A counter-narrative analysis of psychological riot in contemporary painting
- Authors: Ng’ok, Ivy Chemutai
- Date: 2018
- Subjects: Painting -- South Africa , Painting -- Psychological aspects , Distress (Psychology) in art , Imperialism in art , Violence in art , Patriarchy in art Political art
- Language: English
- Type: text , Thesis , Masters , MFA
- Identifier: http://hdl.handle.net/10962/60458 , vital:27782
- Description: I am rioting against a system of my own beliefs about the world. In my mind, I struggle to overcome these beliefs, hence, I construct the psychological riot as ‘the disturbance of the mind’. In this mini-thesis, I argue that it exists in the psyche too. This definition of psyche becomes painterly. My psychological riot is difficult to trace, let alone paint. The beliefs that I target are patriarchy within a post-colonial context. I use theories that are simultaneously psychological and corporeal. They address violence colonialist system. The psychological riot is an practical submission.
- Full Text:
- Date Issued: 2018
- Authors: Ng’ok, Ivy Chemutai
- Date: 2018
- Subjects: Painting -- South Africa , Painting -- Psychological aspects , Distress (Psychology) in art , Imperialism in art , Violence in art , Patriarchy in art Political art
- Language: English
- Type: text , Thesis , Masters , MFA
- Identifier: http://hdl.handle.net/10962/60458 , vital:27782
- Description: I am rioting against a system of my own beliefs about the world. In my mind, I struggle to overcome these beliefs, hence, I construct the psychological riot as ‘the disturbance of the mind’. In this mini-thesis, I argue that it exists in the psyche too. This definition of psyche becomes painterly. My psychological riot is difficult to trace, let alone paint. The beliefs that I target are patriarchy within a post-colonial context. I use theories that are simultaneously psychological and corporeal. They address violence colonialist system. The psychological riot is an practical submission.
- Full Text:
- Date Issued: 2018
An analysis of organisational culture in a restaurant in Grahamstown, South Africa
- Authors: Kamona, Oabona Bonnie
- Date: 2017
- Subjects: Corporate culture -- Case studies , Corporate culture -- South Africa -- Makhanda -- Case studies , Restaurants-- South Africa -- Makhanda -- Management , Saints Bistro (Makhanda, South Africa)
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10962/8178 , vital:21363
- Description: This study investigates organisational culture and shared values that currently exist at Saint’s Bistro in Grahamstown along with the desired organisational culture and desired values. In particular it explores possible discrepancies between the two using the reliable and valid Competing Values Framework (CVF) and its matched scale, the Organisational Culture Assessment Instrument (OCAI) and the Shared Values Survey. McDonald and Gandz (1992: 64-67) discovered 24 shared values that correlate with modern business and where each value ties in with one of the four quadrants of the CVF. The researcher found a study conducted by Burchell and Saele (2011: 512) which is a cultural study based on the CVF working in conjunction with shared values survey to analyse a situation and it presented an improved means of investigating culture and values related facets within an organisation. The aim of this study is to examine the existing culture and subsequently make recommendations that can create alignment between what is currently experienced and what is desired in the organisation, if it is found that misalignment exists. This research presents a study using a paper based survey conducted in a restaurant in Grahamstown, South Africa. The results are based on the use of the OCAI in conjunction with organisational shared values profiles. The study revealed that there is no significant gap between the current organisational culture and the desired organisational culture within the organisation. Due to these findings, the research established that a structured strategy for maintaining the organisational culture should be developed in order to sustain the existing organisational culture that can be used when recruiting and on-boarding new employees in the future. The research is significant in that it highlighted a link between the competing values framework and the shared values survey and this will contribute to the effective analysis of organisational culture in future culture research.
- Full Text:
- Date Issued: 2017
- Authors: Kamona, Oabona Bonnie
- Date: 2017
- Subjects: Corporate culture -- Case studies , Corporate culture -- South Africa -- Makhanda -- Case studies , Restaurants-- South Africa -- Makhanda -- Management , Saints Bistro (Makhanda, South Africa)
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10962/8178 , vital:21363
- Description: This study investigates organisational culture and shared values that currently exist at Saint’s Bistro in Grahamstown along with the desired organisational culture and desired values. In particular it explores possible discrepancies between the two using the reliable and valid Competing Values Framework (CVF) and its matched scale, the Organisational Culture Assessment Instrument (OCAI) and the Shared Values Survey. McDonald and Gandz (1992: 64-67) discovered 24 shared values that correlate with modern business and where each value ties in with one of the four quadrants of the CVF. The researcher found a study conducted by Burchell and Saele (2011: 512) which is a cultural study based on the CVF working in conjunction with shared values survey to analyse a situation and it presented an improved means of investigating culture and values related facets within an organisation. The aim of this study is to examine the existing culture and subsequently make recommendations that can create alignment between what is currently experienced and what is desired in the organisation, if it is found that misalignment exists. This research presents a study using a paper based survey conducted in a restaurant in Grahamstown, South Africa. The results are based on the use of the OCAI in conjunction with organisational shared values profiles. The study revealed that there is no significant gap between the current organisational culture and the desired organisational culture within the organisation. Due to these findings, the research established that a structured strategy for maintaining the organisational culture should be developed in order to sustain the existing organisational culture that can be used when recruiting and on-boarding new employees in the future. The research is significant in that it highlighted a link between the competing values framework and the shared values survey and this will contribute to the effective analysis of organisational culture in future culture research.
