Showing items 61 - 80 of 113

Your selections:

Aplousobranch ascidians (Tunicata: Ascidiacea) from Southern Africa

  • Authors: Parker-Nance, Shirley
  • Date: 2003
  • Subjects: Sea squirts -- South Africa -- Classification , Aplousobranchia -- South Africa -- Classification
  • Language: English
  • Type: Thesis , Doctoral , PhD
  • Identifier: vital:11078 , http://hdl.handle.net/10948/311 , Sea squirts -- South Africa -- Classification , Aplousobranchia -- South Africa -- Classification
  • Description: The ascidian (subphylum Tunicata: class Ascidiacea) fauna along the southern African coast constitutes an important component of the sessile benthic reef fauna. Little is known of the species composition, biodiversity and distribution of ascidians on southern African intertidal and subtidal reefs. Past research on the ascidian fauna of South Africa was sporadic and limited, with only about one hundred and seventy species recorded during the last one hundred and twenty years. This is the first taxonomic study undertaken by a South African resident scientist. The study focused on six genera in four families (Euherdmaniidae, Polyclinidae, Pseudodistomidae and Didemnidae) belonging to the class Ascidiacea and suborder Aplousobranchia. Five species new to science, two Polyclinum, two Pseudodistoma and one Polysyncraton species are described. New additional information on the distribution of five species previously known to science, including one recorded for the first time along the South African coast, is presented. A literature review and comparison of the taxonomic important characteristics is made of all species known globally for the six genera. These six genera comprise twelve Euherdmania, fifteen Aplidiopsis, forty Polyclinum thirty-one Pseudodistoma, six Atriolum and sixty-eight Polysyncraton species.
  • Full Text:
  • Date Issued: 2003

Apollo, Dionysus, dialectical reason and critical cinema

  • Authors: Konik, Adrian
  • Date: 2003
  • Subjects: Motion pictures and language , Philosophy in motion pictures , Dionysus (Greek deity) in literature , Apollo (Greek deity) in literature
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:10990 , http://hdl.handle.net/10948/295 , Motion pictures and language , Philosophy in motion pictures , Dionysus (Greek deity) in literature , Apollo (Greek deity) in literature
  • Description: The contemporary era is dominated by an Apollonian visual language, i.e. the visual language of mainstream cinema and the mass media, and this study concerns the role that critical cinema, as Dionysian subverter, plays under such conditions. I argue that critical cinema should not be viewed as something completely ‘new’ but rather as a new, or at least the latest, manifestation of an older subversive ‘Dionysian’ voice that has made its presence felt since the dawn of the hegemony of an Apollonian disposition in Homeric epic. (I maintain that the history of western culture can be understood in terms of the persistent tension between Apollonian and Dionysian dispositions, and I use the distinction Derrida makes in Différance, between restricted and general economies, to distinguish between them, respectively.) I begin by considering the Dionysian echoes within Homer’s Iliad and then consider the way in which they became a ‘roar’ in the tragedies of Aeschylus. After Aeschylus a predominantly Apollonian voice asserted itself once again (to various degrees) through the work of Sophocles and Euripides. This was in keeping with the trend towards a more (Apollonian) restricted economy that is reflected in the writings of Homer’s literary successors, and which reached a crucial stage in Plato’s valorisation of ‘dialectics’, or what I term ‘dialecticis m’, which saw the birth of ‘dialectical language’. Through Plato dialecticism, or dialectical language, became instantiated as the ‘language’ of western philosophy and this predisposed western culture to develop along predominantly Apollonian lines. This continued from Plato, through the Middle Ages, until in the 17th century this Apollonian trend became manifest in the concept of the stable, integral, autonomous and self -transparent Cartesian ego, which is inextricably linked to dialectical language that promises certainty of ‘truth’ and maintains the possibility of representing the world in its entirety (as a system). In the contemporary ‘age of a world picture’, the hegemonic (Apollonian) visual language of mainstream cinema and the mass media propagates and perpetuates the belief in the possibility of representing the world in its entirety through the image, and insofar as it caters to audiences’ needs for stability and certainty (of ‘truth’) through providing such ‘complete’ representations, shapes their subjectivity along the lines of the Cartesian ego. According to Baudrillard, in contemporary society and culture the hyperreal realm of visual language has become far more significant for individuals than their immediate, empirical experiences, and that, as a result, they are far less predisposed to discussion and reflection and far more prone to passive ‘watching’. Also, Adorno maintains that it is impossible to have a form of critical cinema because of the way in which features inherent to cinema predispose it towards being an ideological apparatus. However, if both Baudrillard and Adorno are correct then the future appears increasingly bleak as it involves nothing other than the continuation and propagation of the hegemony of the visual language of mainstream cinema and the mass media, with no possibility for critical resistance. I argue instead that critical cinema is possible because the move towards a more restricted economy, motivated by an Apollonian disposition, did not develop from Homer to the contemporary era without meeting Dionysian resistance. I trace the presence of a subversive Dionysian voice through Homer’s Iliad, through Aeschylus’ Prometheus Bound, and through Plato’s Dialogues, where it echoes in the sentiments of some of Plato’s interlocutors, such as Callicles. In addition, I maintain that a ‘Dionysian’ voice resonates through both Nietzsche’s and Heidegger’s respective criticisms of ‘dialectical language’ and the ‘validity’ of the Cartesian ego. I argue that critical cinema, particularly Aronofsky’s postmodern critical cinema, parallels their similar epistemological and ontological perspectives in the way in which it engages with the (Apollonian) visual language of mainstream cinema and the mass media, and thereby, potentially, facilitates a more porous and protean subjectivity.
  • Full Text:
  • Date Issued: 2003

Constructive dismissal in labour law

  • Authors: Van Loggerenberg, Johannes Jurgens
  • Date: 2003
  • Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11054 , http://hdl.handle.net/10948/301 , Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
  • Description: The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dismissals were given statutory force in unfair dismissal law and is defined as the coerced or forced termination of a contract of employment resultant in from the conduct of the employer. There are many forms in which constructive dismissals would postulate that could justify an employee to lay claim to constructive dismissal. Examples thereof are the amendment of the contract of employment, rude language and sexual harassment. It is eminent that certain elements should be present before an employee would have reasonable prospects of succeeding with such a claim. Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. It appears that the courts have taken a firm stance on coerced or forced resignation, in its various forms tantamount to breach of contact, that any sufficiently unreasonable conduct by an employer may justify that the employee to terminate services and lay claim to the fact that he had been constructively dismissed. It needs to be mentioned that the fact that the mere fact that the employer acted in an unreasonable manner would not suffice and it is up to the employee to prove how the conduct of the employer justified the employee to leave and claim that the employer’s conduct resulted in a material or fundamental beach of the employment contract. In dealing with the contingency of the concept of constructive dismissals it has been expressly provided for in numerous systems of labour law. As is seen herein, a constructive dismissal consists in the termination of the employment contract by reason of the employee’s rather than the employer’s own immediate act. The act of the employee is precipitated by earlier conduct on the part of the employer, which conduct may or may not be justified. Various authors and academics endeavoured to defined constructive dismissal and all had the same or at least some of the elements present, to justify constructive dismissal. The most glaring element being the termination of employment as a result of the any conduct that is tantamount to a breach going to the root of the relationship by the employer, that frustrated the relationship between the employer and the employee and rendered it irreparable. The employee resigns or repudiates the employment contract as a result of the employer normally not leaving the employee any other option but to resign. This can also be termed as coerced or forced resignations and are commonly better known as “constructive dismissal”. The employee is deemed to have been dismissed, even though it is the employee who terminated the employment contract. The most important element to mention is the employee terminated the employment contract, ie resigned yet this is regarded as a dismissal, it is however for the employee to first lay a claim at the proper authority and the employee must prove his / her allegation before it can be a constructive dismissal. As will become clear, that the onus of proof is on the employee to show that the termination of employment resulted from the conduct of the employer. Equally true as in all cases of constructive dismissal, including cases of sexual harassment, being a ground for constructive dismissal, the employee must prove that to remain in service would have been unbearable and intolerable. Sexual harassment is one of the most difficult forms of constructive dismissals, in many cases there are no witnesses and the employee either “suffers in silence or opt to place her dignity at stake to prove her case. It seems as though the test is to determine if the employer’s conduct evinced a deliberate and oppressive intention to have the employment terminated and left the employee with only one option that of resignation to protect her interests. Employees have a right to seek statutory relief and needs to be protected. If a coerced or forced resignation had taken place irrespective whether the employee resigned or not. It is against this back drop that constructive dismissals was given legality and are now recognized as one of the four forms of dismissals in terms of the Act.
  • Full Text:
  • Date Issued: 2003

