An investigation of the causes of the housing backlog in the Nelson Mandela Bay Municipality: 2000 - 2014
- Authors: Soga, Ludwe Sydwell
- Date: 2017
- Subjects: Housing -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Public housing -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 , Housing policy -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Low-income housing -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Housing development -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Municipal services -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: http://hdl.handle.net/10948/20659 , vital:29369
- Description: The aim of this study was to investigate the causes of the housing backlog in the Nelson Mandela Bay Municipality from 2000 to 2014. Fifty participants which were two ward councilors and two PR councilors, four community development members, four ward committee members , twenty backyard dwellers from ward 17 and ward 18 and eighteen senior officials (project managers) from the Department of Human Settlement in the Nelson Mandela Metropolitan Municipality were purposively sampled for the study. A qualitative design was used. In-depth interviews were conducted to collect data to enable the researcher to ask open ended questions and explore the participants’ perspectives about the causes of housing backlog. The study revealed that the factors which are playing a role in this regard include the role played by the Eastern Cape Province in housing, the large portion of land which is privately owned, beneficiary management by municipal officials and political interference on the waiting list Metropolitan subsequently, recommendations for further research were made.
- Full Text:
- Date Issued: 2017
- Authors: Soga, Ludwe Sydwell
- Date: 2017
- Subjects: Housing -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Public housing -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 , Housing policy -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Low-income housing -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Housing development -- South Africa -- Nelson Mandela Bay Municipality -- 2000-2014 Municipal services -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: http://hdl.handle.net/10948/20659 , vital:29369
- Description: The aim of this study was to investigate the causes of the housing backlog in the Nelson Mandela Bay Municipality from 2000 to 2014. Fifty participants which were two ward councilors and two PR councilors, four community development members, four ward committee members , twenty backyard dwellers from ward 17 and ward 18 and eighteen senior officials (project managers) from the Department of Human Settlement in the Nelson Mandela Metropolitan Municipality were purposively sampled for the study. A qualitative design was used. In-depth interviews were conducted to collect data to enable the researcher to ask open ended questions and explore the participants’ perspectives about the causes of housing backlog. The study revealed that the factors which are playing a role in this regard include the role played by the Eastern Cape Province in housing, the large portion of land which is privately owned, beneficiary management by municipal officials and political interference on the waiting list Metropolitan subsequently, recommendations for further research were made.
- Full Text:
- Date Issued: 2017
Equal pay for equal work
- Authors: Paul, Gary William
- Date: 2016
- Subjects: Equal pay for equal work -- South Africa , Labor laws and legislation -- South Africa , Pay equity -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/5343 , vital:20830
- Description: The notion of Decent Work has been broadly advocated since 1999 by means of various International Labour Organisation (ILO) Conventions. Through these Conventions and as part of its Decent Work Agenda, the ILO strives to foster the creation of social and economic systems, capable of ensuring basic security and employment and adaptable to rapidly changing local and global economic circumstances. The Decent Work Agenda has been widely accepted as an important strategy to eradicate poverty and enable socio-economic development. It is submitted that the concept of Decent Work as contemplated by the ILO, firstly focuses on the payment of an income, which allows the working individual a good life. It secondly strives to ensure that everybody has an equal chance to develop themselves; that working conditions are safe; that there is no instance of child and forced labour; and that discrimination does not occur. The elimination of discrimination in the workplace is not only an ever-evolving pursuit, given that it continues to manifest in innumerable forms, but it has also proven to be an extremely pervasive pursuit as evidenced by the jurisdiction-specific literature review in this study. The jurisdictions focused on in this study are the United States of America, the United Kingdom and Australia. This study concerns itself with pay-related discrimination which strains ILO Conventions No 100 and 111. Convention 100 focuses on equal pay for equal work and Convention No 111 focuses on the elimination of all forms of discrimination in the workplace. In spite of extensive legislative developments in the various jurisdictions which form part of this study, enhanced by the creation of various practical mechanisms to enable the elimination of pay-related discrimination, the stubborn problem of discriminatory pay practices has survived structured and deliberate attempts to get rid of it. In South Africa, the amendment to section 6(4) of the Employment Equity Act, assented on 1 August 2014, specifically describes a difference in conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value based on any one or more of the grounds listed in section 6(1), as unfair discrimination. This amendment therefore seeks to prohibit such unfair discriminatory practices. Based on the newness of this amendment and the fact that courts have not yet delivered judgments arising from litigation related to this particular amendment, a sense of uncertainty exists with respect to the adequacy of the amended section 6 in the Employment Equity Amendment Act. If progress in the other jurisdictions in this regard is anything to go by, there is no reason to believe that the amendment to section 6 will be a panacea capable of addressing all alleged discriminatory pay practices.