- Full Text:
- Date Issued: 2017
Enabling green skills: Pathways to sustainable development
- Ramsarup, Presha, Ward, Mike, Rosenberg, Eureta, Jenkin, Nicola P, Lotz-Sisitka, Heila
- Authors: Ramsarup, Presha , Ward, Mike , Rosenberg, Eureta , Jenkin, Nicola P , Lotz-Sisitka, Heila
- Date: 2017
- Subjects: To be catalogued
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/436702 , vital:73294 , ISBN 978-0-620-79605-7 , https://www.vetafrica4-0.com/wp-content/uploads/2020/02/Green-Skills-Sourcebook-Jul18.pdf
- Description: The purpose of this source book is to support skills planning entities to work with employers to identify and anticipate green skills needs and to build these needs into occupational de-scriptors and sector skills plans. Thus, the source book com-plements the existing Enabling Document (DEA, 2010b) and provides guidelines to support Sector Education and Training Authorities (SETAs) to embed environmental considerations, related occupations and green skills into their skills planning processes.
- Full Text:
- Date Issued: 2017
- Authors: Ramsarup, Presha , Ward, Mike , Rosenberg, Eureta , Jenkin, Nicola P , Lotz-Sisitka, Heila
- Date: 2017
- Subjects: To be catalogued
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/436702 , vital:73294 , ISBN 978-0-620-79605-7 , https://www.vetafrica4-0.com/wp-content/uploads/2020/02/Green-Skills-Sourcebook-Jul18.pdf
- Description: The purpose of this source book is to support skills planning entities to work with employers to identify and anticipate green skills needs and to build these needs into occupational de-scriptors and sector skills plans. Thus, the source book com-plements the existing Enabling Document (DEA, 2010b) and provides guidelines to support Sector Education and Training Authorities (SETAs) to embed environmental considerations, related occupations and green skills into their skills planning processes.
- Full Text:
- Date Issued: 2017
The illegal diamond trade in South Africa and its tax consequences
- Authors: Kumm-Schmidt, Megan
- Date: 2017
- Subjects: Diamond industry and trade -- South Africa , Diamond industry and trade -- Corrupt practices -- South Africa , Diamond industry and trade -- South Africa -- Taxation , Conflict diamonds -- South Africa , Income tax -- Law and legislation -- South Africa , Tax evasion -- South Africa , South Africa. Income Tax Act, 1962 , South Africa. Prevention and Combating of Corrupt Activities Act, 2004 , South Africa. Tax Administration Act, 2011 , South Africa. ǂt Value-Added Tax Act, 1991 , Kimberley Process Certification Scheme
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10962/4389 , vital:20656
- Description: The object of the research was to discuss the taxability of the illegal diamond trade in South Africa and to identify the consequences of not declaring income obtained from the illegal diamond trade to the South African Revenue Services. The research was conducted by means of a critical analysis of documentary data with specific reference to the Income Tax Act, the Value-Added Tax (VAT) Act, the Tax Administration Act and relevant case law. The Income Tax Act and the Value-Added Tax Act were referred to in relation to the tax consequences of the illegal diamond trade and the Tax Administration Act was used to determine the consequences of not declaring income to the South African Revenue Services. It was established that amounts received from the sale of illegal diamonds are to be included in the taxpayer's gross income, whilst in relation to income received from diamond theft it was not as clear. The MP Finance Group case held that the nature of the receipt and the way in which the transaction occurred in each individual situation will be the deciding factor as to whether or not the stolen diamonds will be taxable in the hands of the thief. The buying and selling of "blood" or stolen diamonds can amount to a trade. As there have been no definitive case decisions in South Africa, it remains unclear whether expenses relating to an illegal trade are deductible. Assuming that expenses relating to an illegal trade are deductible, the provisions of section 11(a) will apply to expenses incurred as a result of dealing in illegal diamonds and it was concluded that qualifying expenses will be deductible. A taxpayer buying and selling "blood" or stolen diamonds is required to register for VAT if sales exceed the threshold and would be required to account for VAT on these transactions. If the taxpayer does not declare the income for income tax purposes or register for and pay VAT to the South African Revenue Services from either the sale of illegal diamonds or the theft of diamonds, this will amount to tax evasion and the dealer will be subject to penalties and even imprisonment
- Full Text:
- Date Issued: 2017
- Authors: Kumm-Schmidt, Megan
- Date: 2017
- Subjects: Diamond industry and trade -- South Africa , Diamond industry and trade -- Corrupt practices -- South Africa , Diamond industry and trade -- South Africa -- Taxation , Conflict diamonds -- South Africa , Income tax -- Law and legislation -- South Africa , Tax evasion -- South Africa , South Africa. Income Tax Act, 1962 , South Africa. Prevention and Combating of Corrupt Activities Act, 2004 , South Africa. Tax Administration Act, 2011 , South Africa. ǂt Value-Added Tax Act, 1991 , Kimberley Process Certification Scheme
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10962/4389 , vital:20656