Correlates and outcomes of emotional intelligence in organisations

  • Authors: Bosman, Leon Abraham
  • Date: 2003
  • Subjects: Leadership , Emotional intelligence , Organizational behavior
  • Language: English
  • Type: Thesis , Doctoral , DCom
  • Identifier: vital:11006 , http://hdl.handle.net/10948/337 , Leadership , Emotional intelligence , Organizational behavior
  • Description: Emotional Intelligence and Leadership are two very important constructs to organizations. Likewise concepts like OCB, conflict handling and intention to quit of employees are equally important constructs to organizations. The primary aim of the present study was to determine how well Organisational Citizenship Behaviour and intention to quit as well as the conflict handling style of subordinates could be predicted by means of leadership style, and the emotional intelligence of leaders. A secondary aim was to determine whether a causal model could be built to represent the relationships among the variables included in the study. Relationships among these constructs were investigated in a South African sample of employees (N=470) working for various organisations. The construct validity and internal consistency of the measuring instruments were investigated. The finally accepted factor structure of not one of the measuring instruments matched the original structure as found by the authors/developers of the measuring instruments. It was therefore decided that in all cases the factor pattern as determined on the responses of the present sample would be used in further analyses of the data. Emotional intelligence of leaders as seen by subordinates and the self - perceived conflict handling styles of subordinates seem to be related in the case of Integrating and Obliging conflict handling styles and both the emotional intelligence sub-scales, i.e. Motivation and Vigilance. The Multiple Regression analysis indicated that the emotional intelligence sub-scales scores played a minor role in the prediction of Organizational Citizenship Behaviour. Models of the relationships among the variables were built by studying the results of v previous as well as the present study. The model, in which emotional intelligence is depicted as a causal variable influencing - through leadership behaviour – organizational citizenship behaviour and the integrating style of handling interpersonal conflict represented a good fit with the data. These results seem to provide some structure for thinking about the relationships among the variables and can possibly serve as frames of reference in future studies.
  • Full Text:
  • Date Issued: 2003

Food choices of tactile defensive children

  • Authors: Smith, Anna Magdalena
  • Date: 2003
  • Subjects: Children -- Nutrition -- Psychological aspects
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11034 , http://hdl.handle.net/10948/d1020371
  • Description: This research explores a different view of the picky or fussy eater. Although occupational therapists and speech therapists are aware that children with sensory defensiveness and specific tactile defensiveness have different eating habits, this has not been described before.
  • Full Text:
  • Date Issued: 2003

Grade six and seven learners' perceptions of the HIV/AIDS life skills education programme

  • Authors: Julies, Zainuneesa
  • Date: 2003
  • Subjects: AIDS (Disease) -- Study and teaching (Primary) -- South Africa -- Evaluation , AIDS (Disease) -- South Africa -- Prevention
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:10988 , http://hdl.handle.net/10948/315 , AIDS (Disease) -- Study and teaching (Primary) -- South Africa -- Evaluation , AIDS (Disease) -- South Africa -- Prevention
  • Description: At present there is no cure or vaccine for Human Immuno-deficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) therefore prevention programmes are seen as the only means of reducing the spread of the disease. HIV/AIDS education programmes in schools have been identified as the most effective intervention because billions of children can be reached worldwide and because schools are the one social institution with which most children come into contact. Young people in particular have been identified as the age group most in need of a preventative programme. The aim of this study is to explore the perceptions of grade six and seven learners with regard to the Life Skills programme focusing on HIV/AIDS education in the Port Elizabeth region. In order to fulfill the above aim a qualitative study was undertaken within an exploratory descriptive approach. A non-probability, convenient sample of six schools were selected. Focus groups, utilising an unstructured interview, were used to gather qualitative data about the perceptions of grade six and seven learners. The focus groups consisted of 10-12 participants. The data was thematically analysed using Tesch’s approach. The major findings of the present study included the following: 1. Learners’ perceptions of completing the questionnaire were generally positive in nature. Negative perceptions related to practical issues such as the length of the questionnaire and the time of administration. 2. Learner’s perceptions of the programme were generally positive. 3. Learners’ felt more comfortable discussing HIV/AIDS with parents and teachers. xi 4. Learners’ appeared to be well informed about high-risk behaviour related to HIV/AIDS and existing myths. 5. Contact with HIV+ people is non-existent. However, learner’s felt that the programme had fostered positive attitudes towards HIV+ people. 6. Learner’s felt that schools had an important role to play in sharing information about HIV/AIDS. These findings seem to indicate positive outcomes for the programme as a whole, in that is was successful in terms of conveying information regarding HIV/AIDS; it led to positive changes in attitudes, especially towards HIV+ people; and it confirmed the school as the best setting for implementing HIV/AIDS Life Skills programmes.
  • Full Text:
  • Date Issued: 2003

