The application of the law of evidence in disciplinary proceedings and proceedings before the CCMA and bargaining councils
- Authors: Jacobs, Clint Eveleigh , Thesis Advisor
- Date: 2019
- Subjects: Evidence (Law) -- South Africa , South Africa -- Commission for Conciliation, Mediation, and Arbitration Mediation and conciliation, Industrial -- South Africa Labor laws and legislation -- South Africa Collective bargaining -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/40095 , vital:35754
- Description: Humanity has since time immemorial tried to arrange and structure its societies and communities. It follows that most, if not all societies’ function within a body of rules. Governments put laws in place to ensure that order is maintained and they are developed over time and implemented as the needs of a particular society evolve. Law may be divided into substantive law and procedural law. The law of evidence forms an integral part of procedural law and consists of a compilation of legal rules that have been used by courts and other forums in order to ensure that consistent and fair processes are followed and standards maintained in courts when facts are to be determined.2 It sets out the framework for how the evidence of witnesses must be dealt with and also sets out how it should be interpreted. Furthermore, it prescribes the assessment and evaluation of evidentiary material. It is imperative that rules of evidence be in place in order to protect the integrity of the proceedings and to prevent unfairness. The law of evidence thus forms an integral part of the law of procedure. Although South African common law is Roman-Dutch Law, the South African law of evidence has originally been incorporated into South African law from English law and has been developed over the years through legislation and court judgments.3 The law of evidence is applicable to both civil and criminal proceedings. In fact, rules of evidence come into play in virtually all courts, tribunals and forums where the objective is to resolve some or other legal dispute. This treatise focuses on aspects relating to the rules of evidence, with specific reference to hearsay evidence, unconstitutionally obtained evidence, polygraph testing by employers, searches and seizures in the workplace and entrapment in the workplace.
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- Date Issued: 2019
The effects of the high rate of learner absenteeism in primary schools in Govan Mbeki area
- Authors: Sigwanda, Pakama Sylvia
- Date: 2017
- Subjects: School children -- South Africa -- Mpumalanga -- Social conditions Right to education -- South Africa -- Mpumalanga , Children's rights -- South Africa -- Mpumalanga
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/20394 , vital:29274
- Description: Since the advent of the democratic dispensation in 1994, the government of South Africa has made significant steps in addressing issues of national concern. One of the major highlights is a Bill of Rights, as stipulated in the South African Constitution, Act 106 of 1996, which states that every child has a right to basic education. However, in spite of compulsory education, an extremely high rate of absenteeism has been noticed in many primary schools of the Eastern Cape Province in the Nelson Mandela Metropolitan region. The purpose of this study was to develop a deeper understanding of the major factors that contribute to absenteeism in the Govan Mbeki area of the Nelson Mandela Metropolitan Region, with the ultimate aim of promoting school attendance among learners. Both quantitative and qualitative approaches were used to collect the data in two schools. Using purposive sampling, two schools in the Govan Mbeki area were identified. These two schools were known to have a high rate of learner absenteeism. In each of the schools – which, in this research, are referred to as school A and school B, 20 parents, 6 teachers and 20 learners (10 per school) were identified as participants. The major findings of this study show that the factors affecting school attendance are interlinked; and, they include – although they are not limited to – bullying, poverty in households, poor teacher-student relationships, a poor learning environment, and the underperformance of the learners, which, in turn, result in disinterested learners. The study recommends a joint engagement of school, homes and the Department of Education to develop mechanisms, which might help both parents and teachers to navigate potential solutions to curb the trend. Furthermore, there needs to be a concerted effort to reduce household poverty and to sensitize teachers of their responsibilities towards their learners.
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- Date Issued: 2017