Dissertations / Theses: 'Building laws – South Africa'

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Mazibuko, Patricia Ntombizodwa. "Redesign of core business processes of the national building regulations of South Africa." Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2351.

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Theses (MTech (Business Information Systems))--Cape Peninsula University of Technology, 2016.
This paper describes the redesigning processes of the National Building Regulations of South Africa. These processes are administered by the National Regulator for Compulsory Specifications (NRCS) in terms of the National Building Regulations and Building Standards Act 103 of 1977 (The Act). The application of the business processes and the Building Control Officers from various local authorities nation-wide who enforce the National Building Regulations and Building Standards Act, 103 of 1977 (hereinafter referred to as “the Act”) with particular reference to implementation of core regulatory business processes within the building industry in Southern Africa. The investigation was largely motivated by the high number of injuries, deaths and/or human lives affected adversely and reported due to collapsing and defective buildings. These disasters occurred at various Local Authorities, in private residential homes, government-owned buildings, abandoned and commercial buildings, such as shopping malls, have been investigated and reported by the Building Regulator, i.e. the NRCS in collaboration with the Department of Labour’s Commission of Enquiry between the years 2012 and 2014. The reports show that in those sectors of building, the local authorities’ Building Control Officers, as the legislated enforcers of the Building Regulations (with the oversight role played by the NRCS), experienced the highest levels of non-compliance by various parties who are affected by the Building Regulations, i.e. building owners or their legal representatives, built-environment professional practitioners and builders. This study applies the interpretive approach underpinned by qualitative methodology where interviews were used to collect data from building owners, prospective building owners, building occupants, built-environment practitioners, Local Authorities’ building control officers and The Regulator of the National Building Regulations. The empirical findings revealed that there is a critical need for business process review and strategy shifts that advance objectivity and benefits to compliance, visibility and awareness of regulatory process, the highlights of possible endangerment of human life due to non-compliance, the outlining of sanctions for failure to comply, and stakeholder liaison. The output is a re-module of business processes that will enforce and maintain compliance of the building regulations of South Africa.

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Temmers, Zsa-Zsa. "Building encroachments and compulsory transfer of ownership." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/5326.

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Thesis (LLD (Private Law))--University of Stellenbosch, 2010.
Bibliography
ENGLISH ABSTRACT: South African courts seem to be adopting a new approach to the problem of building encroachments. For pragmatic and policy reasons courts are now inclined to exercise its discretion in favour of leaving building encroachments in place, against compensation, despite the common law right to demand removal. It has been widely accepted that courts indeed have the discretion to award damages instead of removal of the building encroachment. However, the circumstances involved and the consequences of these orders are uncertain and hence these orders result in confusion. It is unclear how this discretion is exercised. Furthermore, it is uncertain whether this discretion includes the power to order transfer of the encroached-upon land to the encroacher. There are doctrinal and constitutional implications that may be triggered by these court orders that leave building encroachments in place. The doctrinal issues centre on what happens when an encroachment is not removed and nothing is said about the rights of the respective parties after the order is made. Possible solutions are investigated to provide a doctrinally sound outcome in encroachment disputes. It is clear that the encroacher is allowed to continue occupying the portion of property on which the encroachment is erected. It seems as though a use right is indirectly created when the encroachment remains in place. The constitutional difficulty lies in the fact that the court orders may result in infringements that conflict with section 25 of the Constitution. The focus is specifically to determine whether these orders result in the compulsory loss of property or property rights. With reference to Germany, the Netherlands and Australia, a comparative perspective is provided in order to support the doctrinal and policy arguments. The comparative law provides a source of guidelines for what may work effectively and informs the ultimate suggestion of this project, namely the need for legislation to regulate building encroachments in South Africa. The legislation envisaged would have to prescribe with at least some sort of certainty how and in which circumstances the discretion should be exercised. It should also provide clarity with regard to the right that is created when the encroachment is not removed and how the compensation that is awarded in exchange for removal, should be determined. The unnecessary confusion and uncertainty that result from court orders made in the context of building encroachments may be cleared up by legislation.
AFRIKAANSE OPSOMMING: Suid Afrikaanse howe begin al hoe meer om ‘n nuwe benadering te volg ten opsigte van oorskrydende bouwerke. Dit lyk asof howe meer geneig is om hul diskresie uit te oefen ten gunste daarvan om die oorskryding vir pragmatiese en beleidsredes teen vergoeding in stand te hou, ten spyte van die gemeenregtelike reg om verwydering te eis. Daar word algemeen aanvaar dat howe wel die diskresie het om in die konteks van oorskrydende bouwerke skadevergoeding toe te ken in plaas van verwydering. Die omstandighede betrokke by en die nagevolge van hierdie beslissings is egter onseker en daarom lei dit tot verwarring. Dit is nie altyd duidelik hoe hierdie diskresie uitgeoefen word nie. Daarbenewens is daar ook onsekerheid oor of die diskresie die bevoegdheid insluit om oordrag van die grond waarop die oorsrkryding staan, te gelas. Die beslissings kan ook doktrinêre en grondwetlike implikasies hê. In terme van die doktrinêre probleem is daar vrae oor wat gebeur as die oorskryding nie verwyder word nie en niks word gesê oor die regte van beide partye in die dispuut nie. Oplossings word ondersoek om die beste moontlike doktrinêre verduideliking te probeer vasstel. Die eienaar van die oorskrydende bouwerk mag voortgaan om die grond waarop die oorskryding staan te okkupeer. Dit lyk asof ‘n gebruiksreg indirek geskep word ten gunste van die oorskryder wanneer die oorskryding nie verwyder word nie. ‘n Grondwetlike probleem mag veroorsaak word deur die moontlike oortreding van artikel 25 van die Grondwet. Die beslissings mag lei tot die gedwonge verlies van grond of regte, wat aan die vereistes van artikel 25 moet voldoen. ‘n Vergelykende perspektief met verwysing na Duitsland, Nederland en Australië word verskaf om die doktrinêre en beleidsargumente te ondersteun. Die vergelykende reg bied ‘n bron van riglyne vir wat effektief kan werk en het dus die wetgewing wat in hierdie proefskrif voorgestel word geïnspireer. Die wetgewing wat beoog word sal moet voorskryf hoe en onder watter omstanghede die diskresie uitgeoefen moet word. Dit moet ook sekerheid gee ten opsigte van die reg wat geskep word as die oorskryding nie verwyder word nie en hoe die skadevergoeding bepaal moet word. Die onnodige verwaring en onsekerheid wat veroorsaak word deur hierdie hofbeslissings kan opgeklaar word deur die promulgering van wetgewing om oorskrydende bouwerke te reguleer.

