The identification of factors that contribute to the competitive advantage of the intermodal industry in the Nelson Mandela Metropolitan municipality
- Authors: De Koker, Jacques Michael
- Date: 2003
- Subjects: Freight and freightage -- South Africa -- Port Elizabeth , Containerization -- South Africa -- Port Elizabeth , Competition
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10861 , http://hdl.handle.net/10948/239 , Freight and freightage -- South Africa -- Port Elizabeth , Containerization -- South Africa -- Port Elizabeth , Competition
- Description: The research problem addressed in the study was to identify the factors contributing to a competitive advantage in the intermodal industry in the Nelson Mandela Metropolitan Municipality (NMMM). To achieve this objective, a literature study on competitive advantage and the intermodal industry was undertaken. Porter’s diamond of competitive advantage was used as basis for the study. A structured questionnaire was developed from the literature study on competitive advantage, and interviews were with clients of the intermodal industry in the NMMM. The empirical study showed a strong concurrence with the literature on competitive advantage. This study identified the following factors promoting a competitive advantage: performance factors, demand conditions, related and supporting industries, and the organisation’s strategy, structure and rivalry. In conclusion, recommendations on how the intermodal industry can achieve a competitive advantage included the choice between a focused strategy and a combination of price and differentiation strategy. Further recommendations included the development of a comprehensive land freight information system, promotion of environmental protection, human resource development, and the promotion of an efficient and competitive intermodal industry within the limits of the road transport infrastructure.
- Full Text:
- Date Issued: 2003
- Authors: De Koker, Jacques Michael
- Date: 2003
- Subjects: Freight and freightage -- South Africa -- Port Elizabeth , Containerization -- South Africa -- Port Elizabeth , Competition
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10861 , http://hdl.handle.net/10948/239 , Freight and freightage -- South Africa -- Port Elizabeth , Containerization -- South Africa -- Port Elizabeth , Competition
- Description: The research problem addressed in the study was to identify the factors contributing to a competitive advantage in the intermodal industry in the Nelson Mandela Metropolitan Municipality (NMMM). To achieve this objective, a literature study on competitive advantage and the intermodal industry was undertaken. Porter’s diamond of competitive advantage was used as basis for the study. A structured questionnaire was developed from the literature study on competitive advantage, and interviews were with clients of the intermodal industry in the NMMM. The empirical study showed a strong concurrence with the literature on competitive advantage. This study identified the following factors promoting a competitive advantage: performance factors, demand conditions, related and supporting industries, and the organisation’s strategy, structure and rivalry. In conclusion, recommendations on how the intermodal industry can achieve a competitive advantage included the choice between a focused strategy and a combination of price and differentiation strategy. Further recommendations included the development of a comprehensive land freight information system, promotion of environmental protection, human resource development, and the promotion of an efficient and competitive intermodal industry within the limits of the road transport infrastructure.
- Full Text:
- Date Issued: 2003
The impact of diversity training on employee attitudes and behaviour with regard to diversity in work organisations: an analysis of a diversity-training programme in a Namibian work organisation
- Authors: Amuenje, Florentia
- Date: 2003
- Subjects: Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2924 , http://hdl.handle.net/10962/d1002433 , Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Description: Diversity training programmes are formal efforts to prepare the workforce to work with individuals from different cultural backgrounds and to improve organisational effectiveness. Although many studies have described diversity training programmes in the workplace, only a few have been evaluated to assess their effectiveness and impact on job outcomes. This thesis describes a study that assessed the impact of a diversity management-training programme on employee attitudes and behaviour towards diversity in a manufacturing company in Namibia. Kirkpatrick’s (1959) four-level model, which examines the trainees’ reactions to the training, the learning acquired, the behaviour change and improvement in organisational results, was used to measure the impact of the training programme. Data was collected through pre-and post-assessment semi-structured individual interviews and a focus group was conducted two months after the training. Data analysis indicates that the first two levels of the evaluation model showed an impact. The participants had positive reactions towards the course and said that they had learnt from the course. The data also showed that the training did not have any impact on the behaviour of the participants and on organisational outcomes. The research also revealed that lack of improved productivity and organisational results might have been influenced by unrealistic expectations, past political conditions, job insecurity and unemployment and the training context. Some recommendations for both the diversity training programme administrators as well as the management of the company are made.
- Full Text:
- Date Issued: 2003
- Authors: Amuenje, Florentia
- Date: 2003
- Subjects: Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2924 , http://hdl.handle.net/10962/d1002433 , Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Description: Diversity training programmes are formal efforts to prepare the workforce to work with individuals from different cultural backgrounds and to improve organisational effectiveness. Although many studies have described diversity training programmes in the workplace, only a few have been evaluated to assess their effectiveness and impact on job outcomes. This thesis describes a study that assessed the impact of a diversity management-training programme on employee attitudes and behaviour towards diversity in a manufacturing company in Namibia. Kirkpatrick’s (1959) four-level model, which examines the trainees’ reactions to the training, the learning acquired, the behaviour change and improvement in organisational results, was used to measure the impact of the training programme. Data was collected through pre-and post-assessment semi-structured individual interviews and a focus group was conducted two months after the training. Data analysis indicates that the first two levels of the evaluation model showed an impact. The participants had positive reactions towards the course and said that they had learnt from the course. The data also showed that the training did not have any impact on the behaviour of the participants and on organisational outcomes. The research also revealed that lack of improved productivity and organisational results might have been influenced by unrealistic expectations, past political conditions, job insecurity and unemployment and the training context. Some recommendations for both the diversity training programme administrators as well as the management of the company are made.
- Full Text:
- Date Issued: 2003
The impact of US Peace Corps volunteers on the management and leadership of a school in Namibia: a case study
- Authors: Ipangelwa, Anna
- Date: 2003
- Subjects: Peace Corps (U.S.) Volunteer workers in Education -- Namibia Education -- Namibia Education and state -- Namibia Educational change -- Namibia School management and organization -- Namibia Educational leadership -- Namibia
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1561 , http://hdl.handle.net/10962/d1003443
- Description: Peace Corps Volunteer teachers have played a significant role in Namibia’s attempts to restructure education in line with its policy of education for all. While we have learned a great deal in recent years about how Peace Corps Volunteer Teachers have achieved their stated goals and objectives of teaching students and training serving teachers, we still know relatively little about the role they may have played in school management. The purpose of this study is to examine the impact of Peace Corps volunteers work on the management and leadership of the schools they serve. The study focuses on the work of two volunteers based in a combined school in the Ondangwa West educational region of Namibia. The study adopts a qualitative approach and seeks to establish whether there has been an impact by Peace Corps volunteer’s work on the management and leadership of this school by focusing on (a) activities performed by Peace Corps volunteers; (b) the experiences of both management and staff in working with Peace Corps volunteers; (c) whether the presence of Peace Corps volunteers that served at the school influence the management and leadership of the school; (d) how the duties and activities performed by these volunteers were perceived by the students, teachers and community. The interview questions that were used to collect data from seven respondents were based on the literature from Peace Corps and the Ministry of Basic Education, Culture and Sport as well as education management and leadership literature. The findings indicate that volunteers that served at this school performed management and leadership related activities with the students, teachers and community and that these activities are having an effect on the management and leadership of the school.
- Full Text:
- Date Issued: 2003
- Authors: Ipangelwa, Anna
- Date: 2003
- Subjects: Peace Corps (U.S.) Volunteer workers in Education -- Namibia Education -- Namibia Education and state -- Namibia Educational change -- Namibia School management and organization -- Namibia Educational leadership -- Namibia
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1561 , http://hdl.handle.net/10962/d1003443
- Description: Peace Corps Volunteer teachers have played a significant role in Namibia’s attempts to restructure education in line with its policy of education for all. While we have learned a great deal in recent years about how Peace Corps Volunteer Teachers have achieved their stated goals and objectives of teaching students and training serving teachers, we still know relatively little about the role they may have played in school management. The purpose of this study is to examine the impact of Peace Corps volunteers work on the management and leadership of the schools they serve. The study focuses on the work of two volunteers based in a combined school in the Ondangwa West educational region of Namibia. The study adopts a qualitative approach and seeks to establish whether there has been an impact by Peace Corps volunteer’s work on the management and leadership of this school by focusing on (a) activities performed by Peace Corps volunteers; (b) the experiences of both management and staff in working with Peace Corps volunteers; (c) whether the presence of Peace Corps volunteers that served at the school influence the management and leadership of the school; (d) how the duties and activities performed by these volunteers were perceived by the students, teachers and community. The interview questions that were used to collect data from seven respondents were based on the literature from Peace Corps and the Ministry of Basic Education, Culture and Sport as well as education management and leadership literature. The findings indicate that volunteers that served at this school performed management and leadership related activities with the students, teachers and community and that these activities are having an effect on the management and leadership of the school.
- Full Text:
- Date Issued: 2003
The importance of managing cultural change in the succession process within family businesses in the Gauteng area
- Authors: Hynd, Dale Vaughan
- Date: 2003
- Subjects: Family-owned business enterprises -- South Africa Family-owned business enterprises -- Succession Corporate culture -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3173 , http://hdl.handle.net/10962/d1007802
- Description: The aim of this research was to ascertain the implications and the impact that the succession process would have on the organisational culture of family businesses. In an attempt to answer this, the researcher asked three questions surrounding the succession process and its relationship with organisational culture. The questions related to the extent to which the family business was prepared for change in management; what changes occurred before, during, and immediately after the succession process, and what results these changes had on the organisational culture. Family businesses account for a large proportion of the national and global market activities, and so it is imperative that attention be paid to any problems they may experience. As it is, family businesses have difficulty in successions, with roughly one third of first generation family businesses surviving the succession process. It is the aim of this research to explore the contribution organisational culture has in the large failure rate of succession with family businesses. When successors enter into the organisation, they bring with them different perspectives on managerial issues suggesting that a change in leadership style will occur as a result of a succession. In answering the research questions, the researcher embarked on a two-phase research methodology utilising a quantitative and qualitative process. This triangulation process incorporates a self-administrated survey questionnaire, and six in-depth interviews. The survey questionnaire and interview schedules were structured using a combination of elements obtained from Harris's (1998) and Levinson's (1972). The survey data was analysed using various statistical methods, predominantly a Factor Analysis, where as Abstract iii the interviews were analysed using a theme retrieval process. The two processes were combined to yield the results. The findings of the research conclude that through the introduction of the successor in the change process, a new leadership style is introduced into the business. The new leader changes policies, practices and procedures, which are related to organisational climate and are the tangible aspects of organisational culture. Altering the climate essentially alters the culture, which may result in anxiety within the organisation and lead to tension. If these issues are not addressed, they may result in the demise of family businesses.
