A comparative analysis of anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provices : a governance perspective
- Authors: Majila, Victoria Thozama
- Date: 2012
- Subjects: Political corruption -- South Africa , Misconduct in office -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:8179 , http://hdl.handle.net/10948/2117 , Political corruption -- South Africa , Misconduct in office -- South Africa
- Description: This thesis analysed and compared the effectiveness of the anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provinces. The thesis consists of six chapters. This study is based on the assumption that the struggle against corruption is best approached by developing a system of laws, institutions and supporting practices which promote integrity and make corrupt conduct a high-risk activity. It is imperative that a systemic approach is embarked upon in order to address the manner in which the major institutions and processes of the state are conquered and exploited by corrupt individuals and groups. With the magnitude in which hurdles exist that hamper the effectiveness of the country's anti-corruption legislation and anti-corruption agencies; South Africa is incapable of curbing corruption. With the purpose to determine a desired state of affairs, characteristics of effective anti-corruption agencies and anti-corruption legislation were presented. These served as a yardstick in measuring how effective such agencies and legislation are in South Africa. Reasons for failure of agencies and legislation are discussed. After discussing types of anti-corruption agencies, those that perform better than ix others were identified. Through literature review, the status quo concerning anti-corruption initiatives in South Africa was assessed. It was revealed that the level of the success of South African anti-corruption agencies and legislation has been limited. In the case of anti-corruption agencies, weaknesses such as fragmentation; insufficient coordination; poor delineation of responsibility; and assimilation of corruption work into a broader mandate were identified as major causes. Measures that are needed, such as informed citizens; a need to foster and sustain high levels of professional and ethically imbued civil servants; and legislation that supports the transition towards a corruption-free society that are needed to complement implementation of anti-corruption legislation, were also recognised. Ways of addressing such shortcomings that the writers identified are also presented. The methodology and design followed in the study are described. This is followed by the analysis and interpretation of the survey. The research findings are then presented. Based on the findings a number of recommendations that would assist in improving the effectiveness of anticorruption agencies and anti-corruption legislation are made. Flowing from the discussion of effective anti-corruption models that were identified by literature a model that would be ideal for South Africa is recommended.
- Full Text:
- Date Issued: 2012
- Authors: Majila, Victoria Thozama
- Date: 2012
- Subjects: Political corruption -- South Africa , Misconduct in office -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:8179 , http://hdl.handle.net/10948/2117 , Political corruption -- South Africa , Misconduct in office -- South Africa
- Description: This thesis analysed and compared the effectiveness of the anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provinces. The thesis consists of six chapters. This study is based on the assumption that the struggle against corruption is best approached by developing a system of laws, institutions and supporting practices which promote integrity and make corrupt conduct a high-risk activity. It is imperative that a systemic approach is embarked upon in order to address the manner in which the major institutions and processes of the state are conquered and exploited by corrupt individuals and groups. With the magnitude in which hurdles exist that hamper the effectiveness of the country's anti-corruption legislation and anti-corruption agencies; South Africa is incapable of curbing corruption. With the purpose to determine a desired state of affairs, characteristics of effective anti-corruption agencies and anti-corruption legislation were presented. These served as a yardstick in measuring how effective such agencies and legislation are in South Africa. Reasons for failure of agencies and legislation are discussed. After discussing types of anti-corruption agencies, those that perform better than ix others were identified. Through literature review, the status quo concerning anti-corruption initiatives in South Africa was assessed. It was revealed that the level of the success of South African anti-corruption agencies and legislation has been limited. In the case of anti-corruption agencies, weaknesses such as fragmentation; insufficient coordination; poor delineation of responsibility; and assimilation of corruption work into a broader mandate were identified as major causes. Measures that are needed, such as informed citizens; a need to foster and sustain high levels of professional and ethically imbued civil servants; and legislation that supports the transition towards a corruption-free society that are needed to complement implementation of anti-corruption legislation, were also recognised. Ways of addressing such shortcomings that the writers identified are also presented. The methodology and design followed in the study are described. This is followed by the analysis and interpretation of the survey. The research findings are then presented. Based on the findings a number of recommendations that would assist in improving the effectiveness of anticorruption agencies and anti-corruption legislation are made. Flowing from the discussion of effective anti-corruption models that were identified by literature a model that would be ideal for South Africa is recommended.
- Full Text:
- Date Issued: 2012
A comparative analysis of factors affecting the purchasing decisions of cleaning rag buyers in the Eastern Cape
- Authors: Shearer, David Charcles
- Date: 2012
- Subjects: Purchasing -- Decision making , Consumer behavior -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8898 , http://hdl.handle.net/10948/d1020928
- Description: The objectives of this research project were to identify and compare factors that influence the purchasing decisions of Multifibres’ customers active in each channel. Multifibres manufactures and distributes industrial cleaning rags to three channels or client categories, these being industrial resellers, industrial end-users and the walk-in customers. An extensive literature review revealed that purchasing decisions are influenced by, amongst other factors, the buyer’s role, the internal cognitive processes of the buyer, as well as factors present in the buyer’s business and external environment. An empirical study was conducted utilising in-depth interviews. The most prevalent, emergent themes that buyers attached the greatest weight to when purchasing cleaning rags were: price; quality; service; relationships; and, convenience. These factors were probed, analysed and compared, based on each buyer category’s unique set of characteristics. When motivating their purchasing preferences, resellers emphasised the importance of the business relationship and trust as being paramount, while end-users viewed price and service as the most important factors. Walk-in customers valued the combination of price and convenience as the most important reasons influencing their purchasing decisions.
- Full Text:
- Date Issued: 2012
- Authors: Shearer, David Charcles
- Date: 2012
- Subjects: Purchasing -- Decision making , Consumer behavior -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8898 , http://hdl.handle.net/10948/d1020928
- Description: The objectives of this research project were to identify and compare factors that influence the purchasing decisions of Multifibres’ customers active in each channel. Multifibres manufactures and distributes industrial cleaning rags to three channels or client categories, these being industrial resellers, industrial end-users and the walk-in customers. An extensive literature review revealed that purchasing decisions are influenced by, amongst other factors, the buyer’s role, the internal cognitive processes of the buyer, as well as factors present in the buyer’s business and external environment. An empirical study was conducted utilising in-depth interviews. The most prevalent, emergent themes that buyers attached the greatest weight to when purchasing cleaning rags were: price; quality; service; relationships; and, convenience. These factors were probed, analysed and compared, based on each buyer category’s unique set of characteristics. When motivating their purchasing preferences, resellers emphasised the importance of the business relationship and trust as being paramount, while end-users viewed price and service as the most important factors. Walk-in customers valued the combination of price and convenience as the most important reasons influencing their purchasing decisions.
- Full Text:
- Date Issued: 2012
A comparative analysis of mental illness as a defence in criminal law
- Authors: Sitole, Sizakele Elias
- Date: 2007
- Subjects: Insanity (Law) -- South Africa , Insanity defense -- South Africa , Mentally ill offenders -- South Africa , Mental health laws -- South Africa , Offenders with mental disabilities -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10265 , http://hdl.handle.net/10948/843 , Insanity (Law) -- South Africa , Insanity defense -- South Africa , Mentally ill offenders -- South Africa , Mental health laws -- South Africa , Offenders with mental disabilities -- South Africa
- Description: This dissertation deals with the comparative analysis of mental illness as a defence in criminal law. The mental illness / insanity defence is deemed applicable when the accused does not have mens rea or lacks criminal responsibility or is afflicted by the inability to appreciate the wrongfulness of his act and act accordingly, at the time of the commission of the offence due to a pathological disturbance of the mental faculties. A review of the law in South Africa, English Law and United States of America law was done with regard to their approach in connection with the matter. The legal systems of South Africa, English Law and the United States of America were compared and analyzed because English Law and United States of America are developed countries and I decided to compare their approach to insanity defence with reference to South Africa, which is a developing country. Similarities were drawn between South Africa and English Law and this could be attributed to the fact that South African law emanated from English law. This is an important research topic on comparative analysis of mental illness as a defence in criminal law. The law applicable today in South Africa in respect of the defence of mental illness is combined in the provisions of the Criminal Procedure Act 51 of 1977, which replaced the criteria as set out in the M’Naghten rules and the irresistible impulse test. In all the three countries law that were compared the burden of proof has always been on the accused to prove his case on a balance of probabilities but in South Africa the position now is he who alleges must prove because of the legislative amendments. United States of America law allows for the forcible medication with drugs of the mentally ill defendants who are charged with crimes so that they can be fit to stand trial. This is the only country in the ones that were analyzed, which practices such a barbaric and inhuman acts. In the USA , the defendant has the burden of proving the defence of insanity by clear and convincing evidence, and the finding in not guilty by reason of insanity, English law, South African law has the same finding in insanity cases. The most common diagnosis used in support of a defence of insanity continues to be schizophrenia in South Africa and in English law system. In the English law system, the Home Secretary has the power to order defendant to be detained in a hospital on the basis of reports from at least two medical practitioners that the defendant is suffering from mental illness, if the minister is of the opinion that it is in the public interest to do so. In South Africa, the accused will be detained in a psychiatric hospital or a prison pending the decision of a judge in chambers. The detention of those found not guilty by reason of insanity could be challenged under the Human Rights Act in English law because the legal definition of insanity is far wider than the medical concept of mental disorder. The Drs under English Law have to use the legal, not the medical understanding of the mental disorder. The placing of a burden of proof on the defendant may be challengeable under European Convention of Human Rights as contrary to the presumption of innocence that is protected under convention. Finally this is a controversial subject on mental illness but the position in South Africa has been clear for a long time, and I did not come across any deficiencies in our law. I submit that South African law position on mental illness is good.
- Full Text:
- Date Issued: 2007
- Authors: Sitole, Sizakele Elias
- Date: 2007
- Subjects: Insanity (Law) -- South Africa , Insanity defense -- South Africa , Mentally ill offenders -- South Africa , Mental health laws -- South Africa , Offenders with mental disabilities -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10265 , http://hdl.handle.net/10948/843 , Insanity (Law) -- South Africa , Insanity defense -- South Africa , Mentally ill offenders -- South Africa , Mental health laws -- South Africa , Offenders with mental disabilities -- South Africa
- Description: This dissertation deals with the comparative analysis of mental illness as a defence in criminal law. The mental illness / insanity defence is deemed applicable when the accused does not have mens rea or lacks criminal responsibility or is afflicted by the inability to appreciate the wrongfulness of his act and act accordingly, at the time of the commission of the offence due to a pathological disturbance of the mental faculties. A review of the law in South Africa, English Law and United States of America law was done with regard to their approach in connection with the matter. The legal systems of South Africa, English Law and the United States of America were compared and analyzed because English Law and United States of America are developed countries and I decided to compare their approach to insanity defence with reference to South Africa, which is a developing country. Similarities were drawn between South Africa and English Law and this could be attributed to the fact that South African law emanated from English law. This is an important research topic on comparative analysis of mental illness as a defence in criminal law. The law applicable today in South Africa in respect of the defence of mental illness is combined in the provisions of the Criminal Procedure Act 51 of 1977, which replaced the criteria as set out in the M’Naghten rules and the irresistible impulse test. In all the three countries law that were compared the burden of proof has always been on the accused to prove his case on a balance of probabilities but in South Africa the position now is he who alleges must prove because of the legislative amendments. United States of America law allows for the forcible medication with drugs of the mentally ill defendants who are charged with crimes so that they can be fit to stand trial. This is the only country in the ones that were analyzed, which practices such a barbaric and inhuman acts. In the USA , the defendant has the burden of proving the defence of insanity by clear and convincing evidence, and the finding in not guilty by reason of insanity, English law, South African law has the same finding in insanity cases. The most common diagnosis used in support of a defence of insanity continues to be schizophrenia in South Africa and in English law system. In the English law system, the Home Secretary has the power to order defendant to be detained in a hospital on the basis of reports from at least two medical practitioners that the defendant is suffering from mental illness, if the minister is of the opinion that it is in the public interest to do so. In South Africa, the accused will be detained in a psychiatric hospital or a prison pending the decision of a judge in chambers. The detention of those found not guilty by reason of insanity could be challenged under the Human Rights Act in English law because the legal definition of insanity is far wider than the medical concept of mental disorder. The Drs under English Law have to use the legal, not the medical understanding of the mental disorder. The placing of a burden of proof on the defendant may be challengeable under European Convention of Human Rights as contrary to the presumption of innocence that is protected under convention. Finally this is a controversial subject on mental illness but the position in South Africa has been clear for a long time, and I did not come across any deficiencies in our law. I submit that South African law position on mental illness is good.
