corresponding to the rate-determining steps for the formation of the rotameric systems I and II has revealed their independent access to further sets of interconverting rotamers.
- Full Text:
- Date Issued: 2017
- Authors: Singh, Alicia , Kaye, Perry T , Lobb, Kevin A
- Date: 2017
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/447925 , vital:74684 , xlink:href="https://doi.org/10.1016/j.tet.2017.10.059"
- Description: Attempted repetition of a reported synthesis of fenchene from fenchol has afforded, in high overall yield, a mixture shown by spectroscopic and elemental analysis to comprise a pair of discrete rotameric systems of a novel 2-endo-2′-endo-difenchyl sulfite ester. The kinetics of the formation of these dimeric rotameric systems (I and II) has been explored experimentally, using 1H NMR spectroscopic analysis, and theoretically at molecular and quantum mechanical levels. Construction of a theoretical model has permitted calculation of rate constants for each of the steps, while modelling of the transition state complexes corresponding to the rate-determining steps for the formation of the rotameric systems I and II has revealed their independent access to further sets of interconverting rotamers.
- Full Text:
- Date Issued: 2017
4-Bis (4-aminophenoxy) phenoxy derivitized phthalocyanine conjugated to metallic nanoparticles
- Nwaji, Njemuwa, Mack, John, Nyokong, Tebello
- Authors: Nwaji, Njemuwa , Mack, John , Nyokong, Tebello
- Date: 2017
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/188965 , vital:44802 , xlink:href="https://doi.org/10.1039/C7NJ02718D"
- Description: In this study, the photophysical, nonlinear absorption and nonlinear optical limiting properties of 4-(2,4-bis(4-aminophenoxy)phenoxy) phthalocyinato zinc(II) phthalocyanine (6) conjugated to metallic nanoparticles have been investigated using open aperture Z-scan techniques using 532 nm nanosecond pulses. The nonlinear optical response demonstrated that the studied complex and the nanoconjugates exhibit higher excited state absorption cross-section compared to ground state absorption. Enhanced optical limiting performance was observed when complex 6 was conjugated to nanoparticles with 6CB-AuNPs (CB = covalent bond) showing the highest optical limiting threshold of 0.36 J cm−2.
- Full Text:
- Date Issued: 2017
- Authors: Nwaji, Njemuwa , Mack, John , Nyokong, Tebello
- Date: 2017
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/188965 , vital:44802 , xlink:href="https://doi.org/10.1039/C7NJ02718D"
- Description: In this study, the photophysical, nonlinear absorption and nonlinear optical limiting properties of 4-(2,4-bis(4-aminophenoxy)phenoxy) phthalocyinato zinc(II) phthalocyanine (6) conjugated to metallic nanoparticles have been investigated using open aperture Z-scan techniques using 532 nm nanosecond pulses. The nonlinear optical response demonstrated that the studied complex and the nanoconjugates exhibit higher excited state absorption cross-section compared to ground state absorption. Enhanced optical limiting performance was observed when complex 6 was conjugated to nanoparticles with 6CB-AuNPs (CB = covalent bond) showing the highest optical limiting threshold of 0.36 J cm−2.
- Full Text:
- Date Issued: 2017
A baseline study of teacher and learner perspectives of language demands in science classrooms in the Nelson Mandela Bay Metropole
- Authors: Woods, Tracey
- Date: 2017
- Subjects: Language arts -- Correlation with content subjects -- South Africa -- Nelson Mandela Bay Municipality , Interpersonal communication -- South Africa -- Nelson Mandela Bay Municipality Communication in education -- South Africa -- Nelson Mandela Bay Municipality Communicative competence -- South Africa -- Nelson Mandela Bay Municipality
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: http://hdl.handle.net/10948/21153 , vital:29451
- Description: Globally, one of the challenges in science education is providing equitable access to increasingly diverse learners in equally diverse learning contexts. In South Africa, science is taught to learners by means of English, which is the preferred language of instruction even if it is only spoken by 9.6% of the South African population. In the Eastern Cape, the majority of the population speak isiXhosa and the minority speak English. Parents of isiXhosa-speaking children often choose schools where English is the language of learning and teaching (LoLT) as they feel their children will have better career opportunities as English is considered to be the language of economic power. The aim of this study was to determine teachers’ and learners’ perspectives of language in science classrooms. To this end, a baseline study was conducted. A quantitative research method was used and data were collected through questionnaires. The research found that English is the preferred language for teaching and learning, even though the majority of the participants were isiXhosa home-language speakers. In addition, learners in South African whose home language is not English do not have the necessary language skills to cope with the switch to English as LoLT. Science teachers are therefore faced with two distinct challenges: firstly teaching content and secondly teaching the LoLT, if it is not the learners’ home language. The major difficulty experienced by learners when learning science is learning the language of science, as science is regarded as having a language of its own, with its own specific register and discourse. Thus, for many learners, learning the language of science is a challenge as it contains unfamiliar technical words and everyday words that have specialised scientific meanings (e.g. diagrams, procedures, table, current and force). English is seen as the language in which to explore these concepts. A conclusion that can be drawn is that English is regarded as the language in which to learn science thus reflecting the continued hegemony of English.
- Full Text:
- Date Issued: 2017
- Authors: Woods, Tracey
- Date: 2017
- Subjects: Language arts -- Correlation with content subjects -- South Africa -- Nelson Mandela Bay Municipality , Interpersonal communication -- South Africa -- Nelson Mandela Bay Municipality Communication in education -- South Africa -- Nelson Mandela Bay Municipality Communicative competence -- South Africa -- Nelson Mandela Bay Municipality
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: http://hdl.handle.net/10948/21153 , vital:29451
- Description: Globally, one of the challenges in science education is providing equitable access to increasingly diverse learners in equally diverse learning contexts. In South Africa, science is taught to learners by means of English, which is the preferred language of instruction even if it is only spoken by 9.6% of the South African population. In the Eastern Cape, the majority of the population speak isiXhosa and the minority speak English. Parents of isiXhosa-speaking children often choose schools where English is the language of learning and teaching (LoLT) as they feel their children will have better career opportunities as English is considered to be the language of economic power. The aim of this study was to determine teachers’ and learners’ perspectives of language in science classrooms. To this end, a baseline study was conducted. A quantitative research method was used and data were collected through questionnaires. The research found that English is the preferred language for teaching and learning, even though the majority of the participants were isiXhosa home-language speakers. In addition, learners in South African whose home language is not English do not have the necessary language skills to cope with the switch to English as LoLT. Science teachers are therefore faced with two distinct challenges: firstly teaching content and secondly teaching the LoLT, if it is not the learners’ home language. The major difficulty experienced by learners when learning science is learning the language of science, as science is regarded as having a language of its own, with its own specific register and discourse. Thus, for many learners, learning the language of science is a challenge as it contains unfamiliar technical words and everyday words that have specialised scientific meanings (e.g. diagrams, procedures, table, current and force). English is seen as the language in which to explore these concepts. A conclusion that can be drawn is that English is regarded as the language in which to learn science thus reflecting the continued hegemony of English.
- Full Text:
- Date Issued: 2017
A best practice e-learning environment for software training
- Authors: Esterhuyse, Maxine Pier
- Date: 2017
- Subjects: Internet in education Computer-assisted instruction Web-based instruction -- Education
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/12165 , vital:27039
- Description: The incorporation of best practice in e-learning environments can increase the probability of success for companies and learners alike. By identifying and understanding the barriers that potential learners may face when interacting with e-learning products, the potential for e-learning failure may be alleviated. There are a variety of benefits that may be realised by companies incorporating e-learning opportunities into their management strategies. However, certain pedagogical principles, metrics and components need to be investigated and implemented in order for a corporate e-learning environment to be successful. The aim of this research is to prototype and evaluate a practical e-learning environment for software training (eLESTP) with e-learning components consisting of interactive learning objects that can guide the development and management of online training in the corporate context. The eLESTP is based on a theoretical contribution that is conceptualised in the form of an e-learning environment for software training (eLESTT). Hence, this study followed a research methodology that is appropriate for educational technologies, namely the Design-Based Research (DBR) methodology, which was applied in iterative cycles. Quantitative and qualitative data was collected by means of a case study, interviews, a focus group and survey. The proposed eLESTP underwent several iterations of feedback and improvement and the result is a real-world solution to the problem at hand. With the purpose of determining the success of corporate e-learning, the barriers and critical success factors for e-learning as well as evaluation criteria were explored. Interviews, a focus group and a survey were conducted in order to validate the investigated literature in a real-world context. Informal interviews enabled a better understanding of the organisational context of this study. The focus group was conducted with customers who were undergoing face-to-face training using conveyancing software developed by Korbitec. Many of the issues faced by learners identified in literature regarding e-learning in developing countries were identified by the participants from the case study. An e-learning survey was used to gather information regarding the intention of Korbitec’s customers to use e-learning as well as their satisfaction with using e-learning. From the survey, it was found that respondents were positive regarding intention to use and satisfaction toward e-learning usage. DBR Cycle 1: Problem Investigation and Proposal entailed the initial problem investigation by conducting a literature review, focus group and survey. DBR Cycle 2: Design Alternative 1 of this study involved a design alternative for eLESTP, namely Prototype 1. DBR Cycle 3: Design and Evaluate Alternative 2 involved the design and prototyping of Prototype 2 for eLESTP as well as the improvement of Prototype 2 through sub-cycles of testing and refinement. The suggestions for improvement were obtained from the relevant stakeholders at Korbitec who are content developers and subject-matter experts. The criteria used to evaluate the success of eLESTP, including its e-learning components, were synthesised and adapted from literature and a new set of evaluation criteria for e-learning environments in software training contexts was proposed. The evaluated eLESTP consists of the technology basis of the Modular Object Oriented Dynamic Learning Environment (Moodle), design guidelines for e-learning components, certification and competency-based training, pedagogical principles and best practice. Overall, eLESTP was positively received by various evaluator groups in formative and summative evaluations. The research results indicate that the use of an e-learning environment for software training purposes was useful and necessary. In support of this Masters dissertation, the following three conference papers have been published and presented at one local conference and two international conferences. In addition, an article has been published in an accredited journal: 1. IDIA 2015, Conference Paper – Zanzibar (Tanzania); 2. Conf-IRM 2016, Conference Paper – Cape Town (South Africa); 3. MCIS 2016, Conference Paper – Cyprus (Europe); and 4. IJIKM 2016, Journal Article.
- Full Text:
- Date Issued: 2017
- Authors: Esterhuyse, Maxine Pier
- Date: 2017
- Subjects: Internet in education Computer-assisted instruction Web-based instruction -- Education
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/12165 , vital:27039
- Description: The incorporation of best practice in e-learning environments can increase the probability of success for companies and learners alike. By identifying and understanding the barriers that potential learners may face when interacting with e-learning products, the potential for e-learning failure may be alleviated. There are a variety of benefits that may be realised by companies incorporating e-learning opportunities into their management strategies. However, certain pedagogical principles, metrics and components need to be investigated and implemented in order for a corporate e-learning environment to be successful. The aim of this research is to prototype and evaluate a practical e-learning environment for software training (eLESTP) with e-learning components consisting of interactive learning objects that can guide the development and management of online training in the corporate context. The eLESTP is based on a theoretical contribution that is conceptualised in the form of an e-learning environment for software training (eLESTT). Hence, this study followed a research methodology that is appropriate for educational technologies, namely the Design-Based Research (DBR) methodology, which was applied in iterative cycles. Quantitative and qualitative data was collected by means of a case study, interviews, a focus group and survey. The proposed eLESTP underwent several iterations of feedback and improvement and the result is a real-world solution to the problem at hand. With the purpose of determining the success of corporate e-learning, the barriers and critical success factors for e-learning as well as evaluation criteria were explored. Interviews, a focus group and a survey were conducted in order to validate the investigated literature in a real-world context. Informal interviews enabled a better understanding of the organisational context of this study. The focus group was conducted with customers who were undergoing face-to-face training using conveyancing software developed by Korbitec. Many of the issues faced by learners identified in literature regarding e-learning in developing countries were identified by the participants from the case study. An e-learning survey was used to gather information regarding the intention of Korbitec’s customers to use e-learning as well as their satisfaction with using e-learning. From the survey, it was found that respondents were positive regarding intention to use and satisfaction toward e-learning usage. DBR Cycle 1: Problem Investigation and Proposal entailed the initial problem investigation by conducting a literature review, focus group and survey. DBR Cycle 2: Design Alternative 1 of this study involved a design alternative for eLESTP, namely Prototype 1. DBR Cycle 3: Design and Evaluate Alternative 2 involved the design and prototyping of Prototype 2 for eLESTP as well as the improvement of Prototype 2 through sub-cycles of testing and refinement. The suggestions for improvement were obtained from the relevant stakeholders at Korbitec who are content developers and subject-matter experts. The criteria used to evaluate the success of eLESTP, including its e-learning components, were synthesised and adapted from literature and a new set of evaluation criteria for e-learning environments in software training contexts was proposed. The evaluated eLESTP consists of the technology basis of the Modular Object Oriented Dynamic Learning Environment (Moodle), design guidelines for e-learning components, certification and competency-based training, pedagogical principles and best practice. Overall, eLESTP was positively received by various evaluator groups in formative and summative evaluations. The research results indicate that the use of an e-learning environment for software training purposes was useful and necessary. In support of this Masters dissertation, the following three conference papers have been published and presented at one local conference and two international conferences. In addition, an article has been published in an accredited journal: 1. IDIA 2015, Conference Paper – Zanzibar (Tanzania); 2. Conf-IRM 2016, Conference Paper – Cape Town (South Africa); 3. MCIS 2016, Conference Paper – Cyprus (Europe); and 4. IJIKM 2016, Journal Article.