- Full Text:
- Date Issued: 2003
- Authors: Hynd, Dale Vaughan
- Date: 2003
- Subjects: Family-owned business enterprises -- South Africa Family-owned business enterprises -- Succession Corporate culture -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3173 , http://hdl.handle.net/10962/d1007802
- Description: The aim of this research was to ascertain the implications and the impact that the succession process would have on the organisational culture of family businesses. In an attempt to answer this, the researcher asked three questions surrounding the succession process and its relationship with organisational culture. The questions related to the extent to which the family business was prepared for change in management; what changes occurred before, during, and immediately after the succession process, and what results these changes had on the organisational culture. Family businesses account for a large proportion of the national and global market activities, and so it is imperative that attention be paid to any problems they may experience. As it is, family businesses have difficulty in successions, with roughly one third of first generation family businesses surviving the succession process. It is the aim of this research to explore the contribution organisational culture has in the large failure rate of succession with family businesses. When successors enter into the organisation, they bring with them different perspectives on managerial issues suggesting that a change in leadership style will occur as a result of a succession. In answering the research questions, the researcher embarked on a two-phase research methodology utilising a quantitative and qualitative process. This triangulation process incorporates a self-administrated survey questionnaire, and six in-depth interviews. The survey questionnaire and interview schedules were structured using a combination of elements obtained from Harris's (1998) and Levinson's (1972). The survey data was analysed using various statistical methods, predominantly a Factor Analysis, where as Abstract iii the interviews were analysed using a theme retrieval process. The two processes were combined to yield the results. The findings of the research conclude that through the introduction of the successor in the change process, a new leadership style is introduced into the business. The new leader changes policies, practices and procedures, which are related to organisational climate and are the tangible aspects of organisational culture. Altering the climate essentially alters the culture, which may result in anxiety within the organisation and lead to tension. If these issues are not addressed, they may result in the demise of family businesses.
- Full Text:
- Date Issued: 2003
The inception phase of a case study of outcomes - based education assessment policy in the Human and Social Sciences Learning Area of C2005
- Authors: Wilmot, P Dianne
- Date: 2003
- Language: English
- Type: Article
- Identifier: vital:6107 , http://hdl.handle.net/10962/d1009736
- Description: This article describes the Inception Phase (January to December 2002) of an ongoing research project focused on the Grade 9 Learning Area of Human and Social Sciences of Curriculum 2005. The case study involves a dynamic interaction between a university lecturer, playing the role of 'outside facilitator', and the History and Geography teachers at two independent schools. The article describes how teachers in a given context respond to outcomes-based education assessment policy, and the tools and processes they use to develop the deep understanding inferred by policy (Republic of South Africa, 2000) to implement change in a meaningful way. The article consists of three sections. The first contextualises significant events which foregrounded and provided the impetus for the research project. It provides an overview of the theory informing the research and the goals of the research. The second analyses in narrative form the various stages of the Inception Phase. It describes a process of curriculum development which has involved the development of criterion- referenced assessment rubrics, a Learner and Curriculum Profile, and an audit of current assessment practices in History and Geography at the two schools. The article illuminates the time and effort necessary for creative and systemic curriculum innovation. The final section synthesizes the information gathered.
- Full Text:
- Date Issued: 2003
- Authors: Wilmot, P Dianne
- Date: 2003
- Language: English
- Type: Article
- Identifier: vital:6107 , http://hdl.handle.net/10962/d1009736
- Description: This article describes the Inception Phase (January to December 2002) of an ongoing research project focused on the Grade 9 Learning Area of Human and Social Sciences of Curriculum 2005. The case study involves a dynamic interaction between a university lecturer, playing the role of 'outside facilitator', and the History and Geography teachers at two independent schools. The article describes how teachers in a given context respond to outcomes-based education assessment policy, and the tools and processes they use to develop the deep understanding inferred by policy (Republic of South Africa, 2000) to implement change in a meaningful way. The article consists of three sections. The first contextualises significant events which foregrounded and provided the impetus for the research project. It provides an overview of the theory informing the research and the goals of the research. The second analyses in narrative form the various stages of the Inception Phase. It describes a process of curriculum development which has involved the development of criterion- referenced assessment rubrics, a Learner and Curriculum Profile, and an audit of current assessment practices in History and Geography at the two schools. The article illuminates the time and effort necessary for creative and systemic curriculum innovation. The final section synthesizes the information gathered.
- Full Text:
- Date Issued: 2003
The individual and the social order in Mill and Hegel : seeking common principles in liberal and communitarian ancestry
- Authors: Koseff, Justin Adam
- Date: 2003
- Subjects: Hegel, Georg Wilhelm Friedrich, 1770-1831 , Mill, John Stuart, 1806-1873 , Liberalism , Communitarianism
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2843 , http://hdl.handle.net/10962/d1005624 , Hegel, Georg Wilhelm Friedrich, 1770-1831 , Mill, John Stuart, 1806-1873 , Liberalism , Communitarianism
- Description: This thesis seeks to establish a significant commonality and compatibility between the principles underpinning the political and social philosophies of GWF Hegel and John Stuart Mill. The role of the individual and the social order in both their theories is discussed and assessed separately and in turn in reference to their respective seminal works on the proper structure, principles and function of modern political infrastructure. Through an interpretation of the fundamental tenets and goals of their theories of the social order I argue for a coherent modern reconstruction of their doctrines, within which I locate parallels and contrasts as they apply. Both theorists as ultimately put forward similar arguments for freedom as an intersubjectively·developed capacity, the ideal social order as rational framework for the management of ethical and political engagement, linked to a social holism that ties individual and social progress inextricably. A respect for individual particularity of perspective and practice is integral both of their social frameworks, but that such a space must be harmonised within a rational political community worthy of individual obligation. Finally their social and political theories can be understood as complementary, each providing insights which the other lacks. Mill suffers from an insufficient regard for the social basis of identity and interconnected nature of the modern institutional framework, while Hegel displays an insufficient regard for Mill's caveats concerning the repressive potential of institutional structures and the dangers of overly empowered bureaucracies. In conclusion key elements of the two theorists' projects stand as separate but not in any way fundamentally opposed to each other. This points to the possibility of a via media between a politics of individualism and a politics of community, suggesting strong potential for reconciliation between liberal and communitarian perspectives.
- Full Text:
- Date Issued: 2003
- Authors: Koseff, Justin Adam
- Date: 2003
- Subjects: Hegel, Georg Wilhelm Friedrich, 1770-1831 , Mill, John Stuart, 1806-1873 , Liberalism , Communitarianism
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2843 , http://hdl.handle.net/10962/d1005624 , Hegel, Georg Wilhelm Friedrich, 1770-1831 , Mill, John Stuart, 1806-1873 , Liberalism , Communitarianism
- Description: This thesis seeks to establish a significant commonality and compatibility between the principles underpinning the political and social philosophies of GWF Hegel and John Stuart Mill. The role of the individual and the social order in both their theories is discussed and assessed separately and in turn in reference to their respective seminal works on the proper structure, principles and function of modern political infrastructure. Through an interpretation of the fundamental tenets and goals of their theories of the social order I argue for a coherent modern reconstruction of their doctrines, within which I locate parallels and contrasts as they apply. Both theorists as ultimately put forward similar arguments for freedom as an intersubjectively·developed capacity, the ideal social order as rational framework for the management of ethical and political engagement, linked to a social holism that ties individual and social progress inextricably. A respect for individual particularity of perspective and practice is integral both of their social frameworks, but that such a space must be harmonised within a rational political community worthy of individual obligation. Finally their social and political theories can be understood as complementary, each providing insights which the other lacks. Mill suffers from an insufficient regard for the social basis of identity and interconnected nature of the modern institutional framework, while Hegel displays an insufficient regard for Mill's caveats concerning the repressive potential of institutional structures and the dangers of overly empowered bureaucracies. In conclusion key elements of the two theorists' projects stand as separate but not in any way fundamentally opposed to each other. This points to the possibility of a via media between a politics of individualism and a politics of community, suggesting strong potential for reconciliation between liberal and communitarian perspectives.
- Full Text:
- Date Issued: 2003
The influence of education on the interpretation of pharmaceutical pictograms for communicating medicine instructions:
- Dowse, Roslind, Ehlers, Martina S
- Authors: Dowse, Roslind , Ehlers, Martina S
- Date: 2003
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/157014 , vital:40079 , DOI 10.1211/002235702810
- Description: To assess the influence of formal education on the interpretation of pharmaceutical pictograms.
- Full Text:
- Date Issued: 2003
- Authors: Dowse, Roslind , Ehlers, Martina S
- Date: 2003
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/157014 , vital:40079 , DOI 10.1211/002235702810
- Description: To assess the influence of formal education on the interpretation of pharmaceutical pictograms.
