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
An exploration into the reasons for the resignation of ex-employees from the University of Port Elizabeth against international indicators in employee retention
- Authors: Anderson, Amber Cristal
- Date: 2003
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:11000 , http://hdl.handle.net/10948/289
- Description: South African organisations have not been left untouched by the impact of globalisation on their business practices. In a bid to maintain and improve on their competitive advantage, they have had to embark on initiatives to secure a place in the global economy. Entwined herein is the challenge to embrace a whole new definition of equality and develop their human capital as described in various legislative interventions of the South African Government. This study reflects the outcomes of an exploratory study into the reasons for the resignation of ex-employees from the University of Port Elizabeth, against international indicators in employee retention. The research was based on the premise that an effective and efficient transformation strategy should originate from a tangible understanding of all the socio-behavioural and influencing aspects of employee retention. The results suggest the development of an employee-retention strategy which could facilitate the realisation of the Employment Equity Plan. The objectives of the study were: to provide critical insight into why employees are resigning from the University of Port Elizabeth (UPE), to determine the social and developmental expectations of ex-UPE employees while in a transforming organisation, to identify and analyse ex-employees’ perceptions of the implementation of UPE’s Employment Equity Plan, to analyse ex-employees’ perceptions of existing retention practices at UPE, to provide recommendations towards an employee-retention strategy for UPE. The study is exploratory and descriptive in nature, and is quantitatively analysed with limited qualitative inferences. The population consisted of ex-UPE employees who had left the service of the university, from 01 January 2000 to 31 October 2002, by resignation. The period coincided with the implementation phase of the UPE Employment Equity Plan. For the purpose of this study, N=69. Twenty-eight ex-employees were untraceable, therefore n=41. Thirty ex-employees took part in the survey, thus making the sample return 73%. Eight of the respondents were dispersed across three continents other than Africa. The survey instrument, administered as an e-mailed and mailed questionnaire, was selected as the most suitable quantitative research method, because respondents were globally dispersed. Content analysis was selected as the most appropriate technique to produce findings in the qualitative aspect of the research. Where appropriate, descriptive statistics (univariate and bivariate analyses) were applied to describe the variables, the results of which were exhibited as tabular or graphical displays. Inferential statistical analyses (Pearson Chi-square and M-L Chisquare tests) were also conducted.
- Full Text:
- Date Issued: 2003
- Authors: Anderson, Amber Cristal
- Date: 2003
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:11000 , http://hdl.handle.net/10948/289
- Description: South African organisations have not been left untouched by the impact of globalisation on their business practices. In a bid to maintain and improve on their competitive advantage, they have had to embark on initiatives to secure a place in the global economy. Entwined herein is the challenge to embrace a whole new definition of equality and develop their human capital as described in various legislative interventions of the South African Government. This study reflects the outcomes of an exploratory study into the reasons for the resignation of ex-employees from the University of Port Elizabeth, against international indicators in employee retention. The research was based on the premise that an effective and efficient transformation strategy should originate from a tangible understanding of all the socio-behavioural and influencing aspects of employee retention. The results suggest the development of an employee-retention strategy which could facilitate the realisation of the Employment Equity Plan. The objectives of the study were: to provide critical insight into why employees are resigning from the University of Port Elizabeth (UPE), to determine the social and developmental expectations of ex-UPE employees while in a transforming organisation, to identify and analyse ex-employees’ perceptions of the implementation of UPE’s Employment Equity Plan, to analyse ex-employees’ perceptions of existing retention practices at UPE, to provide recommendations towards an employee-retention strategy for UPE. The study is exploratory and descriptive in nature, and is quantitatively analysed with limited qualitative inferences. The population consisted of ex-UPE employees who had left the service of the university, from 01 January 2000 to 31 October 2002, by resignation. The period coincided with the implementation phase of the UPE Employment Equity Plan. For the purpose of this study, N=69. Twenty-eight ex-employees were untraceable, therefore n=41. Thirty ex-employees took part in the survey, thus making the sample return 73%. Eight of the respondents were dispersed across three continents other than Africa. The survey instrument, administered as an e-mailed and mailed questionnaire, was selected as the most suitable quantitative research method, because respondents were globally dispersed. Content analysis was selected as the most appropriate technique to produce findings in the qualitative aspect of the research. Where appropriate, descriptive statistics (univariate and bivariate analyses) were applied to describe the variables, the results of which were exhibited as tabular or graphical displays. Inferential statistical analyses (Pearson Chi-square and M-L Chisquare tests) were also conducted.
- Full Text:
- Date Issued: 2003
Investigations into the asymmetric reduction of ketones
- Authors: Bena, Luvuyo Clifford
- Date: 2003
- Subjects: Ketones , Asymmetric synthesis
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11065 , http://hdl.handle.net/10948/323 , Ketones , Asymmetric synthesis
- Description: A six-step synthesis of salbutamol from methyl salicylate with an overall yield of 17% has been completed, although the yield was not optimised. In the process, Zn(BH4)2 was found to selectively reduce a ketone carbonyl group in the presence of an ester unit. In contrast, borane was found to reduce both the ketone and ester carbonyl groups. Reduction of phenacyl bromide with borane in the presence of chiral catalysts based on (R)-alaninol and (R,S)-ephidrine resulted a measure of enantioselectivity in the product. However, the configuration of the alcohol obtained in the case of (R)-alaninol was contrary to expectations based both on experimental trends observed elsewhere as well as our own theoretical predictions. The asymmetric reduction of methyl 5-bromoacetyl-2-benzyloxybenzoate was accomplished with both borane and Zn(BH4)2 in the presence of a range of chiral catalysts. Optically active products were obtained in all cases, although the optical rotations were significantly smaller in the case of Zn(BH4)2. Unfortunately, we were not successful in determining the enantiomeric excesses of these reactions. The use of a NMR lanthanide shift reagent resulted in a complex spectrum that was impossible to interpret unambiguously. This presumably arises from the presence of several Lewis base sites in the product at which complexation with the shift reagent can take place. It was also not possible to determine the optical rotation of salbutamol itself owing to the relatively small amount of material obtained. A conformational analysis of salbutamol, where NMR data was correlated with molecular modelling results, was successfully carried out and revealed a strong preference for that conformer family characterised by O–C–C–N and Ar–C–C–N torsion angles of ca. 60º and 180º, respectively. Interestingly, these conformers are found to be stabilised by OH…N rather than NH…O hydrogen bonding. This study has also confirmed the effectiveness of the MMFF94 force field for conformational analysis studies in compounds of this kind. Lastly, a relatively simple method for modelling the BH3/oxazaborolidine reduction of ketones at the PM3 semiempirical MO level of approximation was devised. This approach has provided insights into the mechanism of the reaction and has furthermore enabled us to predict the enantioselectivities likely to result from various catalysts and ketones. In comparing our theoretical and experimental findings, an anomalous result was observed in the case of (R)-alaninol; this will have to be investigated further, particularly at the experimental level. However, we believe that our approach provides a sound basis for aiding the design and screening of new, potentially better catalysts.
- Full Text:
- Date Issued: 2003
- Authors: Bena, Luvuyo Clifford
- Date: 2003
- Subjects: Ketones , Asymmetric synthesis
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11065 , http://hdl.handle.net/10948/323 , Ketones , Asymmetric synthesis
- Description: A six-step synthesis of salbutamol from methyl salicylate with an overall yield of 17% has been completed, although the yield was not optimised. In the process, Zn(BH4)2 was found to selectively reduce a ketone carbonyl group in the presence of an ester unit. In contrast, borane was found to reduce both the ketone and ester carbonyl groups. Reduction of phenacyl bromide with borane in the presence of chiral catalysts based on (R)-alaninol and (R,S)-ephidrine resulted a measure of enantioselectivity in the product. However, the configuration of the alcohol obtained in the case of (R)-alaninol was contrary to expectations based both on experimental trends observed elsewhere as well as our own theoretical predictions. The asymmetric reduction of methyl 5-bromoacetyl-2-benzyloxybenzoate was accomplished with both borane and Zn(BH4)2 in the presence of a range of chiral catalysts. Optically active products were obtained in all cases, although the optical rotations were significantly smaller in the case of Zn(BH4)2. Unfortunately, we were not successful in determining the enantiomeric excesses of these reactions. The use of a NMR lanthanide shift reagent resulted in a complex spectrum that was impossible to interpret unambiguously. This presumably arises from the presence of several Lewis base sites in the product at which complexation with the shift reagent can take place. It was also not possible to determine the optical rotation of salbutamol itself owing to the relatively small amount of material obtained. A conformational analysis of salbutamol, where NMR data was correlated with molecular modelling results, was successfully carried out and revealed a strong preference for that conformer family characterised by O–C–C–N and Ar–C–C–N torsion angles of ca. 60º and 180º, respectively. Interestingly, these conformers are found to be stabilised by OH…N rather than NH…O hydrogen bonding. This study has also confirmed the effectiveness of the MMFF94 force field for conformational analysis studies in compounds of this kind. Lastly, a relatively simple method for modelling the BH3/oxazaborolidine reduction of ketones at the PM3 semiempirical MO level of approximation was devised. This approach has provided insights into the mechanism of the reaction and has furthermore enabled us to predict the enantioselectivities likely to result from various catalysts and ketones. In comparing our theoretical and experimental findings, an anomalous result was observed in the case of (R)-alaninol; this will have to be investigated further, particularly at the experimental level. However, we believe that our approach provides a sound basis for aiding the design and screening of new, potentially better catalysts.