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Teuteberg, Salomé Marjanne. "A framework for constitutional settlements : an analysis of diverging interpretations of the South African Constitution." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/96706.

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Thesis (PhD)--Stellenbosch University, 2015.
ENGLISH ABSTRACT: South Africa’s transition to democracy has been hailed as exemplary in the field of conflict resolution and constitution-making. The negotiated settlement was expected to serve as a consensual constitutional framework boding well for the newly democratic regime, but by 2014 evidence was accumulating of an emerging dissensus on the South African Constitution. The literature on the South African transition does not anticipate this emerging constitutional dissensus, or address the possibility that the constitution meant different things to different stakeholders. While there was widespread endorsement of the ratification of the constitution, an apparent divergence has emerged about its meaning and what is stands for. Many studies addressed the process of constitutional negotiations and the outcome thereof, but few examine the meaning that the original negotiators invested into this outcome. The study aimed to address whether this dissensus was present during the negotiating process (1990 - 1996), and whether the negotiators’ agreement on the formal text of the constitution obscures fundamentally diverging interpretations. The study is in the form of a qualitative, descriptive case study. This study created a novel conceptual framework within which to classify diverse interpretations. Perceptions of negotiated compromises in deeply divided societies were conceptualised in the form of Constitutional Contracts, Social Contracts and Benchmark Agreements. Original negotiators’ views and opinions were analysed in order to identify dispositions reconcilable with each of the concepts identified. This framework proved significantly helpful in identifying whether the views of the negotiators were divergent – on several levels, differences between negotiators during the negotiating period came to the fore. It became evident from the findings that there were indeed present among the ranks of the negotiators of the South African Constitution diverging interpretations of this outcome. It became clear that certain interpretations were more easily categorised than others: while being able to locate the views of some negotiators within the concepts of Constitutional Contract or Social Contract, identifying those views congruent with the Benchmark Agreement proved more difficult. Also, some negotiators’ views can be located within one, two or all of the categories. It became evident that while negotiators may be categorised within all three concepts of the framework, their opinions are not necessarily specific to the indicators of one single concept. This study brought significant insight into several concepts, including the Social Contract in a changing society. The Social Contract is identifiable within a system that fosters process over institutions, with specific focus on the working of the electoral system. The Social Contract is vested in the political culture as opposed to in the written text, but the written text does facilitate these types of processes by entrenching mechanisms for ongoing negotiation and revision. However, while some of these mechanisms exist within the Constitution, it does not mean that they are effectively used. Characteristics associated with the Social Contract, such as flexibility and an inclusive process, tend to be associated with longer lasting constitutions. The question remains whether South Africans should be actively seeking to build a Social Contract, and whether a Constitutional Contract can evolve into a Social Contract.
AFRIKAANSE OPSOMMING: Suid-Afrika se oorgang na demokrasie word beskou as ‘n uitnemende voorbeeld in die veld van konflikoplossing en die skryf van grondwette. Daar is verwag dat die onderhandelde skikking sal dien as ‘n ooreengekome grondwetlike raamwerk vir die nuwe demokratiese regime, maar teen 2014 het bewyse begin akkumuleer van ‘n opkomende dissensus oor die grondwet. Die literatuur oor die Suid-Afrikaanse oorgang antisipeer nie hierdie ontluikende grondwetlike dissensus nie, en spreek nie die moontlikheid aan dat die grondwet verskillende dinge vir verskillende rolspelers beteken nie. Alhoewel daar wydverspreide onderskrywing van die bekragtiging van die grondwet was, het daar ‘n klaarblyklike verdeeldheid na vore gekom oor wat die grondwet beteken, en waarvoor dit staan. Die proses van onderhandeling, sowel as die uitkoms in die formaat van die grondwet, is deur baie studies aangespreek, maar min ondersoek die betekenis wat die oorspronklike onderhandelaars in die uitkoms belê het. Dié studie is daarop gerig om ondersoek of hierdie onderliggende dissensus reeds tydens die onderhandelingsproses (1990 – 1996) teenwoordig was, en of die onderhandelaars se ooreenkoms oor die formele teks fundamenteel uiteenlopende interpretasies daarvan verberg. Die studie is in die vorm van 'n kwalitatiewe, beskrywende gevallestudie. ‘n Nuwe konseptuele raamwerk is ontwikkel waarbinne die diversiteit van opinie hieroor geklassifiseer kan word. Persepsies van onderhandelde kompromieë in diep verdeelde samelewings is gekonseptualiseer in die vorm van Grondwetlike Kontrakte, Sosiale Kontrakte en Maatstaf Ooreenkomste. Oorpsronklike onderhandelaars se standpunte en opinies is geanaliseer om gesindhede versoenbaar met elk van die konsepte te identifiseer. Hierdie raamwerk was nuttig om te identifiseer of die menings van die onderhandelaars uiteenlopend was. Verskille op verskeie vlakke het tussen die onderhandelaars tydens die onderhandelingstydperk na vore gekom. Dit is duidelik dat daar wel uiteenlopende interpretasies van hierdie uitkoms teenwoordig was binne die geledere van die onderhandelaars. Sekere interpretasies is makliker geklassifiseer as ander: die menings van sommige onderhandelaars kan as kongruent met die Grondwetlike Kontrak of die Sosiale Kontrak geidentifiseer word, maar dit was moeiliker om sienings ooreenstemmend met die Maatstaf Ooreenkoms te identifiseer. Sekere onderhandelaars se standpunte kan ook in een, twee of al drie kategorieë geplaas word. Dit het duidelik geword dat terwyl sekere onderhandelaars se opvattings binne al drie konsepte van die raamwerk geklassifiseer kan word, hul menings nie noodwendig spesifiek binne die aanwysers van 'n enkele konsep val nie. Hierdie studie het beduidende insig in verskeie konsepte gebied, insluitend die Sosiale Kontrak in 'n veranderende samelewing. Die Sosiale Kontrak is identifiseerbaar binne 'n stelsel wat die belangrikheid van proses oor instellings beklemtoon. Die Sosiale Kontrak berus in politieke kultuur, maar die geskrewe gondwetlike reëls fasiliteer hierdie tipe van prosesse deur die vestiging van meganismes vir voortgesette onderhandeling en hersiening. Hierdie verskynsel is tipies meer duidelik sienbaar in die werking van verskillende kiesstelsels. Alhoewel hierdie meganismes kan bestaan binne ‘n grondwet, beteken dit nie dat hulle doeltreffend gebruik word nie. Eienskappe wat verband hou met die Sosiale Kontrak, soos buigsaamheid en 'n inklusiewe proses, is geneig om verband te hou met 'n duursame en standhoudende grondwet. Die vraag bly staan of Suid-Afrikaners aktief op soek moet wees na die bou van ‘n Sosiale Kontrak, en of 'n Konstitusionele Kontrak kan ontwikkel om ‘n Sosiale Kontrak te vorm.

