Postpartum depression as defence against criminal liability
- Crafford, Krisascha, David, Desiree
- Authors: Crafford, Krisascha , David, Desiree
- Date: 2018
- Subjects: Postpartum depression -- South Africa , Mothers -- Mental health -- South Africa Female offenders -- South Africa Feminist criminology
- Language: English
- Type: Thesis , Masters , LLM`
- Identifier: http://hdl.handle.net/10948/38648 , vital:34863
- Description: The dissertation addresses the phenomenon of postpartum depression (and especially its most severe form of postpartum psychosis) against the backdrop of the defense of pathological criminal incapacity (the defense of mental illness, also known as insanity defense) the submission is made that, in the instance where a mother with postpartum depression, and especially postpartum psychosis causes the death of her infant or child such an accused could raise the defense of mental illness. This is due to the impact of the affliction on her mental facilities caused by the condition she was suffering from at the time of causing the death of her infant or child, such condition could render her incapable of distinguishing between right and wrong to act in accordance with such appreciation. If she can prove this, she cannot be held criminally liable for her actions, due to the absence of the required means rea element.
- Full Text:
- Date Issued: 2018
- Authors: Crafford, Krisascha , David, Desiree
- Date: 2018
- Subjects: Postpartum depression -- South Africa , Mothers -- Mental health -- South Africa Female offenders -- South Africa Feminist criminology
- Language: English
- Type: Thesis , Masters , LLM`
- Identifier: http://hdl.handle.net/10948/38648 , vital:34863
- Description: The dissertation addresses the phenomenon of postpartum depression (and especially its most severe form of postpartum psychosis) against the backdrop of the defense of pathological criminal incapacity (the defense of mental illness, also known as insanity defense) the submission is made that, in the instance where a mother with postpartum depression, and especially postpartum psychosis causes the death of her infant or child such an accused could raise the defense of mental illness. This is due to the impact of the affliction on her mental facilities caused by the condition she was suffering from at the time of causing the death of her infant or child, such condition could render her incapable of distinguishing between right and wrong to act in accordance with such appreciation. If she can prove this, she cannot be held criminally liable for her actions, due to the absence of the required means rea element.
- Full Text:
- Date Issued: 2018
Non-renewal of a fixed-term employment contract
- Authors: Timothy, Lester Clement
- Date: 2006
- Subjects: Fixed-term labor contracts -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10209 , http://hdl.handle.net/10948/431 , Fixed-term labor contracts -- South Africa , Labor laws and legislation -- South Africa
- Description: In terms of the common law contract of employment an employee who is a party to a fixed term contract, unlike an indefinite period contract, cannot be dismissed. The contract terminates upon an agreed or ascertainable date determined by the parties and the conclusion of the contract. Section 186(1)(b) of the Labour Relations Act 1995, however, defines the failure to renew a fixed term contract on the same or similar terms where the employee reasonably expected the contract to be renewed, as a dismissal. In this treatise the scope and content of this provision is considered with reference to relevant case law. The factors and considerations that establish a reasonable expectation are highlighted and considered. The question as to whether or not this provision also provides for the situation where an employee expects indefinite employment is also considered and critically discussed. The author concludes that the provision should not be interpreted in such a manner that an expectation of permanent employment is created.
- Full Text:
- Date Issued: 2006
- Authors: Timothy, Lester Clement
- Date: 2006
- Subjects: Fixed-term labor contracts -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10209 , http://hdl.handle.net/10948/431 , Fixed-term labor contracts -- South Africa , Labor laws and legislation -- South Africa
- Description: In terms of the common law contract of employment an employee who is a party to a fixed term contract, unlike an indefinite period contract, cannot be dismissed. The contract terminates upon an agreed or ascertainable date determined by the parties and the conclusion of the contract. Section 186(1)(b) of the Labour Relations Act 1995, however, defines the failure to renew a fixed term contract on the same or similar terms where the employee reasonably expected the contract to be renewed, as a dismissal. In this treatise the scope and content of this provision is considered with reference to relevant case law. The factors and considerations that establish a reasonable expectation are highlighted and considered. The question as to whether or not this provision also provides for the situation where an employee expects indefinite employment is also considered and critically discussed. The author concludes that the provision should not be interpreted in such a manner that an expectation of permanent employment is created.
- Full Text:
- Date Issued: 2006
Legislating business rescue in South Africa: a critical evaluation
- Authors: Darko-Mamphey, Dorothy
- Date: 2014
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11121 , http://hdl.handle.net/10353/d1015244
- Description: Social, political and economic changes in post-apartheid South Africa have generated the need for a major reform of the legislative regime governing companies in order to ensure that that regime is capable of addressing the challenges faced in domestic and international circles, and to also meet the demands of globalisation. 1 These developments include the change in culture from company liquidations to commercial renewal which caused the Department of Trade and Industry (DTI) to embark on drastic reforms of South Africa’s business rescue mechanism as part of the broader company law reform project. 2 The domestic and global environments have indeed changed drastically with corporate structures showing significant evolution.
- Full Text:
- Date Issued: 2014
- Authors: Darko-Mamphey, Dorothy
- Date: 2014
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11121 , http://hdl.handle.net/10353/d1015244
- Description: Social, political and economic changes in post-apartheid South Africa have generated the need for a major reform of the legislative regime governing companies in order to ensure that that regime is capable of addressing the challenges faced in domestic and international circles, and to also meet the demands of globalisation. 1 These developments include the change in culture from company liquidations to commercial renewal which caused the Department of Trade and Industry (DTI) to embark on drastic reforms of South Africa’s business rescue mechanism as part of the broader company law reform project. 2 The domestic and global environments have indeed changed drastically with corporate structures showing significant evolution.
- Full Text:
- Date Issued: 2014
A critical analysis of the deductibility of audit fees
- Authors: Hattingh, Leon
- Date: 2013
- Subjects: Auditing -- Fees , Tax deductions
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10292 , http://hdl.handle.net/10948/d1020376
- Description: The strict and narrow scope of the general deduction formula may result in taxpayers being denied deductions for business expenditure, which are clearly and legitimately incurred in the course of operating their businesses, which in turn will result in an increase in tax costs, an important component of business costs. Although audit fees often fail the deductibility test, in general they are regarded by taxpayers as automatically deductible despite the fact that such fees were not incurred in the production of income. The deductibility of audit fees reached the High Court recently for the first time in the MTN case. It was argued by the South African Revenue Service (SARS) in this case that audit fees should never been allowed as a deduction because the role of an auditor does not relate to the production of income and that an auditor’s duty is restricted to verification of financial information ex post facto for the benefit of investors, creditors and other users of the financial information. The Court held that statutory audit fees should be deductible relying on the basis of the time spent during the audit in verifying deductible and non-deductible income. It is concluded by the author that law which creates uncertainty needs to be updated in keeping with the Government’s intention of creating a business environment in order to promote commerce and entrepreneurship. It is therefore proposed that all audit fees relating to statutory audits should be declared as a specific statutory deduction to ensure legal certainty.
- Full Text:
- Date Issued: 2013
- Authors: Hattingh, Leon
- Date: 2013
- Subjects: Auditing -- Fees , Tax deductions
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10292 , http://hdl.handle.net/10948/d1020376
- Description: The strict and narrow scope of the general deduction formula may result in taxpayers being denied deductions for business expenditure, which are clearly and legitimately incurred in the course of operating their businesses, which in turn will result in an increase in tax costs, an important component of business costs. Although audit fees often fail the deductibility test, in general they are regarded by taxpayers as automatically deductible despite the fact that such fees were not incurred in the production of income. The deductibility of audit fees reached the High Court recently for the first time in the MTN case. It was argued by the South African Revenue Service (SARS) in this case that audit fees should never been allowed as a deduction because the role of an auditor does not relate to the production of income and that an auditor’s duty is restricted to verification of financial information ex post facto for the benefit of investors, creditors and other users of the financial information. The Court held that statutory audit fees should be deductible relying on the basis of the time spent during the audit in verifying deductible and non-deductible income. It is concluded by the author that law which creates uncertainty needs to be updated in keeping with the Government’s intention of creating a business environment in order to promote commerce and entrepreneurship. It is therefore proposed that all audit fees relating to statutory audits should be declared as a specific statutory deduction to ensure legal certainty.