- Full Text:
- Date Issued: 2003
The validity of humanitarian intervention under international law
- Authors: Beneke, Méchelle
- Date: 2003
- Subjects: Humanitarian intervention , Intervention (International law)
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11056 , http://hdl.handle.net/10948/305 , Humanitarian intervention , Intervention (International law)
- Description: The study which follows considers the current approach to State sovereignty, use of force, and human rights, in order to determine the balance which exists between these concepts. A shift in this balance determines the direction of development of the concept of ‘humanitarian intervention.’ The investigation establishes that State sovereignty and certain human rights are at a point where they are viewed as equal and competing interests in the international arena. This leads to the question of whether or not the concept of humanitarian intervention has found any acceptance in international law. It is determined that the right to intervention rests exclusively with the United Nations Security Council. There are, however, obstacles to United Nations action, which necessitate either taking action to remove the obstacles, or finding an alternative to United Nations authorized action. The alternatives provided are unilateral interventions by regional organizations, groups of States or individual States, with interventions by regional organizations being favoured. The study further discusses the requirements which would make unilateral action more acceptable. These same requirements provide a standard against which the United Nations can measure its duty to intervene. Such an investigation was done by the International Commission on Intervention and State Sovereignty, and a synopsis of its Report and Recommendations are included. Finally, the question of responsibility is addressed. State and individual responsibility for two separate types of action are considered. The responsibility of States and individuals for initiating an intervention is considered under the topic of the crime of aggression. The responsibility of States and individual for exceeding the mandate of a legitimate intervention is considered under the heading of war crimes.
- Full Text:
- Date Issued: 2003
- Authors: Beneke, Méchelle
- Date: 2003
- Subjects: Humanitarian intervention , Intervention (International law)
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11056 , http://hdl.handle.net/10948/305 , Humanitarian intervention , Intervention (International law)
- Description: The study which follows considers the current approach to State sovereignty, use of force, and human rights, in order to determine the balance which exists between these concepts. A shift in this balance determines the direction of development of the concept of ‘humanitarian intervention.’ The investigation establishes that State sovereignty and certain human rights are at a point where they are viewed as equal and competing interests in the international arena. This leads to the question of whether or not the concept of humanitarian intervention has found any acceptance in international law. It is determined that the right to intervention rests exclusively with the United Nations Security Council. There are, however, obstacles to United Nations action, which necessitate either taking action to remove the obstacles, or finding an alternative to United Nations authorized action. The alternatives provided are unilateral interventions by regional organizations, groups of States or individual States, with interventions by regional organizations being favoured. The study further discusses the requirements which would make unilateral action more acceptable. These same requirements provide a standard against which the United Nations can measure its duty to intervene. Such an investigation was done by the International Commission on Intervention and State Sovereignty, and a synopsis of its Report and Recommendations are included. Finally, the question of responsibility is addressed. State and individual responsibility for two separate types of action are considered. The responsibility of States and individuals for initiating an intervention is considered under the topic of the crime of aggression. The responsibility of States and individual for exceeding the mandate of a legitimate intervention is considered under the heading of war crimes.
- Full Text:
- Date Issued: 2003
Correlates and outcomes of emotional intelligence in organisations
- Authors: Bosman, Leon Abraham
- Date: 2003
- Subjects: Leadership , Emotional intelligence , Organizational behavior
- Language: English
- Type: Thesis , Doctoral , DCom
- Identifier: vital:11006 , http://hdl.handle.net/10948/337 , Leadership , Emotional intelligence , Organizational behavior
- Description: Emotional Intelligence and Leadership are two very important constructs to organizations. Likewise concepts like OCB, conflict handling and intention to quit of employees are equally important constructs to organizations. The primary aim of the present study was to determine how well Organisational Citizenship Behaviour and intention to quit as well as the conflict handling style of subordinates could be predicted by means of leadership style, and the emotional intelligence of leaders. A secondary aim was to determine whether a causal model could be built to represent the relationships among the variables included in the study. Relationships among these constructs were investigated in a South African sample of employees (N=470) working for various organisations. The construct validity and internal consistency of the measuring instruments were investigated. The finally accepted factor structure of not one of the measuring instruments matched the original structure as found by the authors/developers of the measuring instruments. It was therefore decided that in all cases the factor pattern as determined on the responses of the present sample would be used in further analyses of the data. Emotional intelligence of leaders as seen by subordinates and the self - perceived conflict handling styles of subordinates seem to be related in the case of Integrating and Obliging conflict handling styles and both the emotional intelligence sub-scales, i.e. Motivation and Vigilance. The Multiple Regression analysis indicated that the emotional intelligence sub-scales scores played a minor role in the prediction of Organizational Citizenship Behaviour. Models of the relationships among the variables were built by studying the results of v previous as well as the present study. The model, in which emotional intelligence is depicted as a causal variable influencing - through leadership behaviour – organizational citizenship behaviour and the integrating style of handling interpersonal conflict represented a good fit with the data. These results seem to provide some structure for thinking about the relationships among the variables and can possibly serve as frames of reference in future studies.
- Full Text:
- Date Issued: 2003
- Authors: Bosman, Leon Abraham
- Date: 2003
- Subjects: Leadership , Emotional intelligence , Organizational behavior
- Language: English
- Type: Thesis , Doctoral , DCom
- Identifier: vital:11006 , http://hdl.handle.net/10948/337 , Leadership , Emotional intelligence , Organizational behavior
- Description: Emotional Intelligence and Leadership are two very important constructs to organizations. Likewise concepts like OCB, conflict handling and intention to quit of employees are equally important constructs to organizations. The primary aim of the present study was to determine how well Organisational Citizenship Behaviour and intention to quit as well as the conflict handling style of subordinates could be predicted by means of leadership style, and the emotional intelligence of leaders. A secondary aim was to determine whether a causal model could be built to represent the relationships among the variables included in the study. Relationships among these constructs were investigated in a South African sample of employees (N=470) working for various organisations. The construct validity and internal consistency of the measuring instruments were investigated. The finally accepted factor structure of not one of the measuring instruments matched the original structure as found by the authors/developers of the measuring instruments. It was therefore decided that in all cases the factor pattern as determined on the responses of the present sample would be used in further analyses of the data. Emotional intelligence of leaders as seen by subordinates and the self - perceived conflict handling styles of subordinates seem to be related in the case of Integrating and Obliging conflict handling styles and both the emotional intelligence sub-scales, i.e. Motivation and Vigilance. The Multiple Regression analysis indicated that the emotional intelligence sub-scales scores played a minor role in the prediction of Organizational Citizenship Behaviour. Models of the relationships among the variables were built by studying the results of v previous as well as the present study. The model, in which emotional intelligence is depicted as a causal variable influencing - through leadership behaviour – organizational citizenship behaviour and the integrating style of handling interpersonal conflict represented a good fit with the data. These results seem to provide some structure for thinking about the relationships among the variables and can possibly serve as frames of reference in future studies.