- Full Text:
- Date Issued: 2017
A best-practice guideline for facilitating adherence to anti-retroviral therapy for persons attending public hospitals in Ghana
- Authors: Agyeman-Yeboah, Joana
- Date: 2017
- Subjects: HIV infections -- Treatment -- Ghana , Health services administration -- Ghana Public health -- Ghana Hospital care -- Ghana
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/13603 , vital:27256
- Description: The retention of persons on an HIV programme has been a global challenge. The success of any strategy to optimize adherence to anti-retroviral therapy (ART) depends on the intensive and effective adherence counselling and strategies. It is important to research whether persons receiving anti-retroviral therapy in public hospitals in Ghana are receiving the needed service that would optimize their adherence to the anti-retroviral therapy. Therefore, this study explored and described the experiences of healthcare professionals providing care, support and guidance to persons on ART at public hospitals in Ghana, as well as the best-practice guideline that could contribute to facilitating the ART adherence of patients. This study also explored and described the experiences of persons living with Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) on ART, regarding their adherence to the therapy. The study was organized into three phases. In Phase One: a qualitative, exploratory, descriptive and contextual design was employed. The research population included healthcare professionals, providing services at the HIV clinic at the public hospitals in Ghana, namely the Korle-Bu Teaching Hospital; the 37 Military Hospital and the Ridge Hospital. The healthcare professionals comprised of doctors, nurses, pharmacists and trained counsellors employed in any of the three public hospitals. Persons receiving ART at any of the three public hospitals were also part of the research population. Semi-structured interviews were conducted with healthcare professionals and persons receiving ART. Data were collected from healthcare professionals in relation to their experiences regarding the provision of ART services, their understanding of evidence-based practice and best-practice guidelines, as well as data on the experiences of persons receiving ART in relation to their adherence to the therapy. The data were analysed using Creswell’s six steps of data analysis; and the coding of the data was done according to Tesch’s eight steps of coding. Trustworthiness was ensured by using Lincoln and Guba’s framework which comprised credibility, transferability, dependability, confirmability and authenticity. Ethical principles such as beneficence and non-maleficence, respect for human dignity, justice, veracity, privacy and confidentiality were considered in the study. In phase two, the literature was searched by using an integrative literature review approach and critically appraising the methodological quality of the guidelines in order to identify the best available evidence related to adherence to ART. In Phase Three, a best-practice guideline for facilitating adherence to ART was developed for public hospitals in Ghana based on the findings of the empirical research of Phase One and the integrative literature review in Phase Two. The guideline was submitted to an expert panel for review; and it was modified, according to the recommendations of the panel.
- Full Text:
- Date Issued: 2017
- Authors: Agyeman-Yeboah, Joana
- Date: 2017
- Subjects: HIV infections -- Treatment -- Ghana , Health services administration -- Ghana Public health -- Ghana Hospital care -- Ghana
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/13603 , vital:27256
- Description: The retention of persons on an HIV programme has been a global challenge. The success of any strategy to optimize adherence to anti-retroviral therapy (ART) depends on the intensive and effective adherence counselling and strategies. It is important to research whether persons receiving anti-retroviral therapy in public hospitals in Ghana are receiving the needed service that would optimize their adherence to the anti-retroviral therapy. Therefore, this study explored and described the experiences of healthcare professionals providing care, support and guidance to persons on ART at public hospitals in Ghana, as well as the best-practice guideline that could contribute to facilitating the ART adherence of patients. This study also explored and described the experiences of persons living with Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) on ART, regarding their adherence to the therapy. The study was organized into three phases. In Phase One: a qualitative, exploratory, descriptive and contextual design was employed. The research population included healthcare professionals, providing services at the HIV clinic at the public hospitals in Ghana, namely the Korle-Bu Teaching Hospital; the 37 Military Hospital and the Ridge Hospital. The healthcare professionals comprised of doctors, nurses, pharmacists and trained counsellors employed in any of the three public hospitals. Persons receiving ART at any of the three public hospitals were also part of the research population. Semi-structured interviews were conducted with healthcare professionals and persons receiving ART. Data were collected from healthcare professionals in relation to their experiences regarding the provision of ART services, their understanding of evidence-based practice and best-practice guidelines, as well as data on the experiences of persons receiving ART in relation to their adherence to the therapy. The data were analysed using Creswell’s six steps of data analysis; and the coding of the data was done according to Tesch’s eight steps of coding. Trustworthiness was ensured by using Lincoln and Guba’s framework which comprised credibility, transferability, dependability, confirmability and authenticity. Ethical principles such as beneficence and non-maleficence, respect for human dignity, justice, veracity, privacy and confidentiality were considered in the study. In phase two, the literature was searched by using an integrative literature review approach and critically appraising the methodological quality of the guidelines in order to identify the best available evidence related to adherence to ART. In Phase Three, a best-practice guideline for facilitating adherence to ART was developed for public hospitals in Ghana based on the findings of the empirical research of Phase One and the integrative literature review in Phase Two. The guideline was submitted to an expert panel for review; and it was modified, according to the recommendations of the panel.
- Full Text:
- Date Issued: 2017
A bring your own device information security behavioural model
- Authors: Musarurwa, Alfred
- Date: 2017
- Subjects: Data protection Computer security -- Management Privacy, Right of
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10353/8587 , vital:33166
- Description: The Bring Your Own Device (BYOD) phenomenon has become prevalent in the modern-day workplace, including the banking industry. Employees who own devices have become the unintended administrators of the organisation’s information as their mobile devices often carry information belonging to the organisation. The unintended administrator is not necessarily schooled or aware of the information security risks and challenges that are associated with the BYOD. This inadvertently shifts the management of organisational information security from the information technology (IT) administrator to the unintended administrator. This shift leaves the organisation at risk of information security breaches that can permeate the organisation, which result from the behaviour that the unintended administrator displays when operating the mobile device. This study introduces the BYOD Information Security Behavioural (BISB) model. The model constructs are a combination of individual and organisational traits of the unintended administrator. The purpose of this study is to mitigate the risks posed by the unintended administrator in organisations through the implementation this model. The risk that the unintended administrator poses in relation to the BYOD phenomenon results in chief information officers (CIOs) being unable to totally control these mobile devices. Traditional endpoint information security management tools and methods can no longer secure devices in the BYOD the way they can in the traditional network where they are confined to the organisation’s IT administrator. This results in the organisation’s information security becoming the responsibility of the unintended administrator. This study was conducted in the banking sector in Zimbabwe. It is noteworthy that the BYOD phenomenon has become prevalent in the banking sector among other organisational sectors like education, health or even government departments. Information security is also an important component of the banks as such and a choice was made to conduct the study in the banking industry. The design science research paradigm was followed in this study and included a survey of 270 bank employees in Zimbabwe, which received 170 complete responses. A literature review on both employee behaviour and organisational culture was conducted, followed by a case study of a commercial bank in Zimbabwe. The literature review culminated in traits that were then classified as individual traits and organisational traits. Six constructs –, knowledge, attitude, habit, environment, governance and training – were identified from the literature and combined to form the BYOD information security behavioural (BISB) model. Statistical calculations were conducted on the survey results which informed the reliability, validity and rigour of the model constructs. An expert review including industry experts was conducted to evaluate the BISB model. This study concludes by recommending that organisations in Zimbabwe should make use of the BISB model to mitigate the information security risks that are posed by the unintended administrator. While there are technical solutions for managing the information security risks that come with the BYOD, this study points out that without harnessing the individual and organisational traits that make up the BYOD information security behavioural model for the unintended administrator, technical solutions alone will not be effective.
- Full Text:
- Date Issued: 2017
- Authors: Musarurwa, Alfred
- Date: 2017
- Subjects: Data protection Computer security -- Management Privacy, Right of
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10353/8587 , vital:33166
- Description: The Bring Your Own Device (BYOD) phenomenon has become prevalent in the modern-day workplace, including the banking industry. Employees who own devices have become the unintended administrators of the organisation’s information as their mobile devices often carry information belonging to the organisation. The unintended administrator is not necessarily schooled or aware of the information security risks and challenges that are associated with the BYOD. This inadvertently shifts the management of organisational information security from the information technology (IT) administrator to the unintended administrator. This shift leaves the organisation at risk of information security breaches that can permeate the organisation, which result from the behaviour that the unintended administrator displays when operating the mobile device. This study introduces the BYOD Information Security Behavioural (BISB) model. The model constructs are a combination of individual and organisational traits of the unintended administrator. The purpose of this study is to mitigate the risks posed by the unintended administrator in organisations through the implementation this model. The risk that the unintended administrator poses in relation to the BYOD phenomenon results in chief information officers (CIOs) being unable to totally control these mobile devices. Traditional endpoint information security management tools and methods can no longer secure devices in the BYOD the way they can in the traditional network where they are confined to the organisation’s IT administrator. This results in the organisation’s information security becoming the responsibility of the unintended administrator. This study was conducted in the banking sector in Zimbabwe. It is noteworthy that the BYOD phenomenon has become prevalent in the banking sector among other organisational sectors like education, health or even government departments. Information security is also an important component of the banks as such and a choice was made to conduct the study in the banking industry. The design science research paradigm was followed in this study and included a survey of 270 bank employees in Zimbabwe, which received 170 complete responses. A literature review on both employee behaviour and organisational culture was conducted, followed by a case study of a commercial bank in Zimbabwe. The literature review culminated in traits that were then classified as individual traits and organisational traits. Six constructs –, knowledge, attitude, habit, environment, governance and training – were identified from the literature and combined to form the BYOD information security behavioural (BISB) model. Statistical calculations were conducted on the survey results which informed the reliability, validity and rigour of the model constructs. An expert review including industry experts was conducted to evaluate the BISB model. This study concludes by recommending that organisations in Zimbabwe should make use of the BISB model to mitigate the information security risks that are posed by the unintended administrator. While there are technical solutions for managing the information security risks that come with the BYOD, this study points out that without harnessing the individual and organisational traits that make up the BYOD information security behavioural model for the unintended administrator, technical solutions alone will not be effective.