- Full Text:
- Date Issued: 2013
The best interests of the child witness in disciplinary cases of educators
- Authors: Seshibe, Maropene Viniel
- Date: 2014
- Subjects: Child witnesses -- South Africa , Child sexual abuse -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10257 , http://hdl.handle.net/10948/d1021058
- Description: The South African Constitution provides that a child’s best interests are of paramount importance in every matter concerning the child. This principle emanates from the United Nations Declaration on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). Accordingly the State and its various departments have adopted and are enforcing legislation and policies in defence of the child’s best interest. The principle of the best interest of the child is seldom observed in most of our schools. Incidents of child abuse are on the increase, especially by educators. This unfortunate situation prevails against the backdrop of legislation which condemns these atrocities. Section 17 of the Employment of Educators Act1 provides that educators must be discharged if they are found guilty of, inter alia, sexual abuse, intimate relationship with a learner and assault with grievous bodily harm. These measures have been taken to combat the vicious cycle of child abuse in schools and to advance children’s-rights agenda and the universal principle of the child’s best interests. For the department to successfully prosecute educator cases against child abuse, the testimony of a child witness is crucial. However, it is shocking to discover that the interests of the child witness are not always served in these disciplinary hearings. Officials are prone to be biased towards their fellow professionals at the expense of the interest of the child witness. This situation normally arises probably as a result of a lack of professional capacity because most of these officials tasked with disciplining educators have a teaching, human-resource or legal qualification. Others may have been recruited from the ranks of the trade-union movement without any formal qualification. Secondly, they may be specialists in the field of labour law which is essentially concerned with the regulating the employer and employee relationship. Thirdly, the disciplinary code and procedures that are used during educator-disciplinary processes are premised on the principles and values of the Labour 1 Act 76 of 1998. Relations Act Code of Good Practice: Dismissal2 and Schedule 2 of the Employment of Educators Act3 which addresses the interest of the child witness to a very limited extend. Finally, the policies regulating workplace discipline are generally biased towards employee rights as espoused in the Labour Relations Act4 and CCMA guidelines on misconduct arbitrations. This study has identified a number of challenges confronting the child witness and also areas of capacity improvement on the side of officials officiating over the disciplinary cases of educators. These challenges form the basis for a comprehensive and consolidated list of aspects in which officials need to be trained to effectively promote and defend the interest of the child witness in a professional manner. The role of the departmental representative in becoming the champions of the democratic Constitution and the vanguard of the child’s best interest cannot be over-emphasised. The question of how best to serve the best interest of the child witness has been addressed. The child witness can be a credible witness provided officials win over his or her confidence to speak out against abuse. The 16 days of activism against women and children abuse has to resonate consciously with departmental officials.
- Full Text:
- Date Issued: 2014
- Authors: Seshibe, Maropene Viniel
- Date: 2014
- Subjects: Child witnesses -- South Africa , Child sexual abuse -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10257 , http://hdl.handle.net/10948/d1021058
- Description: The South African Constitution provides that a child’s best interests are of paramount importance in every matter concerning the child. This principle emanates from the United Nations Declaration on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). Accordingly the State and its various departments have adopted and are enforcing legislation and policies in defence of the child’s best interest. The principle of the best interest of the child is seldom observed in most of our schools. Incidents of child abuse are on the increase, especially by educators. This unfortunate situation prevails against the backdrop of legislation which condemns these atrocities. Section 17 of the Employment of Educators Act1 provides that educators must be discharged if they are found guilty of, inter alia, sexual abuse, intimate relationship with a learner and assault with grievous bodily harm. These measures have been taken to combat the vicious cycle of child abuse in schools and to advance children’s-rights agenda and the universal principle of the child’s best interests. For the department to successfully prosecute educator cases against child abuse, the testimony of a child witness is crucial. However, it is shocking to discover that the interests of the child witness are not always served in these disciplinary hearings. Officials are prone to be biased towards their fellow professionals at the expense of the interest of the child witness. This situation normally arises probably as a result of a lack of professional capacity because most of these officials tasked with disciplining educators have a teaching, human-resource or legal qualification. Others may have been recruited from the ranks of the trade-union movement without any formal qualification. Secondly, they may be specialists in the field of labour law which is essentially concerned with the regulating the employer and employee relationship. Thirdly, the disciplinary code and procedures that are used during educator-disciplinary processes are premised on the principles and values of the Labour 1 Act 76 of 1998. Relations Act Code of Good Practice: Dismissal2 and Schedule 2 of the Employment of Educators Act3 which addresses the interest of the child witness to a very limited extend. Finally, the policies regulating workplace discipline are generally biased towards employee rights as espoused in the Labour Relations Act4 and CCMA guidelines on misconduct arbitrations. This study has identified a number of challenges confronting the child witness and also areas of capacity improvement on the side of officials officiating over the disciplinary cases of educators. These challenges form the basis for a comprehensive and consolidated list of aspects in which officials need to be trained to effectively promote and defend the interest of the child witness in a professional manner. The role of the departmental representative in becoming the champions of the democratic Constitution and the vanguard of the child’s best interest cannot be over-emphasised. The question of how best to serve the best interest of the child witness has been addressed. The child witness can be a credible witness provided officials win over his or her confidence to speak out against abuse. The 16 days of activism against women and children abuse has to resonate consciously with departmental officials.
- Full Text:
- Date Issued: 2014
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
The dismissal of employees for a group or team misconduct
- Authors: Mnisi, Daphney Sibongile
- Date: 2021-04
- Subjects: Gqeberha (South Africa) , Eastern Cape (South Africa) , Unfair labor practices
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51184 , vital:43226
- Description: South African labour law is founded on the fundamental constitutional right of fair “labour practices”. This fundamental right is afforded to both the employer and workers. This means that in the employment relationship, there are two competing rights involved which necessitate the need to strike a balance when each party’s rights are exercised. Therefore, this right is not absolute, and it is subject to limitations as per the provisions of section 36 of the Constitution. The Labour Relations Act, amongst other labour law resources considered in this research, give effect to those competing rights and seek to strike the necessary balance by establishing guidelines to protect the individual employee against unfair dismissals, amongst other things. It requires that the dismissal of an employee be fair. This requirement is met where two elements are fulfilled: (1) substantive fairness and (2) procedural fairness. The purpose of this study is to focus on “misconduct” as a valid reason for dismissal, as well as “group or team misconduct” which is included in the notion and ambit of “misconduct”. This type of misconduct involves a group or team who the employer has identified as having committed a misconduct, but the employer, due to different reasons explored in this research, is unable to identify the specific individual employees directly involved in the primary misconduct it wishes to prosecute. Therefore, the employer formulates a disciplinary charge of “group or team misconduct” to discipline the entire group or team. This group or team may form part of the entire workforce or a team within a department of the employer’s business. , Thesis (LLM) -- Faculty of Law, Mercantile Law, 2021
- Full Text: false
- Date Issued: 2021-04
- Authors: Mnisi, Daphney Sibongile
- Date: 2021-04
- Subjects: Gqeberha (South Africa) , Eastern Cape (South Africa) , Unfair labor practices
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51184 , vital:43226
- Description: South African labour law is founded on the fundamental constitutional right of fair “labour practices”. This fundamental right is afforded to both the employer and workers. This means that in the employment relationship, there are two competing rights involved which necessitate the need to strike a balance when each party’s rights are exercised. Therefore, this right is not absolute, and it is subject to limitations as per the provisions of section 36 of the Constitution. The Labour Relations Act, amongst other labour law resources considered in this research, give effect to those competing rights and seek to strike the necessary balance by establishing guidelines to protect the individual employee against unfair dismissals, amongst other things. It requires that the dismissal of an employee be fair. This requirement is met where two elements are fulfilled: (1) substantive fairness and (2) procedural fairness. The purpose of this study is to focus on “misconduct” as a valid reason for dismissal, as well as “group or team misconduct” which is included in the notion and ambit of “misconduct”. This type of misconduct involves a group or team who the employer has identified as having committed a misconduct, but the employer, due to different reasons explored in this research, is unable to identify the specific individual employees directly involved in the primary misconduct it wishes to prosecute. Therefore, the employer formulates a disciplinary charge of “group or team misconduct” to discipline the entire group or team. This group or team may form part of the entire workforce or a team within a department of the employer’s business. , Thesis (LLM) -- Faculty of Law, Mercantile Law, 2021
- Full Text: false
- Date Issued: 2021-04
Corruption, state capture and the betrayal of South Africa’s vulnerable
- Authors: Erasmus, Deon
- Subjects: Political corruption -- South Africa , Business enterprises -- Corrupt practices -- South Africa , f-sa
- Language: English
- Type: text , Lectures
- Identifier: http://hdl.handle.net/10948/53199 , vital:45037
- Description: The term state capture was first defined in a World Bank report on corruption in eastern Europe and central Asia in 2003. Hellman, Jones and Kaufmann (2000) point out in the report that some firms in transition economies were able to shape the rules of the game to their own advantage at a considerable social cost by creating a “capture economy.”