- Full Text:
- Date Issued: 2007
A comparative analysis of the development of performers' rights in the United Kingdom and South Africa
- Authors: Wagenaar, Tanya
- Date: 2011
- Subjects: Copyright -- Performing rights -- Great Britain , Copyright -- Performing rights -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10215 , http://hdl.handle.net/10948/1442 , Copyright -- Performing rights -- Great Britain , Copyright -- Performing rights -- South Africa
- Description: Although performers have been rife for centuries, no legal regime was required for their protection owing to the fact that the nature of their performances was transitory. It was not until the invention of the phonogram in 1877, that the need to provide performers with the means to protect the unauthorised uses of their performances became an issue. The subsequent development of performers' rights has been fuelled by the rapid technological developments of the modern age which has prompted the international community to respond through various international instruments. Performers initially sought protection in terms of the Berne Convention in 1886, but it was not until the Rome Convention in 1961 that performers were first accorded international recognition. This was followed by the TRIPs Agreement in 1994 and the WPPT in 1996. This work involves an investigation into the historical development of performers' rights in the United Kingdom and South Africa. This is followed by a comparative analysis of the current state of performers' rights as between the United Kingdom and South Africa with a view to proposing recommendations for improving the level of protection accorded performers in South Africa. Arguments in favour of a regime of performers' rights as well as possible counter-arguments have been advanced. The general development of performers' rights as a related or neighbouring right to copyright is focussed on. The development of performers' rights in the United Kingdom is discussed with reference to the first English legislative form of protection, namely the Dramatic and Musical Performers' Protection Act, 1925. This Act only provided performers with criminal remedies, a view that prevailed through several subsequent enactments designed to protect performers as a result of ratification of the Rome Convention. It was not until 1988 when the decision in Rickless v United Artists Corp prompted the legislature to grant performers with enforceable civil remedies through the enactment of the Copyright, Designs and Patents Act, 1988. Several European Union Council Directives aimed at harmonising the law relating to performers' rights throughout the Union were issued, mainly in response to the TRIPS Agreement. In order to comply with these Directives, the United Kingdom passed Regulations to bring about the necessary amendments to the Copyright, Designs and Patents Act. Performers in the United Kingdom were granted moral rights in 2006 as a result of the United Kingdom's ratification of the WPPT. The development of performers' rights in South Africa has been slow when compared to that of the United Kingdom. It was not until 1967 that performers were first legally recognised in South Africa. Although South Africa has yet to ratify the Rome Convention, it was stated in South African Broadcasting Corporation v Pollecutt that the Act was clearly passed with a view to complying with the Convention. South Africa's ratification of the TRIPs Agreement brought about amendments to the Act, particularly regarding the duration of protection which was increased from 20 to 50 years. Although South Africa played an active role in the conclusion of the WPPT, it has yet to ratify it. However, amendments were made to the Act in line with this Treaty, such as the incorporation of “expressions of folklore” within the ambit of protection, and the granting of a right to receive royalties whenever a performer's performances are broadcast. This is commonly known as needletime. South Africa's reluctance to grant performers with moral rights as provided for by the Treaty is noteworthy. The introduction of needletime into South African law has resulted in a fierce debate between collecting societies (who represent authors and performers) and the NAB (who represent users of performances). Mainly as a result of this dispute, performers in South Africa have, to date, not received any royalties due to them. The protection of traditional knowledge has also received attention of late with the Intellectual Property Laws Amendment Bill, 2010 which aims to bring traditional knowledge inter alia within the ambit of the Performers' Protection Act. The current state of performers' rights in the United Kingdom and South Africa are compared in order to identify ways in which the level of protection accorded performers in South Africa could be improved. The Copyright, Designs and Patents Act is compared with the Performers' Protection Act through emphasis being placed on the definition of a “performer”; the definition of a “performance”; the nature of performers' rights; exceptions to infringement; the term of protection; the retrospectivity of the legislation; and the enforcement measures in place. Upon analysis, it was found that the Performers' Protection Act can be amended in several ways in order to increase the level of protection accorded performers in South Africa.
- Full Text:
- Date Issued: 2011
- Authors: Wagenaar, Tanya
- Date: 2011
- Subjects: Copyright -- Performing rights -- Great Britain , Copyright -- Performing rights -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10215 , http://hdl.handle.net/10948/1442 , Copyright -- Performing rights -- Great Britain , Copyright -- Performing rights -- South Africa
- Description: Although performers have been rife for centuries, no legal regime was required for their protection owing to the fact that the nature of their performances was transitory. It was not until the invention of the phonogram in 1877, that the need to provide performers with the means to protect the unauthorised uses of their performances became an issue. The subsequent development of performers' rights has been fuelled by the rapid technological developments of the modern age which has prompted the international community to respond through various international instruments. Performers initially sought protection in terms of the Berne Convention in 1886, but it was not until the Rome Convention in 1961 that performers were first accorded international recognition. This was followed by the TRIPs Agreement in 1994 and the WPPT in 1996. This work involves an investigation into the historical development of performers' rights in the United Kingdom and South Africa. This is followed by a comparative analysis of the current state of performers' rights as between the United Kingdom and South Africa with a view to proposing recommendations for improving the level of protection accorded performers in South Africa. Arguments in favour of a regime of performers' rights as well as possible counter-arguments have been advanced. The general development of performers' rights as a related or neighbouring right to copyright is focussed on. The development of performers' rights in the United Kingdom is discussed with reference to the first English legislative form of protection, namely the Dramatic and Musical Performers' Protection Act, 1925. This Act only provided performers with criminal remedies, a view that prevailed through several subsequent enactments designed to protect performers as a result of ratification of the Rome Convention. It was not until 1988 when the decision in Rickless v United Artists Corp prompted the legislature to grant performers with enforceable civil remedies through the enactment of the Copyright, Designs and Patents Act, 1988. Several European Union Council Directives aimed at harmonising the law relating to performers' rights throughout the Union were issued, mainly in response to the TRIPS Agreement. In order to comply with these Directives, the United Kingdom passed Regulations to bring about the necessary amendments to the Copyright, Designs and Patents Act. Performers in the United Kingdom were granted moral rights in 2006 as a result of the United Kingdom's ratification of the WPPT. The development of performers' rights in South Africa has been slow when compared to that of the United Kingdom. It was not until 1967 that performers were first legally recognised in South Africa. Although South Africa has yet to ratify the Rome Convention, it was stated in South African Broadcasting Corporation v Pollecutt that the Act was clearly passed with a view to complying with the Convention. South Africa's ratification of the TRIPs Agreement brought about amendments to the Act, particularly regarding the duration of protection which was increased from 20 to 50 years. Although South Africa played an active role in the conclusion of the WPPT, it has yet to ratify it. However, amendments were made to the Act in line with this Treaty, such as the incorporation of “expressions of folklore” within the ambit of protection, and the granting of a right to receive royalties whenever a performer's performances are broadcast. This is commonly known as needletime. South Africa's reluctance to grant performers with moral rights as provided for by the Treaty is noteworthy. The introduction of needletime into South African law has resulted in a fierce debate between collecting societies (who represent authors and performers) and the NAB (who represent users of performances). Mainly as a result of this dispute, performers in South Africa have, to date, not received any royalties due to them. The protection of traditional knowledge has also received attention of late with the Intellectual Property Laws Amendment Bill, 2010 which aims to bring traditional knowledge inter alia within the ambit of the Performers' Protection Act. The current state of performers' rights in the United Kingdom and South Africa are compared in order to identify ways in which the level of protection accorded performers in South Africa could be improved. The Copyright, Designs and Patents Act is compared with the Performers' Protection Act through emphasis being placed on the definition of a “performer”; the definition of a “performance”; the nature of performers' rights; exceptions to infringement; the term of protection; the retrospectivity of the legislation; and the enforcement measures in place. Upon analysis, it was found that the Performers' Protection Act can be amended in several ways in order to increase the level of protection accorded performers in South Africa.
- Full Text:
- Date Issued: 2011
A comparative analysis of the enforcement of market abuse provisions
- Authors: Chitimira, Howard
- Date: 2012
- Subjects: Corporation law -- South Africa , Insider trading in securities -- South Africa , Securities -- South Africa , Efficient market theory , Securities fraud
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10240 , http://hdl.handle.net/10948/d1015008
- Description: Market abuse practices may directly or indirectly give rise to diverse problems such as inaccurate stock market prices, low public investor confidence, reduced market integrity and poor efficiency in the affected financial markets. This thesis reveals that three major forms of market abuse, namely insider trading, prohibited trading practices (trade-based market manipulation) and the making or publication of false, misleading or deceptive statements, promises and forecasts relating to listed securities (disclosure-based market manipulation) are prohibited in South Africa. However, although South Africa has had market abuse legislation for about 30 years, and must be commended for its great effort to enhance market integrity by combating market abuse practices, the enforcement of such legislation is still problematic. Moreover, in spite of the fact that there is no empirical data or accurate figures quantifying the occurrence and extent of market abuse activities in the South African financial markets, this thesis submits that market abuse practices are still to be completely eradicated. Accordingly, this thesis suggests that the aforementioned problem might have been aggravated by inter alia, various gaps, flaws and/or inconsistent implementation and enforcement of the market abuse legislation in South Africa. To this end, the anti-market abuse enforcement framework under the Securities Services Act 36 of 2004 is analysed to investigate its adequacy. The co-operation and role of the Financial Services Board, the courts, the Directorate of Market Abuse and other relevant stakeholders is also examined and discussed. Moreover, the co-operation between the Financial Services Board and similar international agencies is discussed to gauge its effectiveness in relation to the combating of cross-border market abuse practices. The adequacy of the awareness and preventative measures in place to curb market abuse practices is also investigated to determine whether such measures are robust enough to combat other new challenges that were posed by the 2007 to 2009 global financial crisis. Furthermore, a comparative analysis is undertaken of the enforcement of the market abuse prohibition in other jurisdictions, namely the United States of America, the United Kingdom, the European Union and Australia. This was done to investigate the relevant lessons that can be learnt or adopted from these jurisdictions. The thesis further discusses the adequacy of the recently introduced provisions of the Financial Markets Bill as well as the subsequent market abuse provisions of the Financial Markets Bill 2012. The thesis highlights that the aforementioned Bills are positive attempts by the policy makers to improve the enforcement of the market abuse provisions in South Africa. Nonetheless, the thesis reveals that most of the shortcomings contained in the Securities Services Act 36 of 2004 were duplicated in the Financial Markets Bill and the Financial Markets Bill 2012. In light of this, it remains to be seen whether the market abuse provisions contained in the Financial Markets Bill and/or the Financial Markets Bill 2012 will improve the combating of market abuse practices in South Africa. Consequently, it is hoped that the relevant market abuse provisions of the Securities Services Act 36 of 2004, the Financial Markets Bill and/or the Financial Markets Bill 2012 will be comprehensively reviewed in regard to the recommendations made in this thesis. To this end, the thesis proposes a viable anti-market abuse model and policy framework and sets out both policy objectives and provisions which policy makers could use to strengthen some of the market abuse provisions in South Africa.