Investigations into the asymmetric reduction of ketones

  • Authors: Bena, Luvuyo Clifford
  • Date: 2003
  • Subjects: Ketones , Asymmetric synthesis
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11065 , http://hdl.handle.net/10948/323 , Ketones , Asymmetric synthesis
  • Description: A six-step synthesis of salbutamol from methyl salicylate with an overall yield of 17% has been completed, although the yield was not optimised. In the process, Zn(BH4)2 was found to selectively reduce a ketone carbonyl group in the presence of an ester unit. In contrast, borane was found to reduce both the ketone and ester carbonyl groups. Reduction of phenacyl bromide with borane in the presence of chiral catalysts based on (R)-alaninol and (R,S)-ephidrine resulted a measure of enantioselectivity in the product. However, the configuration of the alcohol obtained in the case of (R)-alaninol was contrary to expectations based both on experimental trends observed elsewhere as well as our own theoretical predictions. The asymmetric reduction of methyl 5-bromoacetyl-2-benzyloxybenzoate was accomplished with both borane and Zn(BH4)2 in the presence of a range of chiral catalysts. Optically active products were obtained in all cases, although the optical rotations were significantly smaller in the case of Zn(BH4)2. Unfortunately, we were not successful in determining the enantiomeric excesses of these reactions. The use of a NMR lanthanide shift reagent resulted in a complex spectrum that was impossible to interpret unambiguously. This presumably arises from the presence of several Lewis base sites in the product at which complexation with the shift reagent can take place. It was also not possible to determine the optical rotation of salbutamol itself owing to the relatively small amount of material obtained. A conformational analysis of salbutamol, where NMR data was correlated with molecular modelling results, was successfully carried out and revealed a strong preference for that conformer family characterised by O–C–C–N and Ar–C–C–N torsion angles of ca. 60º and 180º, respectively. Interestingly, these conformers are found to be stabilised by OH…N rather than NH…O hydrogen bonding. This study has also confirmed the effectiveness of the MMFF94 force field for conformational analysis studies in compounds of this kind. Lastly, a relatively simple method for modelling the BH3/oxazaborolidine reduction of ketones at the PM3 semiempirical MO level of approximation was devised. This approach has provided insights into the mechanism of the reaction and has furthermore enabled us to predict the enantioselectivities likely to result from various catalysts and ketones. In comparing our theoretical and experimental findings, an anomalous result was observed in the case of (R)-alaninol; this will have to be investigated further, particularly at the experimental level. However, we believe that our approach provides a sound basis for aiding the design and screening of new, potentially better catalysts.
  • Full Text:
  • Date Issued: 2003

Jane Austen re-visited a feminist evaluation of the longevity and relevance of the Austen Oeuvre

  • Authors: Kollmann, Elizabeth
  • Date: 2003
  • Subjects: Austen, Jane, 1775-1817 -- Criticism and interpretation , Feminist literary criticism
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:10994 , http://hdl.handle.net/10948/299 , Austen, Jane, 1775-1817 -- Criticism and interpretation , Feminist literary criticism
  • Description: Although many might consider Jane Austen to be outdated and clichéd, her work retains an undying appeal. During the last decade the English-speaking world has experienced an Austen renaissance as it has been treated to a number of film and television adaptations of her work, including Pride and Prejudice, Emma, Mansfield Park and Sense and Sensibility. Film critics such as Bill De Lapp (1996) and Sherry Dean (1996) have commented on the phenomenal response these productions received and have been amazed by Austen’s ability to compete with current movie scripts. The reasons for viewers and readers enjoying and identifying with Austen’s fiction are numerous. Readers of varying persuasions have different agendas and hence different views and interpretations of Austen. This thesis follows a gynocritical approach and applies a feminist point of view when reading and discussing Austen. Austen’s novels - Pride and Prejudice, Mansfield Park, Emma, Northanger Abbey, Sense and Sensibility, and Persuasion – are re-read and reevaluated from a feminist perspective in order to call attention to Austen’s awareness of women’s second-class position in her society. Women’s experiences in Austen’s time are compared to women’s experiences in society today in order to illustrate, in some way, the tremendous progress the feminist movement has made. In addition, by examining what Austen reveals about the material reality of women in her time, it is possible to explore the legacy that modern women have inherited. Literary critics such as André Brink (1998), Claudia Johnson (1988), and Gilbert and Gubar (1979) believe Austen to create feminist awareness in her novels. There are critics, however, who do not view Austen as necessarily feminist in her writing. Nancy Armstrong writes in Desire and Domestic Fiction (1987) that Austen’s objective is not a critique of the Abstract iv old order but rather a redefinition of wealth and status. In Culture and Imperialism (1993) Edward Said implicates Austen in the rationale for imperial expansion, while Barbara Seeber argues in “The Schooling of Marianne Dashwood” (1999) that Austen’s texts should be understood as dialogic. Others, such as Patricia Beer (1974), believe Austen’s fiction primarily to be about marriage since all her novels end with matrimony. My own reading of Austen takes into consideration her social milieu and patriarchal inheritance. It argues that Austen writes within the framework of patriarchy (for example by marrying off her heroines) possibly because she is aware that in order to survive as a woman (writer) in a male-favouring world and in a publishing world dominated by men, her critique needs to be covert. If read from a feminist perspective, Austen’s fiction draws our attention to issues such as women’s (lack of) education, the effects of not being given access to knowledge, marriage as a patriarchal institution of entrapment, and women’s identity. Her fiction reveals the effects of educating women for a life of domesticity, and illustrates that such an education is biased, leaving women powerless and without any means of self-protection in a male-dominated world. Although contemporary women in the Western world mostly enjoy equal education opportunities to men, they suffer the consequences of a legacy which denied them access to a proper education. Feminist writers such as Flis Henwood (2000) show that contemporary women believe certain areas of expertise belong to men exclusively. Others such as Linda Nochlin (1994) reveal that because women did not have access to higher education for so many years, they failed to produce great women artists like Chaucer or Cézanne. Austen’s fiction also exposes the economic and social system (of which education constitutes a major part) for enforcing marriage and for enfeebling women. In addition, it illustrates some of the realities and pitfalls of marriage. While Austen only subtly refers to Abstract v women’s disempowerment within marriage, contemporary feminist scholars such as Germaine Greer (1999) and Arnot, Araújo, Deliyanni, and Ivinson (2000) explicitly warn women that marriage is a patriarchal institution of entrapment and that it often leaves women feeling unfulfilled. The issue of marriage as a patriarchal institution has been thought important and has been addressed by feminists because it contributes to women’s powerlessness. Feminist scholars today find it imperative to expose all forms of power in order to eradicate women’s subordination. bell hooks comments in Feminist Theory: From Margin to Center (2000) on the importance of revealing unfair power relations in order to eliminate oppression of any kind. Austen does not necessarily express the wish to eradicate forms of power or oppression in her novels. Yet, if we read her work from a feminist point of view, we are made aware of the social construction of power. From her fiction we can infer that male power is enshrined in the very structure of society, and this makes us aware of women’s lack of power in her time. Austen’s novels, however, are not merely novels of powerlessness but of empowerment. By creating rounded women characters and by giving them the power to judge, to refuse and to write, Austen challenges the stereotyped view of woman as either overpowering monster or weak and fragile angel. In addition, her novels seem to question women’s inherited identity and to suggest that qualities such as emotionality and mothering are not natural aspects of being a woman. Because she suggests ways in which women might empower themselves, albeit within patriarchal parameters, one could argue that she contributes, in a small way, to the transformation of existing power relations and to the eradication of women’s servile position in society.
  • Full Text:
  • Date Issued: 2003

Labour law implications of organisational restructuring

  • Authors: Grootboom, Linda Henry
  • Date: 2003
  • Subjects: Labor laws and legislation -- South Africa , Organizational change -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11041 , http://hdl.handle.net/10948/303 , Labor laws and legislation -- South Africa , Organizational change -- South Africa
  • Description: It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “The Government of National Unity has embarked upon a concerted and comprehensive programme of administrative restructuring and rationalisation (my emphasis) with the object of: (a) Creating a unified and integrated service. (b) Creating a leaner and more cost-effective service.” Various strategies are listed in the White Paper, and the fundamental approach advocated is to right size, adjust remuneration structures, retrench and contract – out services.
  • Full Text:
  • Date Issued: 2003

