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 entrepreneurial framework for deciding on the implementation of large format digital printing internationally
- Adendorff, Christian Michael
- Authors: Adendorff, Christian Michael
- Date: 2003
- Subjects: Entrepreneurship , Success in business , Business -- Technological innovations , Digital printing
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1169 , http://hdl.handle.net/10962/d1002785 , Entrepreneurship , Success in business , Business -- Technological innovations , Digital printing
- Description: This study focuses on entrepreneurs within the SME sector using large format digital printing (LFDP) because of the changes in technology that influences the decisionmaking processes of the entrepreneur in the purchasing of a new LFDP. These fast changes are likely to continue and can cause technologies to become obsolete overnight. The entrepreneurs within the LFDP industry find themselves in the midst of these fast changes and are faced with a dilemma. On the one hand, they need to make sure that the technology used produces consistent and quality products. On the other hand, the entrepreneur needs to ensure an optimal return on investments. From the literature and the findings of the study, the researcher recommends a change to an existing model on a consultant involvement purchase of high technology products, which is then adapted to integrate resource-forecasting areas together with timing and type of information required as well as external environment scanning. The existing model’s focus is on the individual’s ability to make decisions based on their own knowledge. However, by integrating technology forecasting components, and scanning the business environment and resource forecasting needed the decision-maker will be better equipped to make decisions that also takes into account the external environment. This will also allow them to plan and manage growth in a systematic way. Therefore the proposed model takes into account individual capabilities and technology forecasting components that can facilitate the decision-making process. The adapted model on decision-making clearly delineates that the combination of entrepreneurial qualities and technology forecasting techniques in the LFDP industry will ultimately assist the entrepreneur on various levels in deciding on a new LFDP.
- Full Text:
- Date Issued: 2003
- Authors: Adendorff, Christian Michael
- Date: 2003
- Subjects: Entrepreneurship , Success in business , Business -- Technological innovations , Digital printing
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1169 , http://hdl.handle.net/10962/d1002785 , Entrepreneurship , Success in business , Business -- Technological innovations , Digital printing
- Description: This study focuses on entrepreneurs within the SME sector using large format digital printing (LFDP) because of the changes in technology that influences the decisionmaking processes of the entrepreneur in the purchasing of a new LFDP. These fast changes are likely to continue and can cause technologies to become obsolete overnight. The entrepreneurs within the LFDP industry find themselves in the midst of these fast changes and are faced with a dilemma. On the one hand, they need to make sure that the technology used produces consistent and quality products. On the other hand, the entrepreneur needs to ensure an optimal return on investments. From the literature and the findings of the study, the researcher recommends a change to an existing model on a consultant involvement purchase of high technology products, which is then adapted to integrate resource-forecasting areas together with timing and type of information required as well as external environment scanning. The existing model’s focus is on the individual’s ability to make decisions based on their own knowledge. However, by integrating technology forecasting components, and scanning the business environment and resource forecasting needed the decision-maker will be better equipped to make decisions that also takes into account the external environment. This will also allow them to plan and manage growth in a systematic way. Therefore the proposed model takes into account individual capabilities and technology forecasting components that can facilitate the decision-making process. The adapted model on decision-making clearly delineates that the combination of entrepreneurial qualities and technology forecasting techniques in the LFDP industry will ultimately assist the entrepreneur on various levels in deciding on a new LFDP.
- Full Text:
- Date Issued: 2003
An analysis of digital photojournalistic practices: a study of the Sowetan's photographic department
- Authors: Allan, Christopher
- Date: 2003
- Subjects: Sowetan (Johannesburg, South Africa) , Photojournalism -- South Africa , Photography -- Digital techniques , Photojournalists -- South Africa , Photojournalism -- South Africa -- Moral and ethical aspects
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3496 , http://hdl.handle.net/10962/d1003071 , Sowetan (Johannesburg, South Africa) , Photojournalism -- South Africa , Photography -- Digital techniques , Photojournalists -- South Africa , Photojournalism -- South Africa -- Moral and ethical aspects
- Description: Photojournalism in South Africa is in the process of undergoing a shift from an analogue past to a fully digital future. This shift to digital has already been completed by many of the newspapers in the United States of America and Europe, and the new technology is seen to have made fundamental differences in the way that journalists do their job. This thesis attempts to explore the differences brought about, as well as the problems experienced by the photographic department at the Sowetan newspaper as a result of the shift to digital. How the development of technology has affected the photojournalist throughout is focused upon in a brief history of photojournalism and examples of how technology has shaped different aspects of journalism in both a positive and negative manner is considered. Exactly what digital photography is, how it has been integrated into American Photographic departments and the changes that the new technology has prompted are also explained. The manipulation of images in the past as well as the relative ease of digital manipulation are covered and concerns are raised about the future implications of digital manipulation. By conductlng participant observation and holding interviews, research data was compiled which allowed conclusions to be drawn about the impact that the shift to digital had had on the Sowetan photographic department. Intentional and unintentional consequences were expected and revealed in the research. The job of the photojournalist and photographic editor was found to have changed but perhaps not as dramatically as expected. Third world factors such as crime, poverty and lack of education were discovered to have resulted in problems that differed noticeably from those experienced by American and European photographic departments. Some expected difficulties were not experienced at all, while other major obstacles, specifically the repairs that must constantly be made to the digital cameras, continue to hamper the operations of the new digital department. Some understanding of the problems that might be encountered by future photojournalism departments that are considering making the shift to digital are arrived at, in the hope that they may be foreseen and overcome.
- Full Text:
- Date Issued: 2003
An analysis of digital photojournalistic practices: a study of the Sowetan's photographic department
- Authors: Allan, Christopher
- Date: 2003
- Subjects: Sowetan (Johannesburg, South Africa) , Photojournalism -- South Africa , Photography -- Digital techniques , Photojournalists -- South Africa , Photojournalism -- South Africa -- Moral and ethical aspects
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3496 , http://hdl.handle.net/10962/d1003071 , Sowetan (Johannesburg, South Africa) , Photojournalism -- South Africa , Photography -- Digital techniques , Photojournalists -- South Africa , Photojournalism -- South Africa -- Moral and ethical aspects
- Description: Photojournalism in South Africa is in the process of undergoing a shift from an analogue past to a fully digital future. This shift to digital has already been completed by many of the newspapers in the United States of America and Europe, and the new technology is seen to have made fundamental differences in the way that journalists do their job. This thesis attempts to explore the differences brought about, as well as the problems experienced by the photographic department at the Sowetan newspaper as a result of the shift to digital. How the development of technology has affected the photojournalist throughout is focused upon in a brief history of photojournalism and examples of how technology has shaped different aspects of journalism in both a positive and negative manner is considered. Exactly what digital photography is, how it has been integrated into American Photographic departments and the changes that the new technology has prompted are also explained. The manipulation of images in the past as well as the relative ease of digital manipulation are covered and concerns are raised about the future implications of digital manipulation. By conductlng participant observation and holding interviews, research data was compiled which allowed conclusions to be drawn about the impact that the shift to digital had had on the Sowetan photographic department. Intentional and unintentional consequences were expected and revealed in the research. The job of the photojournalist and photographic editor was found to have changed but perhaps not as dramatically as expected. Third world factors such as crime, poverty and lack of education were discovered to have resulted in problems that differed noticeably from those experienced by American and European photographic departments. Some expected difficulties were not experienced at all, while other major obstacles, specifically the repairs that must constantly be made to the digital cameras, continue to hamper the operations of the new digital department. Some understanding of the problems that might be encountered by future photojournalism departments that are considering making the shift to digital are arrived at, in the hope that they may be foreseen and overcome.