- Full Text:
- Date Issued: 2012
- Authors: Chitimira, Howard
- Date: 2012
- Subjects: Corporation law -- South Africa , Insider trading in securities -- South Africa , Securities -- South Africa , Efficient market theory , Securities fraud
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10240 , http://hdl.handle.net/10948/d1015008
- Description: Market abuse practices may directly or indirectly give rise to diverse problems such as inaccurate stock market prices, low public investor confidence, reduced market integrity and poor efficiency in the affected financial markets. This thesis reveals that three major forms of market abuse, namely insider trading, prohibited trading practices (trade-based market manipulation) and the making or publication of false, misleading or deceptive statements, promises and forecasts relating to listed securities (disclosure-based market manipulation) are prohibited in South Africa. However, although South Africa has had market abuse legislation for about 30 years, and must be commended for its great effort to enhance market integrity by combating market abuse practices, the enforcement of such legislation is still problematic. Moreover, in spite of the fact that there is no empirical data or accurate figures quantifying the occurrence and extent of market abuse activities in the South African financial markets, this thesis submits that market abuse practices are still to be completely eradicated. Accordingly, this thesis suggests that the aforementioned problem might have been aggravated by inter alia, various gaps, flaws and/or inconsistent implementation and enforcement of the market abuse legislation in South Africa. To this end, the anti-market abuse enforcement framework under the Securities Services Act 36 of 2004 is analysed to investigate its adequacy. The co-operation and role of the Financial Services Board, the courts, the Directorate of Market Abuse and other relevant stakeholders is also examined and discussed. Moreover, the co-operation between the Financial Services Board and similar international agencies is discussed to gauge its effectiveness in relation to the combating of cross-border market abuse practices. The adequacy of the awareness and preventative measures in place to curb market abuse practices is also investigated to determine whether such measures are robust enough to combat other new challenges that were posed by the 2007 to 2009 global financial crisis. Furthermore, a comparative analysis is undertaken of the enforcement of the market abuse prohibition in other jurisdictions, namely the United States of America, the United Kingdom, the European Union and Australia. This was done to investigate the relevant lessons that can be learnt or adopted from these jurisdictions. The thesis further discusses the adequacy of the recently introduced provisions of the Financial Markets Bill as well as the subsequent market abuse provisions of the Financial Markets Bill 2012. The thesis highlights that the aforementioned Bills are positive attempts by the policy makers to improve the enforcement of the market abuse provisions in South Africa. Nonetheless, the thesis reveals that most of the shortcomings contained in the Securities Services Act 36 of 2004 were duplicated in the Financial Markets Bill and the Financial Markets Bill 2012. In light of this, it remains to be seen whether the market abuse provisions contained in the Financial Markets Bill and/or the Financial Markets Bill 2012 will improve the combating of market abuse practices in South Africa. Consequently, it is hoped that the relevant market abuse provisions of the Securities Services Act 36 of 2004, the Financial Markets Bill and/or the Financial Markets Bill 2012 will be comprehensively reviewed in regard to the recommendations made in this thesis. To this end, the thesis proposes a viable anti-market abuse model and policy framework and sets out both policy objectives and provisions which policy makers could use to strengthen some of the market abuse provisions in South Africa.
- Full Text:
- Date Issued: 2012
A comparative analysis of the environmental impact of selected low-income housing developments in the Eastern Cape Province
- Authors: Kumm, Simon
- Date: 2007
- Subjects: Low-income housing -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8152 , http://hdl.handle.net/10948/539 , Low-income housing -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape
- Description: South Africa has a shortage of affordable housing for its poor. In order to overcome the shortage, a large number of houses need to be built. The bulk building of these houses has an effect on the environment and it is important to note whether or not this impact will be a lasting positive one or not. Governmental policies have recognised the need to create positive, sustainable settlement environments. The degree to which settlements are sustainable and reflect a positive environment is, however, a point of concern. This dissertation analyses and compares four low-income housing developments in the Eastern Cape in order to make proposals on how future low-income developments can impact more positively on their settlement environments, reduce their impact on non-renewable resources and better implement the ideals of the Development Facilitation Act. This was done in order to meet the expectations put in place by Government policies and to correct the historical shortcomings of South Africa’s low-income settlement provision. The method used was to determine, through literature study, a set of factors that most prominently impacted on low-income settlement environments. These were then compiled into a model, which was then used to analyse and compare existing settlements. This elicited a set of conclusions based on the findings and provided strategies for future settlements to follow to meet the research’s stated ideals. The literature study revealed a myriad of important principles that fell into six main categories that impacted on settlement environments. Furthermore, it was discovered that each of these principles should be assessed in the context of their human and natural environments as well as their effect at the scale of the unit, the settlement and the city. The analysis and comparison of the settlements revealed that all six of the model’s categories performed poorly in at least two of the four settlements analysed, a strong indication that the implementation of the model’s principles was not being successfully achieved in low-income settlements. It further revealed specific areas requiring attention in future developments. The analysis also revealed positive areas of implementation from each settlement that can be used in future settlements to meet the stated ideals of creating a positive impact on their settlement environments, reducing their impact on non-renewable resources and better implementing the ideals of the Development Facilitation Act. The study recommends that future settlements avoid the negative practices identified in these settlements and implement the positive strategies proposed for the benefit of future settlement environments.
- Full Text:
- Date Issued: 2007
- Authors: Kumm, Simon
- Date: 2007
- Subjects: Low-income housing -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8152 , http://hdl.handle.net/10948/539 , Low-income housing -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape
- Description: South Africa has a shortage of affordable housing for its poor. In order to overcome the shortage, a large number of houses need to be built. The bulk building of these houses has an effect on the environment and it is important to note whether or not this impact will be a lasting positive one or not. Governmental policies have recognised the need to create positive, sustainable settlement environments. The degree to which settlements are sustainable and reflect a positive environment is, however, a point of concern. This dissertation analyses and compares four low-income housing developments in the Eastern Cape in order to make proposals on how future low-income developments can impact more positively on their settlement environments, reduce their impact on non-renewable resources and better implement the ideals of the Development Facilitation Act. This was done in order to meet the expectations put in place by Government policies and to correct the historical shortcomings of South Africa’s low-income settlement provision. The method used was to determine, through literature study, a set of factors that most prominently impacted on low-income settlement environments. These were then compiled into a model, which was then used to analyse and compare existing settlements. This elicited a set of conclusions based on the findings and provided strategies for future settlements to follow to meet the research’s stated ideals. The literature study revealed a myriad of important principles that fell into six main categories that impacted on settlement environments. Furthermore, it was discovered that each of these principles should be assessed in the context of their human and natural environments as well as their effect at the scale of the unit, the settlement and the city. The analysis and comparison of the settlements revealed that all six of the model’s categories performed poorly in at least two of the four settlements analysed, a strong indication that the implementation of the model’s principles was not being successfully achieved in low-income settlements. It further revealed specific areas requiring attention in future developments. The analysis also revealed positive areas of implementation from each settlement that can be used in future settlements to meet the stated ideals of creating a positive impact on their settlement environments, reducing their impact on non-renewable resources and better implementing the ideals of the Development Facilitation Act. The study recommends that future settlements avoid the negative practices identified in these settlements and implement the positive strategies proposed for the benefit of future settlement environments.
- Full Text:
- Date Issued: 2007
A comparative analysis of the low voter turnout in 2006 and 2011 municipal elections: Lukhanji municipality
- Authors: Jakuja, Noxolo
- Date: 2015
- Subjects: Elections -- South Africa -- Eastern Cape , Voter turnout -- South Africa , Voter registration -- South Africa , South Africa -- Politics and government
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/5995 , vital:21023
- Description: The aim of this study was to conduct a comparative analysis of the low voter turnout of the 2006 and 2011 municipal elections in Lukhanji Municipality. The study came as a result of the researcher’s observations of the low voter turnout during the 2011 municipal elections across the country. Upon further investigation, it was discovered that the previous municipal election of 2006 also experienced low voter turnout. However, this was not the case with national and provincial elections, because since the first election that took place in 1994, voter turnout has been high. Lukhanji Municipality, which is the area of residence for the researcher, was no different from the rest of South Africa, when it comes to low voter turnout for the municipal elections and high voter turnout for national and provincial elections. It was noted that there has never been a detailed research study conducted in Lukhanji Municipality regarding the subject in question, and also that there is a limited amount of literature that seeks to investigate voter turnout in local elections in South Africa. The large amount of available literature focuses on voter turnout during national and provincial elections in established democracies. The literature review extensively explored the determinants of voter turnout in all levels of elections. From those tested elsewhere, it was evident that no single factor can be the cause of low voting during an election, therefore it was fundamental to investigate the causes of low voter turnout of the municipal elections with special focus on Lukhanji Municipality. It became evident from the study, that indeed various factors may have led to low voter turnout during 2006 and 2011 municipal elections in Lukhanji Municipality.
- Full Text:
- Date Issued: 2015
- Authors: Jakuja, Noxolo
- Date: 2015
- Subjects: Elections -- South Africa -- Eastern Cape , Voter turnout -- South Africa , Voter registration -- South Africa , South Africa -- Politics and government
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/5995 , vital:21023
- Description: The aim of this study was to conduct a comparative analysis of the low voter turnout of the 2006 and 2011 municipal elections in Lukhanji Municipality. The study came as a result of the researcher’s observations of the low voter turnout during the 2011 municipal elections across the country. Upon further investigation, it was discovered that the previous municipal election of 2006 also experienced low voter turnout. However, this was not the case with national and provincial elections, because since the first election that took place in 1994, voter turnout has been high. Lukhanji Municipality, which is the area of residence for the researcher, was no different from the rest of South Africa, when it comes to low voter turnout for the municipal elections and high voter turnout for national and provincial elections. It was noted that there has never been a detailed research study conducted in Lukhanji Municipality regarding the subject in question, and also that there is a limited amount of literature that seeks to investigate voter turnout in local elections in South Africa. The large amount of available literature focuses on voter turnout during national and provincial elections in established democracies. The literature review extensively explored the determinants of voter turnout in all levels of elections. From those tested elsewhere, it was evident that no single factor can be the cause of low voting during an election, therefore it was fundamental to investigate the causes of low voter turnout of the municipal elections with special focus on Lukhanji Municipality. It became evident from the study, that indeed various factors may have led to low voter turnout during 2006 and 2011 municipal elections in Lukhanji Municipality.