- Full Text:
- Date Issued: 2003
An investigation into the induction of oxidative stress and apoptosis by microcystin-LR in the CaCo2 cell line and intestinal tract of Balb/c mice
- Authors: Botha, Nicolette
- Date: 2003
- Subjects: Microcystis aeruginosa -- Toxicology , Apoptosis
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11066 , http://hdl.handle.net/10948/349 , Microcystis aeruginosa -- Toxicology , Apoptosis
- Description: This study reports the findings on the effect of Microcystin-LR (MCLR) on the gastrointestinal tract cells of mice and on two different cell lines, Caco2 and MCF-7. The cyanobacterium Microcystis aeruginosa produces the potent toxin, MCLR. This toxin has been implicated in a number of cases of ill-health. It was decided to investigate whether microcystin-LR induced apoptosis in the gastrointestinal tract of mice and also which possible mechanisms were involved in the induction in vitro. Balb/c mice were given a 75% LD50 intraperitoneal dose of pure microcystin -LR and sacrificed at 8, 16, 24 and 32 hours post-exposure. The small intestinal sections were stained with haematoxylin and eosin and examined for apoptotic cells. There was a time-dependent increase in the number of apoptotic cells with most in the duodenum and the jejunum. No change in glycogen content was evident at 24 hours post exposure when PAS-stained sections were examined. To determine that microcystin was the agent responsible for the changes, fluoroscein isothiocyanate (FITC) immunostaining for the toxin was done on the sections. Apoptosis in vitro was investigated in Caco2, a cell line that behaves like normal enterocytes when the cells are differentiated at confluency, and MCF-7, a breast cancer cell line deficient in pro-caspase-3, cells by 3-[dimethylthiazol-2-yl]-2,5-diphenyltetrazolium bromide (MTT) and lactate dehydrogenase (LDH) assays and by staining with DAPI and Rhodamine 123. MCLR exposure induced apoptosis, as seen in decreased cell viability and increased leakage of LDH, as well as mitochondrial damage shown by Rhodamine staining. The MCF-7 cells, deficient in pro-caspase-3, and Caco2 cells did not show cleavage of poly(ADP)ribose polymerase (PARP) after exposure to 50μM MCLR after 72 hours exposure. Both micro- and milli-calpain activity was however significantly increased in both cell lines exposed to the toxin. There was a significant increase in H2O2, one of the key reactive oxygen species, production during the first 30 minutes that the cells were exposed to 50 mM MCLR.
- Full Text:
- Date Issued: 2003
- Authors: Botha, Nicolette
- Date: 2003
- Subjects: Microcystis aeruginosa -- Toxicology , Apoptosis
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11066 , http://hdl.handle.net/10948/349 , Microcystis aeruginosa -- Toxicology , Apoptosis
- Description: This study reports the findings on the effect of Microcystin-LR (MCLR) on the gastrointestinal tract cells of mice and on two different cell lines, Caco2 and MCF-7. The cyanobacterium Microcystis aeruginosa produces the potent toxin, MCLR. This toxin has been implicated in a number of cases of ill-health. It was decided to investigate whether microcystin-LR induced apoptosis in the gastrointestinal tract of mice and also which possible mechanisms were involved in the induction in vitro. Balb/c mice were given a 75% LD50 intraperitoneal dose of pure microcystin -LR and sacrificed at 8, 16, 24 and 32 hours post-exposure. The small intestinal sections were stained with haematoxylin and eosin and examined for apoptotic cells. There was a time-dependent increase in the number of apoptotic cells with most in the duodenum and the jejunum. No change in glycogen content was evident at 24 hours post exposure when PAS-stained sections were examined. To determine that microcystin was the agent responsible for the changes, fluoroscein isothiocyanate (FITC) immunostaining for the toxin was done on the sections. Apoptosis in vitro was investigated in Caco2, a cell line that behaves like normal enterocytes when the cells are differentiated at confluency, and MCF-7, a breast cancer cell line deficient in pro-caspase-3, cells by 3-[dimethylthiazol-2-yl]-2,5-diphenyltetrazolium bromide (MTT) and lactate dehydrogenase (LDH) assays and by staining with DAPI and Rhodamine 123. MCLR exposure induced apoptosis, as seen in decreased cell viability and increased leakage of LDH, as well as mitochondrial damage shown by Rhodamine staining. The MCF-7 cells, deficient in pro-caspase-3, and Caco2 cells did not show cleavage of poly(ADP)ribose polymerase (PARP) after exposure to 50μM MCLR after 72 hours exposure. Both micro- and milli-calpain activity was however significantly increased in both cell lines exposed to the toxin. There was a significant increase in H2O2, one of the key reactive oxygen species, production during the first 30 minutes that the cells were exposed to 50 mM MCLR.
- Full Text:
- Date Issued: 2003
The constitutional right to legal representation during disciplinary hearings and proceedings before the CCMA
- Authors: Buchner, Jacques Johan
- Date: 2003
- Subjects: Right to counsel -- South Africa , Dispute resolution (Law) -- South Africa , Labor laws and legislation -- South Africa , South Africa. Commission for Conciliation, Mediation and Arbitration
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11052 , http://hdl.handle.net/10948/294 , Right to counsel -- South Africa , Dispute resolution (Law) -- South Africa , Labor laws and legislation -- South Africa , South Africa. Commission for Conciliation, Mediation and Arbitration
- Description: The right to legal representation at labour proceedings of an administrative or quasi-judicial nature is not clear in our law, and has been the subject of contradictory debate in the South African courts since the1920’s. Despite the ambiguities and uncertainty in the South African common law, the statutory regulation of legal representation was not comprehensively captured in labour legislation resulting in even more debate, especially as to the right to be represented by a person of choice at these proceedings in terms of the relevant entrenched protections contained in the Bill of Rights. The Labour Relations Act 12 of 2002 (prior to amendment) is silent on the right to representation at in-house disciplinary proceedings. Section 135(4) of Act 12 of 2002 allows for a party at conciliation proceedings to appear in person or to be represented by a director or co employee or a member or office bearer or official of that party’s registered trade union. Section 138(4) of the same Act allows for legal representation at arbitration proceedings, but subject to section 140(1) which excludes legal representation involving dismissals for reasons related to conduct or capacity, unless all parties and the commissioner consent, or if the commissioner allows it per guided discretion to achieve or promote reasonableness and fairness. The abovementioned three sections were however repealed by the amendments of the Labour Relations Act 12 of 2002. Despite the repealing provision, Item 27 of Schedule 7 of the Amendment reads that the repealed provisions should remain in force pending promulgation of specific rules in terms of section 115(2A)(m) by the CCMA. These rules have not been promulgated to date. The common law’s view on legal representation as a compulsory consideration in terms of section 39 of the Constitution 108 of 1996 and further a guidance to the entitlement to legal representation where legislation is silent. The common law seems to be clear that there is no general right to legal representation at administrative and quasi judicial proceedings. If the contractual relationship is silent on representation it may be permitted if exceptional circumstances exist, vouching such inclusion. Such circumstances may include the complex nature of the issues in dispute and the seriousness of the imposable penalty ( for example dismissal or criminal sanction). Some authority ruled that the principles of natural justice supercede a contractual condition to the contrary which may exist between employer and employee. The courts did however emphasize the importance and weight of the contractual relationship between the parties in governing the extent of representation at these proceedings. Since 1994 the entrenched Bill of Rights added another dimension to the interpretation of rights as the supreme law of the country. On the topic of legal representation and within the ambit of the limitation clause, three constitutionally entrenched rights had to be considered. The first is the right to a fair trial, including the right to be represented by a practitioner of your choice. Authority reached consensus that this right, contained in section 35 of the Constitution Act 108 of 1996 is restricted to accused persons charged in a criminal trial. The second protection is the entitlement to administrative procedure which is justifiable and fair (This extent of this right is governed y the provisions of the Promotion of Access to Administrative Justice Act 3 of 2000) and thirdly the right to equality before the law and equal protection by the law. In conclusion, the Constitution Act 108 of 1996 upholds the law of general application, if free and justifiable. Within this context, the Labour Relations Act 66 of 1995 allows for specific representation at selected fora, and the common law governs legal representation post 1994 within the framework of the Constitution. The ultimate test in considering the entitlement to legal representation at administrative and quasi judicial proceedings will be in balancing the protection of the principle that these tribunals are masters of their own procedure, and that they may unilaterally dictate the inclusion or exclusion of representation at these proceedings and the extent of same, as well as the view of over judicialation of process by the technical and delaying tactics of legal practitioners, against the wide protections of natural justice and entrenched constitutional protections.