- Full Text:
- Date Issued: 2003
The impact of diversity training on employee attitudes and behaviour with regard to diversity in work organisations: an analysis of a diversity-training programme in a Namibian work organisation
- Authors: Amuenje, Florentia
- Date: 2003
- Subjects: Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2924 , http://hdl.handle.net/10962/d1002433 , Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Description: Diversity training programmes are formal efforts to prepare the workforce to work with individuals from different cultural backgrounds and to improve organisational effectiveness. Although many studies have described diversity training programmes in the workplace, only a few have been evaluated to assess their effectiveness and impact on job outcomes. This thesis describes a study that assessed the impact of a diversity management-training programme on employee attitudes and behaviour towards diversity in a manufacturing company in Namibia. Kirkpatrick’s (1959) four-level model, which examines the trainees’ reactions to the training, the learning acquired, the behaviour change and improvement in organisational results, was used to measure the impact of the training programme. Data was collected through pre-and post-assessment semi-structured individual interviews and a focus group was conducted two months after the training. Data analysis indicates that the first two levels of the evaluation model showed an impact. The participants had positive reactions towards the course and said that they had learnt from the course. The data also showed that the training did not have any impact on the behaviour of the participants and on organisational outcomes. The research also revealed that lack of improved productivity and organisational results might have been influenced by unrealistic expectations, past political conditions, job insecurity and unemployment and the training context. Some recommendations for both the diversity training programme administrators as well as the management of the company are made.
- Full Text:
- Date Issued: 2003
- Authors: Amuenje, Florentia
- Date: 2003
- Subjects: Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2924 , http://hdl.handle.net/10962/d1002433 , Employees -- Training of -- Namibia , Diversity in the workplace , Employees -- Attitudes
- Description: Diversity training programmes are formal efforts to prepare the workforce to work with individuals from different cultural backgrounds and to improve organisational effectiveness. Although many studies have described diversity training programmes in the workplace, only a few have been evaluated to assess their effectiveness and impact on job outcomes. This thesis describes a study that assessed the impact of a diversity management-training programme on employee attitudes and behaviour towards diversity in a manufacturing company in Namibia. Kirkpatrick’s (1959) four-level model, which examines the trainees’ reactions to the training, the learning acquired, the behaviour change and improvement in organisational results, was used to measure the impact of the training programme. Data was collected through pre-and post-assessment semi-structured individual interviews and a focus group was conducted two months after the training. Data analysis indicates that the first two levels of the evaluation model showed an impact. The participants had positive reactions towards the course and said that they had learnt from the course. The data also showed that the training did not have any impact on the behaviour of the participants and on organisational outcomes. The research also revealed that lack of improved productivity and organisational results might have been influenced by unrealistic expectations, past political conditions, job insecurity and unemployment and the training context. Some recommendations for both the diversity training programme administrators as well as the management of the company are made.
- Full Text:
- Date Issued: 2003
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
The process of coping and self-management in the experience of recovering from chronic fatigue syndrome (CFS)
- Authors: Andrews, Karen Joyce
- Date: 2003 , 2013-05-20
- Subjects: Chronic fatigue syndrome , Chronic fatigue syndrome -- Psychological aspects
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3094 , http://hdl.handle.net/10962/d1003132 , Chronic fatigue syndrome , Chronic fatigue syndrome -- Psychological aspects
- Description: A hermeneutical model of doing research is adopted to investigate the process of coping and self-management in the experience of recovering from Chronic Fatigue Syndrome (CFS). Three research participants who consider themselves as recovering or recovered from CFS were interviewed to obtain data for analysis. The findings are that once the participants cope with the uncertainty about the meaning of the onset of symptoms by defining themselves as ill in somatic terms, the participants use external social and treatment resources to cope with the onset of symptoms and being chronically ill with CFS. As a consequence of feeling stigmatised in relation to social and professional scepticism about initially being ill and subsequently, being chronically ill with CFS, the participants become uncertain about the meaning of having CFS. Coping shifts to using internal resources by adopting self-management practises. In this process, firstly, existing self-management shifts in such a way that the participants view themselves as recovering or recovered from CFS, and secondly, the participants come to the understanding that difficulties with self-management cause and maintain CFS. The findings are discussed to conclude that CFS may be a misdiagnosis of difficulties with self-management. CFS itself may not be an 'objective' disorder, but a constituent of social processes. Becoming diagnosed with CFS arises as a consequence of the search for meaning in relation to the lay and professional assumption that psychological illness does not constitute 'real' illness, operating at both the levels of popular society and the doctor-patient relationship. Difficulties with self-management rather than the diagnosis of CFS provide a more adequate understariding of the participants' illnesses. , KMBT_363 , Adobe Acrobat 9.54 Paper Capture Plug-in
- Full Text:
- Date Issued: 2003
- Authors: Andrews, Karen Joyce
- Date: 2003 , 2013-05-20
- Subjects: Chronic fatigue syndrome , Chronic fatigue syndrome -- Psychological aspects
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3094 , http://hdl.handle.net/10962/d1003132 , Chronic fatigue syndrome , Chronic fatigue syndrome -- Psychological aspects
- Description: A hermeneutical model of doing research is adopted to investigate the process of coping and self-management in the experience of recovering from Chronic Fatigue Syndrome (CFS). Three research participants who consider themselves as recovering or recovered from CFS were interviewed to obtain data for analysis. The findings are that once the participants cope with the uncertainty about the meaning of the onset of symptoms by defining themselves as ill in somatic terms, the participants use external social and treatment resources to cope with the onset of symptoms and being chronically ill with CFS. As a consequence of feeling stigmatised in relation to social and professional scepticism about initially being ill and subsequently, being chronically ill with CFS, the participants become uncertain about the meaning of having CFS. Coping shifts to using internal resources by adopting self-management practises. In this process, firstly, existing self-management shifts in such a way that the participants view themselves as recovering or recovered from CFS, and secondly, the participants come to the understanding that difficulties with self-management cause and maintain CFS. The findings are discussed to conclude that CFS may be a misdiagnosis of difficulties with self-management. CFS itself may not be an 'objective' disorder, but a constituent of social processes. Becoming diagnosed with CFS arises as a consequence of the search for meaning in relation to the lay and professional assumption that psychological illness does not constitute 'real' illness, operating at both the levels of popular society and the doctor-patient relationship. Difficulties with self-management rather than the diagnosis of CFS provide a more adequate understariding of the participants' illnesses. , KMBT_363 , Adobe Acrobat 9.54 Paper Capture Plug-in
- Full Text:
- Date Issued: 2003
Review and development of environmental interpretation resources to foster environmental learning in two Kenyan schools
- Authors: Atiti, Abel Barasa
- Date: 2003
- Subjects: Environmental education -- Kenya Environmental education -- Kenya -- Case studies
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1743 , http://hdl.handle.net/10962/d1003627
- Description: This participatory action research study involved a group of teachers in transforming school grounds into interpretation resources. Approached from a critical perspective, it challenged the conventional top-down approaches to interpretation resources and materials development. Through a teacher-centred approach, a school-based ‘botanic garden’ and ‘arboretum’ were developed at Samaj and Kenya High respectively. Teachers were further actively engaged in developing a variety of interpretive materials that might engage learners in socially critical environmental education processes at the transformed sites. A process in which educators from five non-formal education organisations shared their skills and knowledge on environmental interpretation with teachers preceded the development of interpretation resources and materials. Drawing on Latour (1999), I have applied the notion of mobilising interpretive capital when describing this process. Interpretive capital within the non-formal education sector was mobilised and made available through social interactions between teachers and non-formal educators. This occurred during workshops, organisational visits and critical reviews of a sample of interpretive materials. I provide insights into how the interpretive capital was mobilised and later drawn on by teachers during the development processes in their schools. This study argues that mobilising interpretive capital with teachers through partnerships can enhance the transformation of school grounds to foster environmental learning. It shows how attempts to find solutions with teachers were made in response to pedagogical and curriculum tensions that arise around the implementation of environmental education processes in their schools. To provide orientation in environmental education processes in schools, analyses of socially critical environmental education processes and a review of theoretical perspectives on interpretation as an environmental education process are presented. I have viewed interpretation and environmental education as reciprocally necessary aspects for enabling the development of critical environmental literacy and action competence. To explain this view, the notion of environmental interpretation and education processes has been applied and presented in this study. Finally, practical outcomes of the study on transformation of school grounds, improved education practice, enhanced professional competencies amongst teachers, new interpretive materials in schools and the establishment of partnerships are examined.