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Clarence, Sherran. "Enabling cumulative knowledge-building through teaching: a legitimation code theory analysis of pedagogic practice in law and political science." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1011763.

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Much current research and practice in teaching and learning in higher education tends to overfocus on social aspects of education; on how rather than what students are learning. Much of this research and practice is influenced by constructivism, which has a relativist stance on knowledge, generally arguing, contra positivism, that knowledge is constructed in socio-historical contexts and largely inseparable from those who construct it and from issues of power. This leads to a confusion of knowledge with knowing, and knowledge is thus obscured as an object of study because it is only seen or understood as knowing or as a subject of learning and teaching. This ‘knowledge-blindness’ (Maton 2013a: 4) is problematic in higher education because knowledge and knowing are two separate parts of educational fields, and while they need to be brought together to provide a whole account of these fields, they also need to be analysed and understood separately to avoid blurring necessary boundaries and to avoid confusing knowledge itself with how it can be known. Being able to see and analyse knowledge as an object with its own properties and powers is crucial for both epistemological access and social inclusion and justice, because knowledge and knowledge practices are at the heart of academic disciplines in universities. Social realism offers an alternative to the dilemma brought about by constructivism’s tendency towards knowledge-blindness. Social realism argues that it is possible to see and analyse both actors within social fields of practice as well as knowledge as something that is produced by these actors but also about more than just these actors and their practices; thus knowledge can be understood as emergent from these practices and fields but not reducible to them (Maton & Moore 2010). Social realism, drawing from Roy Bhaskar’s critical realist philosophy (1975, 2008), is intent on looking at the real structures and mechanisms that lie beneath appearances and practices in order to understand the ways in which these practices are shaped, and change over time. Legitimation Code Theory is a realist conceptual framework that has, as its central aim, the uncovering and analysis of organising principles that shape and change intellectual and education fields of production and reproduction of knowledge. In other words, the conceptual tools Legitimation Code Theory offers can enable an analysis of both knowledge and knowers within relational social fields of practice by enabling the analysis of the ways in which these fields, such as academic disciplines, are organised and how knowledge and knowing are understood in educational practice. This study draws on social realism more broadly and Legitimation Code Theory specifically to develop a relatively novel conceptual and explanatory framework within which to analyse and answer its central question regarding how to enable cumulative knowledge building through pedagogic practice. Using qualitative data from two academic disciplines, Law and Political Science, which was analysed using a set of conceptual and analytical tools drawn from Legitimation Code Theory, this study shows that the more nuanced and layered accounts of pedagogy that have been generated are able to provide valuable insights into what lecturers are doing as they teach in terms of helping students to acquire, use and produce disciplinary and ‘powerful’ knowledge (Young 2008b). Further, the study demonstrates that the organising principles underlying academic disciplines have a profound effect on how the role of the knower and the place or purpose of knowledge is understood in pedagogy and this affects how the pedagogy is designed and enacted. This study has argued that if we can research pedagogy rigorously using tools that allow us to see the real mechanisms and principles influencing and shaping it, and if we can reclaim the role of disciplinary knowledge as a central part of the pedagogic relationship between lecturer and students, then we can begin to see how teaching both enables and constrains cumulative learning. Further, we can change pedagogy to better enable cumulative learning and greater epistemological access to disciplinary knowledge and related practices for greater numbers of students. The study concludes by suggesting that the conceptual tools offered by Legitimation Code Theory can provide academic lecturers with a set of tools that can begin to enable them to 'see' and understand their own teaching more clearly, as well as the possible gaps between what they are teaching and what their students are learning. This study argues that a social realist approach to the study of pedagogy such as the one used here can begin not only to enable changes in pedagogy aimed at filling these gaps but also begin to provide a more rigorous theoretical and practical approach to analysing, understanding and enacting pedagogic practice. This, in turn, can lead to more socially just and inclusive student learning and epistemic and social access to the powerful knowledge and ways of knowing in their disciplines.