- Full Text:
- Date Issued: 2003
The labour law consequences of a transfer of a business
- Authors: Abader, Mogamad Shahied
- Date: 2003
- Subjects: Labor laws and legislation -- South Africa , Business enterprises -- Registration and transfer -- South Africa , Labor contract -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11057 , http://hdl.handle.net/10948/306 , Labor laws and legislation -- South Africa , Business enterprises -- Registration and transfer -- South Africa , Labor contract -- South Africa
- Description: The burden that South African labour law has to bear in relation to the economy is very heavy by international standards. In most industrially developed countries, the economy is strong enough either to provide jobs for most work-seekers or, failing that, an adequate social security system for households without breadwinners in place. In most developing countries with high unemployment rates, the labour law system makes only perfunctory effort to reach out to those facing economic marginalisation. South Africa, essentially a developing country, is not like that. The legal system is strong, works off a firm human rights base, and sets out to grapple with the issues. That is how it should be, but it comes at a price – an oftengraphic exposure of the limits of the law in a stressed society. Businesses operate for profit and survival according to the unsentimental ways of the market, and employees back in a bid to save jobs, lifestyles and livelihoods. The stakeholders use power when they have it, and make claims on the law when they don’t. The legislation and the case law reflect, add to and, to a degree, shape the complexities of these contests, and no more so than in the area of business restructuring.1 The new South Africa has quickly become the destination for foreign investment. The weakness of the rand against the dollar, pound, euro and with the “cost to sell and produce” being so low against these currencies, players on the corporate stage constantly change their make-up and composition. The larger engulfs the smaller, one company buys shares in another, or buys it out entirely, or all or part of its assets, and others are liquidated. In all these situations, employees in South Africa may find themselves with new bosses on the morning after. Under common law employees in this situation were deemed to have been discharged by the former employer, whether or not they have been offered positions in the transformed structure. If they did not want to work under it, they could not be forced to do so. That was because an employment contract was deemed in law to be one of a personal nature that could not be transferred from one employer to another without the employees consent. This research is conducted at an interesting time, when the amendments to the Labour Relations Act 66 of 1995 in respect of the transfer of a business, and in particular section 197, dealing with such matters comes into effect. It is also interesting in the sense that most judgements of the Commission for Conciliation, Mediation and Arbitration (CCMA) and judgements of the Labour Court were moving more or less to a common approach or interpretation of section 197 of the Labour Relations Act 66 of 1995 (hereinafter “the LRA”). Section 197 of the LRA sought to regulate the transfer of a business as a going concern and altered the common law regarding the transfer of a business in two situations – firstly when there is no insolvency, factual or legal, concerned, and secondly in the instance where the transferor is insolvent. The first extreme was when an employer is declared insolvent and the contracts of employment terminated automatically. The second extreme was from the first whereby the employer has to terminate the services of his employees and be liable to pay severance pay in terms of section 1893 of the LRA, which has also been amended along with section 197 of the LRA. It is as if this section was introduced to remedy these extremes. These extremes will be dealt with in detail in this paper. The transfer of goodwill and assets from the seller to the buyer occurs when a business is sold as a going concern. At common law the employees of a business cannot be transferred in the same manner. The Labour Relations Act 66 of 1995 altered this position. By enacting this section the legislature wanted to protect the interest of the employees in such transactions. Whether the legislature has succeeded or not is a matter that will be dealt with in this paper. It is all dependent on the interpretation of this section by the commissioners and judges. By including section 197 in the LRA, the legislature’s intention was to resolve the common law problem where employment contract terminated upon the sale of a business, and this section was intended to be an effective tool for protecting the employment of employees. In order to understand the labour law consequences of the transfer of a business, it is important to understand the provisions of sections 197 and 197A of the Labour Relations Amendment Act 2002. This will be dealt with and each section will be discussed in detail using relevant case law and literature. In considering investing in a South African based company by way of purchasing a share of the company and giving it your own flavour, one has to carefully consider the effects of this transaction. Companies wishing to restructure, outsource, merge or transfer some of its operations will need to understand what the implications of the labour legislation will have on their commercial rationale. Section 197 regulates the employment consequences when a transfer of a business takes place. This is defined to mean the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern. Business is defined to include the whole or part of the business, trade undertaking or service. Like the current provision, the new provision referrers to the transfer of a business. It is therefore a wider concept than the sale of a business.4 No attempt is made to define what constitutes a going concern and the controversial issue of whether an outsourcing exercise can constitute a going concern transfer is also not explicitly dealt with. The fact that a business is defined to include a service may be an indication that it was intended to typify outsourcing as a going concern transfer, but this is not necessarily the case.5 The amendments to the Act6 came into effect on 1 August 2002. Sections 197 and 197(A) of the Act consequently seeks to regulate the transfer of a business. These regulations will be dealt with individually and in a format that would make each of the sections in sections 197 and 197(A), easy to understand and interpret. It will also become clear as to what the implications of each of the subsections will have on that commercial rationale. The issues highlighted above will be dealt with detail in this paper giving an overview of the Common Law, the Labour Relations Act 66 of 1995 and the new Labour Relations Amendment Act 2002.
- Full Text:
- Date Issued: 2003
- Authors: Abader, Mogamad Shahied
- Date: 2003
- Subjects: Labor laws and legislation -- South Africa , Business enterprises -- Registration and transfer -- South Africa , Labor contract -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11057 , http://hdl.handle.net/10948/306 , Labor laws and legislation -- South Africa , Business enterprises -- Registration and transfer -- South Africa , Labor contract -- South Africa
- Description: The burden that South African labour law has to bear in relation to the economy is very heavy by international standards. In most industrially developed countries, the economy is strong enough either to provide jobs for most work-seekers or, failing that, an adequate social security system for households without breadwinners in place. In most developing countries with high unemployment rates, the labour law system makes only perfunctory effort to reach out to those facing economic marginalisation. South Africa, essentially a developing country, is not like that. The legal system is strong, works off a firm human rights base, and sets out to grapple with the issues. That is how it should be, but it comes at a price – an oftengraphic exposure of the limits of the law in a stressed society. Businesses operate for profit and survival according to the unsentimental ways of the market, and employees back in a bid to save jobs, lifestyles and livelihoods. The stakeholders use power when they have it, and make claims on the law when they don’t. The legislation and the case law reflect, add to and, to a degree, shape the complexities of these contests, and no more so than in the area of business restructuring.1 The new South Africa has quickly become the destination for foreign investment. The weakness of the rand against the dollar, pound, euro and with the “cost to sell and produce” being so low against these currencies, players on the corporate stage constantly change their make-up and composition. The larger engulfs the smaller, one company buys shares in another, or buys it out entirely, or all or part of its assets, and others are liquidated. In all these situations, employees in South Africa may find themselves with new bosses on the morning after. Under common law employees in this situation were deemed to have been discharged by the former employer, whether or not they have been offered positions in the transformed structure. If they did not want to work under it, they could not be forced to do so. That was because an employment contract was deemed in law to be one of a personal nature that could not be transferred from one employer to another without the employees consent. This research is conducted at an interesting time, when the amendments to the Labour Relations Act 66 of 1995 in respect of the transfer of a business, and in particular section 197, dealing with such matters comes into effect. It is also interesting in the sense that most judgements of the Commission for Conciliation, Mediation and Arbitration (CCMA) and judgements of the Labour Court were moving more or less to a common approach or interpretation of section 197 of the Labour Relations Act 66 of 1995 (hereinafter “the LRA”). Section 197 of the LRA sought to regulate the transfer of a business as a going concern and altered the common law regarding the transfer of a business in two situations – firstly when there is no insolvency, factual or legal, concerned, and secondly in the instance where the transferor is insolvent. The first extreme was when an employer is declared insolvent and the contracts of employment terminated automatically. The second extreme was from the first whereby the employer has to terminate the services of his employees and be liable to pay severance pay in terms of section 1893 of the LRA, which has also been amended along with section 197 of the LRA. It is as if this section was introduced to remedy these extremes. These extremes will be dealt with in detail in this paper. The transfer of goodwill and assets from the seller to the buyer occurs when a business is sold as a going concern. At common law the employees of a business cannot be transferred in the same manner. The Labour Relations Act 66 of 1995 altered this position. By enacting this section the legislature wanted to protect the interest of the employees in such transactions. Whether the legislature has succeeded or not is a matter that will be dealt with in this paper. It is all dependent on the interpretation of this section by the commissioners and judges. By including section 197 in the LRA, the legislature’s intention was to resolve the common law problem where employment contract terminated upon the sale of a business, and this section was intended to be an effective tool for protecting the employment of employees. In order to understand the labour law consequences of the transfer of a business, it is important to understand the provisions of sections 197 and 197A of the Labour Relations Amendment Act 2002. This will be dealt with and each section will be discussed in detail using relevant case law and literature. In considering investing in a South African based company by way of purchasing a share of the company and giving it your own flavour, one has to carefully consider the effects of this transaction. Companies wishing to restructure, outsource, merge or transfer some of its operations will need to understand what the implications of the labour legislation will have on their commercial rationale. Section 197 regulates the employment consequences when a transfer of a business takes place. This is defined to mean the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern. Business is defined to include the whole or part of the business, trade undertaking or service. Like the current provision, the new provision referrers to the transfer of a business. It is therefore a wider concept than the sale of a business.4 No attempt is made to define what constitutes a going concern and the controversial issue of whether an outsourcing exercise can constitute a going concern transfer is also not explicitly dealt with. The fact that a business is defined to include a service may be an indication that it was intended to typify outsourcing as a going concern transfer, but this is not necessarily the case.5 The amendments to the Act6 came into effect on 1 August 2002. Sections 197 and 197(A) of the Act consequently seeks to regulate the transfer of a business. These regulations will be dealt with individually and in a format that would make each of the sections in sections 197 and 197(A), easy to understand and interpret. It will also become clear as to what the implications of each of the subsections will have on that commercial rationale. The issues highlighted above will be dealt with detail in this paper giving an overview of the Common Law, the Labour Relations Act 66 of 1995 and the new Labour Relations Amendment Act 2002.
- Full Text:
- Date Issued: 2003
The law relating to lock-outs
- Madokwe, De Villiers Badanile
- Authors: Madokwe, De Villiers Badanile
- Date: 2003
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11046 , http://hdl.handle.net/10948/298 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Description: The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in favour of the contemplated lock-out before the lock-out could be legal: all that is required is that the period of notice of the intended lock-out is given. The lock-out may either be protected or unprotected. It is protected if it is not prohibited absolutely and the various procedural requirements have been complied with. The protected lock-out is immuned from civil liability. On the other hand a lockout will be unprotected if it does not comply with sections 64 and 65 of the Labour Relations Act, 1995. In the circumstances the Labour Court has exclusive jurisdiction to grant an interdict or order to restrain any person from participating in unprotected industrial action and to order the payment of just and equitable compensation for any loss attributable to the lock-out. Lock-outs are prohibited in specific instances and allowed with some qualifications in others. For example, employers engaged in the provision of essential or maintenance services are prohibited from locking their employees out in order compel them to comply with their demand. Such essential services are Parliamentary services, the South African Police Service and a service the interruption of which endangers the life, personal safety or health of the whole. A distinction is also drawn between offensive and defensive lock-outs. Defensive lock-outs involve the closure of an employer’s premises or the shutting down of its operations during industrial action initiated by workers. The offensive lock-outs, also known as “pre-emptive lock-outs”, amount to an employer initiated form of industrial iv action where the premises are locked and workers are excluded and prevented from working. The law relating to lock-out in South Africa is clearly put in its proper perspective by the interim Constitution of the Republic of South Africa 200 of 1993, final Constitution of the Republic of South Africa 108 of 1996, Labour Relations Act 66 of 1995 and in Ex Parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa.1 However the situation is unsatisfactory to employers. The interim Constitution guaranteed the “right to strike” and “recourse to the lock-out”. Under the final Constitution lock-outs enjoy no direct protection. The Constitutional Court’s certification judgement rejects the view that it is necessary in order to maintain equality to entrench the right to lock-out once the right to strike has been included. The Constitutional Court concluded that the right to strike and the right to lock-out are not always and necessarily equivalent. However the purpose of the lock-out is to settle collective dispute of the ways permitted by the Labour Relations Act, 1995. The purpose is not to terminate the relationship between the employer and the employee. The employer may not, for example, dismiss employees finally at the end of an unsuccessful lock-out in order to avoid the consequences of impending strike action by the employees.
