The hypolithic invertebrate community in the eastern Karoo: the role of rock size, microclimate and recolonization
- Authors: Van der Westhuizen, Tara
- Date: 2019
- Subjects: Habitat (Ecology) -- South Africa -- Karoo , Biotic communities -- South Africa -- Karoo Invertebrates Ecosystem management -- South Africa -- Karoo Soil microbial ecology
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/44191 , vital:37128
- Description: Hypolithic habitats are important for the persistence of fauna that utilize these habitats as refuges and resource patches. Little is known, however, about the composition and structure of this community in the semi-arid Karoo. The current study therefore aims to explore the patterns and processes behind hypolithic communities, through determining the effect of rock size and baboon presence on the hypolithic community, the influence of rock size on the microclimate experienced under rocks, as well as determining the short- (over five days) and long- (over 12 months) term colonisation of the hypolithic habitat following a rock rolling disturbance, in a semi-arid Karoo environment. The hypolithic fauna encountered, and the temperature and moisture content experienced under a range of rock sizes were measured. Additionally, hypolithic fauna under rocks that were rolled to mimic rock rolling by baboons were sampled after a set period (i.e. over five days and 12 months). Large rocks were found to provide a more stable microclimate than small rocks. The probability of hypolithic fauna presence was influenced by rock size and season, and hypolithic fauna abundance (except in the dry season), richness, body size and biomass did not correlate with rock size. Additionally, the probability of detecting hypolithic fauna under intermediate sized and larger rocks was greater in the presence of baboons than in the absence of baboons, and in the presence of baboons hypolithic fauna richness increased with rock size. Furthermore, it was shown that hypolithic fauna abundance and biomass did not differ under rolled rocks over a short- (i.e. over five days) or long- (i.e. over 12 months) term period. The short-term colonisation of hypolithic habitats was not influenced by season or rock density. Lastly, most of the change in hypolithic community composition (over 12 months) occurred in the first three months and thereafter the hypolithic community composition approached pre-disturbance levels in month 12. The hypolithic habitat was shown to be influenced by a variety of conditions and processes affecting hypolithic community composition and structure. This study therefore contributes to our understanding of the hypolithic invertebrate community in the eastern Karoo, and the influence of rock size, baboon presence, microclimate and colonisation on hypolithic community composition and structure.
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- Date Issued: 2019
The efficiency of service delivery in Nelson Mandela Bay Municipality, wards 22 and 36
- Authors: Xotyeni, Nompumelelo Caroline
- Date: 2017
- Subjects: Municipal services -- South Africa -- Nelson Mandela Bay Municipality , Municipal government -- South Africa -- Nelson Mandela Bay Municipality Local government -- South Africa -- Eastern Cape Comparative government
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/13425 , vital:27184
- Description: The aim of this research is to evaluate the efficiency of service delivery in specific communities, namely Wards 22 and 36, in order to assess whether residents of those communities understand the service delivery process and whether there is enough communication and relationship within the councillors and residents. It is aimed at looking at the relationship between ward councillors and the residents of the community that they are given to represent. Service delivery is something that South Africa has been battling with for years. As much as there is progress within our country, a lot still needs to be done in order to satisfy the citizens of this country. That is where the purpose of this research thus come in, it looks at what the municipality has done to assist its people in matters that are urgent, such as housing, running water and electricity, to name a few. As stated above, this research looks at the implementation, or lack thereof of the municipality, on things that they had said they would attend to in the two wards, ward 22 and ward 36.
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- Date Issued: 2017
The onus of proof and presumption of innocence in South African bail jurisprudence
- Authors: Makasana, Velile
- Date: 2013
- Subjects: Criminal procedure -- South Africa , Bail -- South Africa , Detention of persons -- South Africa , Criminal law -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10186 , http://hdl.handle.net/10948/d1020911
- Description: The South African criminal justice process is such that there is an inevitable lapse of time between the arrest of the offender and his or her subsequent trial. The pre-trial incarceration presents a special problem. Between the arrest of the accused and release, the accused is being deprived of his or her liberty in circumstances where no court of law has pronounced him or her guilty. The right to bail is well entrenched in South African criminal justice system both in the Constitution Act and Criminal Procedure Act. Bail is always in the form of contract between the State and the accused, even though at times it may be opposed by the State. In the past the legal position based on the case law was that the presumption of innocence in bail proceedings operated in favour of the applicant even where it was said that there was a strong prima facie case against him or her. This position has slightly changed in that the courts in bail applications are not concerned with guilt, but that of possible guilt only to the extent that it may bear on where the interests of justice lie in regard to bail. The onus of proof in bail applications, other than Schedule 5 and 6 offences is borne by the State. Where Schedule 5 or 6 is applicable the onus is on the applicant. There are different requirements between schedule 5 and 6 that must be met by the applicant before release on bail is granted. In Schedule 5 offences the bail applicant must satisfy the court that the interests of justice permit his or her release. In determining whether the interests of justice permit the release of a particular applicant on bail, the courts are guided by the provisions of section 60(4) to (9) inclusive of section (11B)(c) of the Criminal Procedure Act. In such determination the courts must also take into account of section 60(60)(a) to (g) of the Criminal Procedure Act. In Schedule 6 offences there are two requirements namely: the exceptional circumstances and the interests of justice. The term “exceptional circumstances” does not have a closed definition. Both requirements must be established by means of written or oral evidence to the