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Mayongo, Nwabisa. "Evaluating the quality of the national government self-help housing scheme in the Western Cape; before and after NHBRC involvement." Thesis, Cape Peninsula University of Technology, 2018. http://hdl.handle.net/20.500.11838/2819.

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Thesis (MTech (Business Administration in Project Management))--Cape Peninsula University of Technology, 2018.
According to Section 26 (1) of the constitution of Republic of South Africa, everyone has a right to have a satisfactory house to restore and honour the dignity of the South Africans. However South African government implemented several housing programmes to bridge the gap of housing backlog in South Africa. One of the housing programmes that South African government implemented is People Housing Process (PHP). It was approved in 1998 by South African government. South African government shifted focus on the quality of houses and mainly focused on the quantity of houses delivered through the financial year. There have been a lot of quality complaints on PHP. The quality defects are signs of foundation failures, cracks on foundations, water flooding around the houses, water not properly channelling to the drain, cracks on walls, dampness of walls, mould on walls, water seeping through the windows, poorly applied external plaster, incorrect bonding of internal walls to external walls, walls that are not straight walls, sagging ceiling panels, gable not properly filled with mortar, roof structure not properly tied up, sagging roof coverings, roof leaks, sagging roof tiles and ridges, rust on painted iron material, poor quality of blocks used, insufficient cement on mortar mix and peeling off paint. National Home Builders Registration Council (NHBRC) are the custodians of the home building industry. They were excluded from PHP from 1998 till March 2012. NHBRC was approved to inspect PHP house in April 2012. Thus, the aim of the study was to compare the houses that were built before NHBRC involvement in PHP with those that were built after NHBRC involvement in PHP. The sample included 50% of each of the two groups (those in houses built without NHBRC involvement and those built with NHBRC involvement), the research involved at least 50 respondents per group (McMillan, et al 2001:177 – recommends 15 respondents per group). The sample size per group has been put at 50 since the larger the sample the higher the accuracy. The study is classified as quantitative research because it intended to quantify the variation in occurrence, situation, problem or issue; the information was gathered using predominantly quantitative variables and the analysis was geared to ascertain the magnitude of the variation. The findings of the study revealed that the quality of the houses that were built under PHP programme before NHBRC intervention on PHP was not up to standard however the quality on those that were built after NHBRC involvement improved. Therefore it is recommended for Western Cape government to implement the rectification programme which was approved by National Department of Human Settlements in 2009 mainly focusing on houses that have been severely structurally compromised and are regarded as unfit for human habitation as it poses a threat to the health and safety of the occupants (The National Housing Code, 2009: 11-13).

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Strydom, Janke. "A hundred years of demolition orders : a constitutional analysis." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20260.