- Full Text:
- Date Issued: 2003
- Authors: Buchner, Jacques Johan
- Date: 2003
- Subjects: Right to counsel -- South Africa , Dispute resolution (Law) -- South Africa , Labor laws and legislation -- South Africa , South Africa. Commission for Conciliation, Mediation and Arbitration
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11052 , http://hdl.handle.net/10948/294 , Right to counsel -- South Africa , Dispute resolution (Law) -- South Africa , Labor laws and legislation -- South Africa , South Africa. Commission for Conciliation, Mediation and Arbitration
- Description: The right to legal representation at labour proceedings of an administrative or quasi-judicial nature is not clear in our law, and has been the subject of contradictory debate in the South African courts since the1920’s. Despite the ambiguities and uncertainty in the South African common law, the statutory regulation of legal representation was not comprehensively captured in labour legislation resulting in even more debate, especially as to the right to be represented by a person of choice at these proceedings in terms of the relevant entrenched protections contained in the Bill of Rights. The Labour Relations Act 12 of 2002 (prior to amendment) is silent on the right to representation at in-house disciplinary proceedings. Section 135(4) of Act 12 of 2002 allows for a party at conciliation proceedings to appear in person or to be represented by a director or co employee or a member or office bearer or official of that party’s registered trade union. Section 138(4) of the same Act allows for legal representation at arbitration proceedings, but subject to section 140(1) which excludes legal representation involving dismissals for reasons related to conduct or capacity, unless all parties and the commissioner consent, or if the commissioner allows it per guided discretion to achieve or promote reasonableness and fairness. The abovementioned three sections were however repealed by the amendments of the Labour Relations Act 12 of 2002. Despite the repealing provision, Item 27 of Schedule 7 of the Amendment reads that the repealed provisions should remain in force pending promulgation of specific rules in terms of section 115(2A)(m) by the CCMA. These rules have not been promulgated to date. The common law’s view on legal representation as a compulsory consideration in terms of section 39 of the Constitution 108 of 1996 and further a guidance to the entitlement to legal representation where legislation is silent. The common law seems to be clear that there is no general right to legal representation at administrative and quasi judicial proceedings. If the contractual relationship is silent on representation it may be permitted if exceptional circumstances exist, vouching such inclusion. Such circumstances may include the complex nature of the issues in dispute and the seriousness of the imposable penalty ( for example dismissal or criminal sanction). Some authority ruled that the principles of natural justice supercede a contractual condition to the contrary which may exist between employer and employee. The courts did however emphasize the importance and weight of the contractual relationship between the parties in governing the extent of representation at these proceedings. Since 1994 the entrenched Bill of Rights added another dimension to the interpretation of rights as the supreme law of the country. On the topic of legal representation and within the ambit of the limitation clause, three constitutionally entrenched rights had to be considered. The first is the right to a fair trial, including the right to be represented by a practitioner of your choice. Authority reached consensus that this right, contained in section 35 of the Constitution Act 108 of 1996 is restricted to accused persons charged in a criminal trial. The second protection is the entitlement to administrative procedure which is justifiable and fair (This extent of this right is governed y the provisions of the Promotion of Access to Administrative Justice Act 3 of 2000) and thirdly the right to equality before the law and equal protection by the law. In conclusion, the Constitution Act 108 of 1996 upholds the law of general application, if free and justifiable. Within this context, the Labour Relations Act 66 of 1995 allows for specific representation at selected fora, and the common law governs legal representation post 1994 within the framework of the Constitution. The ultimate test in considering the entitlement to legal representation at administrative and quasi judicial proceedings will be in balancing the protection of the principle that these tribunals are masters of their own procedure, and that they may unilaterally dictate the inclusion or exclusion of representation at these proceedings and the extent of same, as well as the view of over judicialation of process by the technical and delaying tactics of legal practitioners, against the wide protections of natural justice and entrenched constitutional protections.
- Full Text:
- Date Issued: 2003
Observed metabolic changes in male Wistar rats after treatment with an antidepressant implied in undesirable weight gain, or Sutherlandia frutescens for Type II diabetes
- Authors: Chadwick, Wayne
- Date: 2003
- Subjects: Rats -- Metabolism , Non-insulin-dependent diabetes -- Research , Rats as laboratory animals
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11068 , http://hdl.handle.net/10948/313 , Rats -- Metabolism , Non-insulin-dependent diabetes -- Research , Rats as laboratory animals
- Description: Type II diabetes is fast becoming a growing problem in developed countries worldwide. Traditionally the median age for diagnosis was around sixty, but recent surveys have shown that the entire age distribution curve has shifted to the left. Western countries boast the worst statistics in which type II diabetes is being reported in children under the age of ten. At such a young age the disease often goes undiagnosed for long periods of time allowing considerable damage to occur. The incidence of type II diabetes is thought to be parallel with the growing rate of obesity associated with a characteristically unhealthy western diet. Type II diabetes is an extremely expensive disease to manage, and with the rapid growth of this pandemic our country will soon feel the economic burden of this disease. It is for this reason that cheaper medication needs to be investigated in the form of traditional plants, such as Sutherlandia frutescens. Prescription medication, such as tricyclic antidepressants, may also increase body weight or appetite thereby playing a role in obesity. The cause of weight gain in such cases may go unrecognized or lead to cessation of the medication with or without the practitioner’s knowledge or approval. It is therefore necessary to investigate the causative agents responsible for the excessive weight gain. Drinking water containing extracts of the S. frutescens, metformin (a well known type II diabetes medication) and amitriptyline (a common tricyclic antidepressant) was administered to three groups of ten male Wistar rats. The control group received water without any medication. The rat’s weight and food consumption was monitored throughout the trial and their oxygen consumption was also determined. Rats were sacrificed after four months of medicinal compliance and glucose uptake, in the presence and absence of insulin, was tested in epididymal fat, liver and muscle. Fasting plasma glucose levels, lipoprotein, cholesterol and triglyceride concentrations were also determined.
- Full Text:
- Date Issued: 2003
- Authors: Chadwick, Wayne
- Date: 2003
- Subjects: Rats -- Metabolism , Non-insulin-dependent diabetes -- Research , Rats as laboratory animals
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11068 , http://hdl.handle.net/10948/313 , Rats -- Metabolism , Non-insulin-dependent diabetes -- Research , Rats as laboratory animals
- Description: Type II diabetes is fast becoming a growing problem in developed countries worldwide. Traditionally the median age for diagnosis was around sixty, but recent surveys have shown that the entire age distribution curve has shifted to the left. Western countries boast the worst statistics in which type II diabetes is being reported in children under the age of ten. At such a young age the disease often goes undiagnosed for long periods of time allowing considerable damage to occur. The incidence of type II diabetes is thought to be parallel with the growing rate of obesity associated with a characteristically unhealthy western diet. Type II diabetes is an extremely expensive disease to manage, and with the rapid growth of this pandemic our country will soon feel the economic burden of this disease. It is for this reason that cheaper medication needs to be investigated in the form of traditional plants, such as Sutherlandia frutescens. Prescription medication, such as tricyclic antidepressants, may also increase body weight or appetite thereby playing a role in obesity. The cause of weight gain in such cases may go unrecognized or lead to cessation of the medication with or without the practitioner’s knowledge or approval. It is therefore necessary to investigate the causative agents responsible for the excessive weight gain. Drinking water containing extracts of the S. frutescens, metformin (a well known type II diabetes medication) and amitriptyline (a common tricyclic antidepressant) was administered to three groups of ten male Wistar rats. The control group received water without any medication. The rat’s weight and food consumption was monitored throughout the trial and their oxygen consumption was also determined. Rats were sacrificed after four months of medicinal compliance and glucose uptake, in the presence and absence of insulin, was tested in epididymal fat, liver and muscle. Fasting plasma glucose levels, lipoprotein, cholesterol and triglyceride concentrations were also determined.
- Full Text:
- Date Issued: 2003
An evaluation of the Xenopus laevis liver slice model to study the toxic effects of microcystin
- Authors: Coates, Nadya
- Date: 2003
- Subjects: Zenopus laevis , Microcystis aeruginosa -- Toxicology
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11069 , http://hdl.handle.net/10948/307 , Zenopus laevis , Microcystis aeruginosa -- Toxicology
- Description: Blooms of cyanobacteria have increased in occurrence in the past three decades and have been reported to cause severe problems for animals and humans, leading to death in extreme instances. The majority of poisonings that have taken place have been attributed to a hepatotoxin produced by the species Microcystis aeruginosa, namely microcystin. The appearance of a cyanobacterial bloom does not give any indication as to its toxicity and therefore, it is imperative that simple, yet sensitive, bioassays are developed to overcome this problem. This study was undertaken to evaluate the effects of microcystin-LR on the liver of Xenopus laevis both in vitro and in vivo. This animal provides an opportunity to study the long-term hepatotoxic effects of the toxin compared to in vitro studies performed with mice and rats. The use of the liver slice model system as a potential bioassay to study the effects of microcystin-LR on Xenopus laevis liver was evaluated. Liver slices were cultured in RPMI- 1640 culture medium for periods ranging from 30 hours to 10 days and the liver slices were exposed to toxin concentrations ranging from 1nM to 500nM. The use of frog liver slices to study the longer-term effects of low-dose exposure to microcystin-LR was evaluated by observing the ultrastructural changes within hepatocytes using transmission electron microscopy, the release of the enzymes alanine aminotransferase and lactate dehydrogenase into the surrounding culture medium, as well as using a 3-[4,5-dimethylthiazol-2yl]-2,5- diphenyl tetrazolium bromide assay to determine the viability of the liver slices in culture. The amount of lipid peroxidation in the liver slices after exposure to microcystin-LR was assessed using the Thiobarbituric Acid Test. Results showed the frog liver slice culture system to be an inadequate method to evaluate the hepatotoxic effects of microcystin-LR. An in vivo assessment of the effects of microcystin-LR on Xenopus laevis was carried out using a total of 9 frogs (3 groups of 3 frogs). Frogs received a single intraperitoneal dose of 120mg/kg of microcystin-LR and were sacrificed at 8 and 24 hours post exposure. Microcystin-LR caused no significant change in serum lactate dehydrogenase levels, hepatosomatic index (liver weight as a percentage body weight), glutathione peroxidase activity, glycogen or lipid peroxidation. There was, however, an increase in glutathione sii transferase activity in the liver. The presence of the toxin in the liver was confirmed by immunohistochemistry. This study suggests that Xenopus laevis has, in some way, adapted to detoxifying aquatic toxins in the environment.