Observed metabolic changes in male Wistar rats after treatment with an antidepressant implied in undesirable weight gain, or Sutherlandia frutescens for Type II diabetes

  • Authors: Chadwick, Wayne
  • Date: 2003
  • Subjects: Rats -- Metabolism , Non-insulin-dependent diabetes -- Research , Rats as laboratory animals
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11068 , http://hdl.handle.net/10948/313 , Rats -- Metabolism , Non-insulin-dependent diabetes -- Research , Rats as laboratory animals
  • Description: Type II diabetes is fast becoming a growing problem in developed countries worldwide. Traditionally the median age for diagnosis was around sixty, but recent surveys have shown that the entire age distribution curve has shifted to the left. Western countries boast the worst statistics in which type II diabetes is being reported in children under the age of ten. At such a young age the disease often goes undiagnosed for long periods of time allowing considerable damage to occur. The incidence of type II diabetes is thought to be parallel with the growing rate of obesity associated with a characteristically unhealthy western diet. Type II diabetes is an extremely expensive disease to manage, and with the rapid growth of this pandemic our country will soon feel the economic burden of this disease. It is for this reason that cheaper medication needs to be investigated in the form of traditional plants, such as Sutherlandia frutescens. Prescription medication, such as tricyclic antidepressants, may also increase body weight or appetite thereby playing a role in obesity. The cause of weight gain in such cases may go unrecognized or lead to cessation of the medication with or without the practitioner’s knowledge or approval. It is therefore necessary to investigate the causative agents responsible for the excessive weight gain. Drinking water containing extracts of the S. frutescens, metformin (a well known type II diabetes medication) and amitriptyline (a common tricyclic antidepressant) was administered to three groups of ten male Wistar rats. The control group received water without any medication. The rat’s weight and food consumption was monitored throughout the trial and their oxygen consumption was also determined. Rats were sacrificed after four months of medicinal compliance and glucose uptake, in the presence and absence of insulin, was tested in epididymal fat, liver and muscle. Fasting plasma glucose levels, lipoprotein, cholesterol and triglyceride concentrations were also determined.
  • Full Text:
  • Date Issued: 2003

Occupational medical examinations and labour law

  • Authors: Lapere, Jan Noel Romain
  • Date: 2003
  • Subjects: Employees -- Medical examinations -- South Africa , Labor laws and legislation -- South Africa , Medical screening -- South Africa , Industrial hygiene -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11045 , http://hdl.handle.net/10948/302 , Employees -- Medical examinations -- South Africa , Labor laws and legislation -- South Africa , Medical screening -- South Africa , Industrial hygiene -- South Africa
  • Description: South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
  • Full Text:
  • Date Issued: 2003

Personality traits of patients participating in a group programme at a private psychiatric day clinic

  • Authors: Oakes, Elizabeth Jean
  • Date: 2003
  • Subjects: Personality assessment -- South Africa -- Port Elizabeth , NEO Personality Inventory -- South Africa -- Port Elizabeth , Psychotherapy -- Outcome assessment -- South Africa -- Port Elizabeth
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:11028 , http://hdl.handle.net/10948/331 , Personality assessment -- South Africa -- Port Elizabeth , NEO Personality Inventory -- South Africa -- Port Elizabeth , Psychotherapy -- Outcome assessment -- South Africa -- Port Elizabeth
  • Description: The current trend in psychiatric health care is towards comprehensive primary healthcare for all South Africans. This has been has been achieved by the restructuring of the National Health System (NHS) into national, provincial, district, and community levels, which provide outpatient and inpatient care at primary, secondary, and tertiary care levels. Assessment and treatment in the form of physical and psychosocial interventions form an integral part of psychiatric care. The value of personality assessment and, in particular, the potential for matching patient personality types with effective treatment options, may play a role in facilitating effective health care in the future. An overview of the literature indicates that little research has been done regarding the area of personality traits of psychiatric patients in South Africa. This study aims to explore and describe the personality traits or profile of individuals attending a private psychiatric day care facility in The Nelson Mandela Metropole (i.e., Parkwood Day Clinic). The sample consisted of 196 participants (104 male and 92 female) who attended a group programme from April 2000 to April 2001. As part of the programme, patients were required to com plete a series of pencil-and-paper measures. The questionnaires selected for this study included a biographical questionnaire, which was used to describe the biographical variables of the sample with regard to gender, age and marital status, and The Revised NEO Personality Inventory (NEO PI-R) (Costa & McCrae, 1992a), which was used as a measure of personality. The NEO PI-R is considered a concise measure of the five major domains of personality and some of the more important traits that define each domain. Together, the five domains Neuroticism (N), Extraversion (E), Openness (O), Agreeableness (A) and Conscientiousness (C), and the six facets within each domain, allow for a comprehensive assessment of adult personality. xiv An exploratory, descriptive method was used in the study, and the data was analysed using descriptive and inferential statistics, including correlations, cluster analysis, and multivariate analysis of variance. Key findings include the following: Results from the NEO PI-R domains showed a personality profile of very high scores for N, and average scores for E, O, A, and C. Within the sample, cluster analysis revealed five distinct personality profile clusters. For the biographical variable gender, significant differences were found between males and females on N, with the majority of males scoring in the category of Very High and High, and the majority of females scoring in the Average category. For the variable age, the results indicated significant differences on A, with participants in the young adulthood group scoring significantly lower on A than participants in the middle adulthood group. For marital status, on the domain of O, significant differences were found between the divorced or widowed and the married, with the married scoring in the Low category and the divorced or widowed in the Average category. On the domain of C, significant differences were noted between the singles group and the currently or previously married groups, with the single group tending to score lower on C than both other groups. These findings reveal a need for further research into personality traits and psychiatric samples, as consideration of personality traits based on the profile established, may be useful in matching patients’ characteristics with optimal treatment options.
  • Full Text:
  • Date Issued: 2003

Procedural fairness in unprotected strike dismissals

  • Authors: Nel, Werner
  • Date: 2003
  • Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa , South Africa. Labour Relations Act -- 1995
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11049 , http://hdl.handle.net/10948/314 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa , South Africa. Labour Relations Act -- 1995
  • Description: The Labour Relations Act contains a definition of a strike which reads as follows: “’strike’ means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee, and every reference to ‘work’ in this definition includes overtime work, whether it is voluntary or compulsory.” The Labour Relations Act offers strikers special protection against dismissal if they conform with the Act and its provisions. Hence the distinction between those strikes and protest action in compliance with the Act, namely ‘protected’ strikes and protest action, and those strikes and protest action in violation of the Act, namely, ‘unprotected’ strikes and protest action. Participation in an unprotected strike is one form of misbehaviour. The Labour Relations Act expressly prohibits the dismissal of employees engaged in a lawful strike. Employees engaged in strike action contrary to the provisions of the Labour Relations Act may be dismissed since their strike action is deemed to be a form of misconduct. The dismissal of striking employees must be both substantially and procedurally fair.
  • Full Text:
  • Date Issued: 2003