- Full Text:
- Date Issued: 2003
- Authors: Atiti, Abel Barasa
- Date: 2003
- Subjects: Environmental education -- Kenya Environmental education -- Kenya -- Case studies
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1743 , http://hdl.handle.net/10962/d1003627
- Description: This participatory action research study involved a group of teachers in transforming school grounds into interpretation resources. Approached from a critical perspective, it challenged the conventional top-down approaches to interpretation resources and materials development. Through a teacher-centred approach, a school-based ‘botanic garden’ and ‘arboretum’ were developed at Samaj and Kenya High respectively. Teachers were further actively engaged in developing a variety of interpretive materials that might engage learners in socially critical environmental education processes at the transformed sites. A process in which educators from five non-formal education organisations shared their skills and knowledge on environmental interpretation with teachers preceded the development of interpretation resources and materials. Drawing on Latour (1999), I have applied the notion of mobilising interpretive capital when describing this process. Interpretive capital within the non-formal education sector was mobilised and made available through social interactions between teachers and non-formal educators. This occurred during workshops, organisational visits and critical reviews of a sample of interpretive materials. I provide insights into how the interpretive capital was mobilised and later drawn on by teachers during the development processes in their schools. This study argues that mobilising interpretive capital with teachers through partnerships can enhance the transformation of school grounds to foster environmental learning. It shows how attempts to find solutions with teachers were made in response to pedagogical and curriculum tensions that arise around the implementation of environmental education processes in their schools. To provide orientation in environmental education processes in schools, analyses of socially critical environmental education processes and a review of theoretical perspectives on interpretation as an environmental education process are presented. I have viewed interpretation and environmental education as reciprocally necessary aspects for enabling the development of critical environmental literacy and action competence. To explain this view, the notion of environmental interpretation and education processes has been applied and presented in this study. Finally, practical outcomes of the study on transformation of school grounds, improved education practice, enhanced professional competencies amongst teachers, new interpretive materials in schools and the establishment of partnerships are examined.
- 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
Mesozooplankton community structure and grazing impact in the polar frontal zone of the Southern Ocean
- Authors: Bernard, Kim Sarah
- Date: 2003
- Subjects: Zooplankton -- Antarctic Ocean , Copepoda -- Feeding and feeds
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5731 , http://hdl.handle.net/10962/d1005417 , Zooplankton -- Antarctic Ocean , Copepoda -- Feeding and feeds
- Description: Mesozooplankton community structure and grazing impact in the Polar Frontal Zone (PFZ) of the Southern Ocean were investigated during two cruises of the South African National Antarctic Programme (SANAP), the Marion Offshore Ecosystem Variability Study I & II (MOEVS). During the first cruise (MOEVS I), a meso-scale oceanographic grid survey was conducted in the upstream region of the Prince Edward Islands (PEI) in austral autumn (April) 2001. Mesozooplankton samples, collected using a Bongo net (fitted with 200 and 300µm mesh nets) at depths between 200 and 300 m, were separated into three size fractions: 200-500 µm; 500-1000 µm; 1000-2000 µm by reverse filtration. Total surface (depth <5 m) chlorophyll-a (chl-a) concentration (measured fluorometrically) during the study ranged between 0.11 and 0.34 µg 1^(-1) and was always dominated by picophytoplankton (<2.0 µm). Total mesozooplankton abundance and biomass during the survey ranged between 49 and 1512 ind. m^(-3) and between 0.7 and 25 mg Dwt. m^(-3), respectively. Throughout the survey, the 200-500 µm class numerically dominated the mesozooplankton community, comprising an average of ~ 69% (SD = ± 12.3%). The dominant species in the 200-500 µm size fraction were the copepods Oithona similis, Calanus simillimus and Metridia lucens and the pteropod, Limacina retroversa. However, in terms of biomass, the 1000-2000 µm group was predominant, with dry weight values constituting an average of ~ 66% (SD = ± 10.2%). Biomass was dominated by carnivorous zooplankton, particularly the euphausiids, Euphausia vallentini and Thysanoessa vicina and the chaetognaths, Sagitta gazellae and Eukrohnia hamata. Three distinct groupings of stations were identified by multivariate analysis. The different station groupings identified reflect changes in the relative contributions of the rather than different species assemblages. During the second cruise (MOEVS II), conducted in April 2002 (austral autumn), mesozooplankton community structure and grazing impact were investigated at 13 stations in the west Indian sector of the PFZ. Total integrated chl-a biomass ranged between 11.17 and 28.34 mg chl-a m^(-2) and was always dominated by nano- and picophytoplankton (<20 µm). Throughout the study, small copepods, mainly Oithona similis and Ctenocalanus vanus, numerically dominated the mesozooplankton community comprising up to 85% (range 30 to 85%) of the total abundance. Grazing activity of the four most abundant copepods (O. similis, C. vanus, Calanus simillimus and Clausocalanus spp.), which comprised up to 93% of total mesozooplankton abundance, was investigated using the gut fluorescent technique. Results of gut fluorescence analyses indicated that C. simillimus, Clausocalanus spp. and Ctenocalanus vanus exhibited diel variability in gut pigments, with maximum values at various stages of the night. In contrast, O. similis did not demonstrate diel variation in gut pigment contents. Ingestion rates of the four copepods ranged from 23.23 to 1462.02 ng (pigm.) ind^(-1) day^(-1), depending on the species. The combined grazing impact of the four copepods, ranged between 1 and 36% of the phytoplankton standing stock per day, with the highest daily impact (~ 35.86%) occurring at stations in the vicinity of the Antarctic Polar Front. Among the copepods, O. similis and C. vanus were generally the most important consumers of phytoplankton biomass; together they were responsible for up to 89% (range 15 to 89%) of the total daily grazing impact. Carbon specific ingestion rates of the copepods varied between 42 and 320% body carbon per day, depending on the species. The study highlights the importance of small copepods in terms of both their significant contribution to total mesozooplankton numbers and their grazing impact on the phytoplankton standing stocks in the PFZ during austral autumn.