- Full Text:
- Date Issued: 2016
- Authors: Paul, Gary William
- Date: 2016
- Subjects: Equal pay for equal work -- South Africa , Labor laws and legislation -- South Africa , Pay equity -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/5343 , vital:20830
- Description: The notion of Decent Work has been broadly advocated since 1999 by means of various International Labour Organisation (ILO) Conventions. Through these Conventions and as part of its Decent Work Agenda, the ILO strives to foster the creation of social and economic systems, capable of ensuring basic security and employment and adaptable to rapidly changing local and global economic circumstances. The Decent Work Agenda has been widely accepted as an important strategy to eradicate poverty and enable socio-economic development. It is submitted that the concept of Decent Work as contemplated by the ILO, firstly focuses on the payment of an income, which allows the working individual a good life. It secondly strives to ensure that everybody has an equal chance to develop themselves; that working conditions are safe; that there is no instance of child and forced labour; and that discrimination does not occur. The elimination of discrimination in the workplace is not only an ever-evolving pursuit, given that it continues to manifest in innumerable forms, but it has also proven to be an extremely pervasive pursuit as evidenced by the jurisdiction-specific literature review in this study. The jurisdictions focused on in this study are the United States of America, the United Kingdom and Australia. This study concerns itself with pay-related discrimination which strains ILO Conventions No 100 and 111. Convention 100 focuses on equal pay for equal work and Convention No 111 focuses on the elimination of all forms of discrimination in the workplace. In spite of extensive legislative developments in the various jurisdictions which form part of this study, enhanced by the creation of various practical mechanisms to enable the elimination of pay-related discrimination, the stubborn problem of discriminatory pay practices has survived structured and deliberate attempts to get rid of it. In South Africa, the amendment to section 6(4) of the Employment Equity Act, assented on 1 August 2014, specifically describes a difference in conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value based on any one or more of the grounds listed in section 6(1), as unfair discrimination. This amendment therefore seeks to prohibit such unfair discriminatory practices. Based on the newness of this amendment and the fact that courts have not yet delivered judgments arising from litigation related to this particular amendment, a sense of uncertainty exists with respect to the adequacy of the amended section 6 in the Employment Equity Amendment Act. If progress in the other jurisdictions in this regard is anything to go by, there is no reason to believe that the amendment to section 6 will be a panacea capable of addressing all alleged discriminatory pay practices.