- Full Text:
- Date Issued: 2015
A comparative assessment of dairy calf feeding management systems at Fernwood Dairy Farm, Alexandria, Eastern Cape
- Phakwago, Potego Steward Kgaditsi
- Authors: Phakwago, Potego Steward Kgaditsi
- Date: 2014
- Subjects: Dairy cattle -- Nutrition -- Requirements , Dairy cattle -- Feeding and feeds , Cattle -- Feed utilization efficiency
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: http://hdl.handle.net/10948/48069 , vital:40468
- Description: The study compared fresh milk as group control to three different milk replacers (Blossom® Easymix, Denkavit® Milk-Bar and Surromel® Calf) and two milk supplements (Byboost Calf® and SupaCalf®) mixed with fresh milk at Fernwood Dairy Farm in Alexandria, Eastern Cape. The objectives of the study were to compare the growth rate of the calves in a trial from day two to 49 at weaning and to calculate average daily gain with the aim of comparison of the cost/weight gain ratio of each liquid feed fed. Sixty Holstein (60) heifer calves were used in a completely randomised design to calculate average daily body weight gains in the six calf groups fed six different milk feeds. Calves were fed four litres liquid feeds every day. Water and solid feeds (Olifantskop® calf starter pellets and lucerne hay) were available. Results comprise of details regarding weather conditions, weight gain results, and body stature measurements, including body weight, wither height, hip height and heart girth. Statistical analysis of the weight gain and body stature measurements was essential to determine the usefulness and reliability of the research data. Results of the statistical calculations indicated that the body weight gain data provided very useful results with statistical significant differences between the six groups (F=5.09; P=0.0008). Body stature measurements are not as reliable. Results are summarised as follows: Liquid feed Cost/kg weight gain Average daily gain • Fresh milk R 34.29 0.50 kg/day • Blossom®Easymix R39.25 0.35 kg/day • Denkavit® Milk-Bar R22.57 0.42 kg/day • Surromel® Calf R23.48 0.39 kg/day • Fresh milk + Byboost Calf® R37.46 0.47 kg/day • Fresh milk +SupaCalf® R29.76 0.62 kg/day Comparison of the cost/weight gain ratio of milk replacers and fresh milk draws the following conclusions: The cost of feeding a calf was significantly lower when milk replacers Denkavit® and Surromel® were used; however this yielded a lower average daily gain when compared with that of fresh milk. Denkavit® milk replacer had a lower cost than fresh milk in terms of the average daily gain. The cost of the Denkavit was the lowest of all the products (R22.56/kg) and was in the fourth position in weight gain (0.42kg/day). Surromel® lay in the fifth place for both cost (R23.48/kg) and weight gain (0.39 kg/day). Blossom® Easymix milk replacer had a higher cost than fresh milk. Blossom was the most costly of all the feeds (R39.25/kg) but had the lowest average daily gain (0.35 kg/day). Comparison of fresh milk plus additives to fresh milk alone: The use of SupaCalf® additive to fresh milk resulted in the highest average daily gain of 0.62 kg/day at a cost of R29.76/kg which was more cost effective than the control fresh milk group (0.50 kg/day, R34.29/kg), When using Byboost® additive the average daily gain of 0.47 kg/day at a cost of R37.46, less cost effective than fresh milk (0.50 kg/day, R34.29). Statistical analysis of body stature measurements yielded one significant result(F=3.20; p=0.0140) confirming that use of SupaCalf® additive resulted in the biggest heart girth increase at 16.90 cm and the smallest being Blossom® Easymix at 11.88 cm. Figure for the control fresh milk group was 12.86 cm. Dairy calves all over the world are fed different feeds depending on the farm owner or manager’s preference and budget. For those who have been in the industry for a while as well as the newcomers, this study can help when weighing options and deciding on which feeds to use.
- Full Text:
- Date Issued: 2014
- Authors: Phakwago, Potego Steward Kgaditsi
- Date: 2014
- Subjects: Dairy cattle -- Nutrition -- Requirements , Dairy cattle -- Feeding and feeds , Cattle -- Feed utilization efficiency
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: http://hdl.handle.net/10948/48069 , vital:40468
- Description: The study compared fresh milk as group control to three different milk replacers (Blossom® Easymix, Denkavit® Milk-Bar and Surromel® Calf) and two milk supplements (Byboost Calf® and SupaCalf®) mixed with fresh milk at Fernwood Dairy Farm in Alexandria, Eastern Cape. The objectives of the study were to compare the growth rate of the calves in a trial from day two to 49 at weaning and to calculate average daily gain with the aim of comparison of the cost/weight gain ratio of each liquid feed fed. Sixty Holstein (60) heifer calves were used in a completely randomised design to calculate average daily body weight gains in the six calf groups fed six different milk feeds. Calves were fed four litres liquid feeds every day. Water and solid feeds (Olifantskop® calf starter pellets and lucerne hay) were available. Results comprise of details regarding weather conditions, weight gain results, and body stature measurements, including body weight, wither height, hip height and heart girth. Statistical analysis of the weight gain and body stature measurements was essential to determine the usefulness and reliability of the research data. Results of the statistical calculations indicated that the body weight gain data provided very useful results with statistical significant differences between the six groups (F=5.09; P=0.0008). Body stature measurements are not as reliable. Results are summarised as follows: Liquid feed Cost/kg weight gain Average daily gain • Fresh milk R 34.29 0.50 kg/day • Blossom®Easymix R39.25 0.35 kg/day • Denkavit® Milk-Bar R22.57 0.42 kg/day • Surromel® Calf R23.48 0.39 kg/day • Fresh milk + Byboost Calf® R37.46 0.47 kg/day • Fresh milk +SupaCalf® R29.76 0.62 kg/day Comparison of the cost/weight gain ratio of milk replacers and fresh milk draws the following conclusions: The cost of feeding a calf was significantly lower when milk replacers Denkavit® and Surromel® were used; however this yielded a lower average daily gain when compared with that of fresh milk. Denkavit® milk replacer had a lower cost than fresh milk in terms of the average daily gain. The cost of the Denkavit was the lowest of all the products (R22.56/kg) and was in the fourth position in weight gain (0.42kg/day). Surromel® lay in the fifth place for both cost (R23.48/kg) and weight gain (0.39 kg/day). Blossom® Easymix milk replacer had a higher cost than fresh milk. Blossom was the most costly of all the feeds (R39.25/kg) but had the lowest average daily gain (0.35 kg/day). Comparison of fresh milk plus additives to fresh milk alone: The use of SupaCalf® additive to fresh milk resulted in the highest average daily gain of 0.62 kg/day at a cost of R29.76/kg which was more cost effective than the control fresh milk group (0.50 kg/day, R34.29/kg), When using Byboost® additive the average daily gain of 0.47 kg/day at a cost of R37.46, less cost effective than fresh milk (0.50 kg/day, R34.29). Statistical analysis of body stature measurements yielded one significant result(F=3.20; p=0.0140) confirming that use of SupaCalf® additive resulted in the biggest heart girth increase at 16.90 cm and the smallest being Blossom® Easymix at 11.88 cm. Figure for the control fresh milk group was 12.86 cm. Dairy calves all over the world are fed different feeds depending on the farm owner or manager’s preference and budget. For those who have been in the industry for a while as well as the newcomers, this study can help when weighing options and deciding on which feeds to use.
- Full Text:
- Date Issued: 2014
A comparative study of masculinity in the Twilight films and selected teen dramas
- Theodosiou, Stephanie Nicole
- Authors: Theodosiou, Stephanie Nicole
- Date: 2012
- Subjects: Masculinity in motion pictures
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8425 , http://hdl.handle.net/10948/d1019976
- Description: This research paper aims to investigate the effect mainstream cinema has on the formulation and practice of the masculine stereotype in society, thus exploring the representations of masculinity being provided to males through mainstream cinema. This paper examines the representation of masculinity with reference to cinematic depictions of male masculinity produced in the film category of Teen Drama in the 90‘s/ 2000‘s and 2010 to determine the image the media enforces, through cinema, to influence what males modeled themselves on in both the past and present. This treatise shows the effect the media had on men in the past and how present day men continue to base their individual identity, which has been dramatically influenced and stereotyped by the high standards of the media, by analyzing the movie phenomenon of the Twilight franchise (1 to 3) with reference to Clueless (Amy Heckerling, 1995), 10 Things I hate About You (Gil Junger, 1999), Bring It On (Peyton Reed, 2000), John Tucker Must Die (Betty Thomas, 2006), Easy A (Will Gluck, 2010) and I am Number Four (D.J. Caruso, 2011) featured in the 90‘s/ 2000‘s and 2010. This was carried out through qualitative semiotic research to determine the overall influence the media, particularly mainstream cinema, has on the ideals of masculinity that heterosexual males seek to attain.
- Full Text:
- Date Issued: 2012
- Authors: Theodosiou, Stephanie Nicole
- Date: 2012
- Subjects: Masculinity in motion pictures
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8425 , http://hdl.handle.net/10948/d1019976
- Description: This research paper aims to investigate the effect mainstream cinema has on the formulation and practice of the masculine stereotype in society, thus exploring the representations of masculinity being provided to males through mainstream cinema. This paper examines the representation of masculinity with reference to cinematic depictions of male masculinity produced in the film category of Teen Drama in the 90‘s/ 2000‘s and 2010 to determine the image the media enforces, through cinema, to influence what males modeled themselves on in both the past and present. This treatise shows the effect the media had on men in the past and how present day men continue to base their individual identity, which has been dramatically influenced and stereotyped by the high standards of the media, by analyzing the movie phenomenon of the Twilight franchise (1 to 3) with reference to Clueless (Amy Heckerling, 1995), 10 Things I hate About You (Gil Junger, 1999), Bring It On (Peyton Reed, 2000), John Tucker Must Die (Betty Thomas, 2006), Easy A (Will Gluck, 2010) and I am Number Four (D.J. Caruso, 2011) featured in the 90‘s/ 2000‘s and 2010. This was carried out through qualitative semiotic research to determine the overall influence the media, particularly mainstream cinema, has on the ideals of masculinity that heterosexual males seek to attain.
- Full Text:
- Date Issued: 2012
A comparative study of performance and efficiency of a tube and fin type domestic solar water heat collector
- Authors: Kleyn, Gysbert
- Date: 2015
- Subjects: Solar collectors , Solar water heaters -- Testing , Solar heating
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: http://hdl.handle.net/10948/7959 , vital:24329
- Description: The main purpose of this research project was to do a comparative study, by identifying a testing methodology for transient conditions, through which to allow the expression of the relative thermal performance of two DSWH collectors in comparison. The study started off by considering literature about Solar Domestic Water Heaters and National Standards-based test methods, most of which were for Steady State testing conditions. Thereafter establishing a testing methodology and setup, identifying factors to be considered. The results were analyzed and conclusions drawn. The hypothesis was to allow the reduction in the complexity of testing equipment and methods, and by doing transient condition testing and still utilizing the Hottel-Whillier-Bliss relationship as a way of expressing efficiency, the hypothesis was proven.
- Full Text:
- Date Issued: 2015
- Authors: Kleyn, Gysbert
- Date: 2015
- Subjects: Solar collectors , Solar water heaters -- Testing , Solar heating
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: http://hdl.handle.net/10948/7959 , vital:24329
- Description: The main purpose of this research project was to do a comparative study, by identifying a testing methodology for transient conditions, through which to allow the expression of the relative thermal performance of two DSWH collectors in comparison. The study started off by considering literature about Solar Domestic Water Heaters and National Standards-based test methods, most of which were for Steady State testing conditions. Thereafter establishing a testing methodology and setup, identifying factors to be considered. The results were analyzed and conclusions drawn. The hypothesis was to allow the reduction in the complexity of testing equipment and methods, and by doing transient condition testing and still utilizing the Hottel-Whillier-Bliss relationship as a way of expressing efficiency, the hypothesis was proven.