- Full Text:
- Date Issued: 2017
A bulk and fraction-specific geochemical study of the origin of diverse high-grade hematitic iron ores from the Transvaal Supergroup, Northern Cape Province, South Africa
- Authors: Moloto, William
- Date: 2017
- Subjects: Iron ore -- South Africa -- Transvaal Supergroup , Hematite -- South Africa -- Transvaal Supergroup , Transvaal Supergroup (South Africa)
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10962/50546 , vital:25998
- Description: The Paleoproterozoic Transvaal Supergroup in the Northern Cape Province of South Africa is host to high-grade, Banded Iron Formation-hosted hematite iron-ore deposits and is the country’s most important source of iron to date. Previous studies suggest the origin of these iron ores to be ancient supergene, and that the ore forming process would have therefore pre-dated deposition of the basal Mapedi shales of the Olifansthoek Supergroup that unconformably overlies the Transvaal strata. The nature of the protolith to the ores has been suggested to be largely BIF of the Asbestos Hills Subgroup, and mainly the Kuruman BIF. The work presented in this thesis seeks to provide insights into the diversity of processes that are likely to have been involved during the genesis of these high-grade iron ores, in the context of constraining the pre-ore lithologies and the relative role of supergene-style, largely residual enrichment processes versus any possible metasomatic hydrothermal effects. This study had as primary focus the application of combined bulk and fraction-specific geochemical applications on representative iron-ore samples from four different localities in the Northern Cape Province, namely King/Khumani, Beeshoek, Heuninkranz and Hotazel. The collected samples show a variety of textures and also capture different pre-unconformity stratigraphic sections of BIF. The key objective was to assess whether the fraction-specific analytical results could provide any firm constraints for the origin of the ferrous and non-ferrous matrix fractions of the ores, namely whether they represent any combinations of protolith residue, allochtonously-introduced detritus or hydrothermally-derived material, and whether the results are comparable and consistent across all samples studied. In particular, constraints were sought as to whether the ore protolith was exclusively BIF or may potentially have contained at least a fraction of other lithologic types, such as shale; and whether there is sufficient evidence to support solely a supergene model for the ores or the data suggest other more epigenetic models of ore formation involving the action of hydrothermal fluids Bulk-rock geochemical analyses reveal the overwhelming dominance of Fe-oxide (as hematite) in all samples, at concentrations as high as 99 wt.% Fe2O3. Major and trace-element abundances of all samples were re-calculated assuming only iron addition from the postulated protolith (average BIF and shale), and the results revealed atypical enrichments in the iron ores by comparison to average BIF, and more shale-like relative abundances when normalised against the Post-Archaean Average Shale (PAAS). Specifically, BIF-normalised diagrams show relative enrichments by as much as 53-95% for Al2O3; 11-86% for TiO2; and 4-60% for P2O5. By contrast, PAAS-normalised values display enrichments of 1-3% for Al2O3, 0.2-3% for TiO2, and 3-13% for P2O5. Similar observations can be made for the greatest majority of trace elements when normalised against average BIF as compared to normalisation against PAAS. A suite of trace element that include alkali earths (e.g. Ba, Sr) and transition metals (e.g. Ni, Zn) show enrichments that are unrelated to the apparently detrital siliciclastic fraction of the ores, and are therefore linked to a possible hydrothermal input. Fraction-specific extractions were performed via the adaptation of existing dissolution protocols using oxalic acid (iron-oxide fraction) followed by HF digestion (silicate-fraction). The analyses of the produced aliquots using ICP-MS techniques, focused mainly on the REE abundances of the separated ferrous and non-ferrous matrix fractions and their comparisons to bulk-rock REE signatures. The results lend further support to the suggestion that the ore samples contain a predominant shale-like signal which does not directly compare to published REE signatures for supergene or hydrothermal BIF-hosted iron-ore deposits alike. The data therefore collectively point to a post-unconformity epigenetic hydrothermal event/s of iron ore-formation that would have exploited not only BIF but also shale as suitable pre-ore protolith.
- Full Text:
- Date Issued: 2017
- Authors: Moloto, William
- Date: 2017
- Subjects: Iron ore -- South Africa -- Transvaal Supergroup , Hematite -- South Africa -- Transvaal Supergroup , Transvaal Supergroup (South Africa)
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10962/50546 , vital:25998
- Description: The Paleoproterozoic Transvaal Supergroup in the Northern Cape Province of South Africa is host to high-grade, Banded Iron Formation-hosted hematite iron-ore deposits and is the country’s most important source of iron to date. Previous studies suggest the origin of these iron ores to be ancient supergene, and that the ore forming process would have therefore pre-dated deposition of the basal Mapedi shales of the Olifansthoek Supergroup that unconformably overlies the Transvaal strata. The nature of the protolith to the ores has been suggested to be largely BIF of the Asbestos Hills Subgroup, and mainly the Kuruman BIF. The work presented in this thesis seeks to provide insights into the diversity of processes that are likely to have been involved during the genesis of these high-grade iron ores, in the context of constraining the pre-ore lithologies and the relative role of supergene-style, largely residual enrichment processes versus any possible metasomatic hydrothermal effects. This study had as primary focus the application of combined bulk and fraction-specific geochemical applications on representative iron-ore samples from four different localities in the Northern Cape Province, namely King/Khumani, Beeshoek, Heuninkranz and Hotazel. The collected samples show a variety of textures and also capture different pre-unconformity stratigraphic sections of BIF. The key objective was to assess whether the fraction-specific analytical results could provide any firm constraints for the origin of the ferrous and non-ferrous matrix fractions of the ores, namely whether they represent any combinations of protolith residue, allochtonously-introduced detritus or hydrothermally-derived material, and whether the results are comparable and consistent across all samples studied. In particular, constraints were sought as to whether the ore protolith was exclusively BIF or may potentially have contained at least a fraction of other lithologic types, such as shale; and whether there is sufficient evidence to support solely a supergene model for the ores or the data suggest other more epigenetic models of ore formation involving the action of hydrothermal fluids Bulk-rock geochemical analyses reveal the overwhelming dominance of Fe-oxide (as hematite) in all samples, at concentrations as high as 99 wt.% Fe2O3. Major and trace-element abundances of all samples were re-calculated assuming only iron addition from the postulated protolith (average BIF and shale), and the results revealed atypical enrichments in the iron ores by comparison to average BIF, and more shale-like relative abundances when normalised against the Post-Archaean Average Shale (PAAS). Specifically, BIF-normalised diagrams show relative enrichments by as much as 53-95% for Al2O3; 11-86% for TiO2; and 4-60% for P2O5. By contrast, PAAS-normalised values display enrichments of 1-3% for Al2O3, 0.2-3% for TiO2, and 3-13% for P2O5. Similar observations can be made for the greatest majority of trace elements when normalised against average BIF as compared to normalisation against PAAS. A suite of trace element that include alkali earths (e.g. Ba, Sr) and transition metals (e.g. Ni, Zn) show enrichments that are unrelated to the apparently detrital siliciclastic fraction of the ores, and are therefore linked to a possible hydrothermal input. Fraction-specific extractions were performed via the adaptation of existing dissolution protocols using oxalic acid (iron-oxide fraction) followed by HF digestion (silicate-fraction). The analyses of the produced aliquots using ICP-MS techniques, focused mainly on the REE abundances of the separated ferrous and non-ferrous matrix fractions and their comparisons to bulk-rock REE signatures. The results lend further support to the suggestion that the ore samples contain a predominant shale-like signal which does not directly compare to published REE signatures for supergene or hydrothermal BIF-hosted iron-ore deposits alike. The data therefore collectively point to a post-unconformity epigenetic hydrothermal event/s of iron ore-formation that would have exploited not only BIF but also shale as suitable pre-ore protolith.
- Full Text:
- Date Issued: 2017
A case study of the cost and causes of the Tongaat mall accident in Durban
- Authors: Van Eeden, Leonarda
- Date: 2017
- Subjects: Construction industry -- Accidents -- South Africa -- Durban Construction industry -- Safety regulations -- South Africa -- KwaZulu-Natal , Building sites -- Risk assessment
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: http://hdl.handle.net/10948/45464 , vital:38619
- Description: The literature shows that building collapses occur due to either management or operational failure. This Dissertation presents the causes of building collapse linked to management and operational lapses. A case study research on the Tongaat mall collapse in November 2013 forms the basis for the research. Through data collection that entails content analysis of official inquiry into the collapse and subsequent semi-structured face-to-face interviews among the participants in the collapsed building, major failures were identified. Salient findings show that the regulatory functions on the building project were compromised, and the inability to ensure that the project fulfils all enforcement and compliance requirements significantly enhances the existence of a work environment that led to two fatalities and 29 injuries. This study corroborates past findings that have flagged implementation as the weak link of H&S management in terms of construction regulations in South Africa. In other words, the benefits of adequate policies on paper can only emerge through applications on construction sites.
- Full Text:
- Date Issued: 2017
- Authors: Van Eeden, Leonarda
- Date: 2017
- Subjects: Construction industry -- Accidents -- South Africa -- Durban Construction industry -- Safety regulations -- South Africa -- KwaZulu-Natal , Building sites -- Risk assessment
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: http://hdl.handle.net/10948/45464 , vital:38619
- Description: The literature shows that building collapses occur due to either management or operational failure. This Dissertation presents the causes of building collapse linked to management and operational lapses. A case study research on the Tongaat mall collapse in November 2013 forms the basis for the research. Through data collection that entails content analysis of official inquiry into the collapse and subsequent semi-structured face-to-face interviews among the participants in the collapsed building, major failures were identified. Salient findings show that the regulatory functions on the building project were compromised, and the inability to ensure that the project fulfils all enforcement and compliance requirements significantly enhances the existence of a work environment that led to two fatalities and 29 injuries. This study corroborates past findings that have flagged implementation as the weak link of H&S management in terms of construction regulations in South Africa. In other words, the benefits of adequate policies on paper can only emerge through applications on construction sites.
- Full Text:
- Date Issued: 2017
A case-control approach to assess variability in distribution of distance between transcription factor binding site and transcription start site
- Authors: Moos, Abdul Ragmaan
- Date: 2017
- Subjects: Transcription factors , Proteomics , Chromatin , Chromatin immunoprecipitation
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10962/5315 , vital:20808
- Description: Using the in-silico approach, with ENCODE ChIP-seq data for various transcription factors and different cell types; we systematically compared the distance between the transcription factor binding site (TFBS) and the transcription start (TSS). Our aim was to determine if the same transcription factor binds at a different position relative to the TSS in a normal and an abnormal cell type. We compare distribution of distance of binding sites from the TSS; to make description less verbose we call this “distance” where there is no possibility of confusion. We used a case-control methodology where the distance between the TFBS and the TSS in the normal, non-cancerous or untreated cell type is the control. The distance between the TFBS and the TSS in the cancerous or treated cell type is the case. We use the distance between the TFBS and the TSS in the control as the standard. We compared the distance between the TFBS and the TSS in the case and the control. If the distance between the TFBS and the TSS in the control was greater than the distance between the TFBS and the TSS in the case, we can infer the following. The transcription factor in the case binds closer to the TSS compared to the control. If the distance between the TFBS and the TSS in the control is smaller than the distance between the TFBS and the TSS in the case, we can infer the following. The TF in the case binds further away from the TSS compared to the control. Our method is a screening method whereby we compare ChIP-seq data to determine if there is a difference in the distribution distance between the TFBS and the TSS for normal and abnormal cell types. We used the R package ChIP-Enrich to compare the distribution of distance between ChIP-seq peak and the nearest TSS. ChIP-Enrich produces a histogram with the number of ChIP-seq peaks at a certain distance from the TSS. The results indicate for some transcription factors like GM12878-cMyc and K562-cMyc there is a difference between the distribution of distance between the TFBS and the nearest TSS. cMyc has more binding sites within a distance of 1kb from the TSS in GM12878 when compared to K562. GM12878-CTCF and K562-CTCF have slight differences when comparing their distribution of distance from the TSS. This means CTCF binds almost the same distance from the TSS in both GM12878 and K562. A549-gr treated with dexamethasone is interesting because with increase dose of dexamethasone the distribution of distance from the TSS changes as well.