- Full Text:
- Date Issued: 2003
- Authors: Bernard, Kim Sarah
- Date: 2003
- Subjects: Zooplankton -- Antarctic Ocean , Copepoda -- Feeding and feeds
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5731 , http://hdl.handle.net/10962/d1005417 , Zooplankton -- Antarctic Ocean , Copepoda -- Feeding and feeds
- Description: Mesozooplankton community structure and grazing impact in the Polar Frontal Zone (PFZ) of the Southern Ocean were investigated during two cruises of the South African National Antarctic Programme (SANAP), the Marion Offshore Ecosystem Variability Study I & II (MOEVS). During the first cruise (MOEVS I), a meso-scale oceanographic grid survey was conducted in the upstream region of the Prince Edward Islands (PEI) in austral autumn (April) 2001. Mesozooplankton samples, collected using a Bongo net (fitted with 200 and 300µm mesh nets) at depths between 200 and 300 m, were separated into three size fractions: 200-500 µm; 500-1000 µm; 1000-2000 µm by reverse filtration. Total surface (depth <5 m) chlorophyll-a (chl-a) concentration (measured fluorometrically) during the study ranged between 0.11 and 0.34 µg 1^(-1) and was always dominated by picophytoplankton (<2.0 µm). Total mesozooplankton abundance and biomass during the survey ranged between 49 and 1512 ind. m^(-3) and between 0.7 and 25 mg Dwt. m^(-3), respectively. Throughout the survey, the 200-500 µm class numerically dominated the mesozooplankton community, comprising an average of ~ 69% (SD = ± 12.3%). The dominant species in the 200-500 µm size fraction were the copepods Oithona similis, Calanus simillimus and Metridia lucens and the pteropod, Limacina retroversa. However, in terms of biomass, the 1000-2000 µm group was predominant, with dry weight values constituting an average of ~ 66% (SD = ± 10.2%). Biomass was dominated by carnivorous zooplankton, particularly the euphausiids, Euphausia vallentini and Thysanoessa vicina and the chaetognaths, Sagitta gazellae and Eukrohnia hamata. Three distinct groupings of stations were identified by multivariate analysis. The different station groupings identified reflect changes in the relative contributions of the rather than different species assemblages. During the second cruise (MOEVS II), conducted in April 2002 (austral autumn), mesozooplankton community structure and grazing impact were investigated at 13 stations in the west Indian sector of the PFZ. Total integrated chl-a biomass ranged between 11.17 and 28.34 mg chl-a m^(-2) and was always dominated by nano- and picophytoplankton (<20 µm). Throughout the study, small copepods, mainly Oithona similis and Ctenocalanus vanus, numerically dominated the mesozooplankton community comprising up to 85% (range 30 to 85%) of the total abundance. Grazing activity of the four most abundant copepods (O. similis, C. vanus, Calanus simillimus and Clausocalanus spp.), which comprised up to 93% of total mesozooplankton abundance, was investigated using the gut fluorescent technique. Results of gut fluorescence analyses indicated that C. simillimus, Clausocalanus spp. and Ctenocalanus vanus exhibited diel variability in gut pigments, with maximum values at various stages of the night. In contrast, O. similis did not demonstrate diel variation in gut pigment contents. Ingestion rates of the four copepods ranged from 23.23 to 1462.02 ng (pigm.) ind^(-1) day^(-1), depending on the species. The combined grazing impact of the four copepods, ranged between 1 and 36% of the phytoplankton standing stock per day, with the highest daily impact (~ 35.86%) occurring at stations in the vicinity of the Antarctic Polar Front. Among the copepods, O. similis and C. vanus were generally the most important consumers of phytoplankton biomass; together they were responsible for up to 89% (range 15 to 89%) of the total daily grazing impact. Carbon specific ingestion rates of the copepods varied between 42 and 320% body carbon per day, depending on the species. The study highlights the importance of small copepods in terms of both their significant contribution to total mesozooplankton numbers and their grazing impact on the phytoplankton standing stocks in the PFZ during austral autumn.
- 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
Exploring differences between organisational cultures in a company undergoing change
- Authors: Bowa, Mabvuto
- Date: 2003
- Subjects: Organizational change -- Africa , Corporate culture -- Africa , Management -- Africa , Organizational behavior -- Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3126 , http://hdl.handle.net/10962/d1006287 , Organizational change -- Africa , Corporate culture -- Africa , Management -- Africa , Organizational behavior -- Africa
- Description: Change is a common phenomena in business organisations today. The turbulent environment is exerting a significant influence on organisations to make continuous changes in their internal environment in an attempt to improve performance and achieve competitiveness in the marketplace. The human factors which confront organisations undergoing change have not been thoroughly investigated in Sub-Saharan Africa. The present study aimed at investigating human issues affecting the performance ofan organisation located in an Afiican country. Data was collected using semi-structured interviews and focus groups. Twenty interviews were conducted with employees randomly selected from all the levels of the company, namely attendant, operator, supervisory, middle and top management. Five focus groups were carried out with employees from different employee categories. Both sets of data were analysed using grounded theory. The findings showed that there were several problems in the company including insecurity, lack of opportunities for employee development, autocratic management style, lack of participation in decision making, substandard performance, ineffective human resources systems and lack of adaptation to technology. It was suggested that the problems resulted from the clash between organisational cultures in the company. At one level, there was a clash between the local workers' socialist organisational culture and the expatriates' capitalistic organisational culture. At a more deeper level, the clash appeared to be between the local employees' collectivistic sociocultural values and the expatriates' individualistic value system. These findings have significant implications for managing change in organisations with diverse cultures.
- Full Text:
- Date Issued: 2003
- Authors: Bowa, Mabvuto
- Date: 2003
- Subjects: Organizational change -- Africa , Corporate culture -- Africa , Management -- Africa , Organizational behavior -- Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3126 , http://hdl.handle.net/10962/d1006287 , Organizational change -- Africa , Corporate culture -- Africa , Management -- Africa , Organizational behavior -- Africa
- Description: Change is a common phenomena in business organisations today. The turbulent environment is exerting a significant influence on organisations to make continuous changes in their internal environment in an attempt to improve performance and achieve competitiveness in the marketplace. The human factors which confront organisations undergoing change have not been thoroughly investigated in Sub-Saharan Africa. The present study aimed at investigating human issues affecting the performance ofan organisation located in an Afiican country. Data was collected using semi-structured interviews and focus groups. Twenty interviews were conducted with employees randomly selected from all the levels of the company, namely attendant, operator, supervisory, middle and top management. Five focus groups were carried out with employees from different employee categories. Both sets of data were analysed using grounded theory. The findings showed that there were several problems in the company including insecurity, lack of opportunities for employee development, autocratic management style, lack of participation in decision making, substandard performance, ineffective human resources systems and lack of adaptation to technology. It was suggested that the problems resulted from the clash between organisational cultures in the company. At one level, there was a clash between the local workers' socialist organisational culture and the expatriates' capitalistic organisational culture. At a more deeper level, the clash appeared to be between the local employees' collectivistic sociocultural values and the expatriates' individualistic value system. These findings have significant implications for managing change in organisations with diverse cultures.