- Full Text:
- Date Issued: 2003
- Authors: Madokwe, De Villiers Badanile
- Date: 2003
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11046 , http://hdl.handle.net/10948/298 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Description: The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in favour of the contemplated lock-out before the lock-out could be legal: all that is required is that the period of notice of the intended lock-out is given. The lock-out may either be protected or unprotected. It is protected if it is not prohibited absolutely and the various procedural requirements have been complied with. The protected lock-out is immuned from civil liability. On the other hand a lockout will be unprotected if it does not comply with sections 64 and 65 of the Labour Relations Act, 1995. In the circumstances the Labour Court has exclusive jurisdiction to grant an interdict or order to restrain any person from participating in unprotected industrial action and to order the payment of just and equitable compensation for any loss attributable to the lock-out. Lock-outs are prohibited in specific instances and allowed with some qualifications in others. For example, employers engaged in the provision of essential or maintenance services are prohibited from locking their employees out in order compel them to comply with their demand. Such essential services are Parliamentary services, the South African Police Service and a service the interruption of which endangers the life, personal safety or health of the whole. A distinction is also drawn between offensive and defensive lock-outs. Defensive lock-outs involve the closure of an employer’s premises or the shutting down of its operations during industrial action initiated by workers. The offensive lock-outs, also known as “pre-emptive lock-outs”, amount to an employer initiated form of industrial iv action where the premises are locked and workers are excluded and prevented from working. The law relating to lock-out in South Africa is clearly put in its proper perspective by the interim Constitution of the Republic of South Africa 200 of 1993, final Constitution of the Republic of South Africa 108 of 1996, Labour Relations Act 66 of 1995 and in Ex Parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa.1 However the situation is unsatisfactory to employers. The interim Constitution guaranteed the “right to strike” and “recourse to the lock-out”. Under the final Constitution lock-outs enjoy no direct protection. The Constitutional Court’s certification judgement rejects the view that it is necessary in order to maintain equality to entrench the right to lock-out once the right to strike has been included. The Constitutional Court concluded that the right to strike and the right to lock-out are not always and necessarily equivalent. However the purpose of the lock-out is to settle collective dispute of the ways permitted by the Labour Relations Act, 1995. The purpose is not to terminate the relationship between the employer and the employee. The employer may not, for example, dismiss employees finally at the end of an unsuccessful lock-out in order to avoid the consequences of impending strike action by the employees.
- Full Text:
- Date Issued: 2003
The law relating to retrenchment
- Authors: Van Staden, Leon
- Date: 2003
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Downsizing of organizations -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11055 , http://hdl.handle.net/10948/304 , Employees -- Dismissal of -- Law and legislation -- South Africa , Downsizing of organizations -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Description: Retrenchment, as a form of dismissal, is regulated by section 189 and 189A of the Labour Relations Act 1995. In order for a retrenchment to be fair, it must comply with both the substantive and procedural requirements stipulated in the Act. After an employee has proved the dismissal, the onus rests on the employer to comply with these two requirements by providing proof thereof. One of the most important procedural requirements that must be complied with by the employer is that the employer cannot merely make a decision to retrench. This decision may only be made once the employer, when contemplating a retrenchment, followed the lengthy consultation process as required in section 189. Recent amendments to section 189 introduced a distinction between a small and big employer and further between a large-scale and small-scale dismissal. If the employee is of the opinion that the employer did not comply with either the procedural or substantive requirements or both, he/she may refer such a dispute for conciliation and thereafter for arbitration or adjudication, according to a dispute resolution process contained in the Act, during which process certain remedies are available to the dismissed employee. The Labour Relations Act 1995 also introduced important amendments which have the effect that employees are allowed to, in certain circumstances, to strike over collective retrenchment disputes.
- Full Text:
- Date Issued: 2003
- Authors: Van Staden, Leon
- Date: 2003
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Downsizing of organizations -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11055 , http://hdl.handle.net/10948/304 , Employees -- Dismissal of -- Law and legislation -- South Africa , Downsizing of organizations -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
- Description: Retrenchment, as a form of dismissal, is regulated by section 189 and 189A of the Labour Relations Act 1995. In order for a retrenchment to be fair, it must comply with both the substantive and procedural requirements stipulated in the Act. After an employee has proved the dismissal, the onus rests on the employer to comply with these two requirements by providing proof thereof. One of the most important procedural requirements that must be complied with by the employer is that the employer cannot merely make a decision to retrench. This decision may only be made once the employer, when contemplating a retrenchment, followed the lengthy consultation process as required in section 189. Recent amendments to section 189 introduced a distinction between a small and big employer and further between a large-scale and small-scale dismissal. If the employee is of the opinion that the employer did not comply with either the procedural or substantive requirements or both, he/she may refer such a dispute for conciliation and thereafter for arbitration or adjudication, according to a dispute resolution process contained in the Act, during which process certain remedies are available to the dismissed employee. The Labour Relations Act 1995 also introduced important amendments which have the effect that employees are allowed to, in certain circumstances, to strike over collective retrenchment disputes.
- Full Text:
- Date Issued: 2003
The legal implications of rugby injuries
- Authors: Viljoen, Erna
- Date: 2003
- Subjects: Rugby football injuries -- South Africa , Sports medicine -- Law and legislation -- South Africa , Rugby football players -- Legal status, laws, etc. -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11058 , http://hdl.handle.net/10948/332 , Rugby football injuries -- South Africa , Sports medicine -- Law and legislation -- South Africa , Rugby football players -- Legal status, laws, etc. -- South Africa
- Description: Sports law in South Africa is a field requiring exciting and intensive research. With so many sporting codes changing their status to professional sport, intensive research on the legal implications pertaining to each professional sporting code has also become necessary. Professional rugby in South Africa has grown into a multimillion rand industry. It is an industry whose role players need specialized legal advice on a multitude of issues. This dissertation addresses the legal issues arising out of the situation where a professional player is injured, during practice or a game, due to the intentional or negligent action of another. The medico-legal aspects of rugby, relating to causation and proof of injuries are an indispensable element of proving liability where rugby injuries are concerned. These aspects are crucial in assessing the criminal and delictual liability of players, coaches, referees, team physicians and even the union concerned. The problem of rugby violence, causing injury, is addressed by both the criminal law and the law of delict with the issue of consent being central to this discussion. Furthermore, the labour law implications can be far-reaching for both the player and the employer union due to the unique features of sport as an industry. All role players in professional rugby will have to cooperate with the legal community to ensure that a practical body of law is established in order to make rugby a safer sport for all concerned and to protect the professional player from unnecessary, incapacitating injury.
- Full Text:
- Date Issued: 2003
- Authors: Viljoen, Erna
- Date: 2003
- Subjects: Rugby football injuries -- South Africa , Sports medicine -- Law and legislation -- South Africa , Rugby football players -- Legal status, laws, etc. -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11058 , http://hdl.handle.net/10948/332 , Rugby football injuries -- South Africa , Sports medicine -- Law and legislation -- South Africa , Rugby football players -- Legal status, laws, etc. -- South Africa
- Description: Sports law in South Africa is a field requiring exciting and intensive research. With so many sporting codes changing their status to professional sport, intensive research on the legal implications pertaining to each professional sporting code has also become necessary. Professional rugby in South Africa has grown into a multimillion rand industry. It is an industry whose role players need specialized legal advice on a multitude of issues. This dissertation addresses the legal issues arising out of the situation where a professional player is injured, during practice or a game, due to the intentional or negligent action of another. The medico-legal aspects of rugby, relating to causation and proof of injuries are an indispensable element of proving liability where rugby injuries are concerned. These aspects are crucial in assessing the criminal and delictual liability of players, coaches, referees, team physicians and even the union concerned. The problem of rugby violence, causing injury, is addressed by both the criminal law and the law of delict with the issue of consent being central to this discussion. Furthermore, the labour law implications can be far-reaching for both the player and the employer union due to the unique features of sport as an industry. All role players in professional rugby will have to cooperate with the legal community to ensure that a practical body of law is established in order to make rugby a safer sport for all concerned and to protect the professional player from unnecessary, incapacitating injury.
- Full Text:
- Date Issued: 2003
The long term effects of fire frequency and season on the colophospermum mopane shrubveld of the Kruger National Park
- Lombard, Pieter Jacobus Lategan
- Authors: Lombard, Pieter Jacobus Lategan
- Date: 2003
- Subjects: Mopane tree -- Effect of fires on -- South Africa -- Kruger National Park
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10970 , http://hdl.handle.net/10948/257 , Mopane tree -- Effect of fires on -- South Africa -- Kruger National Park
- Description: Background : The recorded history of veld burning in the Kruger National Park (KNP) started with the appointment of Colonel James Stevenson-Hamilton as warden of the Park (then the Sabie Game Reserve) in July 1912 and can be divided into five periods: From 1912 to 1926, a haphazard, and indecisive burning policy was practiced, mainly due to the perception that fire was unfavourable for the environment and because the means to combat veld fires were very meagre. From 1926 to 1948, in which period it was realized that fire was not only unavoidable over a large area such as the KNP, but also actually desirable, necessary and beneficial when applied with circumspection. During this period the capability to successfully introduce and apply a definite fire policy did not exist. From 1948 to 1956, prescribed burning was not practiced, but a network of graded firebreaks was being established (to create burning blocks), and wild fires were actively combated. From 1957 to 1993, during which period a definite prescribed burning policy was practiced, amended several times, but basically consisting of a triennial rotational system where blocks were burned by management. All fires of non-management ignition sources were combated. From 1993 to the present, when a policy of allowing lightning-ignited fires to burn freely was introduced, and fires of human origin were suppressed. The shift away from a rigid prescribed burning programme was because of the concern that the dominance of grass species characteristic of over utilised veld was a result of too frequent burning (Potgieter, 2001). Lightning fires probably played just as an important role in shaping African savanna in pre-industrial times as anthropogenic fires caused by preindustrial man. The role of post-industrial man as far as its influence on the creation of savanna is concerned is probably negligible, but significantly important in the role of maintaining savanna, although probably not more so than that of lighting fires. Fires caused by postindustrial man becomes suspect as far as the creation of savanna is concerned, because instead of the mere burning of the veld for the pure reasons of survival as practiced by pre-industrial man, a measure of commercialism crept in (Potgieter, 2001). Fire management of the KNP in pre-industrial times can be regarded in the same light as that of post-industrial times. Although the motive for burning the veld in the KNP was beyond reproach, the underlying reasoning was not. Managers’ thinking was geared towards preventing so called “devastating fires”, laying to waste large areas of the Park, not realising that this was in actual fact nature going about its business in this ecosystem. They therefore devised a system of firebreak roads, which was gradually extended to the extent that we now have more than 4000 km roads that must be maintained. This was all in the cause of preventing or managing lightning and arson fires. Given the above, a revision of the veld fire policy was extremely necessary. The mission statement hammered out during the revising process in 1993 underscored and supported the proposal put forward in 1992, that lightning fires should be recognised as a legitimate and completely natural phenomenon in the Lowveld ecosystem. This had to be weighed against the prevailing practice of combating all fires caused by lightning and non-management anthropogenic sources of fire. The essence of this policy would therefore be to allow lightning-fires to burn to their full extent i.e. if vegetation conditions (available biomass) are such that large areas will burn, then such burns will be permitted to proceed to their full extent with the provision that no more than 50% of the management unit will be allowed to burn out (no matter what the ignition source) in a specific fire season (Potgieter, 2001).
