Status of farm dwellers in the Great Kei municipality post implementation of the security tenure act
- Authors: Mfeya, Nontando Hazel
- Date: 2017
- Subjects: Eviction -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape Occupancy (Law) -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/14002 , vital:27381
- Description: The period preceding and after the enactment of ESTA marks an increase in the difficulties faced by the farm dwellers in South Africa. They are still faced with illegal evictions. Their difficulties are marked with loss of land for food farming, loss of work, income and homes. Nevertheless, the introduction of ESTA in 1997 aimed at protecting and restoring the land rights of farm dwellers working on farms. Despite its existence there are still challenges of illegal evictions. This research focuses on difficulties faced by farm workers after the enactment of ESTA and investigate the process and effects of illegal evictions. The thesis adopts a qualitative research methodology that takes the form of a case study on two farms, Killarney farm and Shellford farm, where farm workers experienced evictions. The findings confirm that the farm workers are subject to illegal evictions. The evictions are due to the conversion of agricultural farms to game farming and also due to labour disputes. Poor living conditions are evident and farm owners conduct tacit evictions by imposing restrictions and threatening the farm workers who wish to stay on the farms. This thesis concludes by presenting suggestions that may restrict or put an end to illegal evictions. ESTA needs to be amended in order to ensure the security of farm workers who live on the farms.
- Full Text:
- Date Issued: 2017
Status of farm dwellers in the Great Kei municipality post implementation of the security tenure act
- Authors: Mfeya, Nontando Hazel
- Date: 2017
- Subjects: Eviction -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape Occupancy (Law) -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/14002 , vital:27381
- Description: The period preceding and after the enactment of ESTA marks an increase in the difficulties faced by the farm dwellers in South Africa. They are still faced with illegal evictions. Their difficulties are marked with loss of land for food farming, loss of work, income and homes. Nevertheless, the introduction of ESTA in 1997 aimed at protecting and restoring the land rights of farm dwellers working on farms. Despite its existence there are still challenges of illegal evictions. This research focuses on difficulties faced by farm workers after the enactment of ESTA and investigate the process and effects of illegal evictions. The thesis adopts a qualitative research methodology that takes the form of a case study on two farms, Killarney farm and Shellford farm, where farm workers experienced evictions. The findings confirm that the farm workers are subject to illegal evictions. The evictions are due to the conversion of agricultural farms to game farming and also due to labour disputes. Poor living conditions are evident and farm owners conduct tacit evictions by imposing restrictions and threatening the farm workers who wish to stay on the farms. This thesis concludes by presenting suggestions that may restrict or put an end to illegal evictions. ESTA needs to be amended in order to ensure the security of farm workers who live on the farms.
- Full Text:
- Date Issued: 2017
The obligation on employers to effect affirmative action measures
- Authors: Papu, Mzimkulu Gladman
- Date: 2017
- Subjects: Discrimination in employment -- South Africa , Labor laws and legislation -- South Africa , South Africa -- Employment Equity Act -- 1998 , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19738 , vital:28949
- Description: Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.
- Full Text:
- Date Issued: 2017
- Authors: Papu, Mzimkulu Gladman
- Date: 2017
- Subjects: Discrimination in employment -- South Africa , Labor laws and legislation -- South Africa , South Africa -- Employment Equity Act -- 1998 , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19738 , vital:28949
- Description: Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.
- Full Text:
- Date Issued: 2017
A critical analysis of the income tax implication of income from illegal activities in South Africa
- Authors: Nxumalo,Delani
- Date: 2016
- Subjects: Tax evasion -- South Africa Money laundering -- South Africa , Income tax -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10948/12780 , vital:27120
- Description: Moneymaking schemes such as prostitution, drug dealing, fraud, corruption, pyramid schemes and the sale of counterfeit goods have been around for years. The taxing of these transactions/schemes has become a contentious issue. It has recently been reported in the press that SARS has lodged a claim for R183 million in income taxes against the estate of the slain mining magnate, Brett Kebble, in respect of the R2 billion allegedly stolen by him from the mining companies of which he was a director.4 It is further reported that the Master of the High Court has rejected the claim on the grounds that the amounts on which SARS sought to levy tax constituted money stolen by Kebble, and that stolen money is not subject to income tax. It has been reported that SARS is to take the Master’s decision in this regard on review.5 The Kebble case raises an interesting and unresolved tax issue and, in view of the large sum at stake, it may be a case that will go all the way to the Supreme Court of Appeal and bring long-overdue certainty to the law. The Income Tax Act No. 58 of 1962 (the Act) is of no assistance in determining the issue. Section 23(o) states that payments that are illegal in terms of Chapter 2 of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or that constitute a fine or penalty for any “unlawful activity carried out in the Republic or in any other country if that activity.