- Full Text:
- Date Issued: 2017
- Authors: Moos, Abdul Ragmaan
- Date: 2017
- Subjects: Transcription factors , Proteomics , Chromatin , Chromatin immunoprecipitation
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10962/5315 , vital:20808
- Description: Using the in-silico approach, with ENCODE ChIP-seq data for various transcription factors and different cell types; we systematically compared the distance between the transcription factor binding site (TFBS) and the transcription start (TSS). Our aim was to determine if the same transcription factor binds at a different position relative to the TSS in a normal and an abnormal cell type. We compare distribution of distance of binding sites from the TSS; to make description less verbose we call this “distance” where there is no possibility of confusion. We used a case-control methodology where the distance between the TFBS and the TSS in the normal, non-cancerous or untreated cell type is the control. The distance between the TFBS and the TSS in the cancerous or treated cell type is the case. We use the distance between the TFBS and the TSS in the control as the standard. We compared the distance between the TFBS and the TSS in the case and the control. If the distance between the TFBS and the TSS in the control was greater than the distance between the TFBS and the TSS in the case, we can infer the following. The transcription factor in the case binds closer to the TSS compared to the control. If the distance between the TFBS and the TSS in the control is smaller than the distance between the TFBS and the TSS in the case, we can infer the following. The TF in the case binds further away from the TSS compared to the control. Our method is a screening method whereby we compare ChIP-seq data to determine if there is a difference in the distribution distance between the TFBS and the TSS for normal and abnormal cell types. We used the R package ChIP-Enrich to compare the distribution of distance between ChIP-seq peak and the nearest TSS. ChIP-Enrich produces a histogram with the number of ChIP-seq peaks at a certain distance from the TSS. The results indicate for some transcription factors like GM12878-cMyc and K562-cMyc there is a difference between the distribution of distance between the TFBS and the nearest TSS. cMyc has more binding sites within a distance of 1kb from the TSS in GM12878 when compared to K562. GM12878-CTCF and K562-CTCF have slight differences when comparing their distribution of distance from the TSS. This means CTCF binds almost the same distance from the TSS in both GM12878 and K562. A549-gr treated with dexamethasone is interesting because with increase dose of dexamethasone the distribution of distance from the TSS changes as well.
- Full Text:
- Date Issued: 2017
A code theory perspective on science access: clashes and conflicts
- Authors: Ellery, Karen
- Date: 2017
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/61196 , vital:27989 , http://dx.doi.org/10.208535/31-3-1306
- Description: Quantitative measures of student performance fail to provide insight into underpinning constraints and enablements to access in science in higher education. This case study of a science foundation course uses Legitimation Code Theory as a theoretical frame and acquisition of recognition and realisation rules as an analytical frame to provide a depth empirical account of student access and success. Results indicate that access to the powerful science knowledge in the production (science) context is dependent on students recognising and realising the knower code of the learning context, which requires of them to be independent and autonomous learners. Such access is not afforded when students prior (school) learning-context relativist code clashes with the required university learning-context knower code. It is argued that a focus on the learning context could be key in enabling access to students whose educational background does not align well with that of the higher education context.
- Full Text:
- Date Issued: 2017
- Authors: Ellery, Karen
- Date: 2017
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/61196 , vital:27989 , http://dx.doi.org/10.208535/31-3-1306
- Description: Quantitative measures of student performance fail to provide insight into underpinning constraints and enablements to access in science in higher education. This case study of a science foundation course uses Legitimation Code Theory as a theoretical frame and acquisition of recognition and realisation rules as an analytical frame to provide a depth empirical account of student access and success. Results indicate that access to the powerful science knowledge in the production (science) context is dependent on students recognising and realising the knower code of the learning context, which requires of them to be independent and autonomous learners. Such access is not afforded when students prior (school) learning-context relativist code clashes with the required university learning-context knower code. It is argued that a focus on the learning context could be key in enabling access to students whose educational background does not align well with that of the higher education context.
- Full Text:
- Date Issued: 2017
A collaboratively constructed process model for understanding and supporting the work of the community volunteer in a community school
- Authors: Damons, Bruce Peter
- Date: 2017
- Subjects: Volunteer workers in education -- South Africa Community schools -- South Africa , Volunteers -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/15049 , vital:28116
- Description: This thesis sought to explore how community volunteers could be recruited, supported and sustained to assist a community school operating in difficult socioeconomic conditions in achieving basic school functionality. Through a collaborative process, the participants in the study attempted to address a significant gap in the literature, namely how this could be achieved in a way that would be beneficial both to the community volunteers and to the school itself. Based on existing literature, the vast majority of South African schools are struggling to reach the basic functionality levels required in terms of legislation. My interest in this topic was piqued while serving as principal of one such school; hence the focus in this thesis on whether schools would benefit in terms of achieving functionality if they partnered with the communities in which they are located. However, communities are seldom actively involved in the schools and school activities on an ongoing daily basis. In this thesis, I argue for an opportunity for schools and the community to collaborate in a way that would be mutually beneficial. In this, I was guided by the School-Based Complementary Learning Framework (SBCLF) in gaining a greater understanding of how multiple stakeholders could support a school to obtain basic functionality. A key stakeholder is the community in which a school is located, and the multidimensional framework provided a framework to understand why the community would want to get involved in the school. Following a Participatory Action Learning and Action Research (PALAR) design, I recruited 15 community volunteers from the existing pool at my then school; some of whom had been volunteering for over twelve years. We formed an action learning set where we collaboratively sought to understand the processes and conditions needed to recruit, support and sustain community volunteers and their involvement in the school. From this action learning set emerged a key advisors’ set, comprising five members of the action learning set, who were entrusted with the responsibility of planning, preparing and analysing the action learning set meetings. Transcripts and visual artefacts from the action learning set meetings and a focus group meeting of the school management team were analysed to generate data, complemented by secondary sources, such as documents. This participatory approach to data generation allowed the voice of every participant to be heard; agency was increased through active participation; and the sense of affiliation to the group was deepened. The iterative design of the research process further ensured that the participants also engaged in a critical discourse analysis of the emerging data, of which the trustworthiness was enhanced through the use of dialogic and process, catalytic, rhetoric, democratic and outcome validity. The emergence of the data through this collaborative engagement was underpinned by the ethical values of mutual respect; equality and inclusion; democratic participation; active learning; making a difference; collective action; and personal integrity. The findings revealed that community volunteers did add immense value to the school by supporting teaching and learning processes. However, the community volunteers also harboured expectations of material support and opportunities to develop skills. In addition, the study revealed that the hierarchical culture and structures present in most South African schools need to become more democratic and collaborative, with those working to make the school more functional, including community volunteers, being valued, acknowledged and supported. The participants also constructed their understanding of what a community school should be and do and how it should serve the interests of the children from the community. A process model was constructed from these findings regarding on ways to recruit, sustain and support community volunteers involved in community schools, specially designed so that schools could adapt it to suit individual contexts. This study is unique; I am not aware of any similar study ever having been conducted in a community school in South Africa. Furthermore, the collaborative approach used in the study helped ensure that the methodology used could be of value to principals and other school stakeholders in addressing the various complex challenges that confront schools in these contexts. Also, the findings will add to the theoretical body of knowledge around volunteerism, especially in difficult socioeconomic conditions.
- Full Text:
- Date Issued: 2017
- Authors: Damons, Bruce Peter
- Date: 2017
- Subjects: Volunteer workers in education -- South Africa Community schools -- South Africa , Volunteers -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/15049 , vital:28116
- Description: This thesis sought to explore how community volunteers could be recruited, supported and sustained to assist a community school operating in difficult socioeconomic conditions in achieving basic school functionality. Through a collaborative process, the participants in the study attempted to address a significant gap in the literature, namely how this could be achieved in a way that would be beneficial both to the community volunteers and to the school itself. Based on existing literature, the vast majority of South African schools are struggling to reach the basic functionality levels required in terms of legislation. My interest in this topic was piqued while serving as principal of one such school; hence the focus in this thesis on whether schools would benefit in terms of achieving functionality if they partnered with the communities in which they are located. However, communities are seldom actively involved in the schools and school activities on an ongoing daily basis. In this thesis, I argue for an opportunity for schools and the community to collaborate in a way that would be mutually beneficial. In this, I was guided by the School-Based Complementary Learning Framework (SBCLF) in gaining a greater understanding of how multiple stakeholders could support a school to obtain basic functionality. A key stakeholder is the community in which a school is located, and the multidimensional framework provided a framework to understand why the community would want to get involved in the school. Following a Participatory Action Learning and Action Research (PALAR) design, I recruited 15 community volunteers from the existing pool at my then school; some of whom had been volunteering for over twelve years. We formed an action learning set where we collaboratively sought to understand the processes and conditions needed to recruit, support and sustain community volunteers and their involvement in the school. From this action learning set emerged a key advisors’ set, comprising five members of the action learning set, who were entrusted with the responsibility of planning, preparing and analysing the action learning set meetings. Transcripts and visual artefacts from the action learning set meetings and a focus group meeting of the school management team were analysed to generate data, complemented by secondary sources, such as documents. This participatory approach to data generation allowed the voice of every participant to be heard; agency was increased through active participation; and the sense of affiliation to the group was deepened. The iterative design of the research process further ensured that the participants also engaged in a critical discourse analysis of the emerging data, of which the trustworthiness was enhanced through the use of dialogic and process, catalytic, rhetoric, democratic and outcome validity. The emergence of the data through this collaborative engagement was underpinned by the ethical values of mutual respect; equality and inclusion; democratic participation; active learning; making a difference; collective action; and personal integrity. The findings revealed that community volunteers did add immense value to the school by supporting teaching and learning processes. However, the community volunteers also harboured expectations of material support and opportunities to develop skills. In addition, the study revealed that the hierarchical culture and structures present in most South African schools need to become more democratic and collaborative, with those working to make the school more functional, including community volunteers, being valued, acknowledged and supported. The participants also constructed their understanding of what a community school should be and do and how it should serve the interests of the children from the community. A process model was constructed from these findings regarding on ways to recruit, sustain and support community volunteers involved in community schools, specially designed so that schools could adapt it to suit individual contexts. This study is unique; I am not aware of any similar study ever having been conducted in a community school in South Africa. Furthermore, the collaborative approach used in the study helped ensure that the methodology used could be of value to principals and other school stakeholders in addressing the various complex challenges that confront schools in these contexts. Also, the findings will add to the theoretical body of knowledge around volunteerism, especially in difficult socioeconomic conditions.
- Full Text:
- Date Issued: 2017
A community partner’s perceptions of a service-learning partnership
- Authors: Queripel, Kathryn
- Date: 2017
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/6978 , vital:21206
- Description: Literature has highlighted the importance of university-community partnerships in servicelearning (SL) as a vehicle for conducting a mutually beneficial service-learning programme (Dorado & Giles, 2004). This research aimed to investigate factors influencing a SL partnership through the insights of a particular community partner. Based on a case study of a rural school in the Eastern Cape, three community partners perceptions were obtained through in-depth semi-structured interviews. Thereafter, thematic analysis was used to analyse the data using Braun and Clarke’s (2006) six phase guide. Three main theme’s emerged from the data that shed light to the key issues shaping community partners perceptions. These were centred on the effects of apartheid including resources, geographic location, and level of commitment from the university. The findings of this research brought forward the importance of awareness of context, responding to the context and commitment displayed in the partnership. This research further highlights the need for community partner’s perspective in literature.
- Full Text:
- Date Issued: 2017
- Authors: Queripel, Kathryn
- Date: 2017
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/6978 , vital:21206
- Description: Literature has highlighted the importance of university-community partnerships in servicelearning (SL) as a vehicle for conducting a mutually beneficial service-learning programme (Dorado & Giles, 2004). This research aimed to investigate factors influencing a SL partnership through the insights of a particular community partner. Based on a case study of a rural school in the Eastern Cape, three community partners perceptions were obtained through in-depth semi-structured interviews. Thereafter, thematic analysis was used to analyse the data using Braun and Clarke’s (2006) six phase guide. Three main theme’s emerged from the data that shed light to the key issues shaping community partners perceptions. These were centred on the effects of apartheid including resources, geographic location, and level of commitment from the university. The findings of this research brought forward the importance of awareness of context, responding to the context and commitment displayed in the partnership. This research further highlights the need for community partner’s perspective in literature.