- Full Text:
- Date Issued: 2003
- Authors: Lombard, Pieter Jacobus Lategan
- Date: 2003
- Subjects: Mopane tree -- Effect of fires on -- South Africa -- Kruger National Park
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10970 , http://hdl.handle.net/10948/257 , Mopane tree -- Effect of fires on -- South Africa -- Kruger National Park
- Description: Background : The recorded history of veld burning in the Kruger National Park (KNP) started with the appointment of Colonel James Stevenson-Hamilton as warden of the Park (then the Sabie Game Reserve) in July 1912 and can be divided into five periods: From 1912 to 1926, a haphazard, and indecisive burning policy was practiced, mainly due to the perception that fire was unfavourable for the environment and because the means to combat veld fires were very meagre. From 1926 to 1948, in which period it was realized that fire was not only unavoidable over a large area such as the KNP, but also actually desirable, necessary and beneficial when applied with circumspection. During this period the capability to successfully introduce and apply a definite fire policy did not exist. From 1948 to 1956, prescribed burning was not practiced, but a network of graded firebreaks was being established (to create burning blocks), and wild fires were actively combated. From 1957 to 1993, during which period a definite prescribed burning policy was practiced, amended several times, but basically consisting of a triennial rotational system where blocks were burned by management. All fires of non-management ignition sources were combated. From 1993 to the present, when a policy of allowing lightning-ignited fires to burn freely was introduced, and fires of human origin were suppressed. The shift away from a rigid prescribed burning programme was because of the concern that the dominance of grass species characteristic of over utilised veld was a result of too frequent burning (Potgieter, 2001). Lightning fires probably played just as an important role in shaping African savanna in pre-industrial times as anthropogenic fires caused by preindustrial man. The role of post-industrial man as far as its influence on the creation of savanna is concerned is probably negligible, but significantly important in the role of maintaining savanna, although probably not more so than that of lighting fires. Fires caused by postindustrial man becomes suspect as far as the creation of savanna is concerned, because instead of the mere burning of the veld for the pure reasons of survival as practiced by pre-industrial man, a measure of commercialism crept in (Potgieter, 2001). Fire management of the KNP in pre-industrial times can be regarded in the same light as that of post-industrial times. Although the motive for burning the veld in the KNP was beyond reproach, the underlying reasoning was not. Managers’ thinking was geared towards preventing so called “devastating fires”, laying to waste large areas of the Park, not realising that this was in actual fact nature going about its business in this ecosystem. They therefore devised a system of firebreak roads, which was gradually extended to the extent that we now have more than 4000 km roads that must be maintained. This was all in the cause of preventing or managing lightning and arson fires. Given the above, a revision of the veld fire policy was extremely necessary. The mission statement hammered out during the revising process in 1993 underscored and supported the proposal put forward in 1992, that lightning fires should be recognised as a legitimate and completely natural phenomenon in the Lowveld ecosystem. This had to be weighed against the prevailing practice of combating all fires caused by lightning and non-management anthropogenic sources of fire. The essence of this policy would therefore be to allow lightning-fires to burn to their full extent i.e. if vegetation conditions (available biomass) are such that large areas will burn, then such burns will be permitted to proceed to their full extent with the provision that no more than 50% of the management unit will be allowed to burn out (no matter what the ignition source) in a specific fire season (Potgieter, 2001).
- Full Text:
- Date Issued: 2003
The natural product chemistry of South African Plocamium species
- Authors: Knott, Michael George
- Date: 2003
- Subjects: Marine algae -- South Africa Red algae -- South Africa Green algae -- South Africa Halimeda -- South Africa
- Language: English
- Type: Thesis , Masters , MPharm
- Identifier: vital:3820 , http://hdl.handle.net/10962/d1004920
- Description: The brine shrimp lethality assay was used as a preliminary tool to screen eighteen seaweeds collected from the South African coast. Of the seaweeds tested, the red algae Plocamium corallorhiza and Hypnea rosea, and the green alga Halimeda sp., showed the most potent activity. The chemical investigation of P. corallorhiza resulted in the isolation and structural elucidation of five previously undescribed secondary metabolites, along with three known compounds and four possible artifacts of the extraction process. Standard spectroscopic methods and comparison with known compounds were used to determine the structures of the new metabolites. The new compounds included the linear halogenated monoterpenes 4,8-dibromo-1, 1-dichloro-3,7-dimethyl-2,6-octadiene (99), 4,6-dibromo-l, 1-dichloro-3,7-dimethyl-2,7-octadiene (100), 4,8-dibromo-l, 1,7-trichloro-3,7-dimethyl-2,5-octadiene (101) and 3,4,6,7-tetrachloro-3,7-dimethyl-l-octene (102) and the cyclic monoterpene 5-bromo-5-bromomethyl-I-chlorovinyl-2,4-dichloro-methylcyclohexane (103) while the known compounds were identified as 4-bromo-5-bromomethyl-1chlorovinyl-2,5-dichloro-methylcyclohexane (35), 1,4,8-tribromo-3, 7 -dichloro-3,7-dimethyl-1,5-octadiene (94) and 8-bromo-1,3,4,7-tetrachloro-3,7-dimethyl-1,5-octadiene (96). The four methoxylated compounds (104-107) were presumably formed via a standard substitution reaction between the halogenated monoterpenes 96 and 101 and MeOH, which was used as a component in the extraction solvent. With over 100 000 natural products having been reported, it has become necessary to employ an efficient dereplication strategy to quickly identify known compounds. A simple Gas Chromatography-Mass Spectrometry (GC-MS) method for the efficient physicochemical screening, identification and dereplication of Plocamium metabolites was developed. In this study the crude extracts of P. corallorhiza, P. cornutum and P. maxillosum were screened by GC-MS and the retention times and mass spectral fragmentation patterns of compounds 94, 96, 99 - 107 were used to quickly identify known and new compounds in the crude extracts of P. cornutum and P. maxillosum. This data indicated that compounds 99, 100, 103 were present in both P. corallorhiza and P.cornutum, while compound 102 was found to be present in P. corallorhiza, P. cornutum and P. maxillosum. These studies also indicated that ecotypes and chemotypes are not a significant feature of P. corallorhiza and P. cornutum. Different species of Plocamium (namely: P. corallorhiza, P. cornutum, and P. maxillosum) have very different chemical profiles, and GC may therefore have appreciable taxonomic application in the identification of the different Plocamium spp. which are endemic to South Africa.
- Full Text:
- Date Issued: 2003
- Authors: Knott, Michael George
- Date: 2003
- Subjects: Marine algae -- South Africa Red algae -- South Africa Green algae -- South Africa Halimeda -- South Africa
- Language: English
- Type: Thesis , Masters , MPharm
- Identifier: vital:3820 , http://hdl.handle.net/10962/d1004920
- Description: The brine shrimp lethality assay was used as a preliminary tool to screen eighteen seaweeds collected from the South African coast. Of the seaweeds tested, the red algae Plocamium corallorhiza and Hypnea rosea, and the green alga Halimeda sp., showed the most potent activity. The chemical investigation of P. corallorhiza resulted in the isolation and structural elucidation of five previously undescribed secondary metabolites, along with three known compounds and four possible artifacts of the extraction process. Standard spectroscopic methods and comparison with known compounds were used to determine the structures of the new metabolites. The new compounds included the linear halogenated monoterpenes 4,8-dibromo-1, 1-dichloro-3,7-dimethyl-2,6-octadiene (99), 4,6-dibromo-l, 1-dichloro-3,7-dimethyl-2,7-octadiene (100), 4,8-dibromo-l, 1,7-trichloro-3,7-dimethyl-2,5-octadiene (101) and 3,4,6,7-tetrachloro-3,7-dimethyl-l-octene (102) and the cyclic monoterpene 5-bromo-5-bromomethyl-I-chlorovinyl-2,4-dichloro-methylcyclohexane (103) while the known compounds were identified as 4-bromo-5-bromomethyl-1chlorovinyl-2,5-dichloro-methylcyclohexane (35), 1,4,8-tribromo-3, 7 -dichloro-3,7-dimethyl-1,5-octadiene (94) and 8-bromo-1,3,4,7-tetrachloro-3,7-dimethyl-1,5-octadiene (96). The four methoxylated compounds (104-107) were presumably formed via a standard substitution reaction between the halogenated monoterpenes 96 and 101 and MeOH, which was used as a component in the extraction solvent. With over 100 000 natural products having been reported, it has become necessary to employ an efficient dereplication strategy to quickly identify known compounds. A simple Gas Chromatography-Mass Spectrometry (GC-MS) method for the efficient physicochemical screening, identification and dereplication of Plocamium metabolites was developed. In this study the crude extracts of P. corallorhiza, P. cornutum and P. maxillosum were screened by GC-MS and the retention times and mass spectral fragmentation patterns of compounds 94, 96, 99 - 107 were used to quickly identify known and new compounds in the crude extracts of P. cornutum and P. maxillosum. This data indicated that compounds 99, 100, 103 were present in both P. corallorhiza and P.cornutum, while compound 102 was found to be present in P. corallorhiza, P. cornutum and P. maxillosum. These studies also indicated that ecotypes and chemotypes are not a significant feature of P. corallorhiza and P. cornutum. Different species of Plocamium (namely: P. corallorhiza, P. cornutum, and P. maxillosum) have very different chemical profiles, and GC may therefore have appreciable taxonomic application in the identification of the different Plocamium spp. which are endemic to South Africa.