- Full Text:
- Date Issued: 2015
A comparative study of the comfort related properties of commercial apparel fabrics containing natural and man-made fibres
- Authors: Stoffberg, Marguerite Ester
- Date: 2013
- Subjects: Textile fabrics , Materials -- Thermal properties
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10455 , http://hdl.handle.net/10948/d1020931
- Description: The relationship between the fabric parameters, as independent variables, and the comfort related properties, as dependent variables, of commercial suiting fabrics, containing both natural and man-made fibres, have been studied. The fabric parameters measured in the study were mass, thickness, density, and air permeability. The comfort related properties, tested on a Permetest instrument, included water vapour permeability, water vapour resistance, and thermal resistance, with the moisture permeability index being derived. A total of 26 commercial suiting fabrics, covering a wide range of mass, as well as different fibre types and blends and fabric structures, was tested. The fibres covered, included wool, polyester, viscose, and cotton, while the fabric structures covered were 1x1 plain weave, 2x1 twill and 2x2 twill weave. The objectives of this study were to determine the empirical relationships between the measured fabric properties and the measured comfort related properties, and to determine the role, if any, of fibre type and fabric structure, since many claims are made in practice concerning the relative advantages, in terms of comfort, of a specific fibre type or blend, or fabric structure, over others, some of which being supported by research results. Since the fabrics covered, were commercial and were not engineered so that the different fabric parameters (independent variables) and fibre type and blend, as well as fabric structure could be varied independently of each other, the effects of the various fabric parameters on the fabric comfort related properties were determined and quantified by multiple regression analyses (multi-linear and multi-quadratic), and the best fit regression equations, and contribution of each parameter to the overall fit established. It was found that fabric thickness and fabric mass had the largest effect on the comfort related properties as measured here, fabric mass determining, to a large extent, water vapour permeability, and fabric thickness, thermal resistance. The rest of the fabric parameters included in the study had only a relatively small effect on the measured comfort related properties. The influence of fabric parameters, with particular reference to mass and thickness, on the measured comfort related properties, were much greater than that of fibre type or blend, or fabric structure. It was, therefore, concluded from this study, that the fabric parameters, as opposed to the intrinsic characteristics of a particular fibre, whether natural or man-made, largely determined those fabric comfort related properties measured here.
- Full Text:
- Date Issued: 2013
- Authors: Stoffberg, Marguerite Ester
- Date: 2013
- Subjects: Textile fabrics , Materials -- Thermal properties
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10455 , http://hdl.handle.net/10948/d1020931
- Description: The relationship between the fabric parameters, as independent variables, and the comfort related properties, as dependent variables, of commercial suiting fabrics, containing both natural and man-made fibres, have been studied. The fabric parameters measured in the study were mass, thickness, density, and air permeability. The comfort related properties, tested on a Permetest instrument, included water vapour permeability, water vapour resistance, and thermal resistance, with the moisture permeability index being derived. A total of 26 commercial suiting fabrics, covering a wide range of mass, as well as different fibre types and blends and fabric structures, was tested. The fibres covered, included wool, polyester, viscose, and cotton, while the fabric structures covered were 1x1 plain weave, 2x1 twill and 2x2 twill weave. The objectives of this study were to determine the empirical relationships between the measured fabric properties and the measured comfort related properties, and to determine the role, if any, of fibre type and fabric structure, since many claims are made in practice concerning the relative advantages, in terms of comfort, of a specific fibre type or blend, or fabric structure, over others, some of which being supported by research results. Since the fabrics covered, were commercial and were not engineered so that the different fabric parameters (independent variables) and fibre type and blend, as well as fabric structure could be varied independently of each other, the effects of the various fabric parameters on the fabric comfort related properties were determined and quantified by multiple regression analyses (multi-linear and multi-quadratic), and the best fit regression equations, and contribution of each parameter to the overall fit established. It was found that fabric thickness and fabric mass had the largest effect on the comfort related properties as measured here, fabric mass determining, to a large extent, water vapour permeability, and fabric thickness, thermal resistance. The rest of the fabric parameters included in the study had only a relatively small effect on the measured comfort related properties. The influence of fabric parameters, with particular reference to mass and thickness, on the measured comfort related properties, were much greater than that of fibre type or blend, or fabric structure. It was, therefore, concluded from this study, that the fabric parameters, as opposed to the intrinsic characteristics of a particular fibre, whether natural or man-made, largely determined those fabric comfort related properties measured here.
- Full Text:
- Date Issued: 2013
A comparative study of the language, mathematics and science literacy knowledge and skills of grade 9 learners in secondary schools in Port Elizabeth
- Authors: Arnolds, Keith Victor
- Date: 2012
- Subjects: Educational tests and measurements -- South Africa -- Port Elizabeth , Comparative education , Language and languages -- Study and teaching -- South Africa -- Port Elizabeth , Mathematics -- Study and teaching -- South Africa -- Port Elizabeth , Science -- Study and teaching -- South Africa -- Port Elizabeth , Education, Secondary -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Doctoral , DEd
- Identifier: vital:9566 , http://hdl.handle.net/10948/d1016062
- Description: In South Africa, on-going concerns surrounding the development of learners’ literacy, mathematics and science skills are evident and drive various research studies in this field. International studies and assessments, such as the Trends in International Mathematics and Science Study (TIMSS) and the Progress in International Reading Literacy Study (PIRLS) show major differences in the proficiency levels of learners in South Africa in comparison with their international counter parts. To date, however, the more comprehensive international standardised assessment called the Programme for International Student Assessment (PISA), has not been administered in South Africa. The main aim of this research study was to investigate and scientifically explore the real situation in terms of language, mathematics and science literacy knowledge and skills of Grade 9 learners in South Africa and to draw a comparison between Grade 9 learners from secondary schools in the Port Elizabeth district in South Africa and their international counterparts, using the PISA standardised international assessment. In addition, the aim of the study was to determine the actual language, mathematics and science literacy skills and knowledge acquired by participants in this study. Quantitative data collection was done by administering a modified version of the Program for International Student Assessment (PISA) to learners from eight schools in Port Elizabeth, supplemented with questionnaires completed by participating learners and school principals. Findings revealed that the South African learners sampled, ranked in the bottom percentile of participating countries in reading, mathematics and science. The study also exposed the glaring inequalities still prevalent in South African education today, 17 years into democracy. The implications point to a serious investigation into the societal and political factors responsible for the discrepancies in the South African educational system at present.
- Full Text:
- Date Issued: 2012
- Authors: Arnolds, Keith Victor
- Date: 2012
- Subjects: Educational tests and measurements -- South Africa -- Port Elizabeth , Comparative education , Language and languages -- Study and teaching -- South Africa -- Port Elizabeth , Mathematics -- Study and teaching -- South Africa -- Port Elizabeth , Science -- Study and teaching -- South Africa -- Port Elizabeth , Education, Secondary -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Doctoral , DEd
- Identifier: vital:9566 , http://hdl.handle.net/10948/d1016062
- Description: In South Africa, on-going concerns surrounding the development of learners’ literacy, mathematics and science skills are evident and drive various research studies in this field. International studies and assessments, such as the Trends in International Mathematics and Science Study (TIMSS) and the Progress in International Reading Literacy Study (PIRLS) show major differences in the proficiency levels of learners in South Africa in comparison with their international counter parts. To date, however, the more comprehensive international standardised assessment called the Programme for International Student Assessment (PISA), has not been administered in South Africa. The main aim of this research study was to investigate and scientifically explore the real situation in terms of language, mathematics and science literacy knowledge and skills of Grade 9 learners in South Africa and to draw a comparison between Grade 9 learners from secondary schools in the Port Elizabeth district in South Africa and their international counterparts, using the PISA standardised international assessment. In addition, the aim of the study was to determine the actual language, mathematics and science literacy skills and knowledge acquired by participants in this study. Quantitative data collection was done by administering a modified version of the Program for International Student Assessment (PISA) to learners from eight schools in Port Elizabeth, supplemented with questionnaires completed by participating learners and school principals. Findings revealed that the South African learners sampled, ranked in the bottom percentile of participating countries in reading, mathematics and science. The study also exposed the glaring inequalities still prevalent in South African education today, 17 years into democracy. The implications point to a serious investigation into the societal and political factors responsible for the discrepancies in the South African educational system at present.
- Full Text:
- Date Issued: 2012
A comparative study of the Ugandan and South African labour dispute resolution systems
- Authors: Ninsiima, Diana
- Subjects: Labor disputes -- Uganda , Labor disputes -- South Africa , Labor -- Law and legislation -- Uganda , Labor -- Law and legislation -- South Africa , Industrial relations -- Uganda , Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9437 , http://hdl.handle.net/10948/d1020908
- Description: The purpose of the study is to compare the dispute resolution systems of Uganda and South Africa. The historical developments of both systems were discussed so as to understand the factors that contributed to their growth or demise. From the study, it is clear to see that the Ugandan system’s development has been greatly affected with every regime change, between 1894 to the present. The developments that were tackled are closely related to various historical and political phases through which Uganda has passed and these significant periods are 1894- 1962 (pre-independence), 1962-1971 (Obote 1), 1971-1979 (Amin), 1980-1985 (Obote II), 1986- 2006 (NRM) and 2006 to the present Multi-party system. The South African system on the other hand is divided into four eras with the first one beginning from 1870 to 1948, the second era from 1948 to 1979, the third from 1979-1994 and the last era from 1994 to the present date. The South African system has been greatly influenced by the past government’s move to create a dual system of labour relations that was eventually removed. The two systems were compared using a framework created basing on literature by ILO (2013), Brand, Lotter, Mischke, & Steadman (1997) and Thompson (2010). The framework for comparison outlines the elements of a dispute resolution which include the nature of the dispute, coverage, processes, avenues and human resources. It further presents the criteria and possible indicators to evaluate the performance of the system which are legitimacy, efficiency, informality, affordability, accessibility, a full range of services, accountability and resources. The comparison highlighted the various differences between both countries. The study established differences in the nature of disputes as the Ugandan system does not differentiate between the different types of dispute unlike the South African system which differentiates them and has different avenues for their settlement, the fact that the South African system has a number of avenues to cater to the different types of disputes unlike the Ugandan system which only has one route beginning with the Labour officers and the Industrial court if unresolved. An evaluation of the performance of both systems brought to light the number of changes the Ugandan system has to undergo so as to meet the expectations of the International Labour Organisation and have an effective system. The South African system proves to be more legitimate, efficient, informal, affordable, and accessible than the Ugandan system. Further still the South African system provides a full range of services is more accountable and has enough resources when compared with the Ugandan system. Recommendations have been proposed at the end of the study, mainly for the Ugandan system as the South African system appears to be more advanced and more effective in dispute resolution by international standards. The recommendations suggested are creating an independent dispute resolution system, mass sensitisation on labour rights, accreditation of private agencies, create a separate dispute resolution system for the informal sector, proper routing of disputes, creation of an independent body to monitor the national system, encouraging the creation of more democratic workplaces, re-establish the industrial court and finally, employing and training more labour officers.
- Full Text:
- Authors: Ninsiima, Diana
- Subjects: Labor disputes -- Uganda , Labor disputes -- South Africa , Labor -- Law and legislation -- Uganda , Labor -- Law and legislation -- South Africa , Industrial relations -- Uganda , Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9437 , http://hdl.handle.net/10948/d1020908
- Description: The purpose of the study is to compare the dispute resolution systems of Uganda and South Africa. The historical developments of both systems were discussed so as to understand the factors that contributed to their growth or demise. From the study, it is clear to see that the Ugandan system’s development has been greatly affected with every regime change, between 1894 to the present. The developments that were tackled are closely related to various historical and political phases through which Uganda has passed and these significant periods are 1894- 1962 (pre-independence), 1962-1971 (Obote 1), 1971-1979 (Amin), 1980-1985 (Obote II), 1986- 2006 (NRM) and 2006 to the present Multi-party system. The South African system on the other hand is divided into four eras with the first one beginning from 1870 to 1948, the second era from 1948 to 1979, the third from 1979-1994 and the last era from 1994 to the present date. The South African system has been greatly influenced by the past government’s move to create a dual system of labour relations that was eventually removed. The two systems were compared using a framework created basing on literature by ILO (2013), Brand, Lotter, Mischke, & Steadman (1997) and Thompson (2010). The framework for comparison outlines the elements of a dispute resolution which include the nature of the dispute, coverage, processes, avenues and human resources. It further presents the criteria and possible indicators to evaluate the performance of the system which are legitimacy, efficiency, informality, affordability, accessibility, a full range of services, accountability and resources. The comparison highlighted the various differences between both countries. The study established differences in the nature of disputes as the Ugandan system does not differentiate between the different types of dispute unlike the South African system which differentiates them and has different avenues for their settlement, the fact that the South African system has a number of avenues to cater to the different types of disputes unlike the Ugandan system which only has one route beginning with the Labour officers and the Industrial court if unresolved. An evaluation of the performance of both systems brought to light the number of changes the Ugandan system has to undergo so as to meet the expectations of the International Labour Organisation and have an effective system. The South African system proves to be more legitimate, efficient, informal, affordable, and accessible than the Ugandan system. Further still the South African system provides a full range of services is more accountable and has enough resources when compared with the Ugandan system. Recommendations have been proposed at the end of the study, mainly for the Ugandan system as the South African system appears to be more advanced and more effective in dispute resolution by international standards. The recommendations suggested are creating an independent dispute resolution system, mass sensitisation on labour rights, accreditation of private agencies, create a separate dispute resolution system for the informal sector, proper routing of disputes, creation of an independent body to monitor the national system, encouraging the creation of more democratic workplaces, re-establish the industrial court and finally, employing and training more labour officers.