- Full Text:
- Date Issued: 2017
A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform
- Ndzengu, Nkululeko Christopher
- Authors: Ndzengu, Nkululeko Christopher
- Date: 2017
- Subjects: Forfeiture -- South Africa , Forfeiture -- South Africa -- Criminal provisions Reparation (Criminal justice) -- South Africa
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: http://hdl.handle.net/10948/14267 , vital:27501
- Description: In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction based following the United States of America one.2 Chapter 5 provisions of the Prevention of Organised Crime Act3 (hereafter POCA) provides for court, Basdeo M – Search, Seizure and Asset Forfeiture in the South African Criminal Justice System: Drawing a Balance between Public Utility and Constitutional Rights (2013) LLD, University of South Africa in Chapter 5 where a comprehensive comparative study of SA POCA and United States of America’s asset forfeiture and origin is undertaken. 3 Act 121 of applications for a restraint, confiscation and realisation for the recovery of proceeds of unlawful activities. The restraint is invoked when a suspect is to be charged or has been charged or prosecuted, there are reasonable grounds to believe that a conviction may follow and that a confiscation order may be made. Chapter 6 provisions of POCA provide for court applications for preservation and forfeiture order targeting both the proceeds of unlawful activities and removal from public circulation of instruments or assets used in the commission of offences where the guilt of the wrongdoer is not relevant. POCA has a Schedule with 34 items setting out examples of offences in relation to which civil forfeiture may be invoked. When the State discharges this noble professed task in the name of public safety, security and crime combating, legal challenges arise. This is more so within a constitutional democratic context where both individual and property rights are enshrined and protected. This study deals with some of these challenges. To the mind of a legal researcher, the law of asset forfeiture is, in this process, moulded and developed. South Africa (a developing country), Canada and New Zealand (developed countries in the north and southern hemispheres) have constitutional democracies. They also have asset forfeiture regimes, which attracted the attention of the researcher. The question is: can the developing country learn some best practices from the developed countries in this particular field? It would be interesting to establish this and the level of development of this field in the three countries under study. South Africa, with no federal government, has nine Provinces, single asset forfeiture legislation5 (combining both criminal forfeiture i.e. restraint, confiscation and realisation applications and civil forfeiture i.e. preservation and forfeiture applications), and a criminal statute6 applicable to all such Provinces. It also has, like Canada and New Zealand, pockets of asset forfeiture provisions embedded in various statutes. There is only one asset forfeiture office under the umbrella of the National Prosecuting Authority.7 It has branches8 in the Provinces, invoking the provisions of POCA, since 1999. It is not part of the police department. The researcher joined the South African Port Elizabeth branch in March 2003, Bloemfontein, Kimberly and Mmabatho branches from 2010 to 2011, July 2012 onwards in the Port Elizabeth and has practical experience in this regard. The Prevention of Organised Crime Act 121 of 1998. The Namibian POCA 29 of 2004 is almost a replica of the South African POCA except that the former makes express recognition of the victims of the underlying victims. The Criminal Procedure Act, 51 of 1977 (as amended). The Asset Forfeiture Unit (AFU) with its Head Office situated in Pretoria under the umbrella of the National Prosecution Authority, which Raylene Keightley in Young S Civil Forfeiture of Criminal Property Legal Measures for Targeting the Proceeds of Crime (2009) Cheltenham Edward Elgar Publishing, Inc.: Northampton, MA at 94 calls a specialist implementation agency. In Pretoria, Johannesburg, Cape Town, Port Elizabeth, East London, Durban, Bloemfontein, Kimberley, Mmabatho, Mpumalanga and Limpopo. It comprises of eleven Provinces to which the Criminal Code of Canada, the Controlled Drugs and Substances Act 1996 and a host of other statutes apply. Eight of the eleven Provinces have their own and distinct primary stand-alone asset forfeiture statutes introducing civil forfeiture10 as more fully explained in Chapter 2 of this study.
- Full Text:
- Date Issued: 2017
- Authors: Ndzengu, Nkululeko Christopher
- Date: 2017
- Subjects: Forfeiture -- South Africa , Forfeiture -- South Africa -- Criminal provisions Reparation (Criminal justice) -- South Africa
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: http://hdl.handle.net/10948/14267 , vital:27501
- Description: In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction based following the United States of America one.2 Chapter 5 provisions of the Prevention of Organised Crime Act3 (hereafter POCA) provides for court, Basdeo M – Search, Seizure and Asset Forfeiture in the South African Criminal Justice System: Drawing a Balance between Public Utility and Constitutional Rights (2013) LLD, University of South Africa in Chapter 5 where a comprehensive comparative study of SA POCA and United States of America’s asset forfeiture and origin is undertaken. 3 Act 121 of applications for a restraint, confiscation and realisation for the recovery of proceeds of unlawful activities. The restraint is invoked when a suspect is to be charged or has been charged or prosecuted, there are reasonable grounds to believe that a conviction may follow and that a confiscation order may be made. Chapter 6 provisions of POCA provide for court applications for preservation and forfeiture order targeting both the proceeds of unlawful activities and removal from public circulation of instruments or assets used in the commission of offences where the guilt of the wrongdoer is not relevant. POCA has a Schedule with 34 items setting out examples of offences in relation to which civil forfeiture may be invoked. When the State discharges this noble professed task in the name of public safety, security and crime combating, legal challenges arise. This is more so within a constitutional democratic context where both individual and property rights are enshrined and protected. This study deals with some of these challenges. To the mind of a legal researcher, the law of asset forfeiture is, in this process, moulded and developed. South Africa (a developing country), Canada and New Zealand (developed countries in the north and southern hemispheres) have constitutional democracies. They also have asset forfeiture regimes, which attracted the attention of the researcher. The question is: can the developing country learn some best practices from the developed countries in this particular field? It would be interesting to establish this and the level of development of this field in the three countries under study. South Africa, with no federal government, has nine Provinces, single asset forfeiture legislation5 (combining both criminal forfeiture i.e. restraint, confiscation and realisation applications and civil forfeiture i.e. preservation and forfeiture applications), and a criminal statute6 applicable to all such Provinces. It also has, like Canada and New Zealand, pockets of asset forfeiture provisions embedded in various statutes. There is only one asset forfeiture office under the umbrella of the National Prosecuting Authority.7 It has branches8 in the Provinces, invoking the provisions of POCA, since 1999. It is not part of the police department. The researcher joined the South African Port Elizabeth branch in March 2003, Bloemfontein, Kimberly and Mmabatho branches from 2010 to 2011, July 2012 onwards in the Port Elizabeth and has practical experience in this regard. The Prevention of Organised Crime Act 121 of 1998. The Namibian POCA 29 of 2004 is almost a replica of the South African POCA except that the former makes express recognition of the victims of the underlying victims. The Criminal Procedure Act, 51 of 1977 (as amended). The Asset Forfeiture Unit (AFU) with its Head Office situated in Pretoria under the umbrella of the National Prosecution Authority, which Raylene Keightley in Young S Civil Forfeiture of Criminal Property Legal Measures for Targeting the Proceeds of Crime (2009) Cheltenham Edward Elgar Publishing, Inc.: Northampton, MA at 94 calls a specialist implementation agency. In Pretoria, Johannesburg, Cape Town, Port Elizabeth, East London, Durban, Bloemfontein, Kimberley, Mmabatho, Mpumalanga and Limpopo. It comprises of eleven Provinces to which the Criminal Code of Canada, the Controlled Drugs and Substances Act 1996 and a host of other statutes apply. Eight of the eleven Provinces have their own and distinct primary stand-alone asset forfeiture statutes introducing civil forfeiture10 as more fully explained in Chapter 2 of this study.
- Full Text:
- Date Issued: 2017
A comparative analysis of the new behaviours and terms introduced in the understatement penalty table in section 223 of the Tax Administration Act
- Authors: Doolan, Kim
- Date: 2017
- Subjects: South Africa. Tax Administration Act, 2011 , Taxation -- South Africa , Taxation -- Law and legislation -- South Africa , Tax administration and procedure -- Law and legislation -- South Africa , Tax penalties -- Law and legislation -- South Africa , Taxpayer compliance -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10962/5802 , vital:20977
- Description: The Tax Administration Act became effective on the 1 October 2012 and in Chapter 16 introduced the understatement penalty regime which replaced section 76 of the Income Tax Act. The understatement penalty is calculated by applying a percentage in terms of the table included in section 223 of the Tax Administration Act to the shortfall in tax giving rise to the imposition of the penalty. There are five behaviours reflected in the understatement penalty table in section 223, namely, “substantial understatement”, “reasonable care not taken in completing return”, “no reasonable grounds for tax position taken”, “gross negligence” and “intentional tax evasion”. “Substantial understatement” is the only behaviour defined in the Tax Administration Act. Section 222(1) of the Tax Administration Act requires SARS to impose the penalty reflected in the table in the event of an “understatement”, unless the “understatement” results from a “bona fide inadvertent error”. The term “bona fide inadvertent error” is not defined in the Tax Administration Act; neither is the term “obstructive”. The Memorandum on the Objects of the Tax Administration Laws Amendment Bill confirmed that guidance would be developed in this regard for the use of taxpayers and SARS officials. This guidance has not yet been released. Media reports express the view that the lack of definition of the behaviours is problematic for both SARS and taxpayers as the table is new and there is still room for interpretation and understanding of the meaning of each of the behaviours. The primary goal of this study was is to obtain a better understanding of the meaning of the new behaviours and terms introduced in the understatement penalty table. In addressing this main goal, the penalty tables and behaviours in legislation in New Zealand were compared to South Africa’s understatement penalty. The similarities and differences between the understatement penalty imposed in terms of Chapter 16 of the Tax Administration Act and the additional tax previously imposed in terms of section 76 of the Income Tax Act were also discussed to determine whether this would be of assistance in enabling a better understanding of the meaning of the behaviours and terms in section 223. Guidance on the interpretation of the various behaviours and terms was developed and a definition was proposed for the meaning of “bona fide inadvertent error” and “obstructive” to assist in the objective and consistent application of the understatement penalty table in relation to each shortfall identified. The proposed definition for “bona fide inadvertent error” is as follows: “An honest mistake made or simple oversight, which the taxpayer was not aware of, despite taking reasonable care and displaying a prudent attitude while making a genuine attempt to comply with all applicable tax obligations.” The definition for “obstructive” is proposed as: “Deliberately interfering with, causing difficulties (impeding) or delays in, or preventing the progress of a SARS audit or review.”
- Full Text:
- Date Issued: 2017
- Authors: Doolan, Kim
- Date: 2017
- Subjects: South Africa. Tax Administration Act, 2011 , Taxation -- South Africa , Taxation -- Law and legislation -- South Africa , Tax administration and procedure -- Law and legislation -- South Africa , Tax penalties -- Law and legislation -- South Africa , Taxpayer compliance -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10962/5802 , vital:20977
- Description: The Tax Administration Act became effective on the 1 October 2012 and in Chapter 16 introduced the understatement penalty regime which replaced section 76 of the Income Tax Act. The understatement penalty is calculated by applying a percentage in terms of the table included in section 223 of the Tax Administration Act to the shortfall in tax giving rise to the imposition of the penalty. There are five behaviours reflected in the understatement penalty table in section 223, namely, “substantial understatement”, “reasonable care not taken in completing return”, “no reasonable grounds for tax position taken”, “gross negligence” and “intentional tax evasion”. “Substantial understatement” is the only behaviour defined in the Tax Administration Act. Section 222(1) of the Tax Administration Act requires SARS to impose the penalty reflected in the table in the event of an “understatement”, unless the “understatement” results from a “bona fide inadvertent error”. The term “bona fide inadvertent error” is not defined in the Tax Administration Act; neither is the term “obstructive”. The Memorandum on the Objects of the Tax Administration Laws Amendment Bill confirmed that guidance would be developed in this regard for the use of taxpayers and SARS officials. This guidance has not yet been released. Media reports express the view that the lack of definition of the behaviours is problematic for both SARS and taxpayers as the table is new and there is still room for interpretation and understanding of the meaning of each of the behaviours. The primary goal of this study was is to obtain a better understanding of the meaning of the new behaviours and terms introduced in the understatement penalty table. In addressing this main goal, the penalty tables and behaviours in legislation in New Zealand were compared to South Africa’s understatement penalty. The similarities and differences between the understatement penalty imposed in terms of Chapter 16 of the Tax Administration Act and the additional tax previously imposed in terms of section 76 of the Income Tax Act were also discussed to determine whether this would be of assistance in enabling a better understanding of the meaning of the behaviours and terms in section 223. Guidance on the interpretation of the various behaviours and terms was developed and a definition was proposed for the meaning of “bona fide inadvertent error” and “obstructive” to assist in the objective and consistent application of the understatement penalty table in relation to each shortfall identified. The proposed definition for “bona fide inadvertent error” is as follows: “An honest mistake made or simple oversight, which the taxpayer was not aware of, despite taking reasonable care and displaying a prudent attitude while making a genuine attempt to comply with all applicable tax obligations.” The definition for “obstructive” is proposed as: “Deliberately interfering with, causing difficulties (impeding) or delays in, or preventing the progress of a SARS audit or review.”