- Full Text:
- Date Issued: 2003
The nature and potential effect of the Labour Relations Amendment Act 2002
- Authors: Conroy, Andrew Geddes
- Date: 2003
- Subjects: South Africa. Labour Relations Amendment Act 2002 , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11037 , http://hdl.handle.net/10948/292 , South Africa. Labour Relations Amendment Act 2002 , Labor laws and legislation -- South Africa
- Description: It took 18 months of intensive negotiation at the Millennium Labour Council, NEDLAC and the Labour Portfolio Committee before the Labour Relations Amendment Act of 20021 completed its passage through Parliament, taking effect on 1 August 2002. Fifty-seven amendments to specific sections of the Labour Relations Act2 and its schedules cure some obvious anomalies in the original version. It is further apparent that the legislature has taken cognisance of the observations by judges and arbitrators, who voiced their criticism in respect of certain aspects of the original "Act". The amended "Act"3 does appear to be a genuine commitment by both business and organised labour to improve efficiency in the labour market, to promote employment creation and to protect vulnerable workers. Improved dispute resolution mechanisms, enforcement mechanisms and the resurgence of an unfettered discretion in awarding compensation go some way to improving the application of the "Act". The most dramatic amendments have taken place in the law regulating retrenchments by large employers, inclusive of the controversial introduction of a right to strike after retrenchments of this nature have been effected, and the regulation of the transfer of a business as a going concern and its impact on workers. Critics indicate that business and organised labour have subscribed to the package of amendments despite respective reservations and due to certain time constraints. The nett result is a package of amendments that could be described as failing to address, in certain respects, or intentionally overlooking, areas of the "Act" that have traditionally been shown wanting in the past. In the individual employment law sphere specifically, the failure to address the meaning of "benefits" in the definition of unfair labour practices; to allocate a precise meaning to the concept of the transfer of a going concern; or to regulate the conduct of employers when transferring employees, remain some of the areas for concern. It appears that the legislature has decided that certain issues should be resolved by the Labour Court, and ultimately the Labour Appeal Court, on a case-by-case basis rather than by legislative intervention. Whilst this approach has merit, it does present problems to those seeking to apply the provisions of the amended "Act" 5 in everyday practice. On the whole, the amendments do not, nor were they designed to, mark a major shift in the government's labour market policy. The changes clearly focus on correcting and clarifying sections of the "Act", which have resulted in unintended consequences, or lost touch with commercial reality, over the past seven years.
- Full Text:
- Date Issued: 2003
- Authors: Conroy, Andrew Geddes
- Date: 2003
- Subjects: South Africa. Labour Relations Amendment Act 2002 , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11037 , http://hdl.handle.net/10948/292 , South Africa. Labour Relations Amendment Act 2002 , Labor laws and legislation -- South Africa
- Description: It took 18 months of intensive negotiation at the Millennium Labour Council, NEDLAC and the Labour Portfolio Committee before the Labour Relations Amendment Act of 20021 completed its passage through Parliament, taking effect on 1 August 2002. Fifty-seven amendments to specific sections of the Labour Relations Act2 and its schedules cure some obvious anomalies in the original version. It is further apparent that the legislature has taken cognisance of the observations by judges and arbitrators, who voiced their criticism in respect of certain aspects of the original "Act". The amended "Act"3 does appear to be a genuine commitment by both business and organised labour to improve efficiency in the labour market, to promote employment creation and to protect vulnerable workers. Improved dispute resolution mechanisms, enforcement mechanisms and the resurgence of an unfettered discretion in awarding compensation go some way to improving the application of the "Act". The most dramatic amendments have taken place in the law regulating retrenchments by large employers, inclusive of the controversial introduction of a right to strike after retrenchments of this nature have been effected, and the regulation of the transfer of a business as a going concern and its impact on workers. Critics indicate that business and organised labour have subscribed to the package of amendments despite respective reservations and due to certain time constraints. The nett result is a package of amendments that could be described as failing to address, in certain respects, or intentionally overlooking, areas of the "Act" that have traditionally been shown wanting in the past. In the individual employment law sphere specifically, the failure to address the meaning of "benefits" in the definition of unfair labour practices; to allocate a precise meaning to the concept of the transfer of a going concern; or to regulate the conduct of employers when transferring employees, remain some of the areas for concern. It appears that the legislature has decided that certain issues should be resolved by the Labour Court, and ultimately the Labour Appeal Court, on a case-by-case basis rather than by legislative intervention. Whilst this approach has merit, it does present problems to those seeking to apply the provisions of the amended "Act" 5 in everyday practice. On the whole, the amendments do not, nor were they designed to, mark a major shift in the government's labour market policy. The changes clearly focus on correcting and clarifying sections of the "Act", which have resulted in unintended consequences, or lost touch with commercial reality, over the past seven years.
- Full Text:
- Date Issued: 2003
The negotiation process of the EU-SA Trade, Development and Co-operation Agreement: a case of reference for the south?
- Authors: Pillay, Morgenie
- Date: 2003
- Subjects: South Africa -- Foreign economic relations -- European Union countries , European Union countries -- Foreign economic relations -- South Africa , South Africa -- Commerce -- European Union countries , European Union countries -- Commerce -- South Africa , Free trade -- South Africa , Trade regulation -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2821 , http://hdl.handle.net/10962/d1003031 , South Africa -- Foreign economic relations -- European Union countries , European Union countries -- Foreign economic relations -- South Africa , South Africa -- Commerce -- European Union countries , European Union countries -- Commerce -- South Africa , Free trade -- South Africa , Trade regulation -- South Africa
- Description: Overall the conclusions drawn about South Africa’s negotiating style and tactics were arrived at by analysing a number of reports (that closely followed the evolution of the negotiations) and then paralleling this case study’s findings with the conjectures made by the theoretical frameworks (i.e. works by Putnam, Zartmann and Churchmann) about how negotiations proceed. In the final analysis, the findings of this case are intended to provide insight for the south about how to approach any future trade negotiations with the North (or more specifically with the EU).
- Full Text:
- Date Issued: 2003
- Authors: Pillay, Morgenie
- Date: 2003
- Subjects: South Africa -- Foreign economic relations -- European Union countries , European Union countries -- Foreign economic relations -- South Africa , South Africa -- Commerce -- European Union countries , European Union countries -- Commerce -- South Africa , Free trade -- South Africa , Trade regulation -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2821 , http://hdl.handle.net/10962/d1003031 , South Africa -- Foreign economic relations -- European Union countries , European Union countries -- Foreign economic relations -- South Africa , South Africa -- Commerce -- European Union countries , European Union countries -- Commerce -- South Africa , Free trade -- South Africa , Trade regulation -- South Africa
- Description: Overall the conclusions drawn about South Africa’s negotiating style and tactics were arrived at by analysing a number of reports (that closely followed the evolution of the negotiations) and then paralleling this case study’s findings with the conjectures made by the theoretical frameworks (i.e. works by Putnam, Zartmann and Churchmann) about how negotiations proceed. In the final analysis, the findings of this case are intended to provide insight for the south about how to approach any future trade negotiations with the North (or more specifically with the EU).
- Full Text:
- Date Issued: 2003
The OSS promise:
- Authors: Kyazze, Simwogerere
- Date: 2003
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/159138 , vital:40271 , https://hdl.handle.net/10520/EJC146251
- Description: For Africa the attraction of open source software (OSS), is obvious. But for once, Internet intellectuals are not simply sounding off to annoy the rich north.
- Full Text:
- Date Issued: 2003
- Authors: Kyazze, Simwogerere
- Date: 2003
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/159138 , vital:40271 , https://hdl.handle.net/10520/EJC146251
- Description: For Africa the attraction of open source software (OSS), is obvious. But for once, Internet intellectuals are not simply sounding off to annoy the rich north.
- Full Text:
- Date Issued: 2003
The phenomenology of psychiatric diagnosis: an exploration of the experience of intersubjectivity
- Bradfield, Bruce Christopher
- Authors: Bradfield, Bruce Christopher
- Date: 2003
- Subjects: Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2941 , http://hdl.handle.net/10962/d1002450 , Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Description: This work is born out of previous research, conducted by this researcher, into the effects of psychiatric labelling on individuals thus differentiated. Informed by the investigative thrust of phenomenological inquiry, it is the aim herein to provide an illumination of the dramatic confrontation of the labelled individual with the classificatory branding that is his or her label. The question asked is: What is the experience of the labelled individual, and how does the label function as a ‘scientific fact’ (Kiesler, 2000) suffused within his being? In answering these questions, the researcher aims to abandon his own expectations, as is fitting with the phenomenological method, and to devote his sympathies entirely to the subjective disclosures which, it is hoped, the participants will offer. On this point, an obvious tension exists insofar as expectation and hypothesis necessarily constitute the inception of any research endeavour; and so, the notion of a complete bracketing of assumption and anticipation seems methodologically vague. The explorative impetus within this dissertation aims towards an elucidation of the effect of psychiatric diagnosis on the labelled individual, in terms of the individual’s experience of being-with-others. The impact of the offering of the label upon the individual’s interpersonal and intersubjective presence will be explored so as to establish whether psychiatric labelling unfolds as a disconnection of the individual from his co-existence with others.
- Full Text:
- Date Issued: 2003
- Authors: Bradfield, Bruce Christopher
- Date: 2003
- Subjects: Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2941 , http://hdl.handle.net/10962/d1002450 , Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Description: This work is born out of previous research, conducted by this researcher, into the effects of psychiatric labelling on individuals thus differentiated. Informed by the investigative thrust of phenomenological inquiry, it is the aim herein to provide an illumination of the dramatic confrontation of the labelled individual with the classificatory branding that is his or her label. The question asked is: What is the experience of the labelled individual, and how does the label function as a ‘scientific fact’ (Kiesler, 2000) suffused within his being? In answering these questions, the researcher aims to abandon his own expectations, as is fitting with the phenomenological method, and to devote his sympathies entirely to the subjective disclosures which, it is hoped, the participants will offer. On this point, an obvious tension exists insofar as expectation and hypothesis necessarily constitute the inception of any research endeavour; and so, the notion of a complete bracketing of assumption and anticipation seems methodologically vague. The explorative impetus within this dissertation aims towards an elucidation of the effect of psychiatric diagnosis on the labelled individual, in terms of the individual’s experience of being-with-others. The impact of the offering of the label upon the individual’s interpersonal and intersubjective presence will be explored so as to establish whether psychiatric labelling unfolds as a disconnection of the individual from his co-existence with others.