- Full Text:
- Date Issued: 2016
The constitutionality of section 32 of the Labour Relations Act
- Authors: Hemsley, Michael Norman
- Date: 2015
- Subjects: Labor laws and legislation -- South Africa Labor unions -- South Africa Collective bargaining -- South Africa , Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/11070 , vital:26882
- Description: Collective bargaining is the process whereby employees act as a collective unit whilst negotiating terms and conditions of employment with employers. The collective unit typically takes the form of a trade union, mandated by its members to negotiate on their behalf. By negotiating collectively the inherent imbalance of power between employer and individual employee is seen to be neutralised. The process of collective bargaining enjoys legal status in South Africa and around the world. The Industrial Conciliation Act of 1924 institutionalised collective bargaining for the first time in the form of the Industrial-Council system. This sectoral bargaining system stood firm throughout the pre-democracy period but initially excluded non-white employees. Industrial unrest in the 1970s was the catalyst for the Wiehan commission which ultimately brought all employees into the fold. By the dawn of democracy in South Africa the bargaining system enjoyed wide-spread support and legitimacy. This was particularly so amongst the COSATU-led labour movement which enjoyed a position of political strength. This support and strength were reflected in the contents of both the Labour Relations Act and the Constitution which enshrined the constitutional right to engage in collective bargaining. Possibly the most debated aspect of the Council system has been the question of extending agreements to non-parties. Those in favour argue that the Council system cannot function in the absence of extensions. This is so because what would then effectively be a voluntary system would not attract sufficient volunteers. Those against argue that extensions act as a barrier to economic activity, particularly for small and new businesses. Legislation has, since 1924, facilitated the extension of agreements as long as certain criteria are met. Section 32 of the Labour Relations Act is the current extension vehicle. The extension criteria have vacillated over time and especially so in recent history with section 32 being subject to change in every post-democracy amendment to the Act. Possibly the most serious challenge to the extension status quo has come in the form of a constitutional challenge by the Free-Market Foundation. The Foundation advances old economic arguments but links these to an alleged impingement of constitutional rights. The challenge comes at a time when the country is experiencing the most significant socio-political turbulence since democracy. This includes the most enduring strike in our history, a landmark-employer lock-out and a parliamentary facelift. The Metal and Engineering Industries Bargaining Council oversees the biggest manufacturing sector in the South African economy. This status prompted the Council to submit its own responding papers in the Free-Market case. Particularly fascinating is that an employer party to the Council not only supports the Foundation case but has also lodged its own proceedings against the extension of the 2014 Engineering agreement. Both these cases are still pending and the outcomes have the potential to transform the political and economic landscape of our country.
- Full Text:
- Date Issued: 2015
- Authors: Hemsley, Michael Norman
- Date: 2015
- Subjects: Labor laws and legislation -- South Africa Labor unions -- South Africa Collective bargaining -- South Africa , Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/11070 , vital:26882
- Description: Collective bargaining is the process whereby employees act as a collective unit whilst negotiating terms and conditions of employment with employers. The collective unit typically takes the form of a trade union, mandated by its members to negotiate on their behalf. By negotiating collectively the inherent imbalance of power between employer and individual employee is seen to be neutralised. The process of collective bargaining enjoys legal status in South Africa and around the world. The Industrial Conciliation Act of 1924 institutionalised collective bargaining for the first time in the form of the Industrial-Council system. This sectoral bargaining system stood firm throughout the pre-democracy period but initially excluded non-white employees. Industrial unrest in the 1970s was the catalyst for the Wiehan commission which ultimately brought all employees into the fold. By the dawn of democracy in South Africa the bargaining system enjoyed wide-spread support and legitimacy. This was particularly so amongst the COSATU-led labour movement which enjoyed a position of political strength. This support and strength were reflected in the contents of both the Labour Relations Act and the Constitution which enshrined the constitutional right to engage in collective bargaining. Possibly the most debated aspect of the Council system has been the question of extending agreements to non-parties. Those in favour argue that the Council system cannot function in the absence of extensions. This is so because what would then effectively be a voluntary system would not attract sufficient volunteers. Those against argue that extensions act as a barrier to economic activity, particularly for small and new businesses. Legislation has, since 1924, facilitated the extension of agreements as long as certain criteria are met. Section 32 of the Labour Relations Act is the current extension vehicle. The extension criteria have vacillated over time and especially so in recent history with section 32 being subject to change in every post-democracy amendment to the Act. Possibly the most serious challenge to the extension status quo has come in the form of a constitutional challenge by the Free-Market Foundation. The Foundation advances old economic arguments but links these to an alleged impingement of constitutional rights. The challenge comes at a time when the country is experiencing the most significant socio-political turbulence since democracy. This includes the most enduring strike in our history, a landmark-employer lock-out and a parliamentary facelift. The Metal and Engineering Industries Bargaining Council oversees the biggest manufacturing sector in the South African economy. This status prompted the Council to submit its own responding papers in the Free-Market case. Particularly fascinating is that an employer party to the Council not only supports the Foundation case but has also lodged its own proceedings against the extension of the 2014 Engineering agreement. Both these cases are still pending and the outcomes have the potential to transform the political and economic landscape of our country.
- Full Text:
- Date Issued: 2015
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