- Full Text:
- Date Issued: 2017
A comparative exposition of Islamic law relating to the law of husband and wife
- Authors: Denson, Razaana
- Date: 2017
- Subjects: Husband and wife (Islamic law) Marriage (Islamic law)
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: http://hdl.handle.net/10948/19564 , vital:28894
- Description: Notwithstanding the enactment of the Constitution of the Republic of South Africa, 1996 the recognition of systems of religious, personal or family law for certain cultural and religious groups has either been limited or is virtually non-existent. To this extent, marriages concluded in terms of Islamic rites do not enjoy the same legal recognition that is accorded to civil and customary marriages. Non-recognition of Muslim marriages means there is no legal regulatory framework to enforce any of the consequences that arise as a result of the marriage, or any orders that are made by the Ulama, thereby creating a perilous situation that has dire consequences for spouses to a Muslim marriage. Despite South Africa’s commitment to the right of equality and freedom of religion, the courts have acknowledged that the failure to grant recognition to Muslim marriages on the ground of gender equality, has worsened the plight of women in these marriages, in that they were left without effective legal protection, should the union be dissolved either by death or divorce. Whilst the ad hoc recognition of certain consequences of Muslim marriages by the judiciary has gone a some way to redress the plight of Muslim women, and provided relief to the lived realities of Muslim women, these decisions are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims. These court decisions, that are in conflict with Muslim Personal Law (MPL), will ultimately lead to the emergence of a distorted set of laws relating to Muslim family law. This is a real cause for concern. This thesis is written from an Islamic legal theory perspective, which is contrary to western legal theory, as the latter adopts a human rights perspective. The basis of modern western democratic societies is a constitution that is premised on human rights and equality and which advocates the notion that the rights contained in the constitution reign supreme in all matters, religion included. Therefore, where a conflict arises in respect of the freedom of religion and the right to equality, western ideologies and philosophies dictate that the latter trump the former. This would inevitably mean that religious law would have to be adapted and ultimately amended so that it is in compliance with the constitution. From an Islamic religious perspective, this is not feasible and practicing Muslims will find this untenable. This may be legally uncomfortable in South Africa as a constitutional democracy but it is the reality for the adherents of the Muslim faith. A draft Muslim Marriages Bill (MMB) was released in 2003, and an amended MMB was tabled in Parliament in 2010. Both MMBs propose the legal recognition and regulation of Muslim marriages in South Africa. However, the two major issues delaying the enactment of the MMB into legislation are, firstly, whether or not the MMB would pass constitutional muster and secondly, the lack of agreement in the Muslim community on whether the MMB is Shari’ah compliant. Despite the largely consultative process that the MMBs underwent the legislative attempts to enact the MMB into legislation has not been successful. This thesis seeks to provide a possible solution whereby legislation regulating MPL law can be implemented in South Africa, notwithstanding the apparent conflict existing between MPL and the rights contained in the Bill of Rights. Notwithstanding the preference shown by the legislature to enact the MMB into legislation which will grant recognition to Muslim marriages, it is submitted there is a need for the legislature to rethink the approach that has to date been adopted. To this extent, it is submitted that the legislature should reconsider granting recognition to Muslim marriages by enacting legislation that takes the form of general legislation where state recognition is granted to all religious marriages, whether it be Muslim, Hindu or Jewish marriages. General legislation would mean that the state would require the marriage to be registered. However, the prescribed requirements, formalities and the consequences of the marriage would be determined by the chosen religious system of the spouses. On a national level a comparative analysis between Islamic law and the South African legal system, relating to the law of marriage is conducted. For the comparative analysis on an international level the law of marriage in England and Wales has been chosen. South Africa and England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Furthermore, an internal pluralism exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, and as well as South African and English law. The manner in which MPL is granted recognition needs to be given careful consideration as the implementation of this legislation will only be successful if it is compatible with the rulings and teachings of Islamic law. Caution should therefore be exercised to ensure that the fundamental aspects of MPL are not compromised as this will result in the legislation not being Shari’ah compliant and there will be no buyin from the Muslim community, with the consequence that this legislation will be mere paper law.
- Full Text:
- Date Issued: 2017
- Authors: Denson, Razaana
- Date: 2017
- Subjects: Husband and wife (Islamic law) Marriage (Islamic law)
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: http://hdl.handle.net/10948/19564 , vital:28894
- Description: Notwithstanding the enactment of the Constitution of the Republic of South Africa, 1996 the recognition of systems of religious, personal or family law for certain cultural and religious groups has either been limited or is virtually non-existent. To this extent, marriages concluded in terms of Islamic rites do not enjoy the same legal recognition that is accorded to civil and customary marriages. Non-recognition of Muslim marriages means there is no legal regulatory framework to enforce any of the consequences that arise as a result of the marriage, or any orders that are made by the Ulama, thereby creating a perilous situation that has dire consequences for spouses to a Muslim marriage. Despite South Africa’s commitment to the right of equality and freedom of religion, the courts have acknowledged that the failure to grant recognition to Muslim marriages on the ground of gender equality, has worsened the plight of women in these marriages, in that they were left without effective legal protection, should the union be dissolved either by death or divorce. Whilst the ad hoc recognition of certain consequences of Muslim marriages by the judiciary has gone a some way to redress the plight of Muslim women, and provided relief to the lived realities of Muslim women, these decisions are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims. These court decisions, that are in conflict with Muslim Personal Law (MPL), will ultimately lead to the emergence of a distorted set of laws relating to Muslim family law. This is a real cause for concern. This thesis is written from an Islamic legal theory perspective, which is contrary to western legal theory, as the latter adopts a human rights perspective. The basis of modern western democratic societies is a constitution that is premised on human rights and equality and which advocates the notion that the rights contained in the constitution reign supreme in all matters, religion included. Therefore, where a conflict arises in respect of the freedom of religion and the right to equality, western ideologies and philosophies dictate that the latter trump the former. This would inevitably mean that religious law would have to be adapted and ultimately amended so that it is in compliance with the constitution. From an Islamic religious perspective, this is not feasible and practicing Muslims will find this untenable. This may be legally uncomfortable in South Africa as a constitutional democracy but it is the reality for the adherents of the Muslim faith. A draft Muslim Marriages Bill (MMB) was released in 2003, and an amended MMB was tabled in Parliament in 2010. Both MMBs propose the legal recognition and regulation of Muslim marriages in South Africa. However, the two major issues delaying the enactment of the MMB into legislation are, firstly, whether or not the MMB would pass constitutional muster and secondly, the lack of agreement in the Muslim community on whether the MMB is Shari’ah compliant. Despite the largely consultative process that the MMBs underwent the legislative attempts to enact the MMB into legislation has not been successful. This thesis seeks to provide a possible solution whereby legislation regulating MPL law can be implemented in South Africa, notwithstanding the apparent conflict existing between MPL and the rights contained in the Bill of Rights. Notwithstanding the preference shown by the legislature to enact the MMB into legislation which will grant recognition to Muslim marriages, it is submitted there is a need for the legislature to rethink the approach that has to date been adopted. To this extent, it is submitted that the legislature should reconsider granting recognition to Muslim marriages by enacting legislation that takes the form of general legislation where state recognition is granted to all religious marriages, whether it be Muslim, Hindu or Jewish marriages. General legislation would mean that the state would require the marriage to be registered. However, the prescribed requirements, formalities and the consequences of the marriage would be determined by the chosen religious system of the spouses. On a national level a comparative analysis between Islamic law and the South African legal system, relating to the law of marriage is conducted. For the comparative analysis on an international level the law of marriage in England and Wales has been chosen. South Africa and England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Furthermore, an internal pluralism exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, and as well as South African and English law. The manner in which MPL is granted recognition needs to be given careful consideration as the implementation of this legislation will only be successful if it is compatible with the rulings and teachings of Islamic law. Caution should therefore be exercised to ensure that the fundamental aspects of MPL are not compromised as this will result in the legislation not being Shari’ah compliant and there will be no buyin from the Muslim community, with the consequence that this legislation will be mere paper law.
- Full Text:
- Date Issued: 2017
A comparative study between the Seychelles and Singapore as a tax haven for the incorporation of a foreign structure of a resident company
- Wagener, Petrus Johannes Crous
- Authors: Wagener, Petrus Johannes Crous
- Date: 2017
- Subjects: Tax havens , Banks and banking, Foreign -- Taxation -- Seychelles , Banks and banking, Foreign -- Taxation -- Singapore , Taxation -- Seychelles , Taxation -- Singapore
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10948/21208 , vital:29456
- Description: Companies in South Africa will generally attempt to reduce their tax burden, and over the last ten years the use of Singapore and the Seychelles as tax haven jurisdictions’ have increased significantly. Singapore and the Seychelles are well known for their low or zero tax rates and for their confidentiality policies in respect of providing information to foreign tax authorities. It is because of these policies that individuals and businesses invest huge amounts in these countries. There is however uncertainty as to what type of foreign structure a resident company in South Africa may incorporate in the above-mentioned tax haven jurisdictions in order to receive the most effective tax benefit. The aim of this treatise was to identify the different foreign structures in Singapore and the Seychelles which a South African resident company may incorporate. Resulting from this research certain issues have been identified relating to the type of foreign structure and a major one is summarised below: The concept of “place of effective management” used to determine tax residence or as the tie-break clause concept under a double tax agreement. As stated in the case of Oceanic Trust Co Ltd NO v C: SARS (2012) 74 SATC 1275 which is in line with foreign precedents, the test is one of substance over form and the approach to determine “place of effective management” may be to attribute human characteristics to a structure to establish where it is effectively managed. Thus, South African companies can make use of Singapore or the Seychelles as tax havens and incorporate a foreign structure which will be seen as not being resident in South Africa to distribute passive income sources out of South Africa, without paying taxes in the country (withholding taxes may be levied in the tax havens). This should be of concern from the point of view of the South African government. Another issue noted in this treatise related to the use of offshore trusts as a foreign structure for a South African resident company may be the more effective option seeing that the controlled foreign company legislation is not applicable on offshore trusts, reducing the risk of taxation on foreign income of a South African resident company when it is held in an offshore trust. The above issues that have been identified present opportunities to South African resident companies to take advantage of the current tax legislation. It is further recommended that resident companies need to consider the South African domestic tax law implications, respective double tax agreements with both Singapore and the Seychelles as well as the domestic tax laws of these tax haven jurisdictions when planning on incorporating a foreign structure.