- Full Text:
- Date Issued: 2003
- Authors: Coates, Nadya
- Date: 2003
- Subjects: Zenopus laevis , Microcystis aeruginosa -- Toxicology
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11069 , http://hdl.handle.net/10948/307 , Zenopus laevis , Microcystis aeruginosa -- Toxicology
- Description: Blooms of cyanobacteria have increased in occurrence in the past three decades and have been reported to cause severe problems for animals and humans, leading to death in extreme instances. The majority of poisonings that have taken place have been attributed to a hepatotoxin produced by the species Microcystis aeruginosa, namely microcystin. The appearance of a cyanobacterial bloom does not give any indication as to its toxicity and therefore, it is imperative that simple, yet sensitive, bioassays are developed to overcome this problem. This study was undertaken to evaluate the effects of microcystin-LR on the liver of Xenopus laevis both in vitro and in vivo. This animal provides an opportunity to study the long-term hepatotoxic effects of the toxin compared to in vitro studies performed with mice and rats. The use of the liver slice model system as a potential bioassay to study the effects of microcystin-LR on Xenopus laevis liver was evaluated. Liver slices were cultured in RPMI- 1640 culture medium for periods ranging from 30 hours to 10 days and the liver slices were exposed to toxin concentrations ranging from 1nM to 500nM. The use of frog liver slices to study the longer-term effects of low-dose exposure to microcystin-LR was evaluated by observing the ultrastructural changes within hepatocytes using transmission electron microscopy, the release of the enzymes alanine aminotransferase and lactate dehydrogenase into the surrounding culture medium, as well as using a 3-[4,5-dimethylthiazol-2yl]-2,5- diphenyl tetrazolium bromide assay to determine the viability of the liver slices in culture. The amount of lipid peroxidation in the liver slices after exposure to microcystin-LR was assessed using the Thiobarbituric Acid Test. Results showed the frog liver slice culture system to be an inadequate method to evaluate the hepatotoxic effects of microcystin-LR. An in vivo assessment of the effects of microcystin-LR on Xenopus laevis was carried out using a total of 9 frogs (3 groups of 3 frogs). Frogs received a single intraperitoneal dose of 120mg/kg of microcystin-LR and were sacrificed at 8 and 24 hours post exposure. Microcystin-LR caused no significant change in serum lactate dehydrogenase levels, hepatosomatic index (liver weight as a percentage body weight), glutathione peroxidase activity, glycogen or lipid peroxidation. There was, however, an increase in glutathione sii transferase activity in the liver. The presence of the toxin in the liver was confirmed by immunohistochemistry. This study suggests that Xenopus laevis has, in some way, adapted to detoxifying aquatic toxins in the environment.
- 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 effect of human soluble FceRII on the RPMI 8866 B-Lymphoblastoid and the U937 Monocyte cell lines
- Authors: Daniels, Brodie Belinda
- Date: 2003
- Subjects: Developmental inmmunology , Cellular control mechanisms
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11084 , http://hdl.handle.net/10948/322 , Developmental inmmunology , Cellular control mechanisms
- Description: Due to the diverse functions of Fc eRII, such as its roles in cellular adhesion, growth and differentiation of B and T lymphocytes, rescue of B cells from apoptosis and release of cytotoxic mediators, it is clear why it is believed to be a central molecule in allergic response. Because of its important role in the regulation of IgE production, FceRII may be the primary cause of certain allergic conditions. This study attempted to express and purify a recombinant human soluble FceRII to test its effect on a B-lymphoblastoid (RPMI 8866) and a monocytic (U937) cell line. The protein was expressed in Escherichia coli inclusion bodies, before being refolded and purified in a single gel chromatography step. This pure protein was then tested for biological activity by testing its IgE binding func tion. Once proven functional, it was used to test its effect on the cell lines at three concentrations for its apoptotic rescue properties and its cytokine effects. The recombinant protein did not seem to have any significant effect on the apoptotic rescue of either cell line. While the recombinant sFceRII appeared to have a slight effect on the stimulation of IL-1ß and TNFa in the RPMI 8866 cells, there was no apparent effect on the production of NF?B. In U937 cells, the protein did not seem to have any effect on the stimulation of IL-1ß, TNFa or NF?B. However, the cytokine effects of the recombinant protein were tested on isolated PBMCs from a healthy individual and a hyper-IgE syndrome patient. The recombinant protein was able to stimulate the production of cytokines in both individuals’ PBMCs, proving that it has the same effect as the natural protein. The upregulation of these cytokines indicates that the recombinant protein is able to stimulate the immune system. Therefore, this recombinant soluble FceRII protein could possibly be used for immune therapy.
- Full Text:
- Date Issued: 2003
- Authors: Daniels, Brodie Belinda
- Date: 2003
- Subjects: Developmental inmmunology , Cellular control mechanisms
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11084 , http://hdl.handle.net/10948/322 , Developmental inmmunology , Cellular control mechanisms
- Description: Due to the diverse functions of Fc eRII, such as its roles in cellular adhesion, growth and differentiation of B and T lymphocytes, rescue of B cells from apoptosis and release of cytotoxic mediators, it is clear why it is believed to be a central molecule in allergic response. Because of its important role in the regulation of IgE production, FceRII may be the primary cause of certain allergic conditions. This study attempted to express and purify a recombinant human soluble FceRII to test its effect on a B-lymphoblastoid (RPMI 8866) and a monocytic (U937) cell line. The protein was expressed in Escherichia coli inclusion bodies, before being refolded and purified in a single gel chromatography step. This pure protein was then tested for biological activity by testing its IgE binding func tion. Once proven functional, it was used to test its effect on the cell lines at three concentrations for its apoptotic rescue properties and its cytokine effects. The recombinant protein did not seem to have any significant effect on the apoptotic rescue of either cell line. While the recombinant sFceRII appeared to have a slight effect on the stimulation of IL-1ß and TNFa in the RPMI 8866 cells, there was no apparent effect on the production of NF?B. In U937 cells, the protein did not seem to have any effect on the stimulation of IL-1ß, TNFa or NF?B. However, the cytokine effects of the recombinant protein were tested on isolated PBMCs from a healthy individual and a hyper-IgE syndrome patient. The recombinant protein was able to stimulate the production of cytokines in both individuals’ PBMCs, proving that it has the same effect as the natural protein. The upregulation of these cytokines indicates that the recombinant protein is able to stimulate the immune system. Therefore, this recombinant soluble FceRII protein could possibly be used for immune therapy.
- Full Text:
- Date Issued: 2003
The health status of construction workers
- Authors: Deacon, Claire Helen
- Date: 2004
- Subjects: Construction industry -- Employees -- Diseases -- South Africa , Construction workers -- Health and hygiene -- South Africa , Construction workers -- Health risk assessment -- South Africa
- Language: English
- Type: Thesis , Masters , MCur
- Identifier: vital:11025 , http://hdl.handle.net/10948/326 , Construction industry -- Employees -- Diseases -- South Africa , Construction workers -- Health and hygiene -- South Africa , Construction workers -- Health risk assessment -- South Africa
- Description: The construction industry is considered to be an extremely dangerous working environment, and therefore the health status of construction workers needs to be considered prior, during and on leaving the industry. Occupational hazards relative to the construction worker are well researched internationally; however few countries undertake routine medical surveillance to identify the health status of the construction worker relative to these hazards. Employers have a higher duty of care to identify workers who could be a risk at work from non-occupationally related conditions such as hypertension and diabetes mellitus. Work could exacerbate these conditions, leading to absenteeism, poor performance and eventually leaving the industry due to ill health. The dissertation explores, inter alia: the risks to which workers are exposed; the legal aspects; relevant literature regarding medical surveillance, and the use of a medical surveillance instrument used to determine the health status of 142 construction workers who consented to participate in the study. The methodological approach used in this study was a quantitative descriptive design, more specifically, using a randomised cross-sectional survey design. The instrument used to determine health status included a full medical, occupational and social history, as well as a physical examination undertaken by Occupational Health Nursing Practitioners (OHNs). Findings indicate that most construction workers believe they are healthy. However only a small percentage of construction workers did not require referral for further investigation and / or treatment.