- Full Text:
- Date Issued: 2003
The structure of ant communities and their impact on soil-pupating pests in citrus orchards in the Grahamstown area of the Eastern Cape
- Authors: Bownes, Angela
- Date: 2003
- Subjects: Ants -- South Africa -- Eastern Cape , Pests -- Control -- South Africa , Homoptera -- Control -- South Africa -- Eastern Cape , Citrus -- Diseases and pests -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5775 , http://hdl.handle.net/10962/d1005463 , Ants -- South Africa -- Eastern Cape , Pests -- Control -- South Africa , Homoptera -- Control -- South Africa -- Eastern Cape , Citrus -- Diseases and pests -- South Africa -- Eastern Cape
- Description: Two ant species, Pheidole megacephala (Fabricius) and Anoplolepis custodiens (Smith) reach pest status in citrus orchards through precipitating outbreaks of homopterous pests. However, predacious ants, including these two ant species, play an important role in pest suppression in agroecosystems and are therefore beneficial to these systems. If A. custodiens and P. megacephala are important natural control agents in citrus, using ant bands to break the mutualism between the ants and the Homoptera as a method of ant control is preferable to poisoning. Ant communities were sampled by pitfall trapping in three experimental subunits of 2-, 4-, 15- and 30-year-old citrus orchards, in the Grahamstown area of the Eastern Cape. In one subunit in each orchard, populations of P. megacephala and A. custodiens were suppressed by poison applications. In a second subunit, trees were banded with trunk barriers so that ants were prevented from foraging in the trees and a third subunit served as the untreated control. Bait pupae of bollworm, false codling moth and fruit fly were planted in bait trays in all of the subunits to investigate predation on these citrus pests in the relative absence of predacious ants and where they were excluded from the trees. Pheidole megacephala dominated exclusively in all of the plots. Community composition did not change dramatically with increasing age of the trees, but species diversity and species abundance did. Rank-abundance curves showed that community diversity was highest in the 2-year-old plots and lowest in the 30-year-old plots. The Simpson and Shannon-Wiener diversity indices and their evenness measures indicated that diversity and equitability were highest in the poisoned subunits and lowest in the banded subunits. Principle component analysis revealed that the poisoned subunits were similar and distinct in species composition, that there was significant monthly variation in species composition and that community stability increases with an increase in orchard age. The presence of P. megacephala was significantly negatively correlated (rs = -0.293; p < 0.001) with pest pupal survival. Pupal survival was significantly higher for bollworm (p < 0.001), FCM (p < 0.001) and fruit fly (p < 0.001) in the poisoned subunits, than in the banded and control subunits. There was a general trend for survivorship to increase with an increase in the age of the trees. A significant difference (p < 0.001) was found between the months in which the trials were carried out. Pupal survival was significantly lower (p < 0.001) for FCM than for bollworm and fruit fly. In citrus orchards, ant communities are organised by ecological processes and interactions and are influenced by methods of ant control. Ant bands are preferable to poisoning as a method of ant control, so that beneficial species are left on the ground to prey on pests that pupate in the soil. Maintaining high ant species diversity in citrus orchards would be beneficial as predation on the pupae was more effective where ant species diversity was higher.
- Full Text:
- Date Issued: 2003
- Authors: Bownes, Angela
- Date: 2003
- Subjects: Ants -- South Africa -- Eastern Cape , Pests -- Control -- South Africa , Homoptera -- Control -- South Africa -- Eastern Cape , Citrus -- Diseases and pests -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5775 , http://hdl.handle.net/10962/d1005463 , Ants -- South Africa -- Eastern Cape , Pests -- Control -- South Africa , Homoptera -- Control -- South Africa -- Eastern Cape , Citrus -- Diseases and pests -- South Africa -- Eastern Cape
- Description: Two ant species, Pheidole megacephala (Fabricius) and Anoplolepis custodiens (Smith) reach pest status in citrus orchards through precipitating outbreaks of homopterous pests. However, predacious ants, including these two ant species, play an important role in pest suppression in agroecosystems and are therefore beneficial to these systems. If A. custodiens and P. megacephala are important natural control agents in citrus, using ant bands to break the mutualism between the ants and the Homoptera as a method of ant control is preferable to poisoning. Ant communities were sampled by pitfall trapping in three experimental subunits of 2-, 4-, 15- and 30-year-old citrus orchards, in the Grahamstown area of the Eastern Cape. In one subunit in each orchard, populations of P. megacephala and A. custodiens were suppressed by poison applications. In a second subunit, trees were banded with trunk barriers so that ants were prevented from foraging in the trees and a third subunit served as the untreated control. Bait pupae of bollworm, false codling moth and fruit fly were planted in bait trays in all of the subunits to investigate predation on these citrus pests in the relative absence of predacious ants and where they were excluded from the trees. Pheidole megacephala dominated exclusively in all of the plots. Community composition did not change dramatically with increasing age of the trees, but species diversity and species abundance did. Rank-abundance curves showed that community diversity was highest in the 2-year-old plots and lowest in the 30-year-old plots. The Simpson and Shannon-Wiener diversity indices and their evenness measures indicated that diversity and equitability were highest in the poisoned subunits and lowest in the banded subunits. Principle component analysis revealed that the poisoned subunits were similar and distinct in species composition, that there was significant monthly variation in species composition and that community stability increases with an increase in orchard age. The presence of P. megacephala was significantly negatively correlated (rs = -0.293; p < 0.001) with pest pupal survival. Pupal survival was significantly higher for bollworm (p < 0.001), FCM (p < 0.001) and fruit fly (p < 0.001) in the poisoned subunits, than in the banded and control subunits. There was a general trend for survivorship to increase with an increase in the age of the trees. A significant difference (p < 0.001) was found between the months in which the trials were carried out. Pupal survival was significantly lower (p < 0.001) for FCM than for bollworm and fruit fly. In citrus orchards, ant communities are organised by ecological processes and interactions and are influenced by methods of ant control. Ant bands are preferable to poisoning as a method of ant control, so that beneficial species are left on the ground to prey on pests that pupate in the soil. Maintaining high ant species diversity in citrus orchards would be beneficial as predation on the pupae was more effective where ant species diversity was higher.
- Full Text:
- Date Issued: 2003
The phenomenology of psychiatric diagnosis: an exploration of the experience of intersubjectivity
- Bradfield, Bruce Christopher
- Authors: Bradfield, Bruce Christopher
- Date: 2003
- Subjects: Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2941 , http://hdl.handle.net/10962/d1002450 , Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Description: This work is born out of previous research, conducted by this researcher, into the effects of psychiatric labelling on individuals thus differentiated. Informed by the investigative thrust of phenomenological inquiry, it is the aim herein to provide an illumination of the dramatic confrontation of the labelled individual with the classificatory branding that is his or her label. The question asked is: What is the experience of the labelled individual, and how does the label function as a ‘scientific fact’ (Kiesler, 2000) suffused within his being? In answering these questions, the researcher aims to abandon his own expectations, as is fitting with the phenomenological method, and to devote his sympathies entirely to the subjective disclosures which, it is hoped, the participants will offer. On this point, an obvious tension exists insofar as expectation and hypothesis necessarily constitute the inception of any research endeavour; and so, the notion of a complete bracketing of assumption and anticipation seems methodologically vague. The explorative impetus within this dissertation aims towards an elucidation of the effect of psychiatric diagnosis on the labelled individual, in terms of the individual’s experience of being-with-others. The impact of the offering of the label upon the individual’s interpersonal and intersubjective presence will be explored so as to establish whether psychiatric labelling unfolds as a disconnection of the individual from his co-existence with others.