- Full Text:
- Date Issued: 2003
The phosphorylation and nuclear localization of the co-chaperone murine stress-inducible protein 1
- Authors: Longshaw, Victoria Mary
- Date: 2003
- Subjects: Phosphorylation Proteins Heat shock proteins
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3979 , http://hdl.handle.net/10962/d1004038
- Description: The co-chaperone murine stress-inducible protein 1 (mSTI1), a heat shock protein 70 (Hsp70)/ heat shock protein 90 (Hsp90) organizing protein (Hop) homologue, mediates the assembly of the Hsp70/Hsp90 chaperone heterocomplex. mSTI1 is phosphorylated in vitro by cell cycle kinases, proximal to a putative nuclear localization signal (NLS), substantiating a predicted CKII-cdc2-NLS (CcN) motif at position 189-239. Stable transfectants of NIH 3T3 fibroblasts that expressed mSTI1-EGFP, NLSmSTI1-EGFP and EGFP, were prepared. Fluorescence microscopy revealed mSTI1 was cytoplasmically localized, and that this localization was not affected by the fusion of mSTI1 with the EGFP moiety. NLSmSTI1-EGFP was targeted to the nucleus compared to EGFP, suggesting that the NLSmSTI1 was a functional NLS. The localization of mSTI1 was determined under normal and heat shock conditions, inhibition of nuclear export (leptomycin B), inhibition of CKII 5,6-dichlorobenzimidazole riboside, DRB), inhibition of cdc2 kinase (olomoucine), and G1/S phase arrest (hydroxyurea). mSTI1-EGFP and mSTI1 were excluded from the nucleus in the majority of resting cells, but accumulated in the nucleus following leptomycin B treatment, implying that mSTI1 possibly undergoes a functional import process, and export via the chromosomal region maintenance 1 (CRM-1)-mediated export pathway. Hydroxyurea and olomoucine (but not DRB or heat shock) treatment increased the proportion of cells in which mSTI1-EGFP exhibited cytoplasmic and nuclear localization. 2D gel electrophoresis detected three endogenous mSTI1 isoforms, which changed following hydroxyurea treatment. Furthermore, point inactivation and mimicking of phosphorylatable residues in mSTI1 altered the translocation of the protein and the isoform composition. Modification of mSTI1 at S189 and T198 decreased the number of isoforms of mSTI1-EGFP, suggesting that the protein is modified at these sites in vivo. The removal of the in vitro cdc2 kinase site at T198 promoted a nuclear localization during G1/S phase arrest. Therefore active cdc2 kinase, but not CKII, may be required for cytoplasmic localization of mSTI1. The CKII site appears to have no regulatory role under heat shock conditions or during the cell cycle. In vitro phosphorylation studies on untagged mSTI1 further supported the prediction that S189 is the only site recognised by CKII. The cdc2 kinase site at T198, however, although the major site, was not the only site phosphorylated in vitro. However, mSTI1 and cdc2 kinase did not interact in a detectable stable complex. Bioinformatic analysis of mSTI1 revealed NLS residues were conserved in STI1 proteins, and the NLS and TPR2A motifs were in close proximity. This may have mechanistic implications for the formation of the Hsp90-mSTI1 heterocomplex. The cytoplasmic or nuclear localization of mSTI1 is predicted to be the result of a dynamic equilibrium between nuclear import and nuclear export, the fulcrum of which may be shifted under different cell cycle conditions. These data provide the first evidence of regulated nuclear import/export of a major Hsp70/Hsp90 co-chaperone, and the regulation of this nuclear import by cell cycle status and cell cycle kinases.
- Full Text:
- Date Issued: 2003
- Authors: Longshaw, Victoria Mary
- Date: 2003
- Subjects: Phosphorylation Proteins Heat shock proteins
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3979 , http://hdl.handle.net/10962/d1004038
- Description: The co-chaperone murine stress-inducible protein 1 (mSTI1), a heat shock protein 70 (Hsp70)/ heat shock protein 90 (Hsp90) organizing protein (Hop) homologue, mediates the assembly of the Hsp70/Hsp90 chaperone heterocomplex. mSTI1 is phosphorylated in vitro by cell cycle kinases, proximal to a putative nuclear localization signal (NLS), substantiating a predicted CKII-cdc2-NLS (CcN) motif at position 189-239. Stable transfectants of NIH 3T3 fibroblasts that expressed mSTI1-EGFP, NLSmSTI1-EGFP and EGFP, were prepared. Fluorescence microscopy revealed mSTI1 was cytoplasmically localized, and that this localization was not affected by the fusion of mSTI1 with the EGFP moiety. NLSmSTI1-EGFP was targeted to the nucleus compared to EGFP, suggesting that the NLSmSTI1 was a functional NLS. The localization of mSTI1 was determined under normal and heat shock conditions, inhibition of nuclear export (leptomycin B), inhibition of CKII 5,6-dichlorobenzimidazole riboside, DRB), inhibition of cdc2 kinase (olomoucine), and G1/S phase arrest (hydroxyurea). mSTI1-EGFP and mSTI1 were excluded from the nucleus in the majority of resting cells, but accumulated in the nucleus following leptomycin B treatment, implying that mSTI1 possibly undergoes a functional import process, and export via the chromosomal region maintenance 1 (CRM-1)-mediated export pathway. Hydroxyurea and olomoucine (but not DRB or heat shock) treatment increased the proportion of cells in which mSTI1-EGFP exhibited cytoplasmic and nuclear localization. 2D gel electrophoresis detected three endogenous mSTI1 isoforms, which changed following hydroxyurea treatment. Furthermore, point inactivation and mimicking of phosphorylatable residues in mSTI1 altered the translocation of the protein and the isoform composition. Modification of mSTI1 at S189 and T198 decreased the number of isoforms of mSTI1-EGFP, suggesting that the protein is modified at these sites in vivo. The removal of the in vitro cdc2 kinase site at T198 promoted a nuclear localization during G1/S phase arrest. Therefore active cdc2 kinase, but not CKII, may be required for cytoplasmic localization of mSTI1. The CKII site appears to have no regulatory role under heat shock conditions or during the cell cycle. In vitro phosphorylation studies on untagged mSTI1 further supported the prediction that S189 is the only site recognised by CKII. The cdc2 kinase site at T198, however, although the major site, was not the only site phosphorylated in vitro. However, mSTI1 and cdc2 kinase did not interact in a detectable stable complex. Bioinformatic analysis of mSTI1 revealed NLS residues were conserved in STI1 proteins, and the NLS and TPR2A motifs were in close proximity. This may have mechanistic implications for the formation of the Hsp90-mSTI1 heterocomplex. The cytoplasmic or nuclear localization of mSTI1 is predicted to be the result of a dynamic equilibrium between nuclear import and nuclear export, the fulcrum of which may be shifted under different cell cycle conditions. These data provide the first evidence of regulated nuclear import/export of a major Hsp70/Hsp90 co-chaperone, and the regulation of this nuclear import by cell cycle status and cell cycle kinases.
- Full Text:
- Date Issued: 2003
The potential of abalone stock enhancement in the Eastern Cape Province of South Africa
- Authors: Godfrey, Brian Peter
- Date: 2003
- Subjects: Abalones -- South Africa -- Eastern Cape , Abalone culture , Abalone fisheries -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5312 , http://hdl.handle.net/10962/d1005157 , Abalones -- South Africa -- Eastern Cape , Abalone culture , Abalone fisheries -- South Africa -- Eastern Cape
- Description: The largest abalone in South Africa, the perlemoen, Haliotis midae, occurs along approximately two-thirds of the country's coastline, but has only been the target of an extensive commercial fishery in the south-western part of South Africa. Large-scale illegal fishing has however proliferated throughout its entire range over the last 10–15 years, which has had serious effects on stock abundance and once productive populations are facing economic collapse. Abalone stock enhancement has been put forward as an addition or alternative to traditional fisheries management practices, which can potentially rehabilitate overfished abalone populations and enhance natural production. The aim of this project was to investigate the potential of abalone stock enhancement for managing an area in the Eastern Cape Province, which was being subjected to intense illegal fishing pressure. A research approach was adopted to investigate the scale and effects of this poaching and to investigate the survival of artificially cultured abalone seed in the natural environment. A model of a commercial-scale ranching operation was investigated to assess the economic feasibility of such a scheme. Analysis of poaching cases and research samples from Cape Recife indicated high levels of fishing effort that appeared to be causing the observed declines in emergent abalone abundance and average size. Poaching cases from Cape Recife contributed 32% of the total number of cases of known origin in the Eastern Cape Province from 1998–2002, with the majority of the cases (82%) originating from within the Port Elizabeth metropole. There was an exponential increase in the number of poaching cases in the Eastern Cape Province (r²=0.967) and Port Elizabeth over this period but actual annual total catch stabilized, particularly at Cape Recife, where estimates of CPUE declined significantly from 2000–2002 (p<0.001). The annual proportion of emergent abalone under the MLS from Cape Recife was always >85% in confiscations and research collections, and did not change significantly over the period of examination. Comparison of illegal catches with an adjacent site indicated that the emergent abalone population at Cape Recife had a significantly higher proportion of undersized emergent animals (p<0.001) and they were significantly smaller than the abalone from the closest site, Noordhoek, and other areas in Port Elizabeth from 2000–2002 (p<0.001). The apparent declines in emergent abalone abundance indicated by the poaching data were corroborated by sampling of emergent abalone abundance at Cape Recife. Numbers of abalone declined significantly from 125.6 to 53.8 per 20min count (p<0.001), from April 1998–October 2001 and density declined from 1.3 to 0.8m⁻² over a similar period (p<0.001). Juvenile density did not change over this period, although there were significant differences in density observed between two different habitats (p<0.001). Initial releases of cultured juvenile abalone showed that they could be distinguished from their wild counterparts for at least a year after release, by their different shell colouration. Short-term, small-scale trials (7–10 days) using animals between 17 and 30mm SL had mean survival rates of 64–82% (mean 70.4%) and the effect of size on survival was not significant in most cases, although the power to detect differences was low. Attempts to measure the effect of habitat on survival were not conclusive, although refuges under sea urchins appeared to be favoured by both seed and wild abalone, although urchins were not an absolute requirement for survival. Similar medium-term trials (31–74 days) in sheltered sites yielded mean returns of 53.1% using 25mm SL animals and similar trials in a more exposed area had more variable survival rates of between 18.4 and 73.6%, after 25–27 days. A comparison between careful hand-seeding and surface-scattering seed release methods in the open-ocean habitat showed no significant differences in survival rate after 41 days. Larger seed survived significantly better than the smaller seed when scattered on the surface (p<0.0001) and the smaller seed survived significantly better when seeded carefully by hand onto the substrate (p<0.028). Further medium-term releases of large numbers of seed abalone, released using the surface-scattering method in open-ocean habitat, gave mean survival rates of 32.8% over periods of 83–114 days. Assessment of a seeding trial using release modules to seed juvenile animals in the open-ocean was hampered by poor sea conditions and difficult to search substrates, and a mean recovery rate of 3.1% was obtained for the sites that were sampled. Movement of seed was low in the more sheltered sites, and also appeared to be affected by the amount of available habitat. Growth of seed was measured using changes in shell colouration and there were significant differences between areas. An average growth of 1.6mm.month⁻¹ shell length was calculated for all areas. The potential for commercial scale abalone ranching to be used to enhance a territorial user right fishery was investigated using a model of economic feasibility. Internal rates of return of 30.3 and 36.9% were obtained from two harvest regimes using different harvest sizes. There was a high degree of risk associated with these figures owing to a lack of consistent seed survival rate estimates, and the input parameters, which are subject to variation, showed a significant effect on profitability. The operation of this type of ranching scheme is probably not economically feasible as a stand-alone operation but could probably be operated effectively in conjunction with an existing abalone farm. By adding a small wild catch component the profitability of a ranching scheme could be significantly improved. The results of the present study indicate that high levels of poaching at Cape Recife have led to declines in emergent abalone abundance, which will probably lead to stock collapse in the near future. This implies that fisheries managers have failed to fulfil the provisions of fisheries policy in South Africa. The present results from seeding trials show that cultured juveniles can survive and make a contribution to overall stock abundance. Furthermore, while there are obstacles to economic feasibility, commercial ranching has the potential to be a valuable addition to current abalone management strategy.