- Full Text:
- Authors: Erasmus, Deon
- Subjects: Political corruption -- South Africa , Business enterprises -- Corrupt practices -- South Africa , f-sa
- Language: English
- Type: text , Lectures
- Identifier: http://hdl.handle.net/10948/53199 , vital:45037
- Description: The term state capture was first defined in a World Bank report on corruption in eastern Europe and central Asia in 2003. Hellman, Jones and Kaufmann (2000) point out in the report that some firms in transition economies were able to shape the rules of the game to their own advantage at a considerable social cost by creating a “capture economy.”
- Full Text:
Should passive euthanasia be made legal in South Africa?
- Chidoori, Rumbidzai Elizabeth Portia
- Authors: Chidoori, Rumbidzai Elizabeth Portia
- Date: 2009
- Subjects: Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11098 , http://hdl.handle.net/10353/253 , Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Description: In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.
- Full Text:
- Date Issued: 2009
- Authors: Chidoori, Rumbidzai Elizabeth Portia
- Date: 2009
- Subjects: Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11098 , http://hdl.handle.net/10353/253 , Euthanasia -- South Africa , Euthanasia -- Law and legislation , Terminally ill -- South Africa
- Description: In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.
- Full Text:
- Date Issued: 2009
Assessment of the Tyhume river health status using macroinvertebrates as indicators
- Authors: Fasi, Nokonwaba Nellineth
- Date: 2018
- Subjects: Invertebrates -- South Africa -- Eastern Cape Rivers -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , Zoology
- Identifier: http://hdl.handle.net/10353/10861 , vital:35879
- Description: Ten sampling sites were selected along the Tyhume River corresponding to the upper, mid and lower reaches of the River. In total 48 families were collected during the study. The study observed different types of macroinvertebrate taxa; very low tolerant to pollution (e.g Heptageniidae; Notonemouridae; Perlidae), moderately pollution-tolerant (e.g. Caenidae; Chlorolestidae; Tricorythidae) and very tolerant of polluted conditions (e.g. Chironomidae; Muscidae; Oligochaetae). Both univariate and multivariate analyses were done using PRIMER V6. Above Confluence (ABCON, Site 10) had the highest number (37) of species while Mtloko (MTLOK, Site 2) had the lowest number (24) (Chi-square = 0.87; p < 0.05). The highest number of individuals (4023) was recorded at Macfairlane (MACFA, Site 5) while the lowest number (1240) at Honeydale (HONEY, Site 8) (Chi-square = 0.00; p < 0.05). Margalef’s index indicated Above Confluence (ABCON, Site 10; 4.762), had the highest values of species richness while Mtloko (MTLOK, Site 2; 3.227) had the lowest values (Chi-square = 1; p < 0.05). Pielou's evenness index indicated that Gqumashe (GQUMA, Site 7) had the highest values (0.7137), while Macfairlane (MACFA; Site 5) had the lowest (0.5109) (chi-square = 1; p < 0.05). Shannon-Wiener diversity indices, the highest diversity index values (2.573) of macroinvertebrates was recorded at Honeydale (HONEY, Site 8), and the lowest (1.684) at Macfairlane (MACFA, Site 5) (chi-square = 1; p < 0.05). The ASPT Scores did not differ significantly (P > 0.05) across sites. No significant difference was observed in the ASPT scores across the 10 sites (F = 0.75; df = 9.60; P > 0.05). Site 4 had the highest mean ASPT Scores with mean of 7.6), whereas the lowest. Three biotopes types, namely: stone, vegetation, gravel-sand-mud, stone and vegetation being the dominant biotopes at the 10 sites. The cluster analyses showed that macroinvertebrates were dependent on biotope preference while stone biotope showing greater macroinvertebrate densities. Euclidean distance of site classification with respect to physico-chemical parameters showed very low stress value (0.01) implying that physico-chemical parameters influenced species distribution within each sampling site. The results also showed that good health conditions existed at the most upstream sites than the lower reaches of the river, thus, indicating impacts of pollution within the river.
- Full Text:
- Date Issued: 2018
- Authors: Fasi, Nokonwaba Nellineth
- Date: 2018
- Subjects: Invertebrates -- South Africa -- Eastern Cape Rivers -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , Zoology
- Identifier: http://hdl.handle.net/10353/10861 , vital:35879
- Description: Ten sampling sites were selected along the Tyhume River corresponding to the upper, mid and lower reaches of the River. In total 48 families were collected during the study. The study observed different types of macroinvertebrate taxa; very low tolerant to pollution (e.g Heptageniidae; Notonemouridae; Perlidae), moderately pollution-tolerant (e.g. Caenidae; Chlorolestidae; Tricorythidae) and very tolerant of polluted conditions (e.g. Chironomidae; Muscidae; Oligochaetae). Both univariate and multivariate analyses were done using PRIMER V6. Above Confluence (ABCON, Site 10) had the highest number (37) of species while Mtloko (MTLOK, Site 2) had the lowest number (24) (Chi-square = 0.87; p < 0.05). The highest number of individuals (4023) was recorded at Macfairlane (MACFA, Site 5) while the lowest number (1240) at Honeydale (HONEY, Site 8) (Chi-square = 0.00; p < 0.05). Margalef’s index indicated Above Confluence (ABCON, Site 10; 4.762), had the highest values of species richness while Mtloko (MTLOK, Site 2; 3.227) had the lowest values (Chi-square = 1; p < 0.05). Pielou's evenness index indicated that Gqumashe (GQUMA, Site 7) had the highest values (0.7137), while Macfairlane (MACFA; Site 5) had the lowest (0.5109) (chi-square = 1; p < 0.05). Shannon-Wiener diversity indices, the highest diversity index values (2.573) of macroinvertebrates was recorded at Honeydale (HONEY, Site 8), and the lowest (1.684) at Macfairlane (MACFA, Site 5) (chi-square = 1; p < 0.05). The ASPT Scores did not differ significantly (P > 0.05) across sites. No significant difference was observed in the ASPT scores across the 10 sites (F = 0.75; df = 9.60; P > 0.05). Site 4 had the highest mean ASPT Scores with mean of 7.6), whereas the lowest. Three biotopes types, namely: stone, vegetation, gravel-sand-mud, stone and vegetation being the dominant biotopes at the 10 sites. The cluster analyses showed that macroinvertebrates were dependent on biotope preference while stone biotope showing greater macroinvertebrate densities. Euclidean distance of site classification with respect to physico-chemical parameters showed very low stress value (0.01) implying that physico-chemical parameters influenced species distribution within each sampling site. The results also showed that good health conditions existed at the most upstream sites than the lower reaches of the river, thus, indicating impacts of pollution within the river.