- Description: The object of the research was to discuss the taxability of the illegal diamond trade in South Africa and to identify the consequences of not declaring income obtained from the illegal diamond trade to the South African Revenue Services. The research was conducted by means of a critical analysis of documentary data with specific reference to the Income Tax Act, the Value-Added Tax (VAT) Act, the Tax Administration Act and relevant case law. The Income Tax Act and the Value-Added Tax Act were referred to in relation to the tax consequences of the illegal diamond trade and the Tax Administration Act was used to determine the consequences of not declaring income to the South African Revenue Services. It was established that amounts received from the sale of illegal diamonds are to be included in the taxpayer's gross income, whilst in relation to income received from diamond theft it was not as clear. The MP Finance Group case held that the nature of the receipt and the way in which the transaction occurred in each individual situation will be the deciding factor as to whether or not the stolen diamonds will be taxable in the hands of the thief. The buying and selling of "blood" or stolen diamonds can amount to a trade. As there have been no definitive case decisions in South Africa, it remains unclear whether expenses relating to an illegal trade are deductible. Assuming that expenses relating to an illegal trade are deductible, the provisions of section 11(a) will apply to expenses incurred as a result of dealing in illegal diamonds and it was concluded that qualifying expenses will be deductible. A taxpayer buying and selling "blood" or stolen diamonds is required to register for VAT if sales exceed the threshold and would be required to account for VAT on these transactions. If the taxpayer does not declare the income for income tax purposes or register for and pay VAT to the South African Revenue Services from either the sale of illegal diamonds or the theft of diamonds, this will amount to tax evasion and the dealer will be subject to penalties and even imprisonment
- Full Text:
- Date Issued: 2017
Monitoring of invertebrate and fish recovery following river rehabilitation using rotenone in the Rondegat River
- Weyl, Olaf L F, Barrow, S, Bellingan, Terence A, Dalu, Tatenda, Ellender, Bruce R, Esler, K, Impson, D, Gouws, Jeanne, Jordaan, M, Villet, Martin H, Wasserman, Ryan J, Woodford, Darragh J
- Authors: Weyl, Olaf L F , Barrow, S , Bellingan, Terence A , Dalu, Tatenda , Ellender, Bruce R , Esler, K , Impson, D , Gouws, Jeanne , Jordaan, M , Villet, Martin H , Wasserman, Ryan J , Woodford, Darragh J
- Date: 2016
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/442411 , vital:73982 , https://www.wrc.org.za/wp-content/uploads/mdocs/2261.pdf
- Description: Fish invasions have been cited as a primary threat to imperilled South African fishes and other aquatic fauna. As a result, the management and control of alien invasive species is a legislated priority in South Africa. From a river rehabilitation perspective, eradicating alien fish allows for the rehabilitation of several kilometres of river, with very significant benefits for the endangered fish species present and for the associated aquatic biota. In South Africa, the piscicide rotenone is one of the preferred methods for achieving eradication.
- Full Text:
- Date Issued: 2016
- Authors: Weyl, Olaf L F , Barrow, S , Bellingan, Terence A , Dalu, Tatenda , Ellender, Bruce R , Esler, K , Impson, D , Gouws, Jeanne , Jordaan, M , Villet, Martin H , Wasserman, Ryan J , Woodford, Darragh J
- Date: 2016
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/442411 , vital:73982 , https://www.wrc.org.za/wp-content/uploads/mdocs/2261.pdf
- Description: Fish invasions have been cited as a primary threat to imperilled South African fishes and other aquatic fauna. As a result, the management and control of alien invasive species is a legislated priority in South Africa. From a river rehabilitation perspective, eradicating alien fish allows for the rehabilitation of several kilometres of river, with very significant benefits for the endangered fish species present and for the associated aquatic biota. In South Africa, the piscicide rotenone is one of the preferred methods for achieving eradication.
- Full Text:
- Date Issued: 2016
Report of the multidisciplinary investigation of differentiation and potential hybridisation between two Yellowfish species Labeobarbus Kimberleyensis and L. Aeneus from the Orange-Vaal system
- Bloomer, Paulette, Villet, Martin H, Bills, Ian R, Van der Bank, F Herman, Jones, Nick, Walsh, Gina
- Authors: Bloomer, Paulette , Villet, Martin H , Bills, Ian R , Van der Bank, F Herman , Jones, Nick , Walsh, Gina
- Date: 2007
- Language: English
- Type: Report
- Identifier: vital:7162 , http://hdl.handle.net/10962/d1011937
- Description: From the executive summary]: The relationships within and between two yellowfish species, Labeobarbus aeneus (smallmouth yellowfish) and L. kimberleyensis (largemouth yellowfish) from the Orange-Vaal system were investigated through three independently conducted studies of the same material collected from the Sak River (the type locality of L. aeneus), the upper Orange River at Aliwal North and the lower Orange River at Pella and Onseepkans.
- Full Text:
- Date Issued: 2007
- Authors: Bloomer, Paulette , Villet, Martin H , Bills, Ian R , Van der Bank, F Herman , Jones, Nick , Walsh, Gina
- Date: 2007
- Language: English
- Type: Report
- Identifier: vital:7162 , http://hdl.handle.net/10962/d1011937
- Description: From the executive summary]: The relationships within and between two yellowfish species, Labeobarbus aeneus (smallmouth yellowfish) and L. kimberleyensis (largemouth yellowfish) from the Orange-Vaal system were investigated through three independently conducted studies of the same material collected from the Sak River (the type locality of L. aeneus), the upper Orange River at Aliwal North and the lower Orange River at Pella and Onseepkans.