- Full Text:
- Date Issued: 2016
- Authors: Nxumalo,Delani
- Date: 2016
- Subjects: Tax evasion -- South Africa Money laundering -- South Africa , Income tax -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: http://hdl.handle.net/10948/12780 , vital:27120
- Description: Moneymaking schemes such as prostitution, drug dealing, fraud, corruption, pyramid schemes and the sale of counterfeit goods have been around for years. The taxing of these transactions/schemes has become a contentious issue. It has recently been reported in the press that SARS has lodged a claim for R183 million in income taxes against the estate of the slain mining magnate, Brett Kebble, in respect of the R2 billion allegedly stolen by him from the mining companies of which he was a director.4 It is further reported that the Master of the High Court has rejected the claim on the grounds that the amounts on which SARS sought to levy tax constituted money stolen by Kebble, and that stolen money is not subject to income tax. It has been reported that SARS is to take the Master’s decision in this regard on review.5 The Kebble case raises an interesting and unresolved tax issue and, in view of the large sum at stake, it may be a case that will go all the way to the Supreme Court of Appeal and bring long-overdue certainty to the law. The Income Tax Act No. 58 of 1962 (the Act) is of no assistance in determining the issue. Section 23(o) states that payments that are illegal in terms of Chapter 2 of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or that constitute a fine or penalty for any “unlawful activity carried out in the Republic or in any other country if that activity.
- Full Text:
- Date Issued: 2016
The art of education reform: an analysis of the relationship between arts education and performance in mathematics and science
- Authors: Xulu, Senzo Siphesihle
- Date: 2016
- Subjects: Educational change -- South Africa Arts in education -- South Africa Science -- South Africa -- Mathematics
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/14124 , vital:27432
- Description: The role of the Arts Education in South African Education has long been a contentious and disputable topic. Despite this, a large amount of literature has been compiled advocating for the inclusion of the arts in schooling systems worldwide. Most of this literature speaks of the benefits of the arts, covering how they directly and indirectly affect 1) The learning environment 2) The learner and 3) The performance of the learner in other subjects. The basis of this study is to intently look at the third factor, the influence of the arts on a learner’s performance in other subjects, like Mathematics and Science. Though education reform programs are neither new nor few in number, those that have been implemented through the arts, and in low socio-economic areas, portray art education as a salient ingredient to holistic education reform. The study draws from such reform programs, from around the world, and categorically shows how they have successfully integrated arts education into their curricula. Through the investigation of the success and implementation of these programs, this paper shows that creativity - through the teaching of the arts - is a vital key to the education reform that South Africa is in need of, particularly in mathematics and science.
- Full Text:
- Date Issued: 2016
- Authors: Xulu, Senzo Siphesihle
- Date: 2016
- Subjects: Educational change -- South Africa Arts in education -- South Africa Science -- South Africa -- Mathematics
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/14124 , vital:27432
- Description: The role of the Arts Education in South African Education has long been a contentious and disputable topic. Despite this, a large amount of literature has been compiled advocating for the inclusion of the arts in schooling systems worldwide. Most of this literature speaks of the benefits of the arts, covering how they directly and indirectly affect 1) The learning environment 2) The learner and 3) The performance of the learner in other subjects. The basis of this study is to intently look at the third factor, the influence of the arts on a learner’s performance in other subjects, like Mathematics and Science. Though education reform programs are neither new nor few in number, those that have been implemented through the arts, and in low socio-economic areas, portray art education as a salient ingredient to holistic education reform. The study draws from such reform programs, from around the world, and categorically shows how they have successfully integrated arts education into their curricula. Through the investigation of the success and implementation of these programs, this paper shows that creativity - through the teaching of the arts - is a vital key to the education reform that South Africa is in need of, particularly in mathematics and science.
- Full Text:
- Date Issued: 2016
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