- Full Text:
A comparative study on the effectiveness of minimum service agreements within the public service
- Authors: De Bruin, Frederik Johannes
- Date: 2013
- Subjects: Strikes and lockouts -- Public utilities , Collective labor agreements -- Service industries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10253 , http://hdl.handle.net/10948/d1020811
- Description: The principle of the right to strike is Internationally recognised. Although the right to strike is not set out explicitly in the International Labour Organizations (ILO) Conventions and Recommendations. It has been discussed on several occasions in the International Labour Conference during the course of preparatory work on instruments dealing with related topics, but for various reasons this has never given rise to international standards (Conventions or Recommendations) directly governing the right to strike. The ILO has determined that the right to strike can be derived from the right to Freedom of Association. The ILO Committee does however recognises certain limitations on the right to strike such as not finding any objection to national legislation that would prohibit the right to strike of armed or police forces. Both the Committee on Freedom of Association and the Committee of experts were also mindful, where public servants are concerned, that the recognition of the right to association of public servants in no way prejudges the question of the right of public servants to strike. The ILO also makes provision for the establishment of essential services as to ensure the continuation of services were the interruption of such would endanger the life, personal safety or health of the whole or part of the population. In this limitation it however holds that a “minimum safety service” may be imposed to ensure the safety of persons, the prevention of accidents and the safety of machinery and equipment In our Constitution, the supreme law of the Country, the right to strike is enshrined and protected in section 23 under the bill of rights. The Constitution however allows enabling legislation, under specific circumstances, to limit a right listed in section 23. The Labour Relations Act (LRA) places a limitation on the right to strike, specifically providing that no person may take part in a strike if that person is engaged in an essential service. Because the right to strike is so important, a limitation of these kind needs to be justified and, to be justified it needs, among other things, to be limited. In section 72 of the LRA provision is made for a minimum service within a designated essential service. Therefore, the ambit of the designated essential service is shrunk to the minimum service and those employees who were denied the right to strike while the broader essential service designation was in place, but who fall outside the defined minimum service, regains the right to strike. The concept of minimum services has however became a matter of regular discussion and debate. The concept of minimum services is not defined to the letter but it is regarded as the minimum service an industry or workplace would require as to ensure interruption of services would not endanger the life, personal safety or health of the whole or part of the population. Our legislatures have also been grappling with the concept of essential and minimum services. They have developed a comprehensive set of amendments trying to address some of the concerns in the composition, powers and functions of the Essential Services Committee (ESC). It is debatable if these proposed amendments would bring forth the necessary change to address these concerns or just become a further bureaucratic hindrance and due to the extreme complexity may even pose a limitation on the right to strike. There is also no differentiation made in the current labour legislation and the proposed amendments, between the public service and the private sector in application of the principle of essential and minimum services. Implementation of these principles in the public services has shown to be extremely challenging. Part of the proposed amendments however makes provision for the specific inclusion of government in the composition of the ESC. It is viewed by the drafters, that the introduction of government nominees to be an innovation to ensure that government is adequately represented on the essential services committee in its capacity as an employer, as a high proportion of essential service matters occur within the public service. This may be viewed as contrary to International standards as the ILO makes clear provision for a differentiated interpretation of the right to freedom of association, the right to strike, essential services and minimum services for people performing functions in the name of the State (public servants). The concept of public servant varies considerably from one country to another. Germany within their governance structure makes provision for a differentiation between civil servants and public servants and the labour rights the two groups may have. In France the military, police and prison services does not have the right to strike. In India public service employees have very limited organising and collective bargaining rights. In Brazil the police and the military do not have the right to strike and there are no legal provisions concerning the right to strike for civil servants. This is in strong contrast with the South African model. The South African Constitution and National Legislation does not allow for a differentiation in the application of labour legislation in the public service and the private sector. The application of the principles of labour relations and more specifically that of the right to strike and the determination of essential services must differ in the public services from that of the private sector. The public service is unique in that when workers in strike action it is not a purely defined labour process between an employer and employees but the public at large becomes a third player within the process. When public servants engage in industrial action they do not only deprive the community of certain rights, but indirectly deprive themselves from the same rights. There has been a resistant fear to implement the provisions of minimum services within the designated essential services within the public service, mainly because of the challenges in conceptualization of the practical implementation of the same. The environment created by the LRA does not specifically provide for the unique circumstances of the public service. The right to strike is a fundamental right for workers and therefore public servants won’t forfeit such. There is a recognition that the State needs to deliver services which will necessitate the application of the principle of essential services. However the answer will be in how minimum services is determined within these essential services. An answer that may not necessarily be contained within the Labour Relations Act.
- Full Text:
- Date Issued: 2013
- Authors: De Bruin, Frederik Johannes
- Date: 2013
- Subjects: Strikes and lockouts -- Public utilities , Collective labor agreements -- Service industries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10253 , http://hdl.handle.net/10948/d1020811
- Description: The principle of the right to strike is Internationally recognised. Although the right to strike is not set out explicitly in the International Labour Organizations (ILO) Conventions and Recommendations. It has been discussed on several occasions in the International Labour Conference during the course of preparatory work on instruments dealing with related topics, but for various reasons this has never given rise to international standards (Conventions or Recommendations) directly governing the right to strike. The ILO has determined that the right to strike can be derived from the right to Freedom of Association. The ILO Committee does however recognises certain limitations on the right to strike such as not finding any objection to national legislation that would prohibit the right to strike of armed or police forces. Both the Committee on Freedom of Association and the Committee of experts were also mindful, where public servants are concerned, that the recognition of the right to association of public servants in no way prejudges the question of the right of public servants to strike. The ILO also makes provision for the establishment of essential services as to ensure the continuation of services were the interruption of such would endanger the life, personal safety or health of the whole or part of the population. In this limitation it however holds that a “minimum safety service” may be imposed to ensure the safety of persons, the prevention of accidents and the safety of machinery and equipment In our Constitution, the supreme law of the Country, the right to strike is enshrined and protected in section 23 under the bill of rights. The Constitution however allows enabling legislation, under specific circumstances, to limit a right listed in section 23. The Labour Relations Act (LRA) places a limitation on the right to strike, specifically providing that no person may take part in a strike if that person is engaged in an essential service. Because the right to strike is so important, a limitation of these kind needs to be justified and, to be justified it needs, among other things, to be limited. In section 72 of the LRA provision is made for a minimum service within a designated essential service. Therefore, the ambit of the designated essential service is shrunk to the minimum service and those employees who were denied the right to strike while the broader essential service designation was in place, but who fall outside the defined minimum service, regains the right to strike. The concept of minimum services has however became a matter of regular discussion and debate. The concept of minimum services is not defined to the letter but it is regarded as the minimum service an industry or workplace would require as to ensure interruption of services would not endanger the life, personal safety or health of the whole or part of the population. Our legislatures have also been grappling with the concept of essential and minimum services. They have developed a comprehensive set of amendments trying to address some of the concerns in the composition, powers and functions of the Essential Services Committee (ESC). It is debatable if these proposed amendments would bring forth the necessary change to address these concerns or just become a further bureaucratic hindrance and due to the extreme complexity may even pose a limitation on the right to strike. There is also no differentiation made in the current labour legislation and the proposed amendments, between the public service and the private sector in application of the principle of essential and minimum services. Implementation of these principles in the public services has shown to be extremely challenging. Part of the proposed amendments however makes provision for the specific inclusion of government in the composition of the ESC. It is viewed by the drafters, that the introduction of government nominees to be an innovation to ensure that government is adequately represented on the essential services committee in its capacity as an employer, as a high proportion of essential service matters occur within the public service. This may be viewed as contrary to International standards as the ILO makes clear provision for a differentiated interpretation of the right to freedom of association, the right to strike, essential services and minimum services for people performing functions in the name of the State (public servants). The concept of public servant varies considerably from one country to another. Germany within their governance structure makes provision for a differentiation between civil servants and public servants and the labour rights the two groups may have. In France the military, police and prison services does not have the right to strike. In India public service employees have very limited organising and collective bargaining rights. In Brazil the police and the military do not have the right to strike and there are no legal provisions concerning the right to strike for civil servants. This is in strong contrast with the South African model. The South African Constitution and National Legislation does not allow for a differentiation in the application of labour legislation in the public service and the private sector. The application of the principles of labour relations and more specifically that of the right to strike and the determination of essential services must differ in the public services from that of the private sector. The public service is unique in that when workers in strike action it is not a purely defined labour process between an employer and employees but the public at large becomes a third player within the process. When public servants engage in industrial action they do not only deprive the community of certain rights, but indirectly deprive themselves from the same rights. There has been a resistant fear to implement the provisions of minimum services within the designated essential services within the public service, mainly because of the challenges in conceptualization of the practical implementation of the same. The environment created by the LRA does not specifically provide for the unique circumstances of the public service. The right to strike is a fundamental right for workers and therefore public servants won’t forfeit such. There is a recognition that the State needs to deliver services which will necessitate the application of the principle of essential services. However the answer will be in how minimum services is determined within these essential services. An answer that may not necessarily be contained within the Labour Relations Act.
- Full Text:
- Date Issued: 2013
A comparison between the approaches to unfair discrimination in employment in South Africa and Nigeria
- Authors: Odeyemi, Hannah Olubunmi
- Date: 2012
- Subjects: Discrimination in employment -- Law and legislation -- South Africa , Discrimination in employment -- Law and legislation -- Nigeria , Unfair labor practices -- South Africa , Unfair labor practices -- Nigeria
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10270 , http://hdl.handle.net/10948/d1012054 , Discrimination in employment -- Law and legislation -- South Africa , Discrimination in employment -- Law and legislation -- Nigeria , Unfair labor practices -- South Africa , Unfair labor practices -- Nigeria
- Description: Issues concerning employment are some of the most serious issues of our time. But it is in the last two decades or so that these started receiving consideration. For instance, South Africa has experienced changes in the landscape of employment relations in organisations in the last decades. And no area of South Africa law is more critical than the prohibition of unfair discrimination, especially in the workpalce. The enactment of the Constitution brought about the need to eradicate unfair discrimination in the workpalce. Section 9 of the Constitution states that no person may unfairly discriminate directly or indirectly against anyone and that national legislation must be enacted to prevent or prohibit unfair discrimination. To enforce this, certain legislations like the Labour Law Act, Employment Act, Promotion of Equality and Prohibition of Unfair Discrimination Act (Equality Act), were enacted to give effect to the equality provision of the Constitution. In a similar vein, in Nigeria, workplace discrimination which is at the top of human rights violation perpetrated by employers of labour is of paramount concern to legislators and the government. Sex , age, ethinicty, religion, trade union membership and political opinion are some of the grounds upon which workers may not be discriminated against in Nigeria. Section 17 of the Constitution states that the State social order is founded on the ideals of freedom, equality and justice. It goes on to provide that every citizen shall have equality of rights, obligations and opportunities before the law. More specifically, the section stipilates that the State shall ensure that all citizens, without discrimination of any group whatsoever, have the opportunity of livehood as well as adequate opportunity to secure suitable employment and that there is equal pay for equal work without discrimination on account of sex, or any ground. Hence, there are The Nigerian Labour Act, the Federal Character Commission, etc that are saddled with the responsibility of addressing unfair discrimination and giving force to the provision of the Constitution. Despite the anti-discrimination laws and provisions made available in both countries, it is still alarming to see that unfair discrimination in the workplace is still on the increase. This, as will be discussed later, is probably due to factors such as lack of communication, long-stading patterns of educational inequalities that have resulted in inequalities in manpower, differences in drive, motivation, cultural disposition and geographical opportunities, racial difference and ethnicity, domination of one group by the other, etc. This research will briefly focus on the comparison between the approaches to unfair discrimination in employment between South Africa and Nigeria. It will discuss the development of unfair discrimination, grounds on which it is perpetrated, defences relating to unfair discrimination, and anti-discrimination laws put in place by the two jurisdictions to curb discrimination, as well as suggest on how to forestall unfair discrimination.