- Full Text:
- Date Issued: 2007
An appraisal of strike law in South Africa
- Authors: Crompton, Mark Stanley
- Date: 2005
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11038 , http://hdl.handle.net/10948/379 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Description: The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to the introduction of a more inclusive system of regulation, which has in turn been modified to bring the law into line with the new constitutional imperatives. Industrial action occurred, often unregulated and regardless of statutory limitations, and in particular that industrial action which related to mass protest action, now recognized as a specific form of strike. The now repealed Labour Relations Act 28 of 1956 is examined with regard to its strike regulating provisions, and identification of what were then new, unrecognized forms of strike action. It has allowed concepts and principles to be developed, under the unfair labour practice jurisdiction of the Industrial Court, much of which has been incorporated in the new Labour Relations Act. The legislation on strike law, which has been developed over the years, has been refined by the constitutional imperatives introduced to the national legal system. The relevant aspects of the new Constitution Act 108 of 1996 and its pervasive effect on strike law are examined. The right to strike in South African labour law, together with the protection of collective bargaining, is now constitutionally entrenched, and the right to strike is now accepted as a necessary adjunct to collective bargaining. It is necessary to give effect to the Constitution in national legislation, and the Labour Relations Act 66 of 1995 endeavours to accomplish this in chapter IV in regard to strike law, which, it could be argued, limits rather than gives expression to the right to strike. iii The Labour Relations Act of 1995 is then discussed with reference to protected and prohibited strikes, and unregulated strike action. It will be evident that the Act has endeavoured to contain unprocedural and productivity draining industrial action, by subjecting rights disputes to arbitration and Labour Court adjudication, subject to certain exceptions. The recourse to lock-out, as the employer’s prerogative and general corollary of strike action, is briefly discussed. The case law relating to strikes is discussed in respect of both the 1956 Act and the new Labour Relations Act of 1995. Among the issues explored are the strike provisions which have been developed in statute and labour related common law, such as the identification of issues in dispute, notice of strike, the issuing of ultimatums, the audi altarem partem rule and the court’s approach to protected and unprotected strikes. The intention is to determine trends resulting from amendments to the law and draw inferences regarding, in particular, the unregulated form of strikes that occur within the scope of the protections offered by the Act. It is the intention to determine whether the desired effect has been achieved by implementing legislative reforms in response to public policy considerations.
- Full Text:
- Date Issued: 2005
- Authors: Crompton, Mark Stanley
- Date: 2005
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11038 , http://hdl.handle.net/10948/379 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa
- Description: The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to the introduction of a more inclusive system of regulation, which has in turn been modified to bring the law into line with the new constitutional imperatives. Industrial action occurred, often unregulated and regardless of statutory limitations, and in particular that industrial action which related to mass protest action, now recognized as a specific form of strike. The now repealed Labour Relations Act 28 of 1956 is examined with regard to its strike regulating provisions, and identification of what were then new, unrecognized forms of strike action. It has allowed concepts and principles to be developed, under the unfair labour practice jurisdiction of the Industrial Court, much of which has been incorporated in the new Labour Relations Act. The legislation on strike law, which has been developed over the years, has been refined by the constitutional imperatives introduced to the national legal system. The relevant aspects of the new Constitution Act 108 of 1996 and its pervasive effect on strike law are examined. The right to strike in South African labour law, together with the protection of collective bargaining, is now constitutionally entrenched, and the right to strike is now accepted as a necessary adjunct to collective bargaining. It is necessary to give effect to the Constitution in national legislation, and the Labour Relations Act 66 of 1995 endeavours to accomplish this in chapter IV in regard to strike law, which, it could be argued, limits rather than gives expression to the right to strike. iii The Labour Relations Act of 1995 is then discussed with reference to protected and prohibited strikes, and unregulated strike action. It will be evident that the Act has endeavoured to contain unprocedural and productivity draining industrial action, by subjecting rights disputes to arbitration and Labour Court adjudication, subject to certain exceptions. The recourse to lock-out, as the employer’s prerogative and general corollary of strike action, is briefly discussed. The case law relating to strikes is discussed in respect of both the 1956 Act and the new Labour Relations Act of 1995. Among the issues explored are the strike provisions which have been developed in statute and labour related common law, such as the identification of issues in dispute, notice of strike, the issuing of ultimatums, the audi altarem partem rule and the court’s approach to protected and unprotected strikes. The intention is to determine trends resulting from amendments to the law and draw inferences regarding, in particular, the unregulated form of strikes that occur within the scope of the protections offered by the Act. It is the intention to determine whether the desired effect has been achieved by implementing legislative reforms in response to public policy considerations.
- Full Text:
- Date Issued: 2005
May Day is ours
- SACTWU
- Authors: SACTWU
- Date: Apr 2001
- Subjects: SACTWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/110743 , vital:33328
- Description: Cosatu has decided that May Day 2001 should focus on our campaign for jobs, and highlight the International Labour Organisation (ILO’s) Declaration on Fundamental Principles and Rights at Work and its Follow-up. This is an important document. Adopted by the ILO’s International Labour Conference on 18 June 1998, it arose out of "...concerns in the international community over the processes of globalisation and the social consequences of trade liberalisation...." The Declaration commits member countries to respect the following four core categories of fundamental rights at work, to promote it and to work for it to be universally achieved: • Freedom of association and the effective recognition of the right to collective bargaining; • The elimination of all forms of forced or compulsory labour; • The effective abolition of child labour; • The elimination of discrimination in respect of employment and occupation. The Declaration, importantly, emphasises that all member countries have an obligation to respect these fundamental principles, irrespective of whether they have or have not ratified the relevant ILO Conventions. As part of this special May Day edition of the Sactwu Shop Stewards’ Bulletin, we reproduce the entire Declaration and its Follow-up. Discuss, debate and report back!