Provocation as a defence in English and South African criminal law

  • Authors: Krause, Samantha
  • Date: 2003
  • Subjects: Provocation (Criminal law) -- South Africa , Provocation (Criminal law) -- Great Britain
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11044 , http://hdl.handle.net/10948/310 , Provocation (Criminal law) -- South Africa , Provocation (Criminal law) -- Great Britain
  • Description: In the past 20 years the defence of provocation has shifted from the periphery of South African law to a fully developed defence available to those who kill when provoked. Not only is the defence available to the provoked, but it has been extended to those who kill when subjected to emotional stress. However, the defence is mirred in controversy and bad decisions. Not only has the precise nature of the defence not been clarified, but this lack of clarity has been exacerbated by confusing decisions of our courts. This confusion is partly a result of the development of the defence of incapacity, particularly its extension to cases involving provocation and mental stress, and partly a result of its application in practice. Three major problems have plagued the provocation defence. Firstly, the courts have confused the defence of sane automatism with that of non-pathological incapacity. Secondly, there has been an implied use of an objective test in determining criminal incapacity where the enquiry has clearly been a subjective one. Thirdly, it has been held that the problem may not so much be the subjective aspect of provocation, but rather its application. The real problem seems to lie in the theoretical confusion as to the precise meaning of lack of “selfcontrol”. Lastly, on occasion the courts have failed to distinguish lack of capacity from diminished responsibility. Thus, in order to gain clarity concerning this “grey” area of the law these problems have created, it is necessary for South African law to consult more authoritative sources to receive guidance for the problems identified. One of those sources that has been consulted is that of English law. English law, however, deals with the defence of provocation in a different manner. Raising a defence of provocation here does not result in an acquittal but rather in a reduction of the charge to manslaughter. However, the English law on provocation is also 7 plagued by various problems. Firstly, there is the issue of cumulative provocation. Generally, there is little difficulty in cases where there is no “immediate trigger”. Secondly, the fundamental flaw with the current test of the reasonable man is that the courts have had to swing between the two aims of taking a compassionate view of human frailty while endeavoring to maintain an objective standard of the reasonable man. Lastly, it can be said that the problem with the proportionality requirement is that it makes the provocation defence dependant upon the assessment of the accused’s conduct after he or she lost his or her selfcontrol rather than on his or her giving way to passion and losing control in the first place. It is clear that from the problems identified in both South African law and English law concerning the defence of provocation the courts in each jurisdiction will have to pay careful attentio n to the problems highlighted and apply the law in such a way so as to ensure clarity and legal certainty.
  • Full Text:
  • Date Issued: 2003

Reader-response approaches to literature teaching in a South African OBE environment

  • Authors: Van Renen, Charles Gerard
  • Date: 2003
  • Subjects: Reader-response criticism -- South Africa , Literature -- Study and teaching -- South Africa , Competency-based education -- South Africa
  • Language: English
  • Type: Thesis , Doctoral , DEd
  • Identifier: vital:11013 , http://hdl.handle.net/10948/297 , Reader-response criticism -- South Africa , Literature -- Study and teaching -- South Africa , Competency-based education -- South Africa
  • Description: This research is based on the hypothesis that response-based approaches to teaching literature and an outcomes-based system of education (OBE) are conceptually incompatible. This thesis claims that reader response involves processes that cannot be accommodated pedagogically within a system based on pre-determined outcomes. Furthermore, the kind of assessment prescribed by OBE is inappropriate to the nature of reader response. The hypothesis is based on three main premises. The first is that each reader brings a highly individual and complex set of personal schemata to the reading of imaginative texts, and these schemata have a decisive influence on the nature of a reader’s response. This means that response during imaginative engagements with literary texts tends to be idiosyncratic, and therefore largely unpredictable. Because of this, it would be inappropriate for a teacher, working within an OBE system, to try to teach towards pre-selected outcomes and to attempt to ensure that these outcomes, based on responses to literary texts, are in fact achieved. The second premise is that readers’ imaginative engagements with literary texts are essentially hidden events, which even the individual reader cannot fully bring to the surface and articulate. Because they are complex, and to some extent inaccessible, it would be inappropriate to assess the processes of response in the form of tangible evidence that a particular kind of response has taken place, or an outcome achieved. The third premise is that responses need time to grow and develop and do not merely happen quickly and cleanly. Consequently, aesthetic response, already a complex and inaccessible process, has no clearly distinguishable beginnings or endings. It would therefore be inappropriate to try to pinpoint the exact nature and parameters of a particular response or fragment it into a discrete unit of competence or knowledge. A two-dimensional problem emerges. The first is a conceptual one: whether there is an inherent tension between encouraging response to imaginative literature on the one hand, and accepting the rationale for OBE, on the other. The second dimension of the problem is empirical: whether teachers of literature experience any tension of either a conceptual or a practical nature when following response based approaches within the OBE system of Curriculum 2005, and if so, what they do in order to cope. In exploring the conceptual problem, the argument of this thesis is supported by reception theory and reader response criticism. The former provides key theoretical principles and insights that illuminate the nature of aesthetic reading, while the latter describes and analyses the nature, extent and manifestations of response in educational contexts, underpinned by both reception theory and empirical research. Together they offer evidence that personal response is determined by a complex range of processes, and is the core activity in reading for aesthetic purposes. This thesis also examines the conceptual basis and the structure of OBE as interpreted in both Curriculum 2005 and the revised National Curriculum Statement. The purpose of this is to establish the extent to which the philosophy and modus operandi of these curricula are rooted in notions of competence, and the requirement that learners give tangible demonstrations of pre-determined outcomes being achieved. If it is found that the curricula do lean heavily on pre-determined outcomes in regard to competencies that must be demonstrated, it may be concluded that 1) reader response activities are incompatible with OBE in a South African context, and 2) the potential exists for such incompatibility to create obstacles to creative and effective literature teaching. This can lead to difficulties for the teacher, who will then have to adopt acceptable strategies to cope with the situation. These strategies may ultimately be to the detriment of the pupils, particularly if the teacher seeks a compromise between genuine response and the kinds of activities that would yield precise, palpable measures of attainment that can be easily demonstrated. Exploring the empirical dimension of the problem involves investigating the responses of both teachers and teacher trainers to the experience of promoting response-based literature teaching and learning in an OBE environment. In order firstly investigated whether the practitioners do encourage reading response as a core activity in reading for aesthetic purposes. The extent to which practitioners have a sound grasp of the conceptual issues relevant to this research is also investigated. Insight into such issues depends on teachers and teacher trainers understanding the nature of reader response, on the one hand, and the rationale and structures of the relevant OBE curricula, on the other. Whether, and to what extent, practitioners experience tensions through their awareness of conceptual incompatibilities is also investigated. It should be borne in mind that practitioners work in real contexts in which a variety of complex factors play a role in determining how they respond to pressures from the environment. It cannot therefore be expected that teachers and others involved in delivering the curriculum will be able to reflect on purely conceptual issues without being influenced to an extent by more practical or logistical considerations. However, this study argues that the extent to which they are able to identify the relevant factors that affect the conceptual underpinnings of their practice will determine the degree to which their responses support the argument of this thesis. Together, the empirical and the theoretical findings offer qualitative evidence that should illuminate the nature and extent of the problem.
  • Full Text:
  • Date Issued: 2003