- Full Text:
- Date Issued: 2017
- Authors: Wagener, Petrus Johannes Crous
- Date: 2017
- Subjects: Tax havens , Banks and banking, Foreign -- Taxation -- Seychelles , Banks and banking, Foreign -- Taxation -- Singapore , Taxation -- Seychelles , Taxation -- Singapore
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10948/21208 , vital:29456
- Description: Companies in South Africa will generally attempt to reduce their tax burden, and over the last ten years the use of Singapore and the Seychelles as tax haven jurisdictions’ have increased significantly. Singapore and the Seychelles are well known for their low or zero tax rates and for their confidentiality policies in respect of providing information to foreign tax authorities. It is because of these policies that individuals and businesses invest huge amounts in these countries. There is however uncertainty as to what type of foreign structure a resident company in South Africa may incorporate in the above-mentioned tax haven jurisdictions in order to receive the most effective tax benefit. The aim of this treatise was to identify the different foreign structures in Singapore and the Seychelles which a South African resident company may incorporate. Resulting from this research certain issues have been identified relating to the type of foreign structure and a major one is summarised below: The concept of “place of effective management” used to determine tax residence or as the tie-break clause concept under a double tax agreement. As stated in the case of Oceanic Trust Co Ltd NO v C: SARS (2012) 74 SATC 1275 which is in line with foreign precedents, the test is one of substance over form and the approach to determine “place of effective management” may be to attribute human characteristics to a structure to establish where it is effectively managed. Thus, South African companies can make use of Singapore or the Seychelles as tax havens and incorporate a foreign structure which will be seen as not being resident in South Africa to distribute passive income sources out of South Africa, without paying taxes in the country (withholding taxes may be levied in the tax havens). This should be of concern from the point of view of the South African government. Another issue noted in this treatise related to the use of offshore trusts as a foreign structure for a South African resident company may be the more effective option seeing that the controlled foreign company legislation is not applicable on offshore trusts, reducing the risk of taxation on foreign income of a South African resident company when it is held in an offshore trust. The above issues that have been identified present opportunities to South African resident companies to take advantage of the current tax legislation. It is further recommended that resident companies need to consider the South African domestic tax law implications, respective double tax agreements with both Singapore and the Seychelles as well as the domestic tax laws of these tax haven jurisdictions when planning on incorporating a foreign structure.
- Full Text:
- Date Issued: 2017
A comparative study of the dosimetric features of α-Al2O3: C, Mg and α-Al2O3: C
- Kalita, Jitumani M, Chithambo, Makaiko L
- Authors: Kalita, Jitumani M , Chithambo, Makaiko L
- Date: 2017
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/113058 , vital:33694 , https://doi.org/10.1093/rpd/ncx039
- Description: A comparative study of the dosimetric features of α-Al2O3:C,Mg and α-Al2O3:C relevant to thermoluminescence dosimetry is reported. A glow curve of α-Al2O3:C,Mg measured at 1°C/s after beta irradiation to 1 Gy shows two subsidiary peaks at 42°C (labelled as I) and 72°C (II) and the main peak at 161°C (III) whereas a glow curve of α-Al2O3:C measured under the same conditions shows the main peak at 178°C (II′) and a lower intensity peak at 48°C (I′). Apart from these ones, there are several other peaks at temperatures beyond that of the main peak in both α-Al2O3:C,Mg and α-Al2O3:C. However, the latter are not included in this study. We report a comparative quantitative analysis of dose response and fading of peaks I, II and III of α-Al2O3:C,Mg and peaks I′ and II′ of α-Al2O3:C. Analysis shows that the dose response of peaks I and III is sublinear within 1–10 Gy whereas that of peak II is superlinear within 1–4 Gy followed by a sublinear region within 4–10 Gy. In comparison, the dose response of peak I′ is superlinear within 1–4 Gy followed by a sublinear region within 4–10 Gy whereas that of peak II′ is sublinear within 1–4 Gy followed by a superlinear region within 4–10 Gy. As regards to fading corresponding to 1 Gy, peak I is very unstable and fades within 300 s, peak II is more stable and takes up to 43200 s to fade. In comparison, peak III fades down to 30% of its initial intensity within 2400 s. Interestingly, between 2400 and 800 s, the intensity fades by 17% only. Regarding fading in α-Al2O3:C, peak I′ fades within 600 s whereas peak II′ shows an inverse fading behaviour up to 64800 s. The rate of fading for peaks I, II and III in α-Al2O3:C,Mg was found to decrease with increase in dose. However, no such behaviour was observed in α-Al2O3:C. The fading in both samples is discussed on the basis of a charge hopping mechanism.
- Full Text:
- Date Issued: 2017
- Authors: Kalita, Jitumani M , Chithambo, Makaiko L
- Date: 2017
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/113058 , vital:33694 , https://doi.org/10.1093/rpd/ncx039
- Description: A comparative study of the dosimetric features of α-Al2O3:C,Mg and α-Al2O3:C relevant to thermoluminescence dosimetry is reported. A glow curve of α-Al2O3:C,Mg measured at 1°C/s after beta irradiation to 1 Gy shows two subsidiary peaks at 42°C (labelled as I) and 72°C (II) and the main peak at 161°C (III) whereas a glow curve of α-Al2O3:C measured under the same conditions shows the main peak at 178°C (II′) and a lower intensity peak at 48°C (I′). Apart from these ones, there are several other peaks at temperatures beyond that of the main peak in both α-Al2O3:C,Mg and α-Al2O3:C. However, the latter are not included in this study. We report a comparative quantitative analysis of dose response and fading of peaks I, II and III of α-Al2O3:C,Mg and peaks I′ and II′ of α-Al2O3:C. Analysis shows that the dose response of peaks I and III is sublinear within 1–10 Gy whereas that of peak II is superlinear within 1–4 Gy followed by a sublinear region within 4–10 Gy. In comparison, the dose response of peak I′ is superlinear within 1–4 Gy followed by a sublinear region within 4–10 Gy whereas that of peak II′ is sublinear within 1–4 Gy followed by a superlinear region within 4–10 Gy. As regards to fading corresponding to 1 Gy, peak I is very unstable and fades within 300 s, peak II is more stable and takes up to 43200 s to fade. In comparison, peak III fades down to 30% of its initial intensity within 2400 s. Interestingly, between 2400 and 800 s, the intensity fades by 17% only. Regarding fading in α-Al2O3:C, peak I′ fades within 600 s whereas peak II′ shows an inverse fading behaviour up to 64800 s. The rate of fading for peaks I, II and III in α-Al2O3:C,Mg was found to decrease with increase in dose. However, no such behaviour was observed in α-Al2O3:C. The fading in both samples is discussed on the basis of a charge hopping mechanism.
- Full Text:
- Date Issued: 2017
A comparison of the comfort properties, measured with a sweating manikin (WalterTM), of clothing containing different fibres
- Authors: Britz, Lizaan
- Date: 2017
- Subjects: Textile chemistry Cotton fabrics , Cotton textiles
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/14752 , vital:27842
- Description: The main objective of the present study was to determine the relative role and importance of worsted suiting fabric fibre blend vis-à-vis fabric structural parameters, on the comfort related properties of 12 clothing ensembles, each comprising a different man’s suit, but the same wool/nylon underwear and cotton shirt. To achieve the objective, the comfort related properties, namely thermal resistance (Rt) and water vapour resistance (Ret) and water vapour permeability index (Im), of the clothing ensembles, as determined by means of WalterTM, a thermal sweating fabric manikin, were subjected to multi-linear and multi-quadratic analysis, as dependent variables, with the various suiting fabric parameters, namely weight, thickness, density, porosity, air permeability and wool content, as independent variables. It was found that the multi-quadratic regression analysis was able to best explain the observed differences in the clothing ensemble comfort related properties, in terms of the differences in suiting fabric properties. The regression analyses were used to isolate and quantify the effects of the various fabric and fibre content variables on the above mentioned comfort related properties of the various clothing ensembles. This study indicated that the suiting fabric structural properties (notably air permeability), had a more significant influence than either fibre blend or suiting fabric, as measured on WalterTM, a thermal sweating fabric manikin.
- Full Text:
- Date Issued: 2017
- Authors: Britz, Lizaan
- Date: 2017
- Subjects: Textile chemistry Cotton fabrics , Cotton textiles
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/14752 , vital:27842
- Description: The main objective of the present study was to determine the relative role and importance of worsted suiting fabric fibre blend vis-à-vis fabric structural parameters, on the comfort related properties of 12 clothing ensembles, each comprising a different man’s suit, but the same wool/nylon underwear and cotton shirt. To achieve the objective, the comfort related properties, namely thermal resistance (Rt) and water vapour resistance (Ret) and water vapour permeability index (Im), of the clothing ensembles, as determined by means of WalterTM, a thermal sweating fabric manikin, were subjected to multi-linear and multi-quadratic analysis, as dependent variables, with the various suiting fabric parameters, namely weight, thickness, density, porosity, air permeability and wool content, as independent variables. It was found that the multi-quadratic regression analysis was able to best explain the observed differences in the clothing ensemble comfort related properties, in terms of the differences in suiting fabric properties. The regression analyses were used to isolate and quantify the effects of the various fabric and fibre content variables on the above mentioned comfort related properties of the various clothing ensembles. This study indicated that the suiting fabric structural properties (notably air permeability), had a more significant influence than either fibre blend or suiting fabric, as measured on WalterTM, a thermal sweating fabric manikin.