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Thesis (LLD)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: Ownership, and especially the ownership of land, consists of rights as well as duties. The social responsibilities of the owner depend on the prevailing needs of the public (as expressed in legislation) and are subject to change. Section 25(1) of the Constitution impliedly recognises the social obligations of the property owner insofar as it confirms that ownership can be regulated by the state in the public interest. Section 25(1) also sets requirements for the interference with property rights and, in so doing, recognises that the social obligations of the property owner are not without boundaries. In its landmark FNB decision the Constitutional Court gave content and structure to a section 25(1) challenge. The Constitutional Court held that deprivations will be arbitrary for purposes of section 25(1) if the law of general application does not provide sufficient reason for the deprivation or is procedurally unfair. The Constitutional Court elaborated that ‘sufficient reason’ had to be determined with reference to eight contextual factors which reflect the complexity of the relationships involved in the dispute. With reference to section 25(1) and FNB this dissertation considers the constitutional implications of two types of statutory interference with the owner’s right to use, enjoy and exploit his property. Firstly, the dissertation considers the owner’s statutory duty in terms of the National Building Regulations and Building Standards Act 103 of 1977 to demolish unlawful and illegal building works in certain instances. Secondly, the dissertation considers the limitations imposed by the National Heritage Resources Act of 25 of 1999 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) on the owner’s right to demolish historic or unlawfully occupied structures. This dissertation argues that building and development controls, historic preservation laws and anti-eviction legislation are legitimate exercises of the state’s police power. Generally, these statutory interferences with ownership will not amount to unconstitutional deprivation of property. Nevertheless, there are instances where regulatory laws cannot be applied inflexibly if doing so results in excessive interferences with property rights. The FNB substantive arbitrariness test indicates when the law imposes disproportionate burdens on land owners. Furthermore, the non-arbitrariness tests shows when it might be necessary to mitigate disproportionate burdens, imposed in terms of otherwise legitimate regulatory laws, by way of German-style equalisation measures, which are comparable to the constitutional damages granted by South African courts. This dissertation concludes that in the past century the South African legal system has progressed from the apartheid regime, which protected the rights and interests of the white minority, to a constitutional regime which safeguards the rights of all South Africans. There are two legal developments that may lead to positive change in the next century, namely active pursuance of the notion that ownership consists of rights and duties and the development of equalisation-style measures, incorporated into legislation, to alleviate excessive burdens imposed on property owners in the public interest.
AFRIKAANSE OPSOMMING: Eiendomsreg, veral eiendomsreg op grond, bestaan uit regte sowel as pligte. Die sosiale verantwoordelikhede van die eienaar word bepaal deur die heersende behoeftes van die publiek (soos in wetgewing beliggaam) en is onderhewig aan verandering. Artikel 25(1) van die Grondwet erken implisiet die sosiale verpligtinge van die eienaar in soverre dit bevestig dat eiendomsreg nie ŉ absolute reg is nie en dat dit deur die staat in die openbare belang gereguleer kan word. Artikel 25(1) koppel vereistes aan statutêre beperkings wat op die eienaar se regte geplaas kan word en erken daardeur dat die sosiale pligte van die eienaar nie onbegrens is nie. In die invloedryke FNB-beslissing het die Grondwethof inhoud en struktuur aan grondwetlike analise ingevolge artikel 25(1) gegee. Die Grondwethof het bepaal dat ŉ ontneming arbitrêr sal wees vir die doeleindes van artikel 25(1) as die algemeen geldende reg nie genoegsame rede vir die ontneming verskaf nie of as die ontnemingsproses prosedureel onbillik was. Die Grondwethof het uitgebrei dat ‘genoegsame rede’ bepaal moet word met verwysing na agt kontekstuele faktore wat die kompleksiteit van die verhoudinge wat in die geskil betrokke is, weerspieël. Met verwysing na artikel 25(1) en FNB oorweeg hierdie proefskrif die grondwetlike implikasies van twee tipes statutêre beperkinge wat deur wetgewing op eienaars se regte geplaas word. Eerstens neem die proefskrif die eienaar se statutêre plig ingevolge die Wet op Nasionale Bouregulasies en Boustandaarde 103 van 1977 om onwettige en onregmatige geboue en bouwerke te sloop, in oënskou. Tweedens oorweeg die proefskrif die beperkinge ingevolge die Wet op Nasionale Erfenishulpbronne 25 van 1999 en die Wet op die Voorkoming van Onwettige Uitsettings en Onregmatige Besetting van Grond 19 van 1998 op die eienaar se reg om historiese en onregmatige bewoonde strukture te sloop. Die proefskrif betoog dat bou- en ontwikkelingsbeheermaatreëls, historiese bewaringswette en uitsettingsvoorkomingswetgewing legitieme uitoefening van die staat se polisiëringsmag is. In die algemeen sal hierdie statutêre inmenging nie uitloop op ongrondwetlike ontneming van eiendom nie. Nietemin is daar gevalle waar die regulerende wette nie onbuigsaam toegepas kan word nie indien dit tot uitermatige inmenging met die eienaar se regte lei. Die FNB-toets vir substantiewe arbitrêre ontneming dui aan wanneer ‘n wet ŉ disproporsionele las op grondeienaars plaas. Verder wys die FNB-toets wanneer dit nodig mag wees om oneweredige laste, wat deur andersins regmatige regulerende wette opgelê is, te versag. Dit kan gedoen word deur middel van ŉ statutêre maatreël, geskoei op Duitse voorbeeld, wat vergelykbaar is met grondwetlike skadevergoeding wat deur Suid-Afrikaanse howe toegeken is. Hierdie proefskrif kom tot die gevolgtrekking dat die Suid-Afrikaanse regstelsel oor die afgelope eeu ontwikkel het van die apartheidsbestel, wat die regte en belange van die wit minderheid beskerm het, tot die huidige grondwetlike bestel wat die regte van alle Suid-Afrikaners beskerm. Twee ontwikkelinge kan tot positiewe verandering in die volgende eeu lei, naamlik aktiewe bevordering van die gedagte dat eiendomsreg uit regte en verpligtinge bestaan en ontwikkeling van statutêre maatreëls wat die uitermatige las wat in die openbare belang op eienaars geplaas word, te verlig.

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Kutumela, Malose Titus. "Legislative framework governing labour broking in South Africa." Thesis, University of Limpopo (Turfloop Campus), 2013. http://hdl.handle.net/10386/1134.

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Thesis (LLM (Labour law)) --University of Limpopo, 2013
The study will analyse section 198 of the Labour Relations Act of 66 of 1995. The section is the founding provision of labour broking and also provides for joint and several liabilities between the client and the broker in instances of infringement of this section. The utilization of labour brokers in South Africa has sparked debates between various stake-holders, with the other side arguing that labour broking should be banned it diminishes the rights of employees. In order to resolve the challenge relating to labour broking the study will make comparative analysis with the Namibian jurisprudence. The study takes full cognize of legislative framework governing labour broking and determines whether the available legislation provide full protection of labour rights. Through case law the study will highlight the constitutional challenges o labour broking in South Africa and challenges faced by employees employees employed through labour broking. The study concludes tht the regulation of labour broking is appropriate as the industry creates employment nd thus alleviates poverty and that the total ban labour broking in South Africa would be detrimental to those who seek employment without the necessary skills and qualifications.

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Mangammbi, Mafanywa Jeffrey. "The laws regulating beneficiary funds in South Africa : a critical analysis." Thesis, University of Limpopo (Turfloop Campus), 2013. http://hdl.handle.net/10386/1165.

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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013
This mini-dissertation evaluates the laws regulating beneficiary funds in South Africa. A beneficiary fund is a fund established for the purposes of accepting lump sum death benefits awarded in terms of Section37C of the Pension Funds Act (the Act) to a beneficiary (dependant or nominee) on the death of a member, which are not paid directly to that beneficiary or to a trust nominated by the member, or to the member’s estate or to the guardian’s fund. This replaces the previous payments to trusts and a fund can now only pay to a trust if the trust was nominated by the member, a major dependant or nominee; a person recognised in law or appointed by a court as the person responsible for managing the affairs or meeting the daily care needs of a minor or incapacitated major dependant or nominee. Any association of persons or business carried on under a fund or arrangement established with the object of receiving, administering, investing and paying benefits, referred to in section 37C on behalf of beneficiaries, payable on the death of more than one member of one or more pension funds is a beneficiary fund and must be registered by the Financial Services Board and approved. Beneficiary funds were introduced as a result of the amendments to the Pension Funds Act into the Financial Services Laws General Amendment Act, 22 of 2008. The beneficiary funds were introduced with stronger regulatory framework. They have sufficient governance, reporting requirements and conduct annual audits.