- Full Text:
- Date Issued: 2003
- Authors: Godfrey, Brian Peter
- Date: 2003
- Subjects: Abalones -- South Africa -- Eastern Cape , Abalone culture , Abalone fisheries -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5312 , http://hdl.handle.net/10962/d1005157 , Abalones -- South Africa -- Eastern Cape , Abalone culture , Abalone fisheries -- South Africa -- Eastern Cape
- Description: The largest abalone in South Africa, the perlemoen, Haliotis midae, occurs along approximately two-thirds of the country's coastline, but has only been the target of an extensive commercial fishery in the south-western part of South Africa. Large-scale illegal fishing has however proliferated throughout its entire range over the last 10–15 years, which has had serious effects on stock abundance and once productive populations are facing economic collapse. Abalone stock enhancement has been put forward as an addition or alternative to traditional fisheries management practices, which can potentially rehabilitate overfished abalone populations and enhance natural production. The aim of this project was to investigate the potential of abalone stock enhancement for managing an area in the Eastern Cape Province, which was being subjected to intense illegal fishing pressure. A research approach was adopted to investigate the scale and effects of this poaching and to investigate the survival of artificially cultured abalone seed in the natural environment. A model of a commercial-scale ranching operation was investigated to assess the economic feasibility of such a scheme. Analysis of poaching cases and research samples from Cape Recife indicated high levels of fishing effort that appeared to be causing the observed declines in emergent abalone abundance and average size. Poaching cases from Cape Recife contributed 32% of the total number of cases of known origin in the Eastern Cape Province from 1998–2002, with the majority of the cases (82%) originating from within the Port Elizabeth metropole. There was an exponential increase in the number of poaching cases in the Eastern Cape Province (r²=0.967) and Port Elizabeth over this period but actual annual total catch stabilized, particularly at Cape Recife, where estimates of CPUE declined significantly from 2000–2002 (p<0.001). The annual proportion of emergent abalone under the MLS from Cape Recife was always >85% in confiscations and research collections, and did not change significantly over the period of examination. Comparison of illegal catches with an adjacent site indicated that the emergent abalone population at Cape Recife had a significantly higher proportion of undersized emergent animals (p<0.001) and they were significantly smaller than the abalone from the closest site, Noordhoek, and other areas in Port Elizabeth from 2000–2002 (p<0.001). The apparent declines in emergent abalone abundance indicated by the poaching data were corroborated by sampling of emergent abalone abundance at Cape Recife. Numbers of abalone declined significantly from 125.6 to 53.8 per 20min count (p<0.001), from April 1998–October 2001 and density declined from 1.3 to 0.8m⁻² over a similar period (p<0.001). Juvenile density did not change over this period, although there were significant differences in density observed between two different habitats (p<0.001). Initial releases of cultured juvenile abalone showed that they could be distinguished from their wild counterparts for at least a year after release, by their different shell colouration. Short-term, small-scale trials (7–10 days) using animals between 17 and 30mm SL had mean survival rates of 64–82% (mean 70.4%) and the effect of size on survival was not significant in most cases, although the power to detect differences was low. Attempts to measure the effect of habitat on survival were not conclusive, although refuges under sea urchins appeared to be favoured by both seed and wild abalone, although urchins were not an absolute requirement for survival. Similar medium-term trials (31–74 days) in sheltered sites yielded mean returns of 53.1% using 25mm SL animals and similar trials in a more exposed area had more variable survival rates of between 18.4 and 73.6%, after 25–27 days. A comparison between careful hand-seeding and surface-scattering seed release methods in the open-ocean habitat showed no significant differences in survival rate after 41 days. Larger seed survived significantly better than the smaller seed when scattered on the surface (p<0.0001) and the smaller seed survived significantly better when seeded carefully by hand onto the substrate (p<0.028). Further medium-term releases of large numbers of seed abalone, released using the surface-scattering method in open-ocean habitat, gave mean survival rates of 32.8% over periods of 83–114 days. Assessment of a seeding trial using release modules to seed juvenile animals in the open-ocean was hampered by poor sea conditions and difficult to search substrates, and a mean recovery rate of 3.1% was obtained for the sites that were sampled. Movement of seed was low in the more sheltered sites, and also appeared to be affected by the amount of available habitat. Growth of seed was measured using changes in shell colouration and there were significant differences between areas. An average growth of 1.6mm.month⁻¹ shell length was calculated for all areas. The potential for commercial scale abalone ranching to be used to enhance a territorial user right fishery was investigated using a model of economic feasibility. Internal rates of return of 30.3 and 36.9% were obtained from two harvest regimes using different harvest sizes. There was a high degree of risk associated with these figures owing to a lack of consistent seed survival rate estimates, and the input parameters, which are subject to variation, showed a significant effect on profitability. The operation of this type of ranching scheme is probably not economically feasible as a stand-alone operation but could probably be operated effectively in conjunction with an existing abalone farm. By adding a small wild catch component the profitability of a ranching scheme could be significantly improved. The results of the present study indicate that high levels of poaching at Cape Recife have led to declines in emergent abalone abundance, which will probably lead to stock collapse in the near future. This implies that fisheries managers have failed to fulfil the provisions of fisheries policy in South Africa. The present results from seeding trials show that cultured juveniles can survive and make a contribution to overall stock abundance. Furthermore, while there are obstacles to economic feasibility, commercial ranching has the potential to be a valuable addition to current abalone management strategy.
- Full Text:
- Date Issued: 2003
The prevalence of use and value of wild edible herbs in South Africa
- Authors: Shackleton, Charlie M
- Date: 2003
- Language: English
- Type: Article
- Identifier: vital:6652 , http://hdl.handle.net/10962/d1007063
- Description: The prevalence of use and commercial value of wild edible herbs in South Africa is examined from four recent quantitative studies at eight different sites. The use of wild edible herbs was widespread in rural communities, with over 90% of households using them in all but one sample site. Mean frequency of use in season was generally between two and five times per week, with a mean of four times across all sites. But many households consume them daily. Use in winter was less than in summer. The mass of wild edible herbs consumed ranged from 12 kg to over 130 kg per household per year. Local (farm-gate) prices ranged from R2.65 to R72 per kilogram, but were generally between R30 and R40 per kg. Direct-use value to consuming households ranged from R85 to almost R5000 across the eight sites, with a mean of R1020 per user household per year. Although harvesting of wild herbs takes time, the high gross direct-use value represents a considerable saving on having to purchase commercial alternatives. Key species differ from place to place both in availability and use, and include both indigenous and exotic species. Commonly used genera include Amaranthus, Bidens, Chenopodium, Cleome, Corchorus, and Momordica. The use, value and trade in wild edible herbs currently receives no recognition in land and agrarian reform policies. It is imperative that this be addressed, and the relationships between rural livelihoods, use of wild edible herbs, food security, and land and resource tenure be clarified, and debated within the policy forums around different models for, and delivery of, agrarian reform and rural development.
- Full Text:
- Date Issued: 2003
- Authors: Shackleton, Charlie M
- Date: 2003
- Language: English
- Type: Article
- Identifier: vital:6652 , http://hdl.handle.net/10962/d1007063
- Description: The prevalence of use and commercial value of wild edible herbs in South Africa is examined from four recent quantitative studies at eight different sites. The use of wild edible herbs was widespread in rural communities, with over 90% of households using them in all but one sample site. Mean frequency of use in season was generally between two and five times per week, with a mean of four times across all sites. But many households consume them daily. Use in winter was less than in summer. The mass of wild edible herbs consumed ranged from 12 kg to over 130 kg per household per year. Local (farm-gate) prices ranged from R2.65 to R72 per kilogram, but were generally between R30 and R40 per kg. Direct-use value to consuming households ranged from R85 to almost R5000 across the eight sites, with a mean of R1020 per user household per year. Although harvesting of wild herbs takes time, the high gross direct-use value represents a considerable saving on having to purchase commercial alternatives. Key species differ from place to place both in availability and use, and include both indigenous and exotic species. Commonly used genera include Amaranthus, Bidens, Chenopodium, Cleome, Corchorus, and Momordica. The use, value and trade in wild edible herbs currently receives no recognition in land and agrarian reform policies. It is imperative that this be addressed, and the relationships between rural livelihoods, use of wild edible herbs, food security, and land and resource tenure be clarified, and debated within the policy forums around different models for, and delivery of, agrarian reform and rural development.
- Full Text:
- Date Issued: 2003