- Full Text:
- Date Issued: 2018
The safety of navigation and the role of port state jurisdiction: a South African perspective
- Authors: Metuge, Denning Ngomele
- Date: 2017
- Subjects: Harbors -- Law and legislation -- South Africa Law of the sea -- South Africa
- Language: English
- Type: Thesis , Masters , LLD
- Identifier: http://hdl.handle.net/10948/19343 , vital:28853
- Description: This thesis set to examine whether South Africa has incorporated the provisions on vessel navigational safety standards established in the relevant international instruments developed by the IMO: the International Convention for the Safety of Life at Sea, 1974 (SOLAS) as amended, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) as amended, and the Convention on International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) as amended. It also set to determine the regulatory scope for the exercise of port State jurisdiction from a South African perspective. To establish whether a vessel’s condition complies to prescribed navigational safety standards, the relevant international instruments require States that have ratified the instruments not only to ensure that vessels registered under their flag are inspected for compliance before they can navigate, but that foreign visiting vessels must be surveyed to ensure that they also comply with the safety standards. These surveys are conducted while vessels are in the port of a port State. In addition, the Third United Nations Convention on the Law of the Sea, 1982 (LOSC), provides in article 218 that the port State may enforce anti-pollution regulations committed by a vessel that calls at one of its ports, after committing an illegal discharge outside the territorial waters of the State and its exclusive economic zone (EEZ). However, the provisions of article 218 LOSC have been the center of scholarly debate on the scope of port State jurisdiction (PSJ). Whilst one school of thought holds that PSJ refers only to the provisions of article 218 LOSC, another contends that in defining PSJ, its meaning must be awarded a broader scope to include the regulation of navigational safety standards. Due to the varied opinions on the scope of PSJ, this thesis examined the regulatory framework for the exercise of port State jurisdiction (PSJ) in South Africa. The discussion was relevant to determine the role of PSJ to enhance navigational safety from a South African perspective. This thesis comprised of an in-depth analysis of primary and secondary sources of data relevant to the regulation of navigational safety. The data obtained was critically discussed to establish whether the relevant international navigational safety standards are incorporated into South African law. The process included critical discussions on the principle of jurisdiction, and its exercise by States under international law. The discussions analysed the complexities associated with defining jurisdiction and determining its scope, which are relevant in respect of States’ competence to prescribe and enforce domestic laws, in conformity with the requirements of the LOSC. International law awards jurisdiction to the State to regulate laws within its national territory subject to some restrictions. However, the meaning of jurisdiction is not easily discernible even to lawyers. The discussions showed that the Republic exercises jurisdiction in conformity with generally accepted grounds for the exercise of jurisdiction, and that it is the prerogative of the State to adopt laws it deems necessary within its territory. Thus, the incorporation of international instruments on the safety of navigation is not a forgone conclusion, as it is dependent on the will of the State to ratify, and give effect to the provisions of the relevant instruments in its domestic law. Furthermore, this thesis discussed the relevant international safety instruments in contrast to the provisions of South African merchant shipping regulations, to identify any regulatory gaps in the incorporation of their provisions in South African law. Against a background of comparative analyses of the international norms and the provisions of South African merchant shipping regulations, this research found that a significant number of the relevant international safety instruments are incorporated into south African law by Merchant Shipping Act (MSA) as amended, and regulations made in terms of the Act. The provisions of South African merchant shipping regulations are administered by the South African Maritime Safety Authority (SAMSA). However, whilst this research found little doubt that the provisions of the STCW and COLREGs are given full effect in South African law, it identified regulatory differences in respect of the most relevant of all international instruments with regard to the safety of navigation, SOLAS. Some SOLAS provisions in respect of navigational safety are not incorporated into domestic law, and in some instances where they are incorporated, the provisions of domestic law contrasts that of SOLAS, or are not as comprehensive. For instance, there is a contrast in the provisions of the Navigation Bridge Visibility Regulations (NVBR), that make the regulations applicable to vessels of 45m or more in length constructed before 1 July 2008. Whereas, SOLAS regulations in respect of the navigation bridge visibility standards of vessels apply to vessels 55m or more length. Furthermore, a 5 months extension may be awarded in respect of a safety certificate issued for a South African vessel that is not in the Republic on the date of its expiry. This provision goes beyond the requirement of SOLAS, which requires that no extension be granted for a period longer than 3 months. Likewise, SAMSA may grant an extension of a safety certificate other than a cargo vessel construction certificate, for a period no longer than five month to enable a foreign vessel to complete its journey to its country of registry or point of inspection. This extension again, is longer than the 3 months requirement under SOLAS. Moreover, the survey requirements applicable to all South African vessels where ever they may be, and all foreign merchant vessels that come into the Republic, do not reflect the specific provisions of SOLAS. A significant amendment was made to SOLAS by SOLAS PROT 1988. SOLAS PROT 1988 introduced the harmonised system of survey and certification (HSSC) into the provisions of SOLAS, thereby harmonising its survey standards with those of other international instruments. SOLAS PROT 1988 has come into force for all States that have ratified the Protocol since the year 2000. This thesis finds that while South Africa is a party to SOLAS as amended by SOLAS PROT 1978, the Republic has not yet ratified SOLAS PROT 1988. Hence, the Republic is not bound to any requirements of SOLAS PROT 1988. Furthermore, although States that are not party to an international instrument requiring the implementation of the HSSC are invited to implement the HSSC anyway, there is no provision in the MSA that incorporates the HSSC. Of central importance to the regulation of merchant shipping standards, States are not only required to adopt domestic laws giving effect to international standards, but they are required to implement international standards in a uniform manner. This is aimed at avoiding a merchant shipping arena plagued by conflicting unilateral domestic rules. SOLAS PROT 1988 has been ratified by States comprising of 96% of the world’s merchant fleet by tonnage. The massive acceptance of SOLAS PROT 1988 is indicative of the international trend, towards uniformity in the implementation of international norms. This thesis recommends that, for the Republic’s merchant shipping regulations to reflect the international trend, the Republic should amend its merchant shipping regulation to incorporate the HSSC. Alternatively, the Republic may ratify SOLAS PROT 1988, and give full effect to its survey and certification standards and the relevant navigational safety provisions in the ANNEX of SOLAS.In addition, whilst a debate abounds on the international scene in respect of the scope of port State jurisdiction, the analysis of the regulatory framework for the exercise of port State jurisdiction in South Africa found that the regulatory framework for the exercise of port State jurisdiction by the Republic includes the regulation of not only environment-related navigational standards prescribed by article 218 LOSC, but also, navigational safety standards, and significantly, its scope is not burdened by the international law limitations to the exercise of coastal State jurisdiction. As such, a recommendation is made to the effect that when defining PSJ, its scope should not be limited to the enforcement of standards contained in article 218 LOSC, rather, it should be awarded a broader scope to include the regulation of other navigational standards including safety.