- Full Text:
- Date Issued: Apr 2001
- Authors: SACTWU
- Date: Apr 2001
- Subjects: SACTWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/110743 , vital:33328
- Description: Cosatu has decided that May Day 2001 should focus on our campaign for jobs, and highlight the International Labour Organisation (ILO’s) Declaration on Fundamental Principles and Rights at Work and its Follow-up. This is an important document. Adopted by the ILO’s International Labour Conference on 18 June 1998, it arose out of "...concerns in the international community over the processes of globalisation and the social consequences of trade liberalisation...." The Declaration commits member countries to respect the following four core categories of fundamental rights at work, to promote it and to work for it to be universally achieved: • Freedom of association and the effective recognition of the right to collective bargaining; • The elimination of all forms of forced or compulsory labour; • The effective abolition of child labour; • The elimination of discrimination in respect of employment and occupation. The Declaration, importantly, emphasises that all member countries have an obligation to respect these fundamental principles, irrespective of whether they have or have not ratified the relevant ILO Conventions. As part of this special May Day edition of the Sactwu Shop Stewards’ Bulletin, we reproduce the entire Declaration and its Follow-up. Discuss, debate and report back!
- Full Text:
- Date Issued: Apr 2001
May Day is ours - Crush poverty create quality jobs
- SACTWU
- Authors: SACTWU
- Date: Apr 2001
- Subjects: SACTWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/111041 , vital:33367
- Description: Cosatu has decided that May Day 2001 should focus on our campaign for jobs, and highlight the International Labour Organisation (ILO’s) Declaration on Fundamental Principles and Rights at Work and its Follow-up. This is an important document. Adopted by the ILO’s International Labour Conference on 18 June 1998, it arose out of "...concerns in the international community over the processes of globalisation and the social consequences of trade liberalisation." The Declaration commits member countries to respect the following four core categories of fundamental rights at work, to promote it and to work for it to be universally achieved: Freedom of association and the effective recognition of the right to collective bargaining; The elimination of all forms of forced or compulsory labour; The effective abolition of child labour; The elimination of discrimination in respect of employment and occupation. The Declaration, importantly, emphasises that all member countries have an obligation to respect these fundamental principles, irrespective of whether they have or have not ratified the relevant ILO Conventions. As part of this special May Day edition of the Sactwu Shop Stewards’ Bulletin, we reproduce the entire Declaration and its Follow-up. Discuss, debate and report back!
- Full Text:
- Date Issued: Apr 2001
- Authors: SACTWU
- Date: Apr 2001
- Subjects: SACTWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/111041 , vital:33367
- Description: Cosatu has decided that May Day 2001 should focus on our campaign for jobs, and highlight the International Labour Organisation (ILO’s) Declaration on Fundamental Principles and Rights at Work and its Follow-up. This is an important document. Adopted by the ILO’s International Labour Conference on 18 June 1998, it arose out of "...concerns in the international community over the processes of globalisation and the social consequences of trade liberalisation." The Declaration commits member countries to respect the following four core categories of fundamental rights at work, to promote it and to work for it to be universally achieved: Freedom of association and the effective recognition of the right to collective bargaining; The elimination of all forms of forced or compulsory labour; The effective abolition of child labour; The elimination of discrimination in respect of employment and occupation. The Declaration, importantly, emphasises that all member countries have an obligation to respect these fundamental principles, irrespective of whether they have or have not ratified the relevant ILO Conventions. As part of this special May Day edition of the Sactwu Shop Stewards’ Bulletin, we reproduce the entire Declaration and its Follow-up. Discuss, debate and report back!
- Full Text:
- Date Issued: Apr 2001
The distinction between a contract of employment and a contract with an independent contractor
- Authors: Slater, Henry John
- Date: 2001
- Subjects: Labor contract -- South Africa , Independent contractors -- South Africa , Contracts -- South Africa -- Cases , Liability (Law) -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11060 , http://hdl.handle.net/10948/276 , Labor contract -- South Africa , Independent contractors -- South Africa , Contracts -- South Africa -- Cases , Liability (Law) -- South Africa , Labor laws and legislation -- South Africa
- Description: The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.
- Full Text:
- Date Issued: 2001
- Authors: Slater, Henry John
- Date: 2001
- Subjects: Labor contract -- South Africa , Independent contractors -- South Africa , Contracts -- South Africa -- Cases , Liability (Law) -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11060 , http://hdl.handle.net/10948/276 , Labor contract -- South Africa , Independent contractors -- South Africa , Contracts -- South Africa -- Cases , Liability (Law) -- South Africa , Labor laws and legislation -- South Africa
- Description: The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.