Sandy beach morphodynamics and macrobenthic communities in temperate, subtropical and tropical regions : a macroecological approach

  • Authors: Soares, Alexandre Goulart
  • Date: 2003
  • Subjects: Seashore ecology , Intertidal ecology , Benthos
  • Language: English
  • Type: Thesis , Doctoral , PhD
  • Identifier: vital:11077 , http://hdl.handle.net/10948/293 , Seashore ecology , Intertidal ecology , Benthos
  • Description: A comprehensive study involving 52 microtidal beaches spanning from reflective to dissipative states and located in tropical, subtropical and temperate regions in the Atlantic, Pacific and Indian oceans was carried out to unravel the relative roles of latitude and beach morphodynamics in determining beach macrobenthic species richness, abundance, biomass and mean individual body sizes. Since beach slope is one of the most important factors controlling beach fauna, a model based on beach geometry was applied to the sub-aerial beach deposit to understand the role of physical factors in predicting equilibrium beach slopes. Additionally, it was tested if the occurrence of beach types is related to latitude, and how physical factors change with morphodynamics and latitude. The beach morphometric model makes three assumptions: 1) that the cross-section of a beach deposit is equivalent to a right-angled triangle, 2) that the physical hydrodynamic factors (wave height and spring tide amplitude) and the beach deposit characteristics (sand grain size, beach slope and width) are interchangeable with their geometric counterparts producing an equation to explain beach geometry, and 3) that the predicted beach slope is in equilibrium with the hydrodynamic and sedimentological forces. The equation for predicting beach slope was derived and then tested against field data collected over 52 beaches. The predicted slopes were not significantly different from the observed slopes of the studied natural beaches. However some estimated slopes were different than observed ones. Possible sources of deviation between calculated and observed slopes may be the systematic sampling errors associated with field data. Alternatively, observed slopes could be the result of past hydrodynamic conditions, explaining the differences with the slopes calculated by the beach morphometric model, which assumes a state of equilibrium between beach slope and hydrodynamic conditions. A higher correlation of beach faunal structure with observed slopes rather than with present hydrodynamic conditions could then be indicative of faunal responses to previous hydrodynamic conditions in the same way was the observed slopes. The beach morphometric model could therefore be also useful in predicting faunal responses to changing hydrodynamic conditions. Since the model does not consider wave period, it is concluded that further tests should be done using laboratory and time-series field data and incorporating the role of wave period and beach permeability to ascertain its predictive value. Tropical regions had significantly more beaches in a reflective state than temperate and subtropical regions. Some tropical beaches were fronted by coral reefs, which not only provided coarse carbonate particles, but also additionally dissipated the low wave energy present in these climatic areas. Only one dissipative beach with high energy was found in the tropics, in southeast Madagascar. Temperate and subtropical regions, on the other hand, were dominated by dissipative beaches with medium to fine sands. Open oceanic reflective beaches were non-existent in the subtropics and rare in temperate regions, only occurring in estuaries, enclosed bays or on islands facing the continent. Intermediate beaches were more common in the subtropics but also occurred frequently in the other two regions, having higher energy in temperate regions. Reflective beaches had significantly steeper slopes, coarser sands, smaller waves and shorter swash lengths when compared to dissipative beaches. Additionally, reflective beaches were narrower, had deeper water tables and in consequence shorter saturation zones. Wave periods and surfzone widths were on average larger on dissipative than on reflective beaches. The frequency of occurrence of beach types is therefore related to the climatic signature of each latitude. Mid latitudes would be predicted to have more dissipative beaches with large and long waves because of their proximity to the storm generating belt around 50-60° S - these beaches will have a predominantly finer sands because of the input by rivers in rainy areas. Lower latitudes will have more reflective beaches due to a modal low energy wave climate and also because of the presence of inshore and offshore biotic structures such as coral reefs that dissipate even more the energy from the waves. Tropical and subtropical regions had larger marine species pools than temperate regions. After controlling for biogeographical differences in total species pool, dissipative beaches were on average significantly richer than intermediate and reflective beaches. Crustaceans were also more diverse on dissipative beaches, this difference being not significant for either molluscs or polychaetes. Significant relationships were found between total beach species richness (with or without terrestrial species), crustacean and mollusc species richness with beach morphodynamics as represented by the Dean’s index. Indices incorporating the role of tide, such as BSI, were less important in predicting species richness on the microtidal beaches studied here. Several other physical factors were also significantly correlated with species richness, the most important being the Beach Deposit Index, i.e. BDI, a composite index of beach slope and grain size. The highest correlation was between BDI and relative species richness, i.e. local beach species richness / regional species richness. Total regional marine species richness was higher in Madagascar and North Brazil (tropical beaches) than in Southeast Brazil (subtropical), or the West Coast of South Africa and South-Central Chile (temperate beaches). Not only was the pool of species capable of colonizing beaches richer in tropical and subtropical regions, but also local diversity of each morphodynamic beach type was higher among tropical beaches than their temperate counterparts. Although the results of this study agree with the predictions of the swash exclusion hypotheses, several reflective and intermediate beaches had higher species richness than predicted before and this seems to be linked to the presence of finer sediments and a less turbulent flow for larvae to settle. It is concluded that beach species richness is not necessarily controlled by one major morphodynamic parameter; this control is complex and probably involves multiple interacting biotic (biological interactions) and abiotic (e.g. grain size, wave height, beach slope and width, water table) factors. Species richness seems to be controlled on two different scales: on an evolutionary one where tropical and subtropical regions have higher regional and local diversity due to higher speciation rates; and on an ecological scale, where fine grained sand beaches have their carrying capacity enhanced by higher larval settlement rates and survival of recruits towards adulthood. On average dissipative beaches had higher total densities and macrofaunal abundances than reflective ones. Crustaceans, terrestrial species and cirolanid isopods such as Excirolana spp. were also more abundant on dissipative beaches. The difference was not significant for molluscs and polychaetes. Significant relationships were found between total abundance, crustacean species richness and beach morphodynamics as represented by the Dean’s index. Again, BSI was less important than individual physical factors in determining faunal abundance on the studied microtidal beaches. Several other physical factors were also significantly correlated with abundance, the most important being the Beach Deposit Index (BDI). The highest correlation was between BDI and total macrofaunal abundance. Factors related to surf zone processes, and possibly productivity, were highly correlated with total community, crustaceans, Excirolana spp. and terrestrial species abundances. The abundances of polychaetes and molluscs were better correlated with factors related to the beach deposit (BDI, slope, grain size and water table depth). Significant differences were observed between latitudinal regions for the average beach and also for each beach type. In general temperate beaches harboured larger community densities and abundances, and also crustacean, Excirolana spp. and terrestrial abundances. Mollusc and polychaete abundances were larger on subtropical and tropical beaches. The control of abundance on a sandy beach is complex and involves multifactorial processes at evolutionary and ecological scales. At evolutionary scales animals seem to attain higher abundances in the region where they first evolved, e.g. amphipods and isopods in temperate regions. At ecological scales they attain higher abundances where productivity is higher (total macrofaunal, crustaceans, Excirolana spp., terrestrial spp.) or where the settlement environment is more benign (molluscs and polychaetes). Dissipative beaches supported larger average and total community biomass than reflective beaches. Crustaceans, terrestrial species and cirolanid isopods such as Excirolana spp. also had larger biomass on dissipative beaches. The difference was not significant for molluscs and polychaetes. Significant relationships were found between the biomass of community and taxonomic groups with beach morphodynamics as represented by the Dean’s morphodynamic index. On the microtidal beaches studied here, BSI was less important than other morphodynamic indices and single physical factors in determining faunal biomass and mean individual body size. Surf zone characteristics such as wave height, period and surf zone width had the highest correlations with community, crustacean.
  • Full Text:
  • Date Issued: 2003