- Full Text:
- Date Issued: 2003
- Authors: Bradfield, Bruce Christopher
- Date: 2003
- Subjects: Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2941 , http://hdl.handle.net/10962/d1002450 , Mental illness -- Diagnosis , Intersubjectivity , Stereotypes (Social psychology)
- Description: This work is born out of previous research, conducted by this researcher, into the effects of psychiatric labelling on individuals thus differentiated. Informed by the investigative thrust of phenomenological inquiry, it is the aim herein to provide an illumination of the dramatic confrontation of the labelled individual with the classificatory branding that is his or her label. The question asked is: What is the experience of the labelled individual, and how does the label function as a ‘scientific fact’ (Kiesler, 2000) suffused within his being? In answering these questions, the researcher aims to abandon his own expectations, as is fitting with the phenomenological method, and to devote his sympathies entirely to the subjective disclosures which, it is hoped, the participants will offer. On this point, an obvious tension exists insofar as expectation and hypothesis necessarily constitute the inception of any research endeavour; and so, the notion of a complete bracketing of assumption and anticipation seems methodologically vague. The explorative impetus within this dissertation aims towards an elucidation of the effect of psychiatric diagnosis on the labelled individual, in terms of the individual’s experience of being-with-others. The impact of the offering of the label upon the individual’s interpersonal and intersubjective presence will be explored so as to establish whether psychiatric labelling unfolds as a disconnection of the individual from his co-existence with others.
- Full Text:
- Date Issued: 2003
Nursing in transition: negotiating the experience: an exploration of the impact of the aids pandemic on the subjective work experiences of peri-urban nurses
- Authors: Brown, Lisa Joy
- Date: 2003
- Subjects: AIDS (Disease) -- Nursing -- South Africa , AIDS (Disease) -- Nursing -- Psychological aspects , Nurses -- Job stress -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3252 , http://hdl.handle.net/10962/d1015962
- Description: A substantial amount of international research exists examining the impact of HIV/AIDS on health care workers. However, the impact of HIV/AIDS on nursing staff in South Africa has been relatively neglected. The primary objective of this study was to examine the impact of the AIDS pandemic on the subjective work experiences of peri-urban nurses in South Africa. The study explored the relationship between external changes in the nurses' working environment and their internal psychological responses for negotiating this change. A focus group of eight nurses was conducted, followed by indepth individual interviews with three group members. A grounded theory method was utilised to process and analyse the data. The research showed that nurses experience two forms of change. It was suggested that nurses respond to external changes in a manner designed to maximise their control and sense of meaning in an unpredictable environment. This accommodation involves the restoration of an internal psychological equilibrium through a process of balancing positive and negative experiences. The attainment of such an acceptable equilibrium may allow for diminished stress, increased satisfaction or fulfilment and the validation of personal and professional significance.
- Full Text:
- Date Issued: 2003
- Authors: Brown, Lisa Joy
- Date: 2003
- Subjects: AIDS (Disease) -- Nursing -- South Africa , AIDS (Disease) -- Nursing -- Psychological aspects , Nurses -- Job stress -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3252 , http://hdl.handle.net/10962/d1015962
- Description: A substantial amount of international research exists examining the impact of HIV/AIDS on health care workers. However, the impact of HIV/AIDS on nursing staff in South Africa has been relatively neglected. The primary objective of this study was to examine the impact of the AIDS pandemic on the subjective work experiences of peri-urban nurses in South Africa. The study explored the relationship between external changes in the nurses' working environment and their internal psychological responses for negotiating this change. A focus group of eight nurses was conducted, followed by indepth individual interviews with three group members. A grounded theory method was utilised to process and analyse the data. The research showed that nurses experience two forms of change. It was suggested that nurses respond to external changes in a manner designed to maximise their control and sense of meaning in an unpredictable environment. This accommodation involves the restoration of an internal psychological equilibrium through a process of balancing positive and negative experiences. The attainment of such an acceptable equilibrium may allow for diminished stress, increased satisfaction or fulfilment and the validation of personal and professional significance.
- Full Text:
- Date Issued: 2003
Patents, pills, poverty and pandemic: the ethical issues
- Authors: Brown, Walter
- Date: 2003
- Subjects: Kant, Immanuel, 1724-1804 -- Ethics , AIDS (Disease) -- Treatment -- South Africa -- Moral and ethical aspects , AIDS (Disease) -- Moral and ethical aspects , HIV infections -- South Africa , HIV infections -- Treatment -- South Africa -- Moral and ethical aspects , Social responsibility of business , Pharmaceutical industry -- South Africa -- Moral and ethical aspects
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2705 , http://hdl.handle.net/10962/d1002835 , Kant, Immanuel, 1724-1804 -- Ethics , AIDS (Disease) -- Treatment -- South Africa -- Moral and ethical aspects , AIDS (Disease) -- Moral and ethical aspects , HIV infections -- South Africa , HIV infections -- Treatment -- South Africa -- Moral and ethical aspects , Social responsibility of business , Pharmaceutical industry -- South Africa -- Moral and ethical aspects
- Description: This thesis argues that corporations qua corporations are moral agents sui generis and hence capable of being held morally responsible. I argue that corporations qua corporations are responsible for the actual and foreseen consequences of their actions. I analyse normative theories and the different proscriptive responsibilities they place on moral agents and hence corporations. I examine Kantianism, utilitarianism and virtue ethics. I argue for a unique normative ethical theory that incorporates reasoning from all three of the normative theories. I argue for a broad range of reasons to factor into deciding whether an act is ethical or not. One of the claims of this thesis is that ethical theories must incorporate an agent’s motivation, intention and character traits as relevant to deciding on whether an action is ethical or not. My thesis argues for an indispensable role for the virtues while at the same time incorporating impartial beneficence and universal rationality from utilitarianism and Kantianism. This position I, following the literature, refer to as moderate virtue theory. Having established corporate qua corporate responsibility I question the pharmaceutical corporation’s practice of patenting life saving medication during a state of pandemic in poor countries. The moderate virtue theory position prioritises contexts and the actual human condition and criticises normative theories that attempt to give universal, abstracted answers to ethical problems. It is for this reason and the current (2003) HIV/AIDS pandemic that I focus on a particular context. I examine the practice of patenting life saving medication within South Africa and argue, applying moderate virtue theory, that this act cannot be justified. I argue that a pharmaceutical corporation that patents life saving medication in South Africa cannot justify that action and thus is morally responsible for that action. I also argue that corporations patenting HIV/AIDS medication in South Africa have unethical motivations and intentions.