- Full Text:
- Date Issued: 2001
SACTWU - Shop Stewards Bulletin No.9
- SACTWU
- Authors: SACTWU
- Date: Apr 1999
- Subjects: SACTWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/116962 , vital:34463
- Description: This year’s May Day celebrations will take on a special meaning and character. It constitutes an important date in the tripartite alliance’s 1999 general elections campaign. This is an important opportunity for workers to pause, and to reflect on our achievements over the last five years of democratic rule. Are workers better off than before? Have our rights been strengthened or weakened? It is also an important moment for workers to deliberate on the future challenges, as we approach the election of our second democratic government. Do we expect workers to become better off? Will our rights be strengthened or attacked? Over the past five years, many new laws have been placed before our first-ever- democratic parliament. All the new laws have been important to cement our democracy, and to bury apartheid. Some laws, like the adoption of the new constitution (with an enshrined right to strike!), the Public Holidays Act, the Basic Conditions of Employment Act, the Labour Relations Act, the Skills Development Act, the Restitution of Land Act, and the Employment Equity Act, have special significance for workers. It has advanced and strengthened our rights. It has given us a good platform of worker rights from which to further our fight for a better life for workers. In parliament, some parties have voted for these new laws - others have voted against them. As we approach the June 2nd general election, there will be many . sweet promises on many issues, by all the different political parties. We must be clear, and judge the parties by their record: have they voted for or against worker rights over the past five years? Strong worker rights strengthen worker power. Strong worker power helps workers in their fight for a better life. We must call on our members to vote for a party which has strengthened worker power. Vote for a party which has voted for worker rights over the last five years!
- Full Text:
- Date Issued: Apr 1999
- Authors: SACTWU
- Date: Apr 1999
- Subjects: SACTWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/116962 , vital:34463
- Description: This year’s May Day celebrations will take on a special meaning and character. It constitutes an important date in the tripartite alliance’s 1999 general elections campaign. This is an important opportunity for workers to pause, and to reflect on our achievements over the last five years of democratic rule. Are workers better off than before? Have our rights been strengthened or weakened? It is also an important moment for workers to deliberate on the future challenges, as we approach the election of our second democratic government. Do we expect workers to become better off? Will our rights be strengthened or attacked? Over the past five years, many new laws have been placed before our first-ever- democratic parliament. All the new laws have been important to cement our democracy, and to bury apartheid. Some laws, like the adoption of the new constitution (with an enshrined right to strike!), the Public Holidays Act, the Basic Conditions of Employment Act, the Labour Relations Act, the Skills Development Act, the Restitution of Land Act, and the Employment Equity Act, have special significance for workers. It has advanced and strengthened our rights. It has given us a good platform of worker rights from which to further our fight for a better life for workers. In parliament, some parties have voted for these new laws - others have voted against them. As we approach the June 2nd general election, there will be many . sweet promises on many issues, by all the different political parties. We must be clear, and judge the parties by their record: have they voted for or against worker rights over the past five years? Strong worker rights strengthen worker power. Strong worker power helps workers in their fight for a better life. We must call on our members to vote for a party which has strengthened worker power. Vote for a party which has voted for worker rights over the last five years!
- Full Text:
- Date Issued: Apr 1999
Structural relationships between government and civil society organisations
- Authors: Advisory Committee
- Date: 1997-03
- Subjects: Non-governmental organizations -- South Africa , Civil society -- South Africa , Economic development projects -- South Africa , Social development planning -- Government policy -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/65958 , vital:28865
- Description: 1. BACKGROUND 1.1 The key aspects on which the Committee was charged to advise the Deputy President on were: • the appropriate and functional relationships that could be evolved between government and organs of civil society with respect to the provision of capacity for the implementation of the RDP; • the feasibility of an appropriate funding mechanism that would enable a co-ordinated approach to the funding of civil society organisations, the relationships of such a mechanism with current development funding players and other transitional mechanisms; • a mechanism to promote a sustainable partnership between these organisations with government. KEY FINDINGS OF THE COMMITTEE After careful consideration of all pertinent factors, the Committee established that: 2. 1 In spite of broad support for the RDP, there is no coordinated approach to tackling poverty. Government has been able to attract aid and has not found it easy to use such large funding owing to processes of change management and the processes of setting up local government infrastructures. Concomitant with these issues is the lack of management skills at the Government levels. 2. 2 Organs of civil society involved in development work in South Africa remain a rich inheritance for the Government of National Unity. These institutions, generally referred to as Community Based Organisations (CBOs) or Non-Government Organisations (NGOs) span a wide variety of the development landscape. These organs of Civil Society seek to fuel the development agenda of South Africa through participation in the RDP, but have often found themselves frustrated by the lack of clear policy and connecting points with Government in general. 2. 3 Experience from other countries show that the role of CSOs in development and the sustenance of democracy is a key feature of advanced democracies. Foreign research proved that cooperation between CSOs and various tiers government has often produced positive results. Owing to their affinity, empathy and proximity to the broader populace CSOs have always proved to be effective in meeting the basic needs of the population they serve. 2. 4 The initial energizing force for development which broadly funded the CSO sector has transformed. Local development funding institutions have developed a new focus and business approach. The Kagiso Trust and the IDT are gearing themselves to operate as development implementation institutions as against solely the funding of development and the facilitation of funding for development initiatives. 2. 5 Foreign aid funding, money which was historically marked for CSOs, is largely being directly channeled to Government. This source of funding has progressively declined since the 1994 elections. Indications are that this pattern is likely to continue as erstwhile traditional International Aid donors prefer bilateral funding arrangements with government. Corporate grant funding which in any case has always been limited to the CSO sector will continue to flow to corporate programmes and will remain a significant factor to this sector. 2. 6 Development CSOs operate within a restrictive environment in respect of taxation and registration. 2.7 There is broad and significant support for a positive structural relationship and a coordinated funding mechanism between CSOs and Government to promote the objectives and principles of the RDP. 2.8 The need to establish a channel of communication between CSOs and government. Through this mechanism, government and CSOs would be able to agree on RDP and development. , Prepared for the Deputy President the Honorable Mr Thabo Mbeki