The application of the hearsay rule in labour law proceedings

  • Authors: Hanekom, Jurgens Philip
  • Date: 2003
  • Subjects: Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11053 , http://hdl.handle.net/10948/300 , Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
  • Description: To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
  • Full Text:
  • Date Issued: 2003

The constitutional right to legal representation during disciplinary hearings and proceedings before the CCMA

  • Authors: Buchner, Jacques Johan
  • Date: 2003
  • Subjects: Right to counsel -- South Africa , Dispute resolution (Law) -- South Africa , Labor laws and legislation -- South Africa , South Africa. Commission for Conciliation, Mediation and Arbitration
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11052 , http://hdl.handle.net/10948/294 , Right to counsel -- South Africa , Dispute resolution (Law) -- South Africa , Labor laws and legislation -- South Africa , South Africa. Commission for Conciliation, Mediation and Arbitration
  • Description: The right to legal representation at labour proceedings of an administrative or quasi-judicial nature is not clear in our law, and has been the subject of contradictory debate in the South African courts since the1920’s. Despite the ambiguities and uncertainty in the South African common law, the statutory regulation of legal representation was not comprehensively captured in labour legislation resulting in even more debate, especially as to the right to be represented by a person of choice at these proceedings in terms of the relevant entrenched protections contained in the Bill of Rights. The Labour Relations Act 12 of 2002 (prior to amendment) is silent on the right to representation at in-house disciplinary proceedings. Section 135(4) of Act 12 of 2002 allows for a party at conciliation proceedings to appear in person or to be represented by a director or co employee or a member or office bearer or official of that party’s registered trade union. Section 138(4) of the same Act allows for legal representation at arbitration proceedings, but subject to section 140(1) which excludes legal representation involving dismissals for reasons related to conduct or capacity, unless all parties and the commissioner consent, or if the commissioner allows it per guided discretion to achieve or promote reasonableness and fairness. The abovementioned three sections were however repealed by the amendments of the Labour Relations Act 12 of 2002. Despite the repealing provision, Item 27 of Schedule 7 of the Amendment reads that the repealed provisions should remain in force pending promulgation of specific rules in terms of section 115(2A)(m) by the CCMA. These rules have not been promulgated to date. The common law’s view on legal representation as a compulsory consideration in terms of section 39 of the Constitution 108 of 1996 and further a guidance to the entitlement to legal representation where legislation is silent. The common law seems to be clear that there is no general right to legal representation at administrative and quasi judicial proceedings. If the contractual relationship is silent on representation it may be permitted if exceptional circumstances exist, vouching such inclusion. Such circumstances may include the complex nature of the issues in dispute and the seriousness of the imposable penalty ( for example dismissal or criminal sanction). Some authority ruled that the principles of natural justice supercede a contractual condition to the contrary which may exist between employer and employee. The courts did however emphasize the importance and weight of the contractual relationship between the parties in governing the extent of representation at these proceedings. Since 1994 the entrenched Bill of Rights added another dimension to the interpretation of rights as the supreme law of the country. On the topic of legal representation and within the ambit of the limitation clause, three constitutionally entrenched rights had to be considered. The first is the right to a fair trial, including the right to be represented by a practitioner of your choice. Authority reached consensus that this right, contained in section 35 of the Constitution Act 108 of 1996 is restricted to accused persons charged in a criminal trial. The second protection is the entitlement to administrative procedure which is justifiable and fair (This extent of this right is governed y the provisions of the Promotion of Access to Administrative Justice Act 3 of 2000) and thirdly the right to equality before the law and equal protection by the law. In conclusion, the Constitution Act 108 of 1996 upholds the law of general application, if free and justifiable. Within this context, the Labour Relations Act 66 of 1995 allows for specific representation at selected fora, and the common law governs legal representation post 1994 within the framework of the Constitution. The ultimate test in considering the entitlement to legal representation at administrative and quasi judicial proceedings will be in balancing the protection of the principle that these tribunals are masters of their own procedure, and that they may unilaterally dictate the inclusion or exclusion of representation at these proceedings and the extent of same, as well as the view of over judicialation of process by the technical and delaying tactics of legal practitioners, against the wide protections of natural justice and entrenched constitutional protections.
  • Full Text:
  • Date Issued: 2003

The effect of human soluble FceRII on the RPMI 8866 B-Lymphoblastoid and the U937 Monocyte cell lines

  • Authors: Daniels, Brodie Belinda
  • Date: 2003
  • Subjects: Developmental inmmunology , Cellular control mechanisms
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11084 , http://hdl.handle.net/10948/322 , Developmental inmmunology , Cellular control mechanisms
  • Description: Due to the diverse functions of Fc eRII, such as its roles in cellular adhesion, growth and differentiation of B and T lymphocytes, rescue of B cells from apoptosis and release of cytotoxic mediators, it is clear why it is believed to be a central molecule in allergic response. Because of its important role in the regulation of IgE production, FceRII may be the primary cause of certain allergic conditions. This study attempted to express and purify a recombinant human soluble FceRII to test its effect on a B-lymphoblastoid (RPMI 8866) and a monocytic (U937) cell line. The protein was expressed in Escherichia coli inclusion bodies, before being refolded and purified in a single gel chromatography step. This pure protein was then tested for biological activity by testing its IgE binding func tion. Once proven functional, it was used to test its effect on the cell lines at three concentrations for its apoptotic rescue properties and its cytokine effects. The recombinant protein did not seem to have any significant effect on the apoptotic rescue of either cell line. While the recombinant sFceRII appeared to have a slight effect on the stimulation of IL-1ß and TNFa in the RPMI 8866 cells, there was no apparent effect on the production of NF?B. In U937 cells, the protein did not seem to have any effect on the stimulation of IL-1ß, TNFa or NF?B. However, the cytokine effects of the recombinant protein were tested on isolated PBMCs from a healthy individual and a hyper-IgE syndrome patient. The recombinant protein was able to stimulate the production of cytokines in both individuals’ PBMCs, proving that it has the same effect as the natural protein. The upregulation of these cytokines indicates that the recombinant protein is able to stimulate the immune system. Therefore, this recombinant soluble FceRII protein could possibly be used for immune therapy.
  • Full Text:
  • Date Issued: 2003

The effects of goat browsing on ecosystem patterns and processes in succulent thicket, South Africa