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9

Cumberlege, Roy Charles. "The effectiveness of the Joint Building Contracts Committee Series 2000 Principal Building Agreement." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/768.

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With the growth experienced in the Building Industry, it is increasingly important to have a contract document that can be used on projects that is reasonably acceptable to all parties concerned. The objective of the research was to determine the effectiveness of the Joint Building Contracts Committee Series 2000 Principal Building Agreement (JBCC 2000 PBA)(Edition 4.1, March 2005) currently used in the Building Industry. The literature reviewed and results of quantitative research amongst contractors formed the basis of this study. The study revealed that the JBCC 2000 PBA is the most favourable contract document used by contractors in the Building Industry. With the inclusion of a range of construction guarantee alternatives in the contract document in lieu of the retention clause, more than half of the respondents have indicated that they are in favour of a retention clause to be included in the contract document as an alternative security option. The study also showed that there are still areas of concern with regards to the difficulty in interpreting and implementing numerous clauses of the document and that amendments were made to the document without legal advice, resulting in disputes. The research further also revealed that developing building contractors experience difficulties in general where the JBCC 2000 PBA is used as contract document on projects. There also seems to be no balance of risk between the employer and contractor in most cases where this contract document is used. The research concluded with proposals on revisions to some clauses to ensure a better contract document that will be acceptable to all contractors in the Building Industry and ultimately to be an internationally acceptable document.

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Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.

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The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislative instruments must address the following issues: The principle of the best interest of the child; the age of criminal responsibility; restorative justice; diversion; and the trials of children in conflict with the law. The above-mentioned instrument require and emphasise the use of an alternative approach in respect of the children who are in conflict with law. In this research a comparative approach is used to compare the South African and South Sudanese child justice legislative instruments. The legislative instruments pertaining to child justice in both countries are set out and compared. It is concluded that the South African legislative instruments are more aligned to the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. Recommendations and proposals are made to enact to adopt in South Sudan new legislative measures and provisions aim to afford more protection to children in conflict with the law and to strike a better balance between rights of a child and victim of crimes.

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11

Stinson, Andrew Todd. "National identity and nation-building in post-apartheid South Africa." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1003042.

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Throughout South Africa’s post-Apartheid history, the ANC-led government has undertaken a distinct nation-building program in pursuit of “a truly united, democratic and prosperous South Africa” (ANC, 2007). This is reflected in a two-pronged approach, coupling political and socioeconomic transformation with the social-psychological aspect of forging a broad and inclusive national consciousness. The ANC’s “rainbow nation” approach embraces cultural diversity through what I shall call the practice of “interculturalism”. Interculturalism is a way of recognizing commonalities, reducing tensions and promoting the formation of social partnerships among different cultural groups. The ANC has also promoted a civic culture based on the principles of liberal democracy, non-racism, equality and the protection of individual rights. Interculturalism and civic nationalism are critically important factors to South African nation-building since together they foster a shared public culture and support meaningful participation in the creation of a truly just and democratic South Africa. Unfortunately, in many ways South African society remains deeply divided by race, ethnicity and economic inequality. This thesis analyses various theoretical approaches to national identity and nationbuilding with the aim of identifying several concepts which arguably throw light on the problems of South African nation-building and national identity formation. It is argued that interculturalism and civic nationalism are context appropriate approaches which have been adopted by the ANC to further an inclusive sense of shared public culture and promote participation in the creation of a shared public future. These approaches have led to the limited emergence of a broad South African national identity. However, South Africa’s commitment to socio-economic transformation has been less successful in generating widespread support for a broad national identity. While some of those previously disadvantaged under Apartheid have benefited from poverty alleviation schemes, service delivery initiatives and black economic empowerment programs, many continue to suffer from homelessness, unemployment and worsening economic conditions. Increasing economic marginalization has caused growing discontent among South Africa’s poor and constitutes the biggest threat to the formation of a cohesive national identity in South African society. Ultimately, it is argued that while interculturalism and civic nationalism have played an important role in fostering the growth of a broad national identity, true South African social cohesion will fail to emerge without a massive and sustained commitment to wide-ranging socio-economic transformation.

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12

Portellas, Laverne Fleur. "A critical analysis of child trafficking laws and policies in South Africa." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12665.

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Includes bibliographical references.
The trafficking of children has been recognised by the international community as a transnational organised crime that affects children globally. As the child rights movement has grown in momentum over the last few decades, so has the concern regarding the exploitation of children. Child trafficking is certainly one of the gravest forms of abuse currently perpetuated against a child and his/her rights. Despite the numerous policy documents, international treaties and various other legal documents prohibiting the sale of children for any purpose; these documents have not resulted in the decrease or elimination of child trafficking. This paper will engage with child trafficking through a human rights lens in order to highlight the full extent of child abuse perpetuated by child trafficking. It is due to the very nature of child trafficking that resulted in the international and regional community enacting legal instruments to deal with different aspects of this crime. These instruments require states to prevent and punish the trafficking of children. This paper will examine South Africa s child trafficking laws and policies having regard to its international and regional obligations.

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13

Mokhesi, Sebetlela Petrus. "Nation-building in South Africa : Mandela and Mbeki compared." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53513.