- Full Text:
- Date Issued: 2003
- Authors: Brown, Walter
- Date: 2003
- Subjects: Kant, Immanuel, 1724-1804 -- Ethics , AIDS (Disease) -- Treatment -- South Africa -- Moral and ethical aspects , AIDS (Disease) -- Moral and ethical aspects , HIV infections -- South Africa , HIV infections -- Treatment -- South Africa -- Moral and ethical aspects , Social responsibility of business , Pharmaceutical industry -- South Africa -- Moral and ethical aspects
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2705 , http://hdl.handle.net/10962/d1002835 , Kant, Immanuel, 1724-1804 -- Ethics , AIDS (Disease) -- Treatment -- South Africa -- Moral and ethical aspects , AIDS (Disease) -- Moral and ethical aspects , HIV infections -- South Africa , HIV infections -- Treatment -- South Africa -- Moral and ethical aspects , Social responsibility of business , Pharmaceutical industry -- South Africa -- Moral and ethical aspects
- Description: This thesis argues that corporations qua corporations are moral agents sui generis and hence capable of being held morally responsible. I argue that corporations qua corporations are responsible for the actual and foreseen consequences of their actions. I analyse normative theories and the different proscriptive responsibilities they place on moral agents and hence corporations. I examine Kantianism, utilitarianism and virtue ethics. I argue for a unique normative ethical theory that incorporates reasoning from all three of the normative theories. I argue for a broad range of reasons to factor into deciding whether an act is ethical or not. One of the claims of this thesis is that ethical theories must incorporate an agent’s motivation, intention and character traits as relevant to deciding on whether an action is ethical or not. My thesis argues for an indispensable role for the virtues while at the same time incorporating impartial beneficence and universal rationality from utilitarianism and Kantianism. This position I, following the literature, refer to as moderate virtue theory. Having established corporate qua corporate responsibility I question the pharmaceutical corporation’s practice of patenting life saving medication during a state of pandemic in poor countries. The moderate virtue theory position prioritises contexts and the actual human condition and criticises normative theories that attempt to give universal, abstracted answers to ethical problems. It is for this reason and the current (2003) HIV/AIDS pandemic that I focus on a particular context. I examine the practice of patenting life saving medication within South Africa and argue, applying moderate virtue theory, that this act cannot be justified. I argue that a pharmaceutical corporation that patents life saving medication in South Africa cannot justify that action and thus is morally responsible for that action. I also argue that corporations patenting HIV/AIDS medication in South Africa have unethical motivations and intentions.
- 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
Marketing fresh venison in the Eastern Cape Province using a niche marketing strategy
- Authors: Bull, Gregory Simon
- Date: 2003
- Subjects: Market segmentation , Venison -- Marketing , Meat industry and trade -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MTech (Marketing)
- Identifier: vital:10765 , http://hdl.handle.net/10948/136 , Market segmentation , Venison -- Marketing , Meat industry and trade -- South Africa -- Eastern Cape
- Description: There is a need in the Eastern Cape Province to expand the market for fresh venison. This need is due in part to fluctuations in the export market and fragmentation of consumption in the food industry, which has led to an increased demand for specialised and customised products. A suitable method for addressing these issues and successfully marketing fresh venison in the Eastern Cape Province was required, and based on the findings of this study, niche marketing was found to be a possible marketing method to explore. This study evaluated how a strategy of niche marketing could be used to market fresh venison within the Eastern Cape Province. By analysing this main problem the research attempted to identify and understand the challenges of marketing fresh venison to the final consumer in the Eastern Cape Province and to determine whether niche marketing would be a viable option when taking into account venison’s unique characteristics. Niche marketing was characterised and discussed in the light of other marketing approaches and the most important elements of a successful niche marketing strategy were highlighted. The information resulting from scrutiny of all of these sub-problems was then used to address the challenge of marketing fresh venison to the final consumer. In-depth interviews were deemed most suitable for this study based on the nature of the topic and the depth of expertise of qualified personnel in the Eastern Cape Province fresh venison industry. Consequently, four interviews were conducted with experts in the field. Using the niche marketing concept and the strategy that drives it, namely differentiation, possible niche markets were identified. A strategy of multiple niching was adopted to address the differentiation opportunities available, based on the relevant specialist roles of fresh venison. These differentiation opportunities in turn lead to competitive advantage. Possible niche target markets identified and analysed included the tourist market, travellers (foreign and local) by air and sea, the organic aware market and the pet food market. Branding was found to be an integral element for the niche marketing of venison and is also discussed. The main problems hindering fresh venison marketing in the Eastern Cape Province were found to be consumers’ lack of knowledge of venison, cultural differences and consumer preferences, lack of a formal infrastructure and control, and a lack of accurate data. These challenges need to be addressed before fresh venison can be successfully marketed in the Eastern Cape Province. Research needs to be conducted on the venison industry and formal supply chains and control channels need to be implemented before a quality product in substantial and consistent quantities can be successfully marketed to the final consumer. Consumers and industry personnel must be educated about venison and its merits, and fresh venison must initially target white tablecloth restaurants and specialised delicatessens, where service is as important as the product itself.
- Full Text:
- Date Issued: 2003
- Authors: Bull, Gregory Simon
- Date: 2003
- Subjects: Market segmentation , Venison -- Marketing , Meat industry and trade -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MTech (Marketing)
- Identifier: vital:10765 , http://hdl.handle.net/10948/136 , Market segmentation , Venison -- Marketing , Meat industry and trade -- South Africa -- Eastern Cape
- Description: There is a need in the Eastern Cape Province to expand the market for fresh venison. This need is due in part to fluctuations in the export market and fragmentation of consumption in the food industry, which has led to an increased demand for specialised and customised products. A suitable method for addressing these issues and successfully marketing fresh venison in the Eastern Cape Province was required, and based on the findings of this study, niche marketing was found to be a possible marketing method to explore. This study evaluated how a strategy of niche marketing could be used to market fresh venison within the Eastern Cape Province. By analysing this main problem the research attempted to identify and understand the challenges of marketing fresh venison to the final consumer in the Eastern Cape Province and to determine whether niche marketing would be a viable option when taking into account venison’s unique characteristics. Niche marketing was characterised and discussed in the light of other marketing approaches and the most important elements of a successful niche marketing strategy were highlighted. The information resulting from scrutiny of all of these sub-problems was then used to address the challenge of marketing fresh venison to the final consumer. In-depth interviews were deemed most suitable for this study based on the nature of the topic and the depth of expertise of qualified personnel in the Eastern Cape Province fresh venison industry. Consequently, four interviews were conducted with experts in the field. Using the niche marketing concept and the strategy that drives it, namely differentiation, possible niche markets were identified. A strategy of multiple niching was adopted to address the differentiation opportunities available, based on the relevant specialist roles of fresh venison. These differentiation opportunities in turn lead to competitive advantage. Possible niche target markets identified and analysed included the tourist market, travellers (foreign and local) by air and sea, the organic aware market and the pet food market. Branding was found to be an integral element for the niche marketing of venison and is also discussed. The main problems hindering fresh venison marketing in the Eastern Cape Province were found to be consumers’ lack of knowledge of venison, cultural differences and consumer preferences, lack of a formal infrastructure and control, and a lack of accurate data. These challenges need to be addressed before fresh venison can be successfully marketed in the Eastern Cape Province. Research needs to be conducted on the venison industry and formal supply chains and control channels need to be implemented before a quality product in substantial and consistent quantities can be successfully marketed to the final consumer. Consumers and industry personnel must be educated about venison and its merits, and fresh venison must initially target white tablecloth restaurants and specialised delicatessens, where service is as important as the product itself.