- Full Text:
- Authors: Deacon, Claire Helen
- Date: 2004
- Subjects: Construction industry -- Employees -- Diseases -- South Africa , Construction workers -- Health and hygiene -- South Africa , Construction workers -- Health risk assessment -- South Africa
- Language: English
- Type: Thesis , Masters , MCur
- Identifier: vital:11025 , http://hdl.handle.net/10948/326 , Construction industry -- Employees -- Diseases -- South Africa , Construction workers -- Health and hygiene -- South Africa , Construction workers -- Health risk assessment -- South Africa
- Description: The construction industry is considered to be an extremely dangerous working environment, and therefore the health status of construction workers needs to be considered prior, during and on leaving the industry. Occupational hazards relative to the construction worker are well researched internationally; however few countries undertake routine medical surveillance to identify the health status of the construction worker relative to these hazards. Employers have a higher duty of care to identify workers who could be a risk at work from non-occupationally related conditions such as hypertension and diabetes mellitus. Work could exacerbate these conditions, leading to absenteeism, poor performance and eventually leaving the industry due to ill health. The dissertation explores, inter alia: the risks to which workers are exposed; the legal aspects; relevant literature regarding medical surveillance, and the use of a medical surveillance instrument used to determine the health status of 142 construction workers who consented to participate in the study. The methodological approach used in this study was a quantitative descriptive design, more specifically, using a randomised cross-sectional survey design. The instrument used to determine health status included a full medical, occupational and social history, as well as a physical examination undertaken by Occupational Health Nursing Practitioners (OHNs). Findings indicate that most construction workers believe they are healthy. However only a small percentage of construction workers did not require referral for further investigation and / or treatment.
- Full Text:
An exploration of adolescent risk-taking behaviour : a case study analysis
- Authors: Dietrich, Valerie
- Date: 2003
- Subjects: Teenagers -- South Africa -- Conduct of life , Risk-taking (psychology) in adolescence
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10989 , http://hdl.handle.net/10948/312 , Teenagers -- South Africa -- Conduct of life , Risk-taking (psychology) in adolescence
- Description: Do adolescents of colour really engage in risk-taking behaviours as often generalised by the public? Are they in fact the alcohol, drugs, sex, and violence generation? This study attempts to investigate the conditions influencing the choices adolescents make prior to their engaging in risk-taking behaviours. In the social sciences, concerns over adolescents’ recklessly irresponsible behaviours have deep roots. In 1904 G. Stanley Hall depicted adolescence as misbehaving because of the storms and stresses of the transition from childhood to adulthood. Subsequently, social scientists produced substantial evidence that the storminess of adolescence is largely an over generalisation, which has not been empirically substantiated. In corroboration of this interpretation, this study also indicates that not all adolescents engage in risk-taking behaviour, and those risky individuals do not necessarily engage in all spheres of risk-taking. The majority of the target group only experimented with certain risk behaviours by engaging in them on one occasion only. The specific high school was selected because the researcher knew the learners, as she was an educator there at the time. She was thus reasonably aware of the frequency, the nature and the severity of the risk-taking behaviours of the target group. In general, the most important findings of the study signified a moderate level of participation in risk-taking activities. However, in certain spheres such as cigarette smoking, alcohol usage and sexual intercourse, an extreme participation level was reported. Certain factors such as gender, age, socio-economic conditions, parental (one or both) absence, and the respondents’ attitude towards the specific behaviour, were discovered to have played an influential role in the target group taking risks. Based on the reasons advanced for engaging in risk-taking behaviour, the researcher concluded that the following theories were applicable in explaining the behaviour of the respondents. These theories are the social learning theory, symbolic interactionist theory, social identity, the theory of reasoned action, and Maslow’s hierarchy of needs. The researcher trusts that this study will assist the reader to understand the complex contributing circumstances that the target group has to contend with in making decisions.
- Full Text:
- Date Issued: 2003
- Authors: Dietrich, Valerie
- Date: 2003
- Subjects: Teenagers -- South Africa -- Conduct of life , Risk-taking (psychology) in adolescence
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10989 , http://hdl.handle.net/10948/312 , Teenagers -- South Africa -- Conduct of life , Risk-taking (psychology) in adolescence
- Description: Do adolescents of colour really engage in risk-taking behaviours as often generalised by the public? Are they in fact the alcohol, drugs, sex, and violence generation? This study attempts to investigate the conditions influencing the choices adolescents make prior to their engaging in risk-taking behaviours. In the social sciences, concerns over adolescents’ recklessly irresponsible behaviours have deep roots. In 1904 G. Stanley Hall depicted adolescence as misbehaving because of the storms and stresses of the transition from childhood to adulthood. Subsequently, social scientists produced substantial evidence that the storminess of adolescence is largely an over generalisation, which has not been empirically substantiated. In corroboration of this interpretation, this study also indicates that not all adolescents engage in risk-taking behaviour, and those risky individuals do not necessarily engage in all spheres of risk-taking. The majority of the target group only experimented with certain risk behaviours by engaging in them on one occasion only. The specific high school was selected because the researcher knew the learners, as she was an educator there at the time. She was thus reasonably aware of the frequency, the nature and the severity of the risk-taking behaviours of the target group. In general, the most important findings of the study signified a moderate level of participation in risk-taking activities. However, in certain spheres such as cigarette smoking, alcohol usage and sexual intercourse, an extreme participation level was reported. Certain factors such as gender, age, socio-economic conditions, parental (one or both) absence, and the respondents’ attitude towards the specific behaviour, were discovered to have played an influential role in the target group taking risks. Based on the reasons advanced for engaging in risk-taking behaviour, the researcher concluded that the following theories were applicable in explaining the behaviour of the respondents. These theories are the social learning theory, symbolic interactionist theory, social identity, the theory of reasoned action, and Maslow’s hierarchy of needs. The researcher trusts that this study will assist the reader to understand the complex contributing circumstances that the target group has to contend with in making decisions.
- Full Text:
- Date Issued: 2003
An assessment of selected non-water benefits of the Working for Water Programme in the Eastern and Southern Cape
- Authors: Du Plessis, Lily Lozelle
- Date: 2003
- Subjects: Water resources development -- South Africa -- Eastern Cape -- Cost effectiveness , Water resources development -- South Africa -- Southern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Eastern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Southern Cape -- Cost effectiveness , Land use -- Economic aspects -- South Africa -- Eastern Cape , Land use -- Economic aspects -- South Africa -- Southern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10991 , http://hdl.handle.net/10948/340 , Water resources development -- South Africa -- Eastern Cape -- Cost effectiveness , Water resources development -- South Africa -- Southern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Eastern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Southern Cape -- Cost effectiveness , Land use -- Economic aspects -- South Africa -- Eastern Cape , Land use -- Economic aspects -- South Africa -- Southern Cape
- Description: 1.1 Background to, and motivation for, the study: The Working for Water programme (WfW) is a public works programme designed to clear South Africa of water-consuming invasive alien tree and plants, and to replace them with low water consuming indigenous species. This would prevent a loss of more than 4000 million cubic metres water per annum from the hydrological cycle (DWAF, 1998). The economic viability of the programme has been established in the Western Cape and Kwazulu-Natal (van Wilgen, Little, Chapman, Görgens, Willems and Marais, 1997; Gilham and Haynes, 2001), but questioned in the Eastern and Southern Cape (Hosking, du Preez, Campbell, Wooldridge and du Plessis, 2002). Hosking et al. (2002) investigated the economic case for the programme by performing a Cost Benefit Analysis (CBA), based on increased water yield and livestock potential, on six selected sites in the Eastern and Southern Cape, viz. Albany, Kat River, Pot River, Tsitsikamma, Kouga and Port Elizabeth Driftsands.
- Full Text:
- Date Issued: 2003
- Authors: Du Plessis, Lily Lozelle
- Date: 2003
- Subjects: Water resources development -- South Africa -- Eastern Cape -- Cost effectiveness , Water resources development -- South Africa -- Southern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Eastern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Southern Cape -- Cost effectiveness , Land use -- Economic aspects -- South Africa -- Eastern Cape , Land use -- Economic aspects -- South Africa -- Southern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10991 , http://hdl.handle.net/10948/340 , Water resources development -- South Africa -- Eastern Cape -- Cost effectiveness , Water resources development -- South Africa -- Southern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Eastern Cape -- Cost effectiveness , Water conservation projects -- South Africa -- Southern Cape -- Cost effectiveness , Land use -- Economic aspects -- South Africa -- Eastern Cape , Land use -- Economic aspects -- South Africa -- Southern Cape
- Description: 1.1 Background to, and motivation for, the study: The Working for Water programme (WfW) is a public works programme designed to clear South Africa of water-consuming invasive alien tree and plants, and to replace them with low water consuming indigenous species. This would prevent a loss of more than 4000 million cubic metres water per annum from the hydrological cycle (DWAF, 1998). The economic viability of the programme has been established in the Western Cape and Kwazulu-Natal (van Wilgen, Little, Chapman, Görgens, Willems and Marais, 1997; Gilham and Haynes, 2001), but questioned in the Eastern and Southern Cape (Hosking, du Preez, Campbell, Wooldridge and du Plessis, 2002). Hosking et al. (2002) investigated the economic case for the programme by performing a Cost Benefit Analysis (CBA), based on increased water yield and livestock potential, on six selected sites in the Eastern and Southern Cape, viz. Albany, Kat River, Pot River, Tsitsikamma, Kouga and Port Elizabeth Driftsands.