- Full Text:
- Date Issued: 2017
- Authors: Metuge, Denning Ngomele
- Date: 2017
- Subjects: Harbors -- Law and legislation -- South Africa Law of the sea -- South Africa
- Language: English
- Type: Thesis , Masters , LLD
- Identifier: http://hdl.handle.net/10948/19343 , vital:28853
- Description: This thesis set to examine whether South Africa has incorporated the provisions on vessel navigational safety standards established in the relevant international instruments developed by the IMO: the International Convention for the Safety of Life at Sea, 1974 (SOLAS) as amended, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) as amended, and the Convention on International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) as amended. It also set to determine the regulatory scope for the exercise of port State jurisdiction from a South African perspective. To establish whether a vessel’s condition complies to prescribed navigational safety standards, the relevant international instruments require States that have ratified the instruments not only to ensure that vessels registered under their flag are inspected for compliance before they can navigate, but that foreign visiting vessels must be surveyed to ensure that they also comply with the safety standards. These surveys are conducted while vessels are in the port of a port State. In addition, the Third United Nations Convention on the Law of the Sea, 1982 (LOSC), provides in article 218 that the port State may enforce anti-pollution regulations committed by a vessel that calls at one of its ports, after committing an illegal discharge outside the territorial waters of the State and its exclusive economic zone (EEZ). However, the provisions of article 218 LOSC have been the center of scholarly debate on the scope of port State jurisdiction (PSJ). Whilst one school of thought holds that PSJ refers only to the provisions of article 218 LOSC, another contends that in defining PSJ, its meaning must be awarded a broader scope to include the regulation of navigational safety standards. Due to the varied opinions on the scope of PSJ, this thesis examined the regulatory framework for the exercise of port State jurisdiction (PSJ) in South Africa. The discussion was relevant to determine the role of PSJ to enhance navigational safety from a South African perspective. This thesis comprised of an in-depth analysis of primary and secondary sources of data relevant to the regulation of navigational safety. The data obtained was critically discussed to establish whether the relevant international navigational safety standards are incorporated into South African law. The process included critical discussions on the principle of jurisdiction, and its exercise by States under international law. The discussions analysed the complexities associated with defining jurisdiction and determining its scope, which are relevant in respect of States’ competence to prescribe and enforce domestic laws, in conformity with the requirements of the LOSC. International law awards jurisdiction to the State to regulate laws within its national territory subject to some restrictions. However, the meaning of jurisdiction is not easily discernible even to lawyers. The discussions showed that the Republic exercises jurisdiction in conformity with generally accepted grounds for the exercise of jurisdiction, and that it is the prerogative of the State to adopt laws it deems necessary within its territory. Thus, the incorporation of international instruments on the safety of navigation is not a forgone conclusion, as it is dependent on the will of the State to ratify, and give effect to the provisions of the relevant instruments in its domestic law. Furthermore, this thesis discussed the relevant international safety instruments in contrast to the provisions of South African merchant shipping regulations, to identify any regulatory gaps in the incorporation of their provisions in South African law. Against a background of comparative analyses of the international norms and the provisions of South African merchant shipping regulations, this research found that a significant number of the relevant international safety instruments are incorporated into south African law by Merchant Shipping Act (MSA) as amended, and regulations made in terms of the Act. The provisions of South African merchant shipping regulations are administered by the South African Maritime Safety Authority (SAMSA). However, whilst this research found little doubt that the provisions of the STCW and COLREGs are given full effect in South African law, it identified regulatory differences in respect of the most relevant of all international instruments with regard to the safety of navigation, SOLAS. Some SOLAS provisions in respect of navigational safety are not incorporated into domestic law, and in some instances where they are incorporated, the provisions of domestic law contrasts that of SOLAS, or are not as comprehensive. For instance, there is a contrast in the provisions of the Navigation Bridge Visibility Regulations (NVBR), that make the regulations applicable to vessels of 45m or more in length constructed before 1 July 2008. Whereas, SOLAS regulations in respect of the navigation bridge visibility standards of vessels apply to vessels 55m or more length. Furthermore, a 5 months extension may be awarded in respect of a safety certificate issued for a South African vessel that is not in the Republic on the date of its expiry. This provision goes beyond the requirement of SOLAS, which requires that no extension be granted for a period longer than 3 months. Likewise, SAMSA may grant an extension of a safety certificate other than a cargo vessel construction certificate, for a period no longer than five month to enable a foreign vessel to complete its journey to its country of registry or point of inspection. This extension again, is longer than the 3 months requirement under SOLAS. Moreover, the survey requirements applicable to all South African vessels where ever they may be, and all foreign merchant vessels that come into the Republic, do not reflect the specific provisions of SOLAS. A significant amendment was made to SOLAS by SOLAS PROT 1988. SOLAS PROT 1988 introduced the harmonised system of survey and certification (HSSC) into the provisions of SOLAS, thereby harmonising its survey standards with those of other international instruments. SOLAS PROT 1988 has come into force for all States that have ratified the Protocol since the year 2000. This thesis finds that while South Africa is a party to SOLAS as amended by SOLAS PROT 1978, the Republic has not yet ratified SOLAS PROT 1988. Hence, the Republic is not bound to any requirements of SOLAS PROT 1988. Furthermore, although States that are not party to an international instrument requiring the implementation of the HSSC are invited to implement the HSSC anyway, there is no provision in the MSA that incorporates the HSSC. Of central importance to the regulation of merchant shipping standards, States are not only required to adopt domestic laws giving effect to international standards, but they are required to implement international standards in a uniform manner. This is aimed at avoiding a merchant shipping arena plagued by conflicting unilateral domestic rules. SOLAS PROT 1988 has been ratified by States comprising of 96% of the world’s merchant fleet by tonnage. The massive acceptance of SOLAS PROT 1988 is indicative of the international trend, towards uniformity in the implementation of international norms. This thesis recommends that, for the Republic’s merchant shipping regulations to reflect the international trend, the Republic should amend its merchant shipping regulation to incorporate the HSSC. Alternatively, the Republic may ratify SOLAS PROT 1988, and give full effect to its survey and certification standards and the relevant navigational safety provisions in the ANNEX of SOLAS.In addition, whilst a debate abounds on the international scene in respect of the scope of port State jurisdiction, the analysis of the regulatory framework for the exercise of port State jurisdiction in South Africa found that the regulatory framework for the exercise of port State jurisdiction by the Republic includes the regulation of not only environment-related navigational standards prescribed by article 218 LOSC, but also, navigational safety standards, and significantly, its scope is not burdened by the international law limitations to the exercise of coastal State jurisdiction. As such, a recommendation is made to the effect that when defining PSJ, its scope should not be limited to the enforcement of standards contained in article 218 LOSC, rather, it should be awarded a broader scope to include the regulation of other navigational standards including safety.
- Full Text:
- Date Issued: 2017
The legal protection of foreign direct investment in the new millennium :a critical assessment with a focus on South Africa and Zimbabwe
- Authors: Chidede, Talkmore
- Date: 2016
- Subjects: Investments, Foreign -- Law and legislation Economic policy
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/7919 , vital:30814
- Description: The increasing investment gap and reduction in foreign aid has made several developing countries to turn to foreign investment as a mechanism to circumvent their financial constraints among other things. There is substantial empirical evidence that foreign direct investment enhances economic development, employment creation, national competitiveness and diffusion of technology from foreign firms to local firms and workers of the host states. As a result, this study firstly argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, create employment and increase their competitiveness in the global market. However, these benefits do not accrue automatically but the host states need to create an enabling environment to exploit such benefits. The legal protection of foreign investment has become a fundamental issue in both international and national law. Efforts have been and are still being made in law as well as in practice to implement national investment legal regimes which are in line with international norms or standards. This study undertakes a contemporary assessment of the legal protection of foreign investment in South Africa and Zimbabwe with a view of examining their compliance with international minimum norms, standards and/or best practices. More recently, both South Africa and Zimbabwe have crafted and implemented investment laws and related policies which are perceived to be somewhat hostile towards foreign investment. To achieve this, selected investment laws and related policies in both jurisdictions are critically analysed. This study puts forward an argument and recommendations for policy makers in both South Africa and Zimbabwe for strategic refinements of investment laws and related policies such that they become flexible, friendly and certain to foreign investors while at the same time advancing their respective national policies aimed at the economic empowerment of local citizens.
- Full Text:
- Date Issued: 2016
- Authors: Chidede, Talkmore
- Date: 2016
- Subjects: Investments, Foreign -- Law and legislation Economic policy
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10353/7919 , vital:30814
- Description: The increasing investment gap and reduction in foreign aid has made several developing countries to turn to foreign investment as a mechanism to circumvent their financial constraints among other things. There is substantial empirical evidence that foreign direct investment enhances economic development, employment creation, national competitiveness and diffusion of technology from foreign firms to local firms and workers of the host states. As a result, this study firstly argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, create employment and increase their competitiveness in the global market. However, these benefits do not accrue automatically but the host states need to create an enabling environment to exploit such benefits. The legal protection of foreign investment has become a fundamental issue in both international and national law. Efforts have been and are still being made in law as well as in practice to implement national investment legal regimes which are in line with international norms or standards. This study undertakes a contemporary assessment of the legal protection of foreign investment in South Africa and Zimbabwe with a view of examining their compliance with international minimum norms, standards and/or best practices. More recently, both South Africa and Zimbabwe have crafted and implemented investment laws and related policies which are perceived to be somewhat hostile towards foreign investment. To achieve this, selected investment laws and related policies in both jurisdictions are critically analysed. This study puts forward an argument and recommendations for policy makers in both South Africa and Zimbabwe for strategic refinements of investment laws and related policies such that they become flexible, friendly and certain to foreign investors while at the same time advancing their respective national policies aimed at the economic empowerment of local citizens.