satisfaction of the court before bail may be granted. As pointed out above, the State may still oppose the release on bail of the applicant. It is now accepted in bail applications that ordinary circumstances may in particular context be blended with exceptional or unusual elements. In such cases the court is expected to apply its independent evaluation of evidence in order to determine whether the exceptional circumstances in the interests of justice permit the release on bail. Similarly to the South African bail jurisprudence the Rome Statute of the International Criminal Court recognises a right of the arrested person to apply for the interim release. It also recognises the need to establish exceptional circumstances for such release. The South African bail jurisprudence recognises the right to bail, and places reasonable and procedural limitations founded on the constitutional values and interests of justice. There are still practical challenges that need to be addressed as a results of the stringent requirements in section 60(11)(a) and (b) of the Criminal Procedure Act that relate to Schedule 5 and 6. It is therefore recommended that there is a need for the following: 1. Legislative intervention that will regulate and limit the time spent on investigations where bail has been refused. 2. Legislative intervention that will provide for an automatic review procedures in Schedule 5 or 6 offences where bail is refused on grounds that the interests of justice do not permit the release of the applicant on bail or for failure to prove exceptional circumstances. It is submitted that this may assist in reducing refusals of bail based on mistaken understanding of the law or facts or irregularities that may be prejudicial to the applicant or the administration of justice; or 3. Legislative intervention that will make it mandatory for a court that refuses to grant bail to reconsider its decision after a certain period in future provided that the trial has not been commenced with, in order to determine whether further incarceration is necessary or proportionate to the offence. It is submitted that this may assist the court to enquire into unreasonable delays on investigations or changed circumstances of the applicant in order to enable the court to reconsider its previous decision if necessary. This may further assist in offences where it is foreseeable that the trial court is likely to pass a partly or wholly suspended sentence in case of conviction. For example some cases fall within the scope of Schedule 5 by virtue of a previous conviction on Schedule 1 or release on bail on a Schedule 1 offence. The above recommendations may directly or indirectly contribute in balancing the scales of justice during the bail proceedings and its aftermath. These may contribute to the reduction of high numbers of the in custody awaiting trial prisoners while not compromising the current bail procedures.
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- Date Issued: 2013
Sexual abuse within the context of public education
- Authors: Strydom, Jeanette
- Date: 2012
- Subjects: Sexual harassment in education -- Law and legislation -- South Africa , Students -- Legal status, laws, etc. -- South Africa , Child sexual abuse by teachers , School violence -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10238 , http://hdl.handle.net/10948/d1012156 , Sexual harassment in education -- Law and legislation -- South Africa , Students -- Legal status, laws, etc. -- South Africa , Child sexual abuse by teachers , School violence -- South Africa
- Description: The South African Constitution is considered as supreme law. This piece of legislation overrides all others and states in section 28(2): “A child’s best interests are of paramount importance in every matter concerning the child”. This emphasises the significance of the right of the child in South African law, by stating that children are to be protected at all cost. This section of the constitution forms the basis of this thesis with regards to the child and the protections that are to be afforded to them in instances of sexual abuse by educators. In the last several years there has been an increase in the number of cases reported on the sexual abuse, rape, violence and harassment of learners by members of the schooling community. The statistics prove that sexual violence in the schooling system in South Africa is rampant and furthermore indicate that young girls and boys are not as safe as they deserve to be. A teacher or educator is a professional, who is to act in a professional manner at all times – in the course and scope of their employment as educators. When a parent leaves its child at school for the day the educators are acting in loco parentis – in place of parent – thus these children are to be protected, nurtured and cared for in the correct manner. Sexual abuse of a learner by an educator is a gross contravention of South African legislation, the South African Council of Educators (SACE) code of conduct as well as international codes by the International Labour Organisation (ILO), the United Nations (UN) and other conventions. It is therefore fitting that any perpetrator of such violence, disrespect and transgression is to be punished quickly and harshly. Educators who abuse children are to immediately be removed from the school system through dismissal and also be tried criminally. These offenders should also be added to the SACE sexual offenders’ database which needs to be open to the Department of Education (DOE) and more importantly the general public – allowing parents to make the best possible decisions when putting their children in schools, thus ensuring their safety. However, throughout this process the rights of the child are to be protected and regarded with prevailing sensitivity, and their innocence is to be sheltered from any further psychological and emotional harm caused due to the abuse. The South African Professional Society on the Abuse of Children (SAPSAC) argues that a constitutional injunction is powerless to protect a child from being victimised and traumatised by criminal activity.1 All the more should it be incumbent upon the criminal law and criminal procedure and upon the courts, their functionaries and practitioners who regulate its procedure and apply its principles to “protect children from abuse and (to) maximise opportunities for them to lead productive and happy lives … (and to) … create positive conditions for repair to take place”. The thesis that follows, using the principles summarised here, aims to: define sexual abuse of the child, the legal position in South Africa in relation to the sexual abuse of children and case law. Recommendations will then be made and a code of good practice will be established on how to deal with educators who sexually abuse their learners promptly, effectively – without causing any further harm to the child in question.
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- Date Issued: 2012