- Full Text:
- Date Issued: 1997-03
- Authors: Advisory Committee
- Date: 1997-03
- Subjects: Non-governmental organizations -- South Africa , Civil society -- South Africa , Economic development projects -- South Africa , Social development planning -- Government policy -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/65958 , vital:28865
- Description: 1. BACKGROUND 1.1 The key aspects on which the Committee was charged to advise the Deputy President on were: • the appropriate and functional relationships that could be evolved between government and organs of civil society with respect to the provision of capacity for the implementation of the RDP; • the feasibility of an appropriate funding mechanism that would enable a co-ordinated approach to the funding of civil society organisations, the relationships of such a mechanism with current development funding players and other transitional mechanisms; • a mechanism to promote a sustainable partnership between these organisations with government. KEY FINDINGS OF THE COMMITTEE After careful consideration of all pertinent factors, the Committee established that: 2. 1 In spite of broad support for the RDP, there is no coordinated approach to tackling poverty. Government has been able to attract aid and has not found it easy to use such large funding owing to processes of change management and the processes of setting up local government infrastructures. Concomitant with these issues is the lack of management skills at the Government levels. 2. 2 Organs of civil society involved in development work in South Africa remain a rich inheritance for the Government of National Unity. These institutions, generally referred to as Community Based Organisations (CBOs) or Non-Government Organisations (NGOs) span a wide variety of the development landscape. These organs of Civil Society seek to fuel the development agenda of South Africa through participation in the RDP, but have often found themselves frustrated by the lack of clear policy and connecting points with Government in general. 2. 3 Experience from other countries show that the role of CSOs in development and the sustenance of democracy is a key feature of advanced democracies. Foreign research proved that cooperation between CSOs and various tiers government has often produced positive results. Owing to their affinity, empathy and proximity to the broader populace CSOs have always proved to be effective in meeting the basic needs of the population they serve. 2. 4 The initial energizing force for development which broadly funded the CSO sector has transformed. Local development funding institutions have developed a new focus and business approach. The Kagiso Trust and the IDT are gearing themselves to operate as development implementation institutions as against solely the funding of development and the facilitation of funding for development initiatives. 2. 5 Foreign aid funding, money which was historically marked for CSOs, is largely being directly channeled to Government. This source of funding has progressively declined since the 1994 elections. Indications are that this pattern is likely to continue as erstwhile traditional International Aid donors prefer bilateral funding arrangements with government. Corporate grant funding which in any case has always been limited to the CSO sector will continue to flow to corporate programmes and will remain a significant factor to this sector. 2. 6 Development CSOs operate within a restrictive environment in respect of taxation and registration. 2.7 There is broad and significant support for a positive structural relationship and a coordinated funding mechanism between CSOs and Government to promote the objectives and principles of the RDP. 2.8 The need to establish a channel of communication between CSOs and government. Through this mechanism, government and CSOs would be able to agree on RDP and development. , Prepared for the Deputy President the Honorable Mr Thabo Mbeki
- Full Text:
- Date Issued: 1997-03
Greening the RDP: people, environment, development: report of proceedings [of the] Environmental Justice Networking Forum Constitutive Conference, Kempton Park Conference Centre, 25-27 November 1994
- Hallowes, David, Butler, Mark, Fig, David, Knill, Greg, Penny, Roben, Watkins, Gillian, Wiley, David
- Authors: Hallowes, David , Butler, Mark , Fig, David , Knill, Greg , Penny, Roben , Watkins, Gillian , Wiley, David
- Date: 1994-11-25
- Subjects: Reconstruction and Development Programme (South Africa) , Land use -- South Africa , Environmental policy -- Economic aspects -- South Africa -- Congresses , Environmental protection -- South Africa -- Congresses , Conservation of natural resources -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/69373 , vital:29509
- Description: The Environmental Justice Networking Forum’s first national conference had three major objectives: to constitute the organisation on a national basis; to make policy recommendations regarding the implementation of the RDP both for submission to government and as a guide to action by EJNFparticipants; to build and disseminate the workof thelDRC/ANC/ COSATU/ SACP/ SANCO International Mission on Environmental Policy (referred to here as the Mission). EJNF was in itiated at the Earthlife Africa International Environment Conference in 1992 at Pietermaritzburg. That conference mandated an interim national steering committee to guide a process of establishing an organised voice within civil society for environmental justice. It stipulated that the organisation should be formed on a regional basis leading up to the national constitution of EJNF at a national conference. The EJNF conference is thus the culmination of a two year process. During that time, meetings were held to establish EJNF in six regions: Gauteng, Northern Transvaal, Western Cape, Eastern Cape, KwaZulu- Natal and OFS. Participating organisations include women’s, rural, youth, religious and environmental organisations, unions, civics and service NGOs. Each region sent delegations to the national conference. Two other regions, Eastern Transvaal and Northern Cape, also sent delegations which will form the focus groups for establishing EJNF in those regions. Regional EJNF participant organisations also elected members to the national steering committee. They took office at the constitutive conference. The minutes of the constitutive session of the conference are not included here but are available from the EJNF national office. The EJNF delegates were joined by a number of guest delegates for the conference on Greening the RDP. They included members of national organisations which represent or work with the constitutuencies which EJNF is developing and researchers working in the sectors covered by the conference. Government was represented by Ministers Kader Asmal (Water Affairs) and Derek Hanekom (Land Affairs), by provincial MECs, by members of standing committees in parliament and provincial legislatures andby ministry or department officials.