- Full Text:
- Date Issued: 2012
- Authors: Odeyemi, Hannah Olubunmi
- Date: 2012
- Subjects: Discrimination in employment -- Law and legislation -- South Africa , Discrimination in employment -- Law and legislation -- Nigeria , Unfair labor practices -- South Africa , Unfair labor practices -- Nigeria
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10270 , http://hdl.handle.net/10948/d1012054 , Discrimination in employment -- Law and legislation -- South Africa , Discrimination in employment -- Law and legislation -- Nigeria , Unfair labor practices -- South Africa , Unfair labor practices -- Nigeria
- Description: Issues concerning employment are some of the most serious issues of our time. But it is in the last two decades or so that these started receiving consideration. For instance, South Africa has experienced changes in the landscape of employment relations in organisations in the last decades. And no area of South Africa law is more critical than the prohibition of unfair discrimination, especially in the workpalce. The enactment of the Constitution brought about the need to eradicate unfair discrimination in the workpalce. Section 9 of the Constitution states that no person may unfairly discriminate directly or indirectly against anyone and that national legislation must be enacted to prevent or prohibit unfair discrimination. To enforce this, certain legislations like the Labour Law Act, Employment Act, Promotion of Equality and Prohibition of Unfair Discrimination Act (Equality Act), were enacted to give effect to the equality provision of the Constitution. In a similar vein, in Nigeria, workplace discrimination which is at the top of human rights violation perpetrated by employers of labour is of paramount concern to legislators and the government. Sex , age, ethinicty, religion, trade union membership and political opinion are some of the grounds upon which workers may not be discriminated against in Nigeria. Section 17 of the Constitution states that the State social order is founded on the ideals of freedom, equality and justice. It goes on to provide that every citizen shall have equality of rights, obligations and opportunities before the law. More specifically, the section stipilates that the State shall ensure that all citizens, without discrimination of any group whatsoever, have the opportunity of livehood as well as adequate opportunity to secure suitable employment and that there is equal pay for equal work without discrimination on account of sex, or any ground. Hence, there are The Nigerian Labour Act, the Federal Character Commission, etc that are saddled with the responsibility of addressing unfair discrimination and giving force to the provision of the Constitution. Despite the anti-discrimination laws and provisions made available in both countries, it is still alarming to see that unfair discrimination in the workplace is still on the increase. This, as will be discussed later, is probably due to factors such as lack of communication, long-stading patterns of educational inequalities that have resulted in inequalities in manpower, differences in drive, motivation, cultural disposition and geographical opportunities, racial difference and ethnicity, domination of one group by the other, etc. This research will briefly focus on the comparison between the approaches to unfair discrimination in employment between South Africa and Nigeria. It will discuss the development of unfair discrimination, grounds on which it is perpetrated, defences relating to unfair discrimination, and anti-discrimination laws put in place by the two jurisdictions to curb discrimination, as well as suggest on how to forestall unfair discrimination.
- Full Text:
- Date Issued: 2012
A comparison between the game and hunting industries in KwaZulu-Natal and the Eastern Cape
- Authors: Kobus, Louann
- Date: 2007
- Subjects: Big game hunting -- South Africa -- KwaZulu-Natal , Big game hunting -- South Africa -- Eastern Cape , Hunting -- South Africa -- KwaZulu-Natal , Hunting -- South Africa -- Eastern Cape , Game farms -- South Africa -- KwaZulu-Natal , Game farms -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10590 , http://hdl.handle.net/10948/534 , http://hdl.handle.net/10948/d1011724 , Big game hunting -- South Africa -- KwaZulu-Natal , Big game hunting -- South Africa -- Eastern Cape , Hunting -- South Africa -- KwaZulu-Natal , Hunting -- South Africa -- Eastern Cape , Game farms -- South Africa -- KwaZulu-Natal , Game farms -- South Africa -- Eastern Cape
- Description: The objectives of this research, were to investigate the characteristics and develop a profile of the game and hunting industries of KwaZulu-Natal, and to undertake a comparison between the game and hunting industries in KwaZulu-Natal and the Eastern Cape. The comparative part of this study was completed using results obtained from a study done in 2002 in the Eastern Cape (van Niekerk, 2002). The main farming activities in KwaZulu-Natal are large livestock production and sugar cane production. In recent years, private landowners in KwaZulu-Natal have undergone a transition from livestock production to game ranching due to the problems faced and the cost implications of the HIV epidemic, stock theft, difficulties faced with changes in the labour laws and the increasing number of land claims against farmers. Although the game and hunting industries are relatively young industries in KwaZulu-Natal they contribute significantly to the economy of the province. Not only is greater conservation of the biodiversity more effective in game ranching but it is also proving to yield great economic returns. The increase in game ranching in recent years is namely due to the monetary value placed on wildlife, the increased value in ecotourism and its value as an earner of foreign exchange, less dependency on unskilled labour than that of livestock farming and lower rates of animal loss through theft compared to that of livestock farming. In KwaZulu-Natal game numbers indicate that impala have the greatest population amongst the respondents, followed by nyala, blesbok, common reedbuck, kudu and blue wildebeest, whilst other game species occur in smaller numbers. Respondents in KwaZulu-Natal indicate that nyala is the largest economic earner for them followed by buffalo, whereas in the Eastern Cape (2002), kudu and springbok provide the greatest income for the province. In KwaZulu-Natal income generated from hunting is second to that of live game sales compared to the Eastern Cape (2002) where hunting is the most important form of game utilisation in terms of income generated. At the time of this study, respondents in KwaZulu-Natal reported an income of R 15 382 397 generated from live sales and R 13 561 459 from hunting. These respondents also indicated that the total value of game utilised annually was in excess of R 30 million. Although game utilisation is occurring on a sustainable basis, there is room for greater utilisation of some game species which, if undertaken correctly, can increase the revenue for the province significantly and also contribute positively to further sustainability of the game populations. KwaZulu-Natal’s competitive advantage is derived from the fact that there is an abundance of game on the ranches, quality trophy animals are available, the number of game species available for hunting and quality of service rendered to hunters by the professional hunters and ranch owners. This study has clearly shown that there is a need for further investigation into the game and hunting industries in KwaZulu-Natal.
- Full Text:
- Date Issued: 2007
- Authors: Kobus, Louann
- Date: 2007
- Subjects: Big game hunting -- South Africa -- KwaZulu-Natal , Big game hunting -- South Africa -- Eastern Cape , Hunting -- South Africa -- KwaZulu-Natal , Hunting -- South Africa -- Eastern Cape , Game farms -- South Africa -- KwaZulu-Natal , Game farms -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10590 , http://hdl.handle.net/10948/534 , http://hdl.handle.net/10948/d1011724 , Big game hunting -- South Africa -- KwaZulu-Natal , Big game hunting -- South Africa -- Eastern Cape , Hunting -- South Africa -- KwaZulu-Natal , Hunting -- South Africa -- Eastern Cape , Game farms -- South Africa -- KwaZulu-Natal , Game farms -- South Africa -- Eastern Cape
- Description: The objectives of this research, were to investigate the characteristics and develop a profile of the game and hunting industries of KwaZulu-Natal, and to undertake a comparison between the game and hunting industries in KwaZulu-Natal and the Eastern Cape. The comparative part of this study was completed using results obtained from a study done in 2002 in the Eastern Cape (van Niekerk, 2002). The main farming activities in KwaZulu-Natal are large livestock production and sugar cane production. In recent years, private landowners in KwaZulu-Natal have undergone a transition from livestock production to game ranching due to the problems faced and the cost implications of the HIV epidemic, stock theft, difficulties faced with changes in the labour laws and the increasing number of land claims against farmers. Although the game and hunting industries are relatively young industries in KwaZulu-Natal they contribute significantly to the economy of the province. Not only is greater conservation of the biodiversity more effective in game ranching but it is also proving to yield great economic returns. The increase in game ranching in recent years is namely due to the monetary value placed on wildlife, the increased value in ecotourism and its value as an earner of foreign exchange, less dependency on unskilled labour than that of livestock farming and lower rates of animal loss through theft compared to that of livestock farming. In KwaZulu-Natal game numbers indicate that impala have the greatest population amongst the respondents, followed by nyala, blesbok, common reedbuck, kudu and blue wildebeest, whilst other game species occur in smaller numbers. Respondents in KwaZulu-Natal indicate that nyala is the largest economic earner for them followed by buffalo, whereas in the Eastern Cape (2002), kudu and springbok provide the greatest income for the province. In KwaZulu-Natal income generated from hunting is second to that of live game sales compared to the Eastern Cape (2002) where hunting is the most important form of game utilisation in terms of income generated. At the time of this study, respondents in KwaZulu-Natal reported an income of R 15 382 397 generated from live sales and R 13 561 459 from hunting. These respondents also indicated that the total value of game utilised annually was in excess of R 30 million. Although game utilisation is occurring on a sustainable basis, there is room for greater utilisation of some game species which, if undertaken correctly, can increase the revenue for the province significantly and also contribute positively to further sustainability of the game populations. KwaZulu-Natal’s competitive advantage is derived from the fact that there is an abundance of game on the ranches, quality trophy animals are available, the number of game species available for hunting and quality of service rendered to hunters by the professional hunters and ranch owners. This study has clearly shown that there is a need for further investigation into the game and hunting industries in KwaZulu-Natal.