- Full Text:
- Date Issued: 2017
A comparison of the implementation of equal pay for work of equal value with Canadian law
- Authors: Mamashela, Ntsoaki Lydia
- Date: 2017
- Subjects: Equal pay for equal work -- Law and legislation -- Canada Equal pay for equal work -- Law and Legislation -- South Africa , Pay equity -- Canada Pay equity -- South Africa Labor laws and legislation -- Canada Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/18332 , vital:28622
- Description: The consolidation of 22 years of democracy and 20 years of the Constitution of the Republic of South Africa entrenched the need to eradicate social and economic inequalities, particularly those that stem from our history of colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of our people, in particular Black people. Therefore, the passing of the Constitution of the Republic of South Africa (Constitution)1 20 years ago, marked a turning point in our history by giving expression firstly, to the Freedom Charter and secondly, by upholding the values of human dignity, equality, freedom and social justice in a united, non-racial and nonsexist society where every South African may flourish. However, despite the fact that the Bill of Rights in the Constitution provides that everyone is equal before the law and that equality includes the full and equal enjoyment of all rights and freedom, discriminatory practices, in particular, pay inequalities, are still rife in our country. It is against this backdrop that the historical background of the employment discrimination law in South Africa, which over a period of time, contributed significantly to the high levels of inequalities in pay experienced by the previously disadvantaged groups, such as Black people, women and people with disabilities becomes critical. This aspect points to the importance of understanding the context within which the principle of “Equal Pay for Work of Equal Value” has been and should be implemented in South Africa compared to Canada. Therefore, drawing from the review of the legislation and the implementation processes of the principle of equal pay for work of equal value, the following best practices/ lessons learned were identified: 108 of 1996. The Canadian Ontario Pay Equity Act states that the value of job classes be based on factors such as skill, effort, responsibility and working conditions. This Act also requires the employer to take proactive steps to institute a jobevaluation scheme, and the participation of the social partners and the affected workers is crucial. It is submitted that there are similarities in these requirements with those contained in the Employment Equity Regulations, 2014, which implies that the South African legislative framework draws on this best practice. The Ontario Employment Standards Act allows the comparison to be drawn with the establishment of the same employer in the same municipality, as well as with establishments to which a worker can be transferred. In this regard, it is observed that the new provisions on equal pay in section 6(4) of the Employment Equity Amendment Act, 2013, limits only the comparison with the employees of the “same employer” without elaborating further into the same municipality or with establishments to which a worker can be transferred. Under Ontario Pay Equity Act, even if there is no precise comparator in the establishment doing work of equal value, the employer must ensure that the worker’s pay is proportionate to others doing work of proportionate value. In the context of South African legislation, a comparison on the basis of proportionate value is not catered for. The meaning of “work of equal value” refers to the work that is the same (identical or interchangeable), substantially the same (sufficiently similar), or of equal value (accorded the same value) when compared to an appropriate comparator. In justifying equal pay, the Ontario statute provides that formal seniority systems and performance-related pay can justify unequal pay only if they do not discriminate on the grounds of gender. This is similar to the South African statute, in particular, regulation 7 of the Employment Equity Regulations, 2014, which include seniority and performance as some of the factors that may justify unequal pay only if they do not unfairly discriminate on one or combination of the listed grounds, and on any other arbitrary ground as prescribed by section 6(1) of the EEA as amended. As per the Ontario legislation, the employer cannot reduce the rate of remuneration in order to comply with the principle of equal pay for work of equal value. Similarly, in the South African legislation, in particular, regulation 7 of the Employment Equity Regulations, 2014, it prevents levelling down of pay in instances of demotions and in transfer of contracts (section 197 of the LRA). There is a requirement in terms of the Ontario Pay Equity Act, that employers must establish and maintain pay equity in their establishment in consultation with the bargaining agent (trade unions); and after the agreement, post a Pay Equity Plan in its workplace. In terms of South African legislation, the EEA does not have a requirement for a Pay Equity Plan, however, designated employers (those required to comply with Chapter III of the EEA) are required in terms of sections 19(1) and 20 of the EEA to conduct a review of their workplace policies, practices and procedures, inclusive of remuneration and benefits; and develop and implement affirmative-action measures to address any unfair discrimination practices by including these measures in their Employment Equity Plans. Furthermore, in terms of section 27 of the EEA, designated employers are then required to submit their annual Income Differential Statements to the Employment Conditions Commission (ECC) on the remuneration and benefits received in each occupational level of that employer’s workforce. In relation to dealing with pay-equity disputes, the Ontario Pay Equity Act, establishes a Pay Equity Commission, which consists of a Pay Equity Office, inclusive of Review Officers and the Hearings Tribunal that are mandated to specifically enforce the equal-pay-for-work-of-equal-value principle. Contrary, in South Africa, the legislation does not cater for the establishment of a Pay Equity Commission with exclusive mandate to deal with pay-equity cases. In this regard, the various courts and the CCMA which are mandated to deal with equal-pay disputes are also mandated to deal with other labour disputes emanating from other labour legislation, e.g. the LRA, BCEA, EEA, UIA, OHSA, COIDA, etc. The Review Officers in the Pay Equity Office in Ontario are mandated to monitor the implementation and maintenance of the Pay Equity Plans as per section 34 of the Pay Equity Act in Ontario. In South Africa, the EEA makes provision for DG Review process in terms of section 43, where the DG of Labour can subject any organization for a review to assess its compliance with the requirements of the EEA as whole, and not specifically to assess the implementation of the principle of equal pay for work of equal value. Notably, assessment of income differentials to promote equal pay may form part of the DG review process. In light of the above best practices / lessons learned, the following recommendations are made to inform the improvement plans of the implementation of the principle of equal pay for work of equal value in the South African labour market: Conducting of continuous advocacy campaigns to raise awareness and educate all stakeholders, i.e. employers, employees and trade unions on the principle of equal pay for work of equal value. Development of further policy guidelines in relation to equal pay consultations within the workplace between the employer and the employees, including where applicable registered trade unions. A policy directive on the “equal-pay consultation” will promote not only transparency around pay and benefit structures, but will encourage proactive measures from employers to develop pay/remuneration policies, including establishing remuneration committees; conducting job evaluations; implementing job-grading systems and performance-evaluation systems to promote the implementation of the principle of equal pay for work of equal value. 2 SS 115(4) and 158(1)(j) of 66 of 1995. Minimum wage-setting bodies should have the duty to apply the principle of equal pay for work of equal value in the setting of minimum wages. Collective bargaining structures such as bargaining councils should have a duty to apply and enforce the principle of equal pay for work of equal value in the wage-negotiation process and conclusion of collective agreements. Given the importance of collective bargaining in wage-setting in South Africa, there should be a duty on the social partners to include the principle of equal pay for work of equal value in all collective agreements. Industry-wide comparisons should be utilized, particularly in sectors in which collective bargaining operates at a sectoral level. Alternatively, the “Proxy” method as developed in Ontario, should be considered. Proportionate pay, as developed in Ontario, should be considered in cases where there is no comparator doing work of equal value, employed by the same employer. Possible legislative amendments to section 27 of the EEA to include a new provision, requiring employers to develop and implement a Pay Equity Plan outlining how they intend complying with the principle of equal pay for work of equal value. Then an annual progress report must be submitted to the Director General of Labour on how the Pay Equity Plan has been implemented instead of the current submission of an Income Differential Statement to the ECC. Finally, compliance with the principle of equal pay for work of equal value is required as a condition for accessing State Contracts under section 53 of the EEA when this section is promulgated in the near future. It can be deduced from the review process that the principle of equal pay for work of equal is a complex and specialized area. However, it was also clear that in both South Africa and Canada, the issue of equal pay is seen, not only as a workplace issue, but as an important Constitutional fundamental human-right imperative to the achievement of equality in a society as a whole.
- Full Text:
- Date Issued: 2017
- Authors: Mamashela, Ntsoaki Lydia
- Date: 2017
- Subjects: Equal pay for equal work -- Law and legislation -- Canada Equal pay for equal work -- Law and Legislation -- South Africa , Pay equity -- Canada Pay equity -- South Africa Labor laws and legislation -- Canada Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/18332 , vital:28622
- Description: The consolidation of 22 years of democracy and 20 years of the Constitution of the Republic of South Africa entrenched the need to eradicate social and economic inequalities, particularly those that stem from our history of colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of our people, in particular Black people. Therefore, the passing of the Constitution of the Republic of South Africa (Constitution)1 20 years ago, marked a turning point in our history by giving expression firstly, to the Freedom Charter and secondly, by upholding the values of human dignity, equality, freedom and social justice in a united, non-racial and nonsexist society where every South African may flourish. However, despite the fact that the Bill of Rights in the Constitution provides that everyone is equal before the law and that equality includes the full and equal enjoyment of all rights and freedom, discriminatory practices, in particular, pay inequalities, are still rife in our country. It is against this backdrop that the historical background of the employment discrimination law in South Africa, which over a period of time, contributed significantly to the high levels of inequalities in pay experienced by the previously disadvantaged groups, such as Black people, women and people with disabilities becomes critical. This aspect points to the importance of understanding the context within which the principle of “Equal Pay for Work of Equal Value” has been and should be implemented in South Africa compared to Canada. Therefore, drawing from the review of the legislation and the implementation processes of the principle of equal pay for work of equal value, the following best practices/ lessons learned were identified: 108 of 1996. The Canadian Ontario Pay Equity Act states that the value of job classes be based on factors such as skill, effort, responsibility and working conditions. This Act also requires the employer to take proactive steps to institute a jobevaluation scheme, and the participation of the social partners and the affected workers is crucial. It is submitted that there are similarities in these requirements with those contained in the Employment Equity Regulations, 2014, which implies that the South African legislative framework draws on this best practice. The Ontario Employment Standards Act allows the comparison to be drawn with the establishment of the same employer in the same municipality, as well as with establishments to which a worker can be transferred. In this regard, it is observed that the new provisions on equal pay in section 6(4) of the Employment Equity Amendment Act, 2013, limits only the comparison with the employees of the “same employer” without elaborating further into the same municipality or with establishments to which a worker can be transferred. Under Ontario Pay Equity Act, even if there is no precise comparator in the establishment doing work of equal value, the employer must ensure that the worker’s pay is proportionate to others doing work of proportionate value. In the context of South African legislation, a comparison on the basis of proportionate value is not catered for. The meaning of “work of equal value” refers to the work that is the same (identical or interchangeable), substantially the same (sufficiently similar), or of equal value (accorded the same value) when compared to an appropriate comparator. In justifying equal pay, the Ontario statute provides that formal seniority systems and performance-related pay can justify unequal pay only if they do not discriminate on the grounds of gender. This is similar to the South African statute, in particular, regulation 7 of the Employment Equity Regulations, 2014, which include seniority and performance as some of the factors that may justify unequal pay only if they do not unfairly discriminate on one or combination of the listed grounds, and on any other arbitrary ground as prescribed by section 6(1) of the EEA as amended. As per the Ontario legislation, the employer cannot reduce the rate of remuneration in order to comply with the principle of equal pay for work of equal value. Similarly, in the South African legislation, in particular, regulation 7 of the Employment Equity Regulations, 2014, it prevents levelling down of pay in instances of demotions and in transfer of contracts (section 197 of the LRA). There is a requirement in terms of the Ontario Pay Equity Act, that employers must establish and maintain pay equity in their establishment in consultation with the bargaining agent (trade unions); and after the agreement, post a Pay Equity Plan in its workplace. In terms of South African legislation, the EEA does not have a requirement for a Pay Equity Plan, however, designated employers (those required to comply with Chapter III of the EEA) are required in terms of sections 19(1) and 20 of the EEA to conduct a review of their workplace policies, practices and procedures, inclusive of remuneration and benefits; and develop and implement affirmative-action measures to address any unfair discrimination practices by including these measures in their Employment Equity Plans. Furthermore, in terms of section 27 of the EEA, designated employers are then required to submit their annual Income Differential Statements to the Employment Conditions Commission (ECC) on the remuneration and benefits received in each occupational level of that employer’s workforce. In relation to dealing with pay-equity disputes, the Ontario Pay Equity Act, establishes a Pay Equity Commission, which consists of a Pay Equity Office, inclusive of Review Officers and the Hearings Tribunal that are mandated to specifically enforce the equal-pay-for-work-of-equal-value principle. Contrary, in South Africa, the legislation does not cater for the establishment of a Pay Equity Commission with exclusive mandate to deal with pay-equity cases. In this regard, the various courts and the CCMA which are mandated to deal with equal-pay disputes are also mandated to deal with other labour disputes emanating from other labour legislation, e.g. the LRA, BCEA, EEA, UIA, OHSA, COIDA, etc. The Review Officers in the Pay Equity Office in Ontario are mandated to monitor the implementation and maintenance of the Pay Equity Plans as per section 34 of the Pay Equity Act in Ontario. In South Africa, the EEA makes provision for DG Review process in terms of section 43, where the DG of Labour can subject any organization for a review to assess its compliance with the requirements of the EEA as whole, and not specifically to assess the implementation of the principle of equal pay for work of equal value. Notably, assessment of income differentials to promote equal pay may form part of the DG review process. In light of the above best practices / lessons learned, the following recommendations are made to inform the improvement plans of the implementation of the principle of equal pay for work of equal value in the South African labour market: Conducting of continuous advocacy campaigns to raise awareness and educate all stakeholders, i.e. employers, employees and trade unions on the principle of equal pay for work of equal value. Development of further policy guidelines in relation to equal pay consultations within the workplace between the employer and the employees, including where applicable registered trade unions. A policy directive on the “equal-pay consultation” will promote not only transparency around pay and benefit structures, but will encourage proactive measures from employers to develop pay/remuneration policies, including establishing remuneration committees; conducting job evaluations; implementing job-grading systems and performance-evaluation systems to promote the implementation of the principle of equal pay for work of equal value. 2 SS 115(4) and 158(1)(j) of 66 of 1995. Minimum wage-setting bodies should have the duty to apply the principle of equal pay for work of equal value in the setting of minimum wages. Collective bargaining structures such as bargaining councils should have a duty to apply and enforce the principle of equal pay for work of equal value in the wage-negotiation process and conclusion of collective agreements. Given the importance of collective bargaining in wage-setting in South Africa, there should be a duty on the social partners to include the principle of equal pay for work of equal value in all collective agreements. Industry-wide comparisons should be utilized, particularly in sectors in which collective bargaining operates at a sectoral level. Alternatively, the “Proxy” method as developed in Ontario, should be considered. Proportionate pay, as developed in Ontario, should be considered in cases where there is no comparator doing work of equal value, employed by the same employer. Possible legislative amendments to section 27 of the EEA to include a new provision, requiring employers to develop and implement a Pay Equity Plan outlining how they intend complying with the principle of equal pay for work of equal value. Then an annual progress report must be submitted to the Director General of Labour on how the Pay Equity Plan has been implemented instead of the current submission of an Income Differential Statement to the ECC. Finally, compliance with the principle of equal pay for work of equal value is required as a condition for accessing State Contracts under section 53 of the EEA when this section is promulgated in the near future. It can be deduced from the review process that the principle of equal pay for work of equal is a complex and specialized area. However, it was also clear that in both South Africa and Canada, the issue of equal pay is seen, not only as a workplace issue, but as an important Constitutional fundamental human-right imperative to the achievement of equality in a society as a whole.
- Full Text:
- Date Issued: 2017