- Full Text:
- Date Issued: 2016
The application of the prescription act in labour disputes
- Authors: Mncanca, Siyamthanda
- Date: 2022-04
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/55498 , vital:52375
- Description: It is inevitable that in an employment relationship grievances and conflicts may emerge.1 This is attested to by the large volume of 193 732 disputes that were referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) during the 2018/19 financial year.2 In the event where an employee is dismissed from work and he decides to challenge the dismissal, section 191 of the Labour Relations Act (LRA) grants the employee a right to refer the matter to the CCMA for conciliation or arbitration.3 The purpose of referring the disputes to the CCMA is to support an establishment of a voluntary, free of charge and expeditious mechanisms for labour disputes settlement and allow parties to resolve their disputes through a consensus based process before taking the route of a court process.4 There are time frames that are provided for the referral of disputes to the CCMA. Section 191 determines these time frames by stating that an employee must refer their alleged unfair dismissal to the CCMA within 30 days or 90 days when a dispute relates to an unfair labour practice in accordance with section 191(1)(b)(ii) of the LRA.5 The rationale behind these time frames was outlined in the Constitutional Court (CC) judgement of Toyota SA Motors (Pty) Ltd v CCMA,6 as a means to bring about the expeditious resolution of labour disputes which by their nature, require speedy resolution. , Thesis (L.L.M.) -- Faculty of Law, Mercantile Law, 2022
- Full Text:
- Date Issued: 2022-04
- Authors: Mncanca, Siyamthanda
- Date: 2022-04
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/55498 , vital:52375
- Description: It is inevitable that in an employment relationship grievances and conflicts may emerge.1 This is attested to by the large volume of 193 732 disputes that were referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) during the 2018/19 financial year.2 In the event where an employee is dismissed from work and he decides to challenge the dismissal, section 191 of the Labour Relations Act (LRA) grants the employee a right to refer the matter to the CCMA for conciliation or arbitration.3 The purpose of referring the disputes to the CCMA is to support an establishment of a voluntary, free of charge and expeditious mechanisms for labour disputes settlement and allow parties to resolve their disputes through a consensus based process before taking the route of a court process.4 There are time frames that are provided for the referral of disputes to the CCMA. Section 191 determines these time frames by stating that an employee must refer their alleged unfair dismissal to the CCMA within 30 days or 90 days when a dispute relates to an unfair labour practice in accordance with section 191(1)(b)(ii) of the LRA.5 The rationale behind these time frames was outlined in the Constitutional Court (CC) judgement of Toyota SA Motors (Pty) Ltd v CCMA,6 as a means to bring about the expeditious resolution of labour disputes which by their nature, require speedy resolution. , Thesis (L.L.M.) -- Faculty of Law, Mercantile Law, 2022
- Full Text:
- Date Issued: 2022-04
An evaluation of the time frame of the disclosure process in the evidence of 97 child witnesses in cases in the Belville sexual offences court
- Authors: Lehmann, Caron Mary
- Date: 2010
- Subjects: Disclosure of information -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10174 , http://hdl.handle.net/10948/1279 , Disclosure of information -- Law and legislation -- South Africa
- Description: When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussion then moves on to considering the approach of the South African courts in regard to evaluating the manner and timing of a child’s revelations, as well as to considering the impact which a delay may have on the acceptance of that child’s evidence. Intrinsic to this analysis is the progress made in our courts, and by the legislature, in recognising factors that influence a child to either blurt out the information immediately or conceal it for a period of time. Thereafter, the testimony of 97 child victims of sexual abuse is analysed with a view to determining whether these children fit the profiles raised in research on the subject and described in some of the case law. The rate of attrition in cases of sexual offences against children is considered as well as the role that cross-examination plays in either enhancing or reducing a child’s ability to accurately describe an acceptable motivation for the delay in disclosure. The study concludes with a discussion of how well child victims are served in a legal environment designed to provide a forum for eliciting the truth from a child witness. The use of intermediaries and the impact of cross-examination is discussed as well as the ability of judicial officers to adjudicate in matters requiring highly specialized knowledge and experience.
- Full Text:
- Date Issued: 2010
- Authors: Lehmann, Caron Mary
- Date: 2010
- Subjects: Disclosure of information -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10174 , http://hdl.handle.net/10948/1279 , Disclosure of information -- Law and legislation -- South Africa
- Description: When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussion then moves on to considering the approach of the South African courts in regard to evaluating the manner and timing of a child’s revelations, as well as to considering the impact which a delay may have on the acceptance of that child’s evidence. Intrinsic to this analysis is the progress made in our courts, and by the legislature, in recognising factors that influence a child to either blurt out the information immediately or conceal it for a period of time. Thereafter, the testimony of 97 child victims of sexual abuse is analysed with a view to determining whether these children fit the profiles raised in research on the subject and described in some of the case law. The rate of attrition in cases of sexual offences against children is considered as well as the role that cross-examination plays in either enhancing or reducing a child’s ability to accurately describe an acceptable motivation for the delay in disclosure. The study concludes with a discussion of how well child victims are served in a legal environment designed to provide a forum for eliciting the truth from a child witness. The use of intermediaries and the impact of cross-examination is discussed as well as the ability of judicial officers to adjudicate in matters requiring highly specialized knowledge and experience.
- Full Text:
- Date Issued: 2010
Constitutional Law: COL 101E
- Authors: Lubisi, N , Ngaba, M
- Date: 2010-06
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17355 , http://hdl.handle.net/10353/d1009508
- Description: Constitutional Law: COL 101E, June Examination Paper 2010
- Full Text: false
- Date Issued: 2010-06
- Authors: Lubisi, N , Ngaba, M
- Date: 2010-06
- Subjects: Constitutional law
- Language: English
- Type: Examination paper
- Identifier: vital:17355 , http://hdl.handle.net/10353/d1009508
- Description: Constitutional Law: COL 101E, June Examination Paper 2010
- Full Text: false
- Date Issued: 2010-06
A critical analysis of the application of South African business rescue provisions on small to medium enterprises (SMEs)
- Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Authors: Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Date: 2021-09
- Subjects: Small business , Business enterprises , Business failures--Law and legislation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20328 , vital:45655
- Description: Small to Medium sized Enterprises (SMEs) play an essential role and can be described as the crucial bread and butter of the South African economy. They have the potential to create employment and skills development opportunities pertinent for sustainable economic growth. The unfortunate part is that South African Small to Medium sized Enterprises have the lowest survival rates in the world, resulting in high rates of business failure and job losses. This is because the South African economy does not favour SMEs, which are often burdened with structural hurdles including access to funding, lack of access to markets, inadequate skills, uncompetitive regulatory frameworks and technological disruptions. A developing economy such as South Africa cannot grow if companies facing financial difficulty are constantly liquidated. This is because the liquidation system does not offer companies an opportunity to restructure and possibly function within the context of raised concerns. In order to facilitate sustainable SMEs growth, the legislature has come up with statutory mechanisms to support SMEs and save them from total liquidation. Most recently, the Companies Act 71 of 2008 Chapter 6 introduces a business rescue mechanism applicable to all business structures established under the Act. The purpose of business rescue is to provide companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which are useful and efficient in saving the financially distressed company and possibly yielding a better return for the creditors than would have been the case if the company was liquidated. This new enactment is seen as both an improvement and necessary reform from its predecessor, judicial administration which has widely been condemned as a failure. However, despite this improvement, the application of the current business provisions to SMEs is questionable. Although Chapter 6 of the Act makes provision for SMEs, it also presents a number of stumbling blocks, including the fact that services of business rescue practitioners are out of reach for most SMEs in South Africa. The purpose of this study is to consider challenges faced by SMEs in the practical application of the current business rescue provisions. This study further emphasizes the importance of South African SMEs, whilst looking at their challenges and how the Companies Act 71 of 2008 provisions, regarding business rescue, assists SMEs. The study looks at the impediments of certain provisions of business rescue and proposes recommendations. , Thesis (MA) (Laws) -- University of Fort Hare, 2021
- Full Text:
- Date Issued: 2021-09
- Authors: Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Date: 2021-09
- Subjects: Small business , Business enterprises , Business failures--Law and legislation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20328 , vital:45655