- Full Text:
- Date Issued: 2003
Confirmation of a slow symplasmic loading and unloading pathway in barley (Hordeum Vulgare L.) source and sink leaves
- Authors: Buwa, Lisa Valencia
- Date: 2003
- Subjects: Phloem , Plant translocation , Barley -- Metabolism
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:4253 , http://hdl.handle.net/10962/d1007804
- Description: Visualization of the transport pathway in barley (Hordeum vulgare) leaves was carried out using a combination of aniline blue and a symplasmically transported fluorochrome, 5,6 carboxyfluorescein (5,6-CF). When applied to a source leaf, basipetal movement of 5,6-CF was observed after 3 h and the fluorochrome front was observed about 3-4cm away from the point of application. The fluorochrome was taken up into the symplasm of the mesophyll and was loaded into the bundle sheath cells and then subsequently the vascular parenchyma and finally into the sieve tubes. In sink leaves, acropetal movement was observed after 3 h and the fluorochrome had moved approximately 3 cm away from the point of application. Unloading of 5,6-CF occurred from all classes of longitudinal veins. Studies on solute retrieval showed that 5,6 CF-diacetate was transferred to xylem parenchyma where it was metabolized. 5,6-CF was then transferred from the xylem parenchyma to the vascular parenchyma cells, and it would appear that thick-walled sieve tubes were the first to show 5,6-CF labeling. Counterstaining with aniline blue demonstrates the presence of plasmodesmata and this suggests a potential symplasmic pathway from the mesophyll to the sieve tubes. Application of 5,6 CF-diacetate revealed a slow symplasmic pathway, which involved transfer of 5,6-CF, which was effected via plasmodesma.
- Full Text:
- Date Issued: 2003
- Authors: Buwa, Lisa Valencia
- Date: 2003
- Subjects: Phloem , Plant translocation , Barley -- Metabolism
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:4253 , http://hdl.handle.net/10962/d1007804
- Description: Visualization of the transport pathway in barley (Hordeum vulgare) leaves was carried out using a combination of aniline blue and a symplasmically transported fluorochrome, 5,6 carboxyfluorescein (5,6-CF). When applied to a source leaf, basipetal movement of 5,6-CF was observed after 3 h and the fluorochrome front was observed about 3-4cm away from the point of application. The fluorochrome was taken up into the symplasm of the mesophyll and was loaded into the bundle sheath cells and then subsequently the vascular parenchyma and finally into the sieve tubes. In sink leaves, acropetal movement was observed after 3 h and the fluorochrome had moved approximately 3 cm away from the point of application. Unloading of 5,6-CF occurred from all classes of longitudinal veins. Studies on solute retrieval showed that 5,6 CF-diacetate was transferred to xylem parenchyma where it was metabolized. 5,6-CF was then transferred from the xylem parenchyma to the vascular parenchyma cells, and it would appear that thick-walled sieve tubes were the first to show 5,6-CF labeling. Counterstaining with aniline blue demonstrates the presence of plasmodesmata and this suggests a potential symplasmic pathway from the mesophyll to the sieve tubes. Application of 5,6 CF-diacetate revealed a slow symplasmic pathway, which involved transfer of 5,6-CF, which was effected via plasmodesma.
- Full Text:
- Date Issued: 2003
An automotive carbon dioxide air-conditioning system with heat pump
- Authors: Böttcher, Christof
- Date: 2003
- Subjects: Automobiles -- Air conditioning , Automobiles -- Heating and ventilation , Heat pumps
- Language: English
- Type: Thesis , Masters , MTech (Mechanical Engineering)
- Identifier: vital:10811 , http://hdl.handle.net/10948/206 , Automobiles -- Air conditioning , Automobiles -- Heating and ventilation , Heat pumps
- Description: The refrigerant circuits of car air-conditioning systems are fitted with so-called open type compressors, because there is only a lip seal preventing the refrigerant from leaking from the compressor housing to the atmosphere. In addition, the cycle uses damping elements between the compressor and the other components on the suction and pressure lines to reduce vibration and noise transfer from the engine to the car body. Both the lip seal and damping elements result in loss of refrigerant as they are made from elastomers and leak with age, and, under high temperature conditions inside the engine room, these elements also allow a relatively high permeation of the refrigerant gas to the atmosphere. With very high refrigerant losses in the older R12 -cooling cycles and the damage caused by this gas to the ozone layer in the stratosphere, the Montreal protocol phased out this refrigerant and the car industry was forced to revert completely to R134a until 1994/95. R134a has no ozone depletion potential, but it has a direct global warming potential, and, therefore, leakages also have to be minimised. R134a has, because of its molecular size, a high permeation potential and, hence, all the refrigerant hoses are lined internally. Unfortunately, these hoses also leak with age and significant refrigerant loss will occur [1] R134a can therefore only be viewed as a solution until an alternative refrigerant with no direct global warming potential has been developed. Candidates for new refrigerants are natural substances such as hydrocarbons or carbon dioxide [2]. Unfortunately, both substances have disadvantages and their use is restricted to special cases, for e.g. hydrocarbons are flammable and are not used in car air-conditioners, but in Germany it is used as a refrigerant in household refrigerators with hermetic cycles. What makes the implementation of carbon dioxide (CO2) difficult are the high system pressures and the low critical point [3].
- Full Text:
- Date Issued: 2003
- Authors: Böttcher, Christof
- Date: 2003
- Subjects: Automobiles -- Air conditioning , Automobiles -- Heating and ventilation , Heat pumps
- Language: English
- Type: Thesis , Masters , MTech (Mechanical Engineering)
- Identifier: vital:10811 , http://hdl.handle.net/10948/206 , Automobiles -- Air conditioning , Automobiles -- Heating and ventilation , Heat pumps
- Description: The refrigerant circuits of car air-conditioning systems are fitted with so-called open type compressors, because there is only a lip seal preventing the refrigerant from leaking from the compressor housing to the atmosphere. In addition, the cycle uses damping elements between the compressor and the other components on the suction and pressure lines to reduce vibration and noise transfer from the engine to the car body. Both the lip seal and damping elements result in loss of refrigerant as they are made from elastomers and leak with age, and, under high temperature conditions inside the engine room, these elements also allow a relatively high permeation of the refrigerant gas to the atmosphere. With very high refrigerant losses in the older R12 -cooling cycles and the damage caused by this gas to the ozone layer in the stratosphere, the Montreal protocol phased out this refrigerant and the car industry was forced to revert completely to R134a until 1994/95. R134a has no ozone depletion potential, but it has a direct global warming potential, and, therefore, leakages also have to be minimised. R134a has, because of its molecular size, a high permeation potential and, hence, all the refrigerant hoses are lined internally. Unfortunately, these hoses also leak with age and significant refrigerant loss will occur [1] R134a can therefore only be viewed as a solution until an alternative refrigerant with no direct global warming potential has been developed. Candidates for new refrigerants are natural substances such as hydrocarbons or carbon dioxide [2]. Unfortunately, both substances have disadvantages and their use is restricted to special cases, for e.g. hydrocarbons are flammable and are not used in car air-conditioners, but in Germany it is used as a refrigerant in household refrigerators with hermetic cycles. What makes the implementation of carbon dioxide (CO2) difficult are the high system pressures and the low critical point [3].
- Full Text:
- Date Issued: 2003