- Full Text:
- Date Issued: 2003
The subjective well-being and experience of life roles of white employed married mothers: a multiple case study
- Authors: Evans, Amelia
- Date: 2003
- Subjects: Married women -- Employment -- South Africa -- Psychological aspects , Working mothers -- South Africa -- Psychological aspects , Self-Actualization (Psychology)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:11019 , http://hdl.handle.net/10948/290 , Married women -- Employment -- South Africa -- Psychological aspects , Working mothers -- South Africa -- Psychological aspects , Self-Actualization (Psychology)
- Description: The number of women who choose to combine careers and traditional roles as mothers has been increasing steadily over the last number of years. As a result, the subjective wellbeing of these women has been the focus of many research projects over the last number of years. Subjective well-being has been defined in various ways by different authors. One definition describes subjective well-being as people's evaluations of their lives, which includes happiness, pleasant emotions, life satisfaction, and a relative absence of unpleasant moods and emotions. The current study, which took the form of a multiple case study, attempted to explore and describe White employed married mothers’ subjective experience of their well-being. The study also explored these women's experiences of combining the roles of employee and motherhood. The sample was obtained through the snowballing technique, and both qualitative (in-depth interviews) and quantitative techniques (two questionnaires - the Satisfaction with Life Scale and the Beck Depression Inventory) were utilized. The analysis of the data that was gathered was done by means of thematic and content analyses.
- Full Text:
- Date Issued: 2003
- Authors: Evans, Amelia
- Date: 2003
- Subjects: Married women -- Employment -- South Africa -- Psychological aspects , Working mothers -- South Africa -- Psychological aspects , Self-Actualization (Psychology)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:11019 , http://hdl.handle.net/10948/290 , Married women -- Employment -- South Africa -- Psychological aspects , Working mothers -- South Africa -- Psychological aspects , Self-Actualization (Psychology)
- Description: The number of women who choose to combine careers and traditional roles as mothers has been increasing steadily over the last number of years. As a result, the subjective wellbeing of these women has been the focus of many research projects over the last number of years. Subjective well-being has been defined in various ways by different authors. One definition describes subjective well-being as people's evaluations of their lives, which includes happiness, pleasant emotions, life satisfaction, and a relative absence of unpleasant moods and emotions. The current study, which took the form of a multiple case study, attempted to explore and describe White employed married mothers’ subjective experience of their well-being. The study also explored these women's experiences of combining the roles of employee and motherhood. The sample was obtained through the snowballing technique, and both qualitative (in-depth interviews) and quantitative techniques (two questionnaires - the Satisfaction with Life Scale and the Beck Depression Inventory) were utilized. The analysis of the data that was gathered was done by means of thematic and content analyses.
- Full Text:
- Date Issued: 2003
A study of the structural geology of the Witteberg Group and lowermost Karoo Supergroup, Darlington Dam, Jansenville District, Eastern Cape
- Goossens, Angelique Emily Maria
- Authors: Goossens, Angelique Emily Maria
- Date: 2003
- Subjects: Folds (Geology) -- South Africa -- Eastern Cape , Faults (Geology) -- South Africa -- Eastern Cape , Geology, Structural -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11071 , http://hdl.handle.net/10948/291 , Folds (Geology) -- South Africa -- Eastern Cape , Faults (Geology) -- South Africa -- Eastern Cape , Geology, Structural -- South Africa -- Eastern Cape
- Description: A number of outcrops of the Witteberg Group and lowermost Karoo Supergroup rocks were studied in the area south of the Darlington Dam, Jansenville District, with the aim of documenting structural characteristics of the area. All lithologies are folded with fold styles varying from gentle to near isoclinal (based on interlimb angle). Fold axes are either sub-horizontal or plunging at gentle to moderate angles whereas axial planes dip gently to vertically (predominantly steep to sub-vertical). Folds verge predominantly towards the north but where southward verging they are associated with faulting or strongly folded areas. Folds plunge gently to the east-southeast and west-northwest. The area consists of a large anticlinorium with both first and second order folds occurring. Eastwest striking faults occur in the study area and are classified as normal, reverse and thrust faults. A study of the joint sets shows that there are four dominant joint directions, namely 18o, 33o, 97o and 107o (in order from least to most important). An interpretation of the tectonic history is presented in which the relationships between faults and folds show that faults formed during and after folding. Folding, and reverse and thrust faulting, occurred during the compressional events that formed the Cape Fold Belt, whereas the normal faults formed during the relaxation of these compressional forces or during the break-up of Gondwana.
- Full Text:
- Date Issued: 2003
- Authors: Goossens, Angelique Emily Maria
- Date: 2003
- Subjects: Folds (Geology) -- South Africa -- Eastern Cape , Faults (Geology) -- South Africa -- Eastern Cape , Geology, Structural -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11071 , http://hdl.handle.net/10948/291 , Folds (Geology) -- South Africa -- Eastern Cape , Faults (Geology) -- South Africa -- Eastern Cape , Geology, Structural -- South Africa -- Eastern Cape
- Description: A number of outcrops of the Witteberg Group and lowermost Karoo Supergroup rocks were studied in the area south of the Darlington Dam, Jansenville District, with the aim of documenting structural characteristics of the area. All lithologies are folded with fold styles varying from gentle to near isoclinal (based on interlimb angle). Fold axes are either sub-horizontal or plunging at gentle to moderate angles whereas axial planes dip gently to vertically (predominantly steep to sub-vertical). Folds verge predominantly towards the north but where southward verging they are associated with faulting or strongly folded areas. Folds plunge gently to the east-southeast and west-northwest. The area consists of a large anticlinorium with both first and second order folds occurring. Eastwest striking faults occur in the study area and are classified as normal, reverse and thrust faults. A study of the joint sets shows that there are four dominant joint directions, namely 18o, 33o, 97o and 107o (in order from least to most important). An interpretation of the tectonic history is presented in which the relationships between faults and folds show that faults formed during and after folding. Folding, and reverse and thrust faulting, occurred during the compressional events that formed the Cape Fold Belt, whereas the normal faults formed during the relaxation of these compressional forces or during the break-up of Gondwana.
- Full Text:
- Date Issued: 2003
Labour law implications of organisational restructuring
- Authors: Grootboom, Linda Henry
- Date: 2003
- Subjects: Labor laws and legislation -- South Africa , Organizational change -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11041 , http://hdl.handle.net/10948/303 , Labor laws and legislation -- South Africa , Organizational change -- South Africa
- Description: It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “The Government of National Unity has embarked upon a concerted and comprehensive programme of administrative restructuring and rationalisation (my emphasis) with the object of: (a) Creating a unified and integrated service. (b) Creating a leaner and more cost-effective service.” Various strategies are listed in the White Paper, and the fundamental approach advocated is to right size, adjust remuneration structures, retrench and contract – out services.
- Full Text:
- Date Issued: 2003
- Authors: Grootboom, Linda Henry
- Date: 2003
- Subjects: Labor laws and legislation -- South Africa , Organizational change -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11041 , http://hdl.handle.net/10948/303 , Labor laws and legislation -- South Africa , Organizational change -- South Africa
- Description: It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “The Government of National Unity has embarked upon a concerted and comprehensive programme of administrative restructuring and rationalisation (my emphasis) with the object of: (a) Creating a unified and integrated service. (b) Creating a leaner and more cost-effective service.” Various strategies are listed in the White Paper, and the fundamental approach advocated is to right size, adjust remuneration structures, retrench and contract – out services.