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Thesis (MPhil)--Stellenbosch University, 2003.
ENGLISH ABSTRACT: This thesis deals with nation-building in South Africa since 1994 with a view to finding out the direction taken by nation-building since then. This issue has been and it still is a controversial issue in South Africa. The new dispensation in South Africa occasioned a need for the creation of new national institutions, leaders and policies for the nation. Hence, an inclusive/liberal nation-building programme was put in place. Since 1994 this programme has been carried out by two presidents, namely former president Mandela (1994-1999) and President Mbeki (1999-2002+) respectively. Nevertheless, these two leaders do not only subscribe to different philosophies but also have two divergent approaches to nation-building. Although they are both individualists, Mandela is Charterist whereas Mbeki is an Africanist. Moreover, Mandela promoted nation-building through reconciliation and corporatism. Mbeki's approach to nation-building, on the contrary, emphasises transformation and empowerment through the market. These approaches seem contradictory and thus mutually exclusive. This does not augur weU for fragile democracy of South Africa. Therefore, an attempt will be made to find out whether this is true and thus finding out the direction taken by nationbuilding. This will be done by comparing the Mandela and Mbeki approaches to nation-building.
AFRIKAANSE OPSOMMING: Hierdie werkstuk handeloor nasiebou in Suid-Afrika sedert 1994, met die doelom die tendense sedertdien te bepaal. Dit was en is steeds 'n kontroversiële kwessie in Suid- Afrika. Die nuwe bedeling in Suid-Afrika het dit noodsaaklik gemaak dat nuwe instellings, leiers en beleide in die nasie tot stand sal kom. Daar is vervolgens op 'n inklusiewe/liberale nasiebou program besluit. Sedert 1994 was dit uitgevoer onder die leierskap van twee presidente, te wete Mandela (1994-1999) en Mbeki (1999-2002+) respektiewelik. Dié twee leiers onderskryf verskillende filosofieë en het ook verskillende benaderings tot nasiebou. Beide is individualiste, en Mandela die Charteris terwyl Mbeki weer die Afrikanis is. Meer spesifiek, Mandela het nasiebou bevorder deur versoening en korporatisme te bevorder. Mbeki aan die ander kant, plaas weer klem op transformasie en bemagtiging deur die mark. Hierdie benaderings skyn teenstrydig te wees. Daarom is 'n poging aangewend om te bepaal hoe insiggewend die verskille is en wat die tendense is. Moontlik spel dit niks goeds vir die nuwe demokrasie nie. Dit is gedoen deur Mandela en Mbeki sistematies te vergelyk.

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Fikelepi, Ursula Nobulali. "Guiding principles on building sustainable SOEs in South Africa." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/23805.

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This paper examines the performance of SOEs in developing countries in competitive sectors such as aviation, telecommunications and energy to ascertain whether there are any common principles that determine such performance. Through a case study analysis and interviews with executive managers of South Africa’s SOEs, the paper will determine whether the common principles ascertained in the successful performance of the other developing countries’ SOEs can be applied to South Africa and whether any differences in principle exist between South African SOEs and other developing country SOEs. The paper uses the strategic management schools of organisational and institutional theory, agency theory and the resource based view to determine if there are any differences in principle between SOEs in South Africa and other developing countries. The paper also explores whether the environments and contexts of the different SOEs materially impacts their performance and ability to create a competitive advantage over a sustained period. A qualitative approach was used given that this is an explorative study, to provide better insights and in-depth discussion on the relatively new issues that have not been studied in great detail before. The main research findings are that successfully performing SOEs from developing countries exhibit certain common factors that can be applied by SOEs seeking to reform and improve their performance across developing countries. Copyright
Dissertation (MBA)--University of Pretoria, 2010.
Gordon Institute of Business Science (GIBS)
unrestricted

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Fomosoh, Raymond Awa. "Globalisation and work regulation in South Africa." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8106_1310982701.

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This research paper examines the different forms of employment patterns that have emerged as a result of globalisation as well as the mechanisms that have been used by the legislator to accommodate those in non-standard employment relationships.

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Ntwasa, Bayanda. "Traditional leadership and the use of cultural laws in land administration: implications for rural women's land rights in a transforming South Africa." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/134.

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This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.

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Chien, Li-Fen. "Do existing laws in South Africa hold directors personally liable for environmental transgressions?" University of the Western Cape, 2020. http://hdl.handle.net/11394/8008.

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Magister Legum - LLM
The number of environmental offences taking place continues to increase each year. Despite the special position of responsibility occupied by directors as the ‘directing mind and will’ of the companies responsible for the commission of these offences, directors appear to continue to be shielded unconditionally behind the separate legal personality of the company. This thesis consists of a thorough examination of existing environmental laws, as well as the Companies Act 71 of 2008 and the King IV Report on Corporate Governance, to determine whether the provisions contained therein may be interpreted so as to depart from the principle of separate legal personality (as provided for by corporate law) in order to hold directors personally liable for environmental transgressions.

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Penfold, Jacqueline Ann. "Proposed basic workplace skills plan for small and micro building contractors." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/413.