- Description: Small to Medium sized Enterprises (SMEs) play an essential role and can be described as the crucial bread and butter of the South African economy. They have the potential to create employment and skills development opportunities pertinent for sustainable economic growth. The unfortunate part is that South African Small to Medium sized Enterprises have the lowest survival rates in the world, resulting in high rates of business failure and job losses. This is because the South African economy does not favour SMEs, which are often burdened with structural hurdles including access to funding, lack of access to markets, inadequate skills, uncompetitive regulatory frameworks and technological disruptions. A developing economy such as South Africa cannot grow if companies facing financial difficulty are constantly liquidated. This is because the liquidation system does not offer companies an opportunity to restructure and possibly function within the context of raised concerns. In order to facilitate sustainable SMEs growth, the legislature has come up with statutory mechanisms to support SMEs and save them from total liquidation. Most recently, the Companies Act 71 of 2008 Chapter 6 introduces a business rescue mechanism applicable to all business structures established under the Act. The purpose of business rescue is to provide companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which are useful and efficient in saving the financially distressed company and possibly yielding a better return for the creditors than would have been the case if the company was liquidated. This new enactment is seen as both an improvement and necessary reform from its predecessor, judicial administration which has widely been condemned as a failure. However, despite this improvement, the application of the current business provisions to SMEs is questionable. Although Chapter 6 of the Act makes provision for SMEs, it also presents a number of stumbling blocks, including the fact that services of business rescue practitioners are out of reach for most SMEs in South Africa. The purpose of this study is to consider challenges faced by SMEs in the practical application of the current business rescue provisions. This study further emphasizes the importance of South African SMEs, whilst looking at their challenges and how the Companies Act 71 of 2008 provisions, regarding business rescue, assists SMEs. The study looks at the impediments of certain provisions of business rescue and proposes recommendations. , Thesis (MA) (Laws) -- University of Fort Hare, 2021
- Full Text:
- Date Issued: 2021-09
Equal pay for equal work
- Authors: Paul, Gary William
- Date: 2016
- Subjects: Equal pay for equal work -- South Africa , Labor laws and legislation -- South Africa , Pay equity -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/5343 , vital:20830
- Description: The notion of Decent Work has been broadly advocated since 1999 by means of various International Labour Organisation (ILO) Conventions. Through these Conventions and as part of its Decent Work Agenda, the ILO strives to foster the creation of social and economic systems, capable of ensuring basic security and employment and adaptable to rapidly changing local and global economic circumstances. The Decent Work Agenda has been widely accepted as an important strategy to eradicate poverty and enable socio-economic development. It is submitted that the concept of Decent Work as contemplated by the ILO, firstly focuses on the payment of an income, which allows the working individual a good life. It secondly strives to ensure that everybody has an equal chance to develop themselves; that working conditions are safe; that there is no instance of child and forced labour; and that discrimination does not occur. The elimination of discrimination in the workplace is not only an ever-evolving pursuit, given that it continues to manifest in innumerable forms, but it has also proven to be an extremely pervasive pursuit as evidenced by the jurisdiction-specific literature review in this study. The jurisdictions focused on in this study are the United States of America, the United Kingdom and Australia. This study concerns itself with pay-related discrimination which strains ILO Conventions No 100 and 111. Convention 100 focuses on equal pay for equal work and Convention No 111 focuses on the elimination of all forms of discrimination in the workplace. In spite of extensive legislative developments in the various jurisdictions which form part of this study, enhanced by the creation of various practical mechanisms to enable the elimination of pay-related discrimination, the stubborn problem of discriminatory pay practices has survived structured and deliberate attempts to get rid of it. In South Africa, the amendment to section 6(4) of the Employment Equity Act, assented on 1 August 2014, specifically describes a difference in conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value based on any one or more of the grounds listed in section 6(1), as unfair discrimination. This amendment therefore seeks to prohibit such unfair discriminatory practices. Based on the newness of this amendment and the fact that courts have not yet delivered judgments arising from litigation related to this particular amendment, a sense of uncertainty exists with respect to the adequacy of the amended section 6 in the Employment Equity Amendment Act. If progress in the other jurisdictions in this regard is anything to go by, there is no reason to believe that the amendment to section 6 will be a panacea capable of addressing all alleged discriminatory pay practices.
- Full Text:
- Date Issued: 2016
- Authors: Paul, Gary William
- Date: 2016
- Subjects: Equal pay for equal work -- South Africa , Labor laws and legislation -- South Africa , Pay equity -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/5343 , vital:20830
- Description: The notion of Decent Work has been broadly advocated since 1999 by means of various International Labour Organisation (ILO) Conventions. Through these Conventions and as part of its Decent Work Agenda, the ILO strives to foster the creation of social and economic systems, capable of ensuring basic security and employment and adaptable to rapidly changing local and global economic circumstances. The Decent Work Agenda has been widely accepted as an important strategy to eradicate poverty and enable socio-economic development. It is submitted that the concept of Decent Work as contemplated by the ILO, firstly focuses on the payment of an income, which allows the working individual a good life. It secondly strives to ensure that everybody has an equal chance to develop themselves; that working conditions are safe; that there is no instance of child and forced labour; and that discrimination does not occur. The elimination of discrimination in the workplace is not only an ever-evolving pursuit, given that it continues to manifest in innumerable forms, but it has also proven to be an extremely pervasive pursuit as evidenced by the jurisdiction-specific literature review in this study. The jurisdictions focused on in this study are the United States of America, the United Kingdom and Australia. This study concerns itself with pay-related discrimination which strains ILO Conventions No 100 and 111. Convention 100 focuses on equal pay for equal work and Convention No 111 focuses on the elimination of all forms of discrimination in the workplace. In spite of extensive legislative developments in the various jurisdictions which form part of this study, enhanced by the creation of various practical mechanisms to enable the elimination of pay-related discrimination, the stubborn problem of discriminatory pay practices has survived structured and deliberate attempts to get rid of it. In South Africa, the amendment to section 6(4) of the Employment Equity Act, assented on 1 August 2014, specifically describes a difference in conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value based on any one or more of the grounds listed in section 6(1), as unfair discrimination. This amendment therefore seeks to prohibit such unfair discriminatory practices. Based on the newness of this amendment and the fact that courts have not yet delivered judgments arising from litigation related to this particular amendment, a sense of uncertainty exists with respect to the adequacy of the amended section 6 in the Employment Equity Amendment Act. If progress in the other jurisdictions in this regard is anything to go by, there is no reason to believe that the amendment to section 6 will be a panacea capable of addressing all alleged discriminatory pay practices.
- Full Text:
- Date Issued: 2016
The effective use of legal protection to combat stigma and discrimination related to HIV and AIDS in a workplace: a case study in kwa Zulu Natal
- Authors: Ndobeni, Zoliswa Nomawesile
- Date: 2018
- Subjects: AIDS (Disease) -- Law and legislation , Medical policy -- legislation & jurisprudence Public health -- legislation & jurisprudence HIV-positive persons -- Employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/32804 , vital:32365
- Description: Stigma and discrimination continue to be the leading cause of everyday cases of new HIV/AIDS infections in spite of the current legal and medical interventions available. The purpose of the study is to explore the effective use of legal protection in combating stigma and discrimination related to HIV/AIDS in the workplace. When it comes to fighting discrimination and stigma against people living with HIV/AIDS, it is still a challenge as these aspects prevent people from coming forward for testing and for prevention as well as treatment service. The rationale for conducting the study is to examine the relationship of the human rights as per the Constitution of South Africa and the spread and impact of HIV/AIDS on individuals in the workplace. The study is of significance to conduct as the research will further provide knowledge and awareness to both the employer and employee regarding the legal framework pertaining to HIV/AIDS and perhaps unintentional consequences of the legal framework to both the employer and employee concerning productivity and growth. Various legal frameworks were determined to address HIV pandemic in South Africa which constitutes one of the utmost challenges facing the nation as well as benchmarking international law. The structure and functioning of the workplace is a key possibility to address developmental inequities in South Africa. This includes the development of healthcare centres in the workplace. HIV testing involves a great deal of risks and consequences that may not be apparent to the patient. Hence, informed consent is required. Policies and guidelines have been put in place to protect employees. HIV clinicians now argue that HIV testing should be presented as a routine procedure, to remove social barriers and stigma. The present study recommends various programmes that may assist in minimizing stigma and discrimination of people living with HIV. This stigma prevent persons from testing for HIV status. The study also seeks to evaluate and review current policies concerning HIV/AIDS.