  • Authors: Lechmere-Oertel, Richard Geoffrey
  • Date: 2003
  • Subjects: Succulent plants -- South Africa -- Eastern Cape , Landscape ecology -- South Africa -- Eastern Cape , Goats -- Feeding and feeds
  • Language: English
  • Type: Thesis , Doctoral , PhD
  • Identifier: vital:11074 , http://hdl.handle.net/10948/309 , Succulent plants -- South Africa -- Eastern Cape , Landscape ecology -- South Africa -- Eastern Cape , Goats -- Feeding and feeds
  • Description: Transformation in the arid succulent thicket of the Eastern Cape of South Africa in response to unsustainable livestock production has been widespread, with less than 10 percent remaining intact. Transformation in succulent thicket has resulted in large areas of dense thicket (comprising a two-phase mosaic of perennial-vegetated patches separated by animal paths and bare patches) being replaced with a ‘pseudo-savanna’ of remnant canopy trees with a structurally simple field layer of ephemeral and short- lived perennial grasses and forbs. There is an extensive literature describing the transformation of succulent thicket, with many speculative statements about the underlying mechanisms of transformation. The central focus of this study was to improve our mechanistic understanding of transformation in succulent thicket using field experiments. Hopefully these results will set another foundation upon which future management of succulent thicket can be improved and large-scale restoration initiated. This study comprises four themes that are linked to the concept of landscape function. The central premise of landscape function is that functional landscapes have mechanisms that capture and retain scarce resources. Conversely, as landscapes become increasingly dysfunctional, so these mechanisms become disrupted. In succulent thicket, dysfunctio n appears to be linked to the reduced ability to harvest water, cycle carbon and a loss of organic carbon. In this thesis I examined some of the key processes that influence water and organic carbon fluxes: perennial vegetation cover, soil fertility, litter fall and decomposition, and runoff and soil erosion. The experimental design that was used for all this work was a factorial ANOVA based on replicated fenceline contrasts that reflect differences in long-term management history. The main objectives of this thesis were to: quantify the patterns of transformation in an arid form of succulent thicket, including changes in the biomass, cover and structure of the dominant vegetation guilds; test the stability of the transformed succulent thicket ecosystem to show whether it is a new stable state or an intermediate stage in a trajectory towards a highly desertified state where only the ephemeral grasses and forbs persist; describe and compare soil fertility across transformation contrasts, concentrating on changes in the spatial patterns of soil resources and the ability of the soil to harvest precipitation; to compare litter fall and decomposition of leaf material from the dominant plants in intact and transformed succulent thicket; to quantify and compare run-off and erosion from run-off plots in intact and transformed succulent thicket. Transformation and stability I quantified the changes in plant diversity, physiognomy and biomass that occur across transformation contrasts. Thicket transformation results in a significant loss of plant diversity and functional types. There is also a significant reduction in the biomass (c. 80 t.ha-1) and structural complexity of the vegetation, both vertically and horizontally. These results were interpreted in terms of their implications for ecosystem functioning and stability. To test the stability of the transformed succulent thicket I used aerial photographs and ground-truthing to track the survivorship of canopy trees over 60 years in pseudo-savanna landscapes. I also measured seedling establishment in different habitats. I show that the pseudo-savanna is not a stable state owing to ongoing adult mortality and no recruitment of canopy trees. Soil fertility and water status I hypothesised that the above-ground changes in ve getation would be accompanied by similar trends in the pattern and levels of soil nutrient resources and the ability of the landscape to harvest precipitation. I compared soil fertility (organic carbon, available nitrogen and phosphorus), texture, matric potential, and surface micro-topography in the two main micro- habitats on either side of the replicated fenceline contrasts. The results show that intact spekboom thicket has a distinct spatial pattern of soil fertility where nutrients and organic carbon are concentrated under the patches of perennial shrubs, compared to under canopy trees and open spaces. Transformation results in a significant homogenisation out of this pattern and an overall reduction in the fertility of the landscape. The proportion of the landscape surface that would promote infiltration of water decreases from 60 – 0.6 percent. Soil moisture retention (matric potential) also decreases with transformation. I interpreted these patterns in terms of the ability of the landscape to harvest and release water after rainfall events. Litter fall and decomposition Surface litter and soil organic matter are critical components to wooded ecosystems; contributing to several ecosystem functions. The rates of litter fall and decomposition are ratelimiting steps in nutrient cycling and incorporation of organic matter into the soil. The ecological mechanisms behind the collapse of succulent thicket in the face of domestic herbivory are not fully understood, but are believed to include the breakdown of several ecosystem processes, including litter fall and decomposition. I quantified the changes in litter fall and litter decomposition of four of the dominant perennial woody plants (Euclea undulata, Pappea capensis, Portulacaria afra and Rhus longispina) across the replicated fenceline. Litter fall was measured over 14 months using mesh traps. Decomposition was measured over 15 months using a combination of litterbags and unprotected leaf packs. I also quantified soil microclimate during the experimental period; hypothesising that transformation would lead to soil conditions less amenable for biotic activity. Litter fall in succulent thicket was very high for a semi-arid system, comparing more to temperate forests. The leaf-succulent P. afra contributed the largest single component of the total litter production at a landscape scale. The effect of transformation on litter fall was species specific. Deep-rooted or drought-adapted species showed no change in litter yield with transformation; shallow-rooted species showed a significant decrease. There were few significant differences in decomposition rates across the transformation gradient and between litter types. Portulacaria afra litter had the steepest rate of mass loss, and was most affected by transformation. The more recalcitrant (high C:N ratio) leaves of P. capensis remained largely unaffected by transformation. These results indicate the critical role of the perennial vegetation in incorporating organic carbon into the soil. Transformation of succulent thicket leads to a disruption of the flow of carbon into the soil, reinforcing the cycle of transformation through reduced fertility. Rehabilitation of this ecosystem will require the active establishment of species, such as P. afra, that will restart the flow of carbon into the soil. Run-off & Erosion The landscape function model predicts that functional semi-arid shrublands efficiently conserve limiting resources such as water and water-bourn sediments (soil and organic matter). As these rangelands become transformed through unsustainable livestock production, so their ability to conserve resources decreases. The primary determinant of landscape function and conservation of resources appears to be the proportional cover of perennial vegetation. I hypothesised that the switch from a two-phase mosaic dominated by perennial succulent and woody shrubs to a single phase system dominated by an ephemeral field layer would be accompanied by disruption of the mechanisms that conserve resources. Specifically, I tested the hypothesis that transformation of succulent thicket increases runoff volume, sediment concentration of runoff, soil erosion and loss of organic matter at a patch scale (c. 100 m2). Runoff and water-borne sediment were measured from runoff plots established across replicated fenceline contrasts. Data were collected from eight extreme weather events over two years. There were no significant differences between runoff and erosion across the transformation contrast, as each extreme weather event was unique in terms of its runoff response. The transformed runoff plots alone also gave inconsistent results, largely due to differences in the cover of ephemeral forbs and weakly perennial grasses. Runoff and erosion were not predictable from the data across the transformation gradient due to complex interactions between the nature of the above-ground vegetation, soil micro-topography and land use history. The results highlighted the need for longer-term catchment experiments to generate a predictive understanding of the effect of transformation on runoff and erosion in succulent thicket.
  • Full Text:
  • Date Issued: 2003
  • Disclaimer
  • Privacy
  • Copyright
  • Contact