- Full Text:
- Date Issued: 1994-11-25
- Authors: Hallowes, David , Butler, Mark , Fig, David , Knill, Greg , Penny, Roben , Watkins, Gillian , Wiley, David
- Date: 1994-11-25
- Subjects: Reconstruction and Development Programme (South Africa) , Land use -- South Africa , Environmental policy -- Economic aspects -- South Africa -- Congresses , Environmental protection -- South Africa -- Congresses , Conservation of natural resources -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/69373 , vital:29509
- Description: The Environmental Justice Networking Forum’s first national conference had three major objectives: to constitute the organisation on a national basis; to make policy recommendations regarding the implementation of the RDP both for submission to government and as a guide to action by EJNFparticipants; to build and disseminate the workof thelDRC/ANC/ COSATU/ SACP/ SANCO International Mission on Environmental Policy (referred to here as the Mission). EJNF was in itiated at the Earthlife Africa International Environment Conference in 1992 at Pietermaritzburg. That conference mandated an interim national steering committee to guide a process of establishing an organised voice within civil society for environmental justice. It stipulated that the organisation should be formed on a regional basis leading up to the national constitution of EJNF at a national conference. The EJNF conference is thus the culmination of a two year process. During that time, meetings were held to establish EJNF in six regions: Gauteng, Northern Transvaal, Western Cape, Eastern Cape, KwaZulu- Natal and OFS. Participating organisations include women’s, rural, youth, religious and environmental organisations, unions, civics and service NGOs. Each region sent delegations to the national conference. Two other regions, Eastern Transvaal and Northern Cape, also sent delegations which will form the focus groups for establishing EJNF in those regions. Regional EJNF participant organisations also elected members to the national steering committee. They took office at the constitutive conference. The minutes of the constitutive session of the conference are not included here but are available from the EJNF national office. The EJNF delegates were joined by a number of guest delegates for the conference on Greening the RDP. They included members of national organisations which represent or work with the constitutuencies which EJNF is developing and researchers working in the sectors covered by the conference. Government was represented by Ministers Kader Asmal (Water Affairs) and Derek Hanekom (Land Affairs), by provincial MECs, by members of standing committees in parliament and provincial legislatures andby ministry or department officials.
- Full Text:
- Date Issued: 1994-11-25
Enabling green skills: pathways to sustainable development : a source book to support planning for green economies 2017
- Ramsarup, Presha, Ward, Mike
- Authors: Ramsarup, Presha , Ward, Mike
- Subjects: Environmental education -- South Africa , Environmental education -- Study and teaching -- South Africa , Environmental education -- Curricula -- South Africa
- Language: English
- Type: Instructional and educational works , text
- Identifier: http://hdl.handle.net/10962/62694 , vital:28254 , 978-0-620-79605-7 , https://doi.org/10.21504/10962/62694
- Description: The purpose of this source book is to support skills planning entities to work with employers to identify and anticipate green skills needs and to build these needs into occupational descriptors and sector skills plans. Thus, the source book complements the existing Enabling Document (DEA, 2010b) and provides guidelines to support SETAs to embed environmental considerations, related occupations and green skills into their skills planning processes. Written by Presha Ramsarup and Mike Ward with contributions from Eureta Rosenberg, Nicola Jenkin and Heila Lotz-Sisitka. The Green Skills programme (2015-2018) helps key role players to plan for and develop green skills. It is a three-year programme funded by the Green Fund of the Department of Environmental Affairs (DEA) through the Development Bank of South Africa. The implementation partners include Rhodes University’s Environmental Learning Research Centre, the Centre for Researching Education and Labour (REAL) at Wits University, the University of Cape Town’s African Climate and Development Initiative (ACDI), the Further Education and Training Institute (FETI) at the University of the Western Cape, as well as several other environmental partners.
- Full Text:
- Authors: Ramsarup, Presha , Ward, Mike
- Subjects: Environmental education -- South Africa , Environmental education -- Study and teaching -- South Africa , Environmental education -- Curricula -- South Africa
- Language: English
- Type: Instructional and educational works , text
- Identifier: http://hdl.handle.net/10962/62694 , vital:28254 , 978-0-620-79605-7 , https://doi.org/10.21504/10962/62694
- Description: The purpose of this source book is to support skills planning entities to work with employers to identify and anticipate green skills needs and to build these needs into occupational descriptors and sector skills plans. Thus, the source book complements the existing Enabling Document (DEA, 2010b) and provides guidelines to support SETAs to embed environmental considerations, related occupations and green skills into their skills planning processes. Written by Presha Ramsarup and Mike Ward with contributions from Eureta Rosenberg, Nicola Jenkin and Heila Lotz-Sisitka. The Green Skills programme (2015-2018) helps key role players to plan for and develop green skills. It is a three-year programme funded by the Green Fund of the Department of Environmental Affairs (DEA) through the Development Bank of South Africa. The implementation partners include Rhodes University’s Environmental Learning Research Centre, the Centre for Researching Education and Labour (REAL) at Wits University, the University of Cape Town’s African Climate and Development Initiative (ACDI), the Further Education and Training Institute (FETI) at the University of the Western Cape, as well as several other environmental partners.
- Full Text:
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