- Full Text:
- Date Issued: 2018
- Authors: Ndobeni, Zoliswa Nomawesile
- Date: 2018
- Subjects: AIDS (Disease) -- Law and legislation , Medical policy -- legislation & jurisprudence Public health -- legislation & jurisprudence HIV-positive persons -- Employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/32804 , vital:32365
- Description: Stigma and discrimination continue to be the leading cause of everyday cases of new HIV/AIDS infections in spite of the current legal and medical interventions available. The purpose of the study is to explore the effective use of legal protection in combating stigma and discrimination related to HIV/AIDS in the workplace. When it comes to fighting discrimination and stigma against people living with HIV/AIDS, it is still a challenge as these aspects prevent people from coming forward for testing and for prevention as well as treatment service. The rationale for conducting the study is to examine the relationship of the human rights as per the Constitution of South Africa and the spread and impact of HIV/AIDS on individuals in the workplace. The study is of significance to conduct as the research will further provide knowledge and awareness to both the employer and employee regarding the legal framework pertaining to HIV/AIDS and perhaps unintentional consequences of the legal framework to both the employer and employee concerning productivity and growth. Various legal frameworks were determined to address HIV pandemic in South Africa which constitutes one of the utmost challenges facing the nation as well as benchmarking international law. The structure and functioning of the workplace is a key possibility to address developmental inequities in South Africa. This includes the development of healthcare centres in the workplace. HIV testing involves a great deal of risks and consequences that may not be apparent to the patient. Hence, informed consent is required. Policies and guidelines have been put in place to protect employees. HIV clinicians now argue that HIV testing should be presented as a routine procedure, to remove social barriers and stigma. The present study recommends various programmes that may assist in minimizing stigma and discrimination of people living with HIV. This stigma prevent persons from testing for HIV status. The study also seeks to evaluate and review current policies concerning HIV/AIDS.
- Full Text:
- Date Issued: 2018
Commercial Law 2: LCM 221
- Authors: Stewart, S T , Visser, H M P
- Date: 2012-01
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17377 , http://hdl.handle.net/10353/d1009837
- Description: Commercial Law 2: LCM 221, supplementary/special examination January/February 2012.
- Full Text: false
- Date Issued: 2012-01
- Authors: Stewart, S T , Visser, H M P
- Date: 2012-01
- Subjects: Commercial law
- Language: English
- Type: Examination paper
- Identifier: vital:17377 , http://hdl.handle.net/10353/d1009837
- Description: Commercial Law 2: LCM 221, supplementary/special examination January/February 2012.
- Full Text: false
- Date Issued: 2012-01
Sexual abuse within the context of public education
- Authors: Strydom, Jeanette
- Date: 2012
- Subjects: Sexual harassment in education -- Law and legislation -- South Africa , Students -- Legal status, laws, etc. -- South Africa , Child sexual abuse by teachers , School violence -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10238 , http://hdl.handle.net/10948/d1012156 , Sexual harassment in education -- Law and legislation -- South Africa , Students -- Legal status, laws, etc. -- South Africa , Child sexual abuse by teachers , School violence -- South Africa
- Description: The South African Constitution is considered as supreme law. This piece of legislation overrides all others and states in section 28(2): “A child’s best interests are of paramount importance in every matter concerning the child”. This emphasises the significance of the right of the child in South African law, by stating that children are to be protected at all cost. This section of the constitution forms the basis of this thesis with regards to the child and the protections that are to be afforded to them in instances of sexual abuse by educators. In the last several years there has been an increase in the number of cases reported on the sexual abuse, rape, violence and harassment of learners by members of the schooling community. The statistics prove that sexual violence in the schooling system in South Africa is rampant and furthermore indicate that young girls and boys are not as safe as they deserve to be. A teacher or educator is a professional, who is to act in a professional manner at all times – in the course and scope of their employment as educators. When a parent leaves its child at school for the day the educators are acting in loco parentis – in place of parent – thus these children are to be protected, nurtured and cared for in the correct manner. Sexual abuse of a learner by an educator is a gross contravention of South African legislation, the South African Council of Educators (SACE) code of conduct as well as international codes by the International Labour Organisation (ILO), the United Nations (UN) and other conventions. It is therefore fitting that any perpetrator of such violence, disrespect and transgression is to be punished quickly and harshly. Educators who abuse children are to immediately be removed from the school system through dismissal and also be tried criminally. These offenders should also be added to the SACE sexual offenders’ database which needs to be open to the Department of Education (DOE) and more importantly the general public – allowing parents to make the best possible decisions when putting their children in schools, thus ensuring their safety. However, throughout this process the rights of the child are to be protected and regarded with prevailing sensitivity, and their innocence is to be sheltered from any further psychological and emotional harm caused due to the abuse. The South African Professional Society on the Abuse of Children (SAPSAC) argues that a constitutional injunction is powerless to protect a child from being victimised and traumatised by criminal activity.1 All the more should it be incumbent upon the criminal law and criminal procedure and upon the courts, their functionaries and practitioners who regulate its procedure and apply its principles to “protect children from abuse and (to) maximise opportunities for them to lead productive and happy lives … (and to) … create positive conditions for repair to take place”. The thesis that follows, using the principles summarised here, aims to: define sexual abuse of the child, the legal position in South Africa in relation to the sexual abuse of children and case law. Recommendations will then be made and a code of good practice will be established on how to deal with educators who sexually abuse their learners promptly, effectively – without causing any further harm to the child in question.
- Full Text:
- Date Issued: 2012
- Authors: Strydom, Jeanette
- Date: 2012
- Subjects: Sexual harassment in education -- Law and legislation -- South Africa , Students -- Legal status, laws, etc. -- South Africa , Child sexual abuse by teachers , School violence -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10238 , http://hdl.handle.net/10948/d1012156 , Sexual harassment in education -- Law and legislation -- South Africa , Students -- Legal status, laws, etc. -- South Africa , Child sexual abuse by teachers , School violence -- South Africa
- Description: The South African Constitution is considered as supreme law. This piece of legislation overrides all others and states in section 28(2): “A child’s best interests are of paramount importance in every matter concerning the child”. This emphasises the significance of the right of the child in South African law, by stating that children are to be protected at all cost. This section of the constitution forms the basis of this thesis with regards to the child and the protections that are to be afforded to them in instances of sexual abuse by educators. In the last several years there has been an increase in the number of cases reported on the sexual abuse, rape, violence and harassment of learners by members of the schooling community. The statistics prove that sexual violence in the schooling system in South Africa is rampant and furthermore indicate that young girls and boys are not as safe as they deserve to be. A teacher or educator is a professional, who is to act in a professional manner at all times – in the course and scope of their employment as educators. When a parent leaves its child at school for the day the educators are acting in loco parentis – in place of parent – thus these children are to be protected, nurtured and cared for in the correct manner. Sexual abuse of a learner by an educator is a gross contravention of South African legislation, the South African Council of Educators (SACE) code of conduct as well as international codes by the International Labour Organisation (ILO), the United Nations (UN) and other conventions. It is therefore fitting that any perpetrator of such violence, disrespect and transgression is to be punished quickly and harshly. Educators who abuse children are to immediately be removed from the school system through dismissal and also be tried criminally. These offenders should also be added to the SACE sexual offenders’ database which needs to be open to the Department of Education (DOE) and more importantly the general public – allowing parents to make the best possible decisions when putting their children in schools, thus ensuring their safety. However, throughout this process the rights of the child are to be protected and regarded with prevailing sensitivity, and their innocence is to be sheltered from any further psychological and emotional harm caused due to the abuse. The South African Professional Society on the Abuse of Children (SAPSAC) argues that a constitutional injunction is powerless to protect a child from being victimised and traumatised by criminal activity.1 All the more should it be incumbent upon the criminal law and criminal procedure and upon the courts, their functionaries and practitioners who regulate its procedure and apply its principles to “protect children from abuse and (to) maximise opportunities for them to lead productive and happy lives … (and to) … create positive conditions for repair to take place”. The thesis that follows, using the principles summarised here, aims to: define sexual abuse of the child, the legal position in South Africa in relation to the sexual abuse of children and case law. Recommendations will then be made and a code of good practice will be established on how to deal with educators who sexually abuse their learners promptly, effectively – without causing any further harm to the child in question.
- Full Text:
- Date Issued: 2012