- Full Text:
- Date Issued: 2003
The application of the hearsay rule in labour law proceedings
- Authors: Hanekom, Jurgens Philip
- Date: 2003
- Subjects: Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11053 , http://hdl.handle.net/10948/300 , Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Description: To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
- Full Text:
- Date Issued: 2003
- Authors: Hanekom, Jurgens Philip
- Date: 2003
- Subjects: Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11053 , http://hdl.handle.net/10948/300 , Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Description: To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
- Full Text:
- Date Issued: 2003
An assessment of bait availability, utilization and management guidelines in Eastern Cape estuaries
- Authors: Jooste, Jakobus Gerrit
- Date: 2003
- Subjects: Upogebia african -- Effects of sediments on -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape , Fishing baits -- Conservation -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11073 , http://hdl.handle.net/10948/334 , Upogebia african -- Effects of sediments on -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape , Fishing baits -- Conservation -- South Africa -- Eastern Cape
- Description: Aspects around the management of benthic soft sediment bait organisms, with special focus on the mud prawn (Upogebia africana) of eastern Cape estuaries was investigated. The recreational linefishery of the Gamtoos estuary was described, and compared to previous studies. Target fish species was identified, and a large dependency on bait sourced from estuaries needed for the capture of these species was noted, especially for spotted grunter (Pomadasys commersonnii). A comparison between bait use, success and the natural diet of target fish species was also made. The structure and distribution of sediments in the old channel mud banks was described and compared with historical data. The influence of sediments on mud prawn distribution was investigated, but no significant interactions were found at the study site. The impacts of once-off pumping and digging events, and monthly trampling on the sediments and mud prawn population was studied over a 7-month period. Initial removal rates as well as recovery time varied significantly between the two collection methods, while the largest decline in prawn numbers (to zero) with no recovery visible after seven months was caused by trampling. All disturbances caused some alteration in sediment composition, but not to such an extent that the sediments became unfavorable for mud prawns. Trampling did, however, result in the compaction of sediments to such a degree that prawns could not construct burrows. Issues around current removal quotas of bait species as well as the creation of a small-scale commercial (SSC) bait selling operation at Swartkops estuary were critically evaluated, and suggestions for the future removal rates of mud prawns based on production export calculations were made. The distribution, size, sex ratios and number of gravid females occurring along a tidal gradient as well as along horizontal gradient of the mud bank during growth (January – March) and reproductive (September – October) periods was investigated. Changes in the distribution of females between the two study periods were significant, while the distribution of reproductively active females were closely linked to the low water mark (Lower tidal levels). Females occurring in this zone were also significantly larger than females occurring towards the back of the study site. Some minor changes along the horizontal gradient were also observed. The sediment compos ition of the mud bank was found not to play a role in this distribution, leading to the suggestion that exposure to ebb and flood tide currents could influence female prawn distributions. Management recommendations based on these observations were made.
- Full Text:
- Date Issued: 2003
- Authors: Jooste, Jakobus Gerrit
- Date: 2003
- Subjects: Upogebia african -- Effects of sediments on -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape , Fishing baits -- Conservation -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11073 , http://hdl.handle.net/10948/334 , Upogebia african -- Effects of sediments on -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape , Fishing baits -- Conservation -- South Africa -- Eastern Cape
- Description: Aspects around the management of benthic soft sediment bait organisms, with special focus on the mud prawn (Upogebia africana) of eastern Cape estuaries was investigated. The recreational linefishery of the Gamtoos estuary was described, and compared to previous studies. Target fish species was identified, and a large dependency on bait sourced from estuaries needed for the capture of these species was noted, especially for spotted grunter (Pomadasys commersonnii). A comparison between bait use, success and the natural diet of target fish species was also made. The structure and distribution of sediments in the old channel mud banks was described and compared with historical data. The influence of sediments on mud prawn distribution was investigated, but no significant interactions were found at the study site. The impacts of once-off pumping and digging events, and monthly trampling on the sediments and mud prawn population was studied over a 7-month period. Initial removal rates as well as recovery time varied significantly between the two collection methods, while the largest decline in prawn numbers (to zero) with no recovery visible after seven months was caused by trampling. All disturbances caused some alteration in sediment composition, but not to such an extent that the sediments became unfavorable for mud prawns. Trampling did, however, result in the compaction of sediments to such a degree that prawns could not construct burrows. Issues around current removal quotas of bait species as well as the creation of a small-scale commercial (SSC) bait selling operation at Swartkops estuary were critically evaluated, and suggestions for the future removal rates of mud prawns based on production export calculations were made. The distribution, size, sex ratios and number of gravid females occurring along a tidal gradient as well as along horizontal gradient of the mud bank during growth (January – March) and reproductive (September – October) periods was investigated. Changes in the distribution of females between the two study periods were significant, while the distribution of reproductively active females were closely linked to the low water mark (Lower tidal levels). Females occurring in this zone were also significantly larger than females occurring towards the back of the study site. Some minor changes along the horizontal gradient were also observed. The sediment compos ition of the mud bank was found not to play a role in this distribution, leading to the suggestion that exposure to ebb and flood tide currents could influence female prawn distributions. Management recommendations based on these observations were made.
- Full Text:
- Date Issued: 2003
Grade six and seven learners' perceptions of the HIV/AIDS life skills education programme
- Authors: Julies, Zainuneesa
- Date: 2003
- Subjects: AIDS (Disease) -- Study and teaching (Primary) -- South Africa -- Evaluation , AIDS (Disease) -- South Africa -- Prevention
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10988 , http://hdl.handle.net/10948/315 , AIDS (Disease) -- Study and teaching (Primary) -- South Africa -- Evaluation , AIDS (Disease) -- South Africa -- Prevention
- Description: At present there is no cure or vaccine for Human Immuno-deficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) therefore prevention programmes are seen as the only means of reducing the spread of the disease. HIV/AIDS education programmes in schools have been identified as the most effective intervention because billions of children can be reached worldwide and because schools are the one social institution with which most children come into contact. Young people in particular have been identified as the age group most in need of a preventative programme. The aim of this study is to explore the perceptions of grade six and seven learners with regard to the Life Skills programme focusing on HIV/AIDS education in the Port Elizabeth region. In order to fulfill the above aim a qualitative study was undertaken within an exploratory descriptive approach. A non-probability, convenient sample of six schools were selected. Focus groups, utilising an unstructured interview, were used to gather qualitative data about the perceptions of grade six and seven learners. The focus groups consisted of 10-12 participants. The data was thematically analysed using Tesch’s approach. The major findings of the present study included the following: 1. Learners’ perceptions of completing the questionnaire were generally positive in nature. Negative perceptions related to practical issues such as the length of the questionnaire and the time of administration. 2. Learner’s perceptions of the programme were generally positive. 3. Learners’ felt more comfortable discussing HIV/AIDS with parents and teachers. xi 4. Learners’ appeared to be well informed about high-risk behaviour related to HIV/AIDS and existing myths. 5. Contact with HIV+ people is non-existent. However, learner’s felt that the programme had fostered positive attitudes towards HIV+ people. 6. Learner’s felt that schools had an important role to play in sharing information about HIV/AIDS. These findings seem to indicate positive outcomes for the programme as a whole, in that is was successful in terms of conveying information regarding HIV/AIDS; it led to positive changes in attitudes, especially towards HIV+ people; and it confirmed the school as the best setting for implementing HIV/AIDS Life Skills programmes.
- Full Text:
- Date Issued: 2003
- Authors: Julies, Zainuneesa
- Date: 2003
- Subjects: AIDS (Disease) -- Study and teaching (Primary) -- South Africa -- Evaluation , AIDS (Disease) -- South Africa -- Prevention
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10988 , http://hdl.handle.net/10948/315 , AIDS (Disease) -- Study and teaching (Primary) -- South Africa -- Evaluation , AIDS (Disease) -- South Africa -- Prevention
- Description: At present there is no cure or vaccine for Human Immuno-deficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) therefore prevention programmes are seen as the only means of reducing the spread of the disease. HIV/AIDS education programmes in schools have been identified as the most effective intervention because billions of children can be reached worldwide and because schools are the one social institution with which most children come into contact. Young people in particular have been identified as the age group most in need of a preventative programme. The aim of this study is to explore the perceptions of grade six and seven learners with regard to the Life Skills programme focusing on HIV/AIDS education in the Port Elizabeth region. In order to fulfill the above aim a qualitative study was undertaken within an exploratory descriptive approach. A non-probability, convenient sample of six schools were selected. Focus groups, utilising an unstructured interview, were used to gather qualitative data about the perceptions of grade six and seven learners. The focus groups consisted of 10-12 participants. The data was thematically analysed using Tesch’s approach. The major findings of the present study included the following: 1. Learners’ perceptions of completing the questionnaire were generally positive in nature. Negative perceptions related to practical issues such as the length of the questionnaire and the time of administration. 2. Learner’s perceptions of the programme were generally positive. 3. Learners’ felt more comfortable discussing HIV/AIDS with parents and teachers. xi 4. Learners’ appeared to be well informed about high-risk behaviour related to HIV/AIDS and existing myths. 5. Contact with HIV+ people is non-existent. However, learner’s felt that the programme had fostered positive attitudes towards HIV+ people. 6. Learner’s felt that schools had an important role to play in sharing information about HIV/AIDS. These findings seem to indicate positive outcomes for the programme as a whole, in that is was successful in terms of conveying information regarding HIV/AIDS; it led to positive changes in attitudes, especially towards HIV+ people; and it confirmed the school as the best setting for implementing HIV/AIDS Life Skills programmes.
- Full Text:
- Date Issued: 2003