- Full Text:
- Date Issued: 2007
A comparison between the South African and Kenyan labour law systems
- Authors: Munuve, Lilian Kasyoka
- Date: 2008
- Subjects: Labor laws and legislation -- South Africa , Labor laws and legislation -- Kenya , Labor law -- South Africa , Labor law -- Kenya
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10205 , http://hdl.handle.net/10948/752 , Labor laws and legislation -- South Africa , Labor laws and legislation -- Kenya , Labor law -- South Africa , Labor law -- Kenya
- Description: Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
- Full Text:
- Date Issued: 2008
- Authors: Munuve, Lilian Kasyoka
- Date: 2008
- Subjects: Labor laws and legislation -- South Africa , Labor laws and legislation -- Kenya , Labor law -- South Africa , Labor law -- Kenya
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10205 , http://hdl.handle.net/10948/752 , Labor laws and legislation -- South Africa , Labor laws and legislation -- Kenya , Labor law -- South Africa , Labor law -- Kenya
- Description: Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
- Full Text:
- Date Issued: 2008
A comparison between the written English of deaf and hearing children in the Nelson Mandela Metropole
- Authors: Weir, Carolyn Louise
- Date: 2010
- Subjects: Deaf children -- Education -- South Africa , English language -- Written English
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8361 , http://hdl.handle.net/10948/1083 , Deaf children -- Education -- South Africa , English language -- Written English
- Description: The main purposes of this thesis are to investigate the difference between the written English of deaf children and the written English of hearing children and to make recommendations on how to improve the writing of deaf children. In order to achieve this goal, both quantitative and qualitative research was done. The comparison of the writing of deaf and hearing children relies on quantitative research while the recommendations are based on qualitative analysis. The dissertation is divided into seven chapters. The first chapter discusses the problem, the significance of the research, the purpose of the study, the background to the problem and the theoretical framework. This chapter indicates the prevalence of deafness worldwide and in South Africa and its negative impact on the writing abilities of children. The second chapter provides a literature review on the theory behind reading and writing, with specific emphasis on emergent literacy and its relevance to the language acquisition and print language learning of deaf children. Another aspect of this chapter is the effect of different aspects of deafness on language acquisition and learning. The chapter also highlights the challenges for deaf children in South Africa and debates regarding the language of instruction that should be used to teach deaf children writing/reading, as well as arguments concerning bottom-up, top-down, and interactive approaches to writing. The third chapter provides the overall philosophical framework for the quantitative and qualitative research as well as the methodology used for the qualitative research. This is followed by the results of the quantitative research and a discussion of these results in Chapter 4. The fifth chapter is in the form of a second literature review that contains recommendations for improving the writing of deaf children. Following this, in Chapter 6, is a discussion of some of the theory behind interview interaction, as well as an analysis of how to develop a valid study. The researcher also sets out the interview structure. The seventh chapter contains a discussion of the findings of the interview to see if they confirm the findings in Chapter 5, as well as overall conclusions about assisting deaf children with their writing, a reflection on the study as a whole and suggestions for future research. This study argues that in order for deaf children in South Africa to develop their writing, immediate government assistance is necessary in order to implement countrywide newborn hearing screening, followed by medical and/or language-based ii intervention to minimise the impact of deafness on the language and writing abilities of deaf children. This is an essential foundation from which parents and teachers can build and play a key role in helping their children reach age-appropriate levels of written English.
- Full Text:
- Date Issued: 2010
- Authors: Weir, Carolyn Louise
- Date: 2010
- Subjects: Deaf children -- Education -- South Africa , English language -- Written English
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8361 , http://hdl.handle.net/10948/1083 , Deaf children -- Education -- South Africa , English language -- Written English
- Description: The main purposes of this thesis are to investigate the difference between the written English of deaf children and the written English of hearing children and to make recommendations on how to improve the writing of deaf children. In order to achieve this goal, both quantitative and qualitative research was done. The comparison of the writing of deaf and hearing children relies on quantitative research while the recommendations are based on qualitative analysis. The dissertation is divided into seven chapters. The first chapter discusses the problem, the significance of the research, the purpose of the study, the background to the problem and the theoretical framework. This chapter indicates the prevalence of deafness worldwide and in South Africa and its negative impact on the writing abilities of children. The second chapter provides a literature review on the theory behind reading and writing, with specific emphasis on emergent literacy and its relevance to the language acquisition and print language learning of deaf children. Another aspect of this chapter is the effect of different aspects of deafness on language acquisition and learning. The chapter also highlights the challenges for deaf children in South Africa and debates regarding the language of instruction that should be used to teach deaf children writing/reading, as well as arguments concerning bottom-up, top-down, and interactive approaches to writing. The third chapter provides the overall philosophical framework for the quantitative and qualitative research as well as the methodology used for the qualitative research. This is followed by the results of the quantitative research and a discussion of these results in Chapter 4. The fifth chapter is in the form of a second literature review that contains recommendations for improving the writing of deaf children. Following this, in Chapter 6, is a discussion of some of the theory behind interview interaction, as well as an analysis of how to develop a valid study. The researcher also sets out the interview structure. The seventh chapter contains a discussion of the findings of the interview to see if they confirm the findings in Chapter 5, as well as overall conclusions about assisting deaf children with their writing, a reflection on the study as a whole and suggestions for future research. This study argues that in order for deaf children in South Africa to develop their writing, immediate government assistance is necessary in order to implement countrywide newborn hearing screening, followed by medical and/or language-based ii intervention to minimise the impact of deafness on the language and writing abilities of deaf children. This is an essential foundation from which parents and teachers can build and play a key role in helping their children reach age-appropriate levels of written English.
- Full Text:
- Date Issued: 2010
A comparison framework for server virtualisation systems a case study
- Authors: Van Tonder, Martin Stephen
- Date: 2006
- Subjects: Virtual computer systems -- South Africa Case studies , Virtual storage (Computer science) -- South Africa Case studies
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10481 , http://hdl.handle.net/10948/439 , http://hdl.handle.net/10948/d1012009 , Virtual computer systems -- South Africa Case studies , Virtual storage (Computer science) -- South Africa Case studies
- Description: Recent years have seen a revival of interest in virtualisation research. Although this term has been used to refer to various systems, the focus of this research is on systems which partition a single physical server into multiple virtual servers. It is difficult for researchers and practitioners to get a clear picture of the state of the art in server virtualisation. This is due in part to the large number of systems available. Another reason is that information about virtualisation systems lacks structure, and is dispersed among multiple sources. Practitioners, such as data centre managers and systems administrators, may be familiar with virtualisation systems from a specific vendor, but generally lack a broader view of the field. This makes it difficult to make informed decisions when selecting these systems. Researchers and vendors who are developing virtualisation systems also lack a standard framework for identifying the strengths and weaknesses of their systems, compared to competing systems. It is also time-consuming for researchers who are new to the field to learn about current virtualisation systems. The purpose of this research was to develop a framework to solve these problems. The objectives of the research correspond to the applications of the framework. These include conducting comparative evaluations of server virtualisation systems, identifying strengths and weaknesses of particular virtualisation systems, specifying virtualisation system requirements to facilitate system selection, and gathering information about current virtualisation systems in a structured form. These four objectives were satisfied. The design of this framework was also guided by six framework design principles. These principles, or secondary objectives, were also met. The framework was developed based on an extensive literature study of data centres, virtualisation and current virtualisation systems. Criteria were selected through an inductive process. The feasibility of conducting evaluations using the framework was demonstrated by means of literature-based evaluations, and a practical case study. The use of the framework to facilitate virtualisation system selection was also demonstrated by means of a case study featuring the NMMU Telkom CoE data centre. This framework has a number of practical applications, ranging from the facilitation of decision-making to identifying areas for improvement in current virtualisation systems. The information resulting from evaluations using the framework is also a valuable resource for researchers who are new to the field. The literature study which forms the theoretical foundation of this work is particularly useful in this regard. A future extension to this work would be to develop a decision support system based on the framework. Another possibility is to make the framework, and evaluations, available on-line as a resource for data center managers, vendors and researchers. This would also enable other researchers to provide additional feedback, enabling the framework to be further refined
- Full Text:
- Date Issued: 2006
- Authors: Van Tonder, Martin Stephen
- Date: 2006
- Subjects: Virtual computer systems -- South Africa Case studies , Virtual storage (Computer science) -- South Africa Case studies
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10481 , http://hdl.handle.net/10948/439 , http://hdl.handle.net/10948/d1012009 , Virtual computer systems -- South Africa Case studies , Virtual storage (Computer science) -- South Africa Case studies
- Description: Recent years have seen a revival of interest in virtualisation research. Although this term has been used to refer to various systems, the focus of this research is on systems which partition a single physical server into multiple virtual servers. It is difficult for researchers and practitioners to get a clear picture of the state of the art in server virtualisation. This is due in part to the large number of systems available. Another reason is that information about virtualisation systems lacks structure, and is dispersed among multiple sources. Practitioners, such as data centre managers and systems administrators, may be familiar with virtualisation systems from a specific vendor, but generally lack a broader view of the field. This makes it difficult to make informed decisions when selecting these systems. Researchers and vendors who are developing virtualisation systems also lack a standard framework for identifying the strengths and weaknesses of their systems, compared to competing systems. It is also time-consuming for researchers who are new to the field to learn about current virtualisation systems. The purpose of this research was to develop a framework to solve these problems. The objectives of the research correspond to the applications of the framework. These include conducting comparative evaluations of server virtualisation systems, identifying strengths and weaknesses of particular virtualisation systems, specifying virtualisation system requirements to facilitate system selection, and gathering information about current virtualisation systems in a structured form. These four objectives were satisfied. The design of this framework was also guided by six framework design principles. These principles, or secondary objectives, were also met. The framework was developed based on an extensive literature study of data centres, virtualisation and current virtualisation systems. Criteria were selected through an inductive process. The feasibility of conducting evaluations using the framework was demonstrated by means of literature-based evaluations, and a practical case study. The use of the framework to facilitate virtualisation system selection was also demonstrated by means of a case study featuring the NMMU Telkom CoE data centre. This framework has a number of practical applications, ranging from the facilitation of decision-making to identifying areas for improvement in current virtualisation systems. The information resulting from evaluations using the framework is also a valuable resource for researchers who are new to the field. The literature study which forms the theoretical foundation of this work is particularly useful in this regard. A future extension to this work would be to develop a decision support system based on the framework. Another possibility is to make the framework, and evaluations, available on-line as a resource for data center managers, vendors and researchers. This would also enable other researchers to provide additional feedback, enabling the framework to be further refined
- Full Text:
- Date Issued: 2006
A comparison of extrinsic and intrinsic motivators between Germany and South Africa
- Authors: Giesser, Anne
- Date: 2014
- Subjects: Motivation (Psychology) , Employee motivation , Cultural relations
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9417 , http://hdl.handle.net/10948/d1021063
- Description: This thesis explored different perceptions of extrinsic and intrinsic motivation in an intercultural context. The main objective of this study was to investigate similarities and differences concerning extrinsic and intrinsic motivation in the workplace between the German and the South African culture by examining individuals with working experience and tertiary education. It provides background information about motivation and a historical overview of previous and current motivational theories as well as cultural influences and differences. In addition, regarding the two cultures the researcher aimed to investigate similarities and differences between other demographics such as gender, age and income. The literature review provides information about extrinsic and intrinsic motivation retrieved from previous research and puts it into an intercultural context. The researcher conducted a quantitative, exploratory study. The data was gathered using an existing research instrument, which was distributed online. The sample comprised 374 respondents. This sample was conducted by a combination of quota and snowball sampling. The obtained data is evaluated and presented in text and table form. The results revealed preferences for intrinsic motivators for the whole sample and higher motivation for the South African part of the sample. Demographic characteristics played a minor role.
- Full Text:
- Date Issued: 2014
- Authors: Giesser, Anne
- Date: 2014
- Subjects: Motivation (Psychology) , Employee motivation , Cultural relations
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9417 , http://hdl.handle.net/10948/d1021063
- Description: This thesis explored different perceptions of extrinsic and intrinsic motivation in an intercultural context. The main objective of this study was to investigate similarities and differences concerning extrinsic and intrinsic motivation in the workplace between the German and the South African culture by examining individuals with working experience and tertiary education. It provides background information about motivation and a historical overview of previous and current motivational theories as well as cultural influences and differences. In addition, regarding the two cultures the researcher aimed to investigate similarities and differences between other demographics such as gender, age and income. The literature review provides information about extrinsic and intrinsic motivation retrieved from previous research and puts it into an intercultural context. The researcher conducted a quantitative, exploratory study. The data was gathered using an existing research instrument, which was distributed online. The sample comprised 374 respondents. This sample was conducted by a combination of quota and snowball sampling. The obtained data is evaluated and presented in text and table form. The results revealed preferences for intrinsic motivators for the whole sample and higher motivation for the South African part of the sample. Demographic characteristics played a minor role.
- Full Text:
- Date Issued: 2014