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The objective of this research was to establish a means to assist, and ultimately encourage, small and micro building contractors to develop and submit a Workplace Skills Plan (WSP) that both qualifies for levy grant recovery and provides strategic value to the organisation. Targeted contractors are those who do not have the know-how necessary to develop such a WSP. Thus the need for a basic approach or model that will, through its simplicity and ease of application, assist and encourage such contractors nonetheless to undertake the process. Achieving this objective required a detailed examination of relevant literature and legislation, to identify the basic or minimum requirements for developing a strategic WSP and for meeting grant recovery regulations respectively. Newly released grant recovery regulations were examined to identify the implications thereof, and to establish the minimum legislative requirements, for the WSPs of small and micro contractors. Existing relevant general training and training needs assessment models were examined to identify the requirements for developing a strategic WSP. To establish the minimum strategic requirements it was necessary to firstly identify all the requirements proposed by the different models for identifying and meeting the training needs of an organisation, and thereafter reach a decision regarding which could be considered as minimum requirements. The decision rule for selection as a minimum strategic requirement was inclusion in all the surveyed models. To enable a less subjective analysis than relying solely on the opinion of the researcher, a content analysis was selected as the research technique, as the steps of a typical content analysis include a number of measures to increase objectivity. The legislative and strategic requirements identified by the study were converted into a series of simple sequential action steps to formulate a practical model that would guide the targeted contractors through the process of developing a value-adding WSP.

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Hlatshwayo, Sizakele Thembisile. "The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa." Thesis, University of the Western Cape, 2002. http://etd.uwc.ac.za/index.php?module=etd&amp.

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20

Orman, Jon. "Language policy and nation-building in post-apartheid South Africa." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1572.

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While not essential, the link between language and national identity is nevertheless often a highly important and salient one, a fact illustrated by the centrality of linguistic concerns in many nationalist discourses throughout the world. As a result of this linkage, it is understandable that those seeking to create or manipulate national identities have habitually attempted to do so through the formulation and implementation of language policy and planning. This thesis develops a broad theoretical framework for the study of national identity and language policy. Of particular interest is the manner in which these two phenomena frequently interact and the societal consequences of that interaction. South Africa represents a fascinating historical and contemporary context in which to investigate the effect of language policy and planning on the formation of social identities. From the earliest stages of European colonisation to the present day, successive governing regimes have attempted to manipulate the various ethnic and national identities of the South African population to suit their own ideological agendas. In the post-apartheid era, much has been made of the government's official policy commitment to promote 'nation-building' through the institutionalisation of genuinely multilingual practices in public life. In reality, though, public life in present-day South Africa is notable for its increasingly monolingual-English character. This contradiction between official policy and actual linguistic practices is symptomatic of the hegemony of an implicit 'English-only' ideology that permeates most governmental and public organisations. This has led to a situation of highly salient language-based identity conflict between many Afrikaans speakers resentful of the decreasing presence of Afrikaans in public life and those loyal to the de facto monolingual model of nationhood promoted by the ANC. But perhaps the most pernicious consequence of this increasing dominance of English has been its entrenchment of elitist governing practices that ensure the continued socio-economic marginalisation of African language speakers who constitute the large majority of South African citizens. If language planners are to convincingly address this problem, it is clear that a radically alternative model of language policy and national integration needs to be promoted and adopted.

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21

Bloem, M. G. "A comparison of new provincial planning laws." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52063.

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Thesis (MS en S)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: In terms of the Constitution (108 of 1996) provinces are given the responsibility for planning. Following the history of provincial planning it can be seen that the context of spatial planning have changed dramatically. This can be linked to changes in planning theory. The legal and policy environment for provincial planning have been shaped by different national departments concerned with planning. The Development Facilitation Act (67 of 1995) a key piece of legislation moved towards a normative based system for planning. Provinces were given the opportunity to introduce provincial specific legislation for planning. Since 1994 only four provinces the Western Cape, Northern Cape, Gauteng and KwaZulu- Natal have introduced Acts or Bills. To assist the remaining five provinces in introducing province specific planning legislation it is important to establish if the different systems are moving towards conformity. Through analysis of the different systems, mechanisms and institutions, a comparison and evaluation of the different Act and Bills it was established that the provincial planning systems are to a large extent similar and in deed moving towards conformity.
AFRIKAANSE OPSOMMING: Provinsies is verantwoordelik vir beplanning volgens bepalings in die Grondwet (108 van 1996). Deur 'n historiese oorsig van provinsiale beplanning word dit duidelik dat die konteks van ruimtelike beplanning dramaties oor tyd verander het. Hierdie verandering kan gekoppel word aan verandering in beplanningsteorie. Die wetlike en beleidsomgewing van provinsiale beplanning is dinamies. Hierdie veranderende omgewing word geskep deur die invloed van verskillende nasionale departemente wat betrokke is by beplanning. 'n Toonaangewende wet die Wet op Ontwikkelingsfasilitering (67 van 1995) het beweeg na 'n normatief gebasseerde sisteem vir beplanning. Provinsies word die geleentheid gebied om wetgewing daar te stel wat handel oor beplanning. Sedert 1994 het slegs vier provinsies - die Wes-Kaap, Noord-Kaap, Gauteng en KwaZulu- Natal wette o fwetsontwerpe opgestel. In 'n poging om die oorblywende provinsies te help om hul eie wetgewing op te stel is dit van belang om te bepaal tot watter mate die verskillende sisteme van provinsiale beplanning beweeg na konformiteit. Deur 'n analise en vergelyking van die verskillende sisteme, meganismes en instellings, gevolg deur 'n evaluering, is daar bevind dat die provinsiale beplanningsisteme ooreenkomste toon en daadwerklik beweeg na konformiteit.

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22

Coetzer, Casper. "Capacity building through sustainable operations and maintenance : the Zeerust wastewater treatment." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/97275.

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Thesis (MBA)--Stellenbosch University, 2015.
ENGLISH ABSTRACT: Providing basic access to water and sanitation is critical for poverty alleviation and stimulating economic growth, but at the same time it is putting a huge strain on South Africa’s existing economic infrastructure. Local governments allow their existing wastewater infrastructure to deteriorate to the extent that it no longer functions according to its design, and then apply for capital funding for refurbishment. Capital investment alone will not provide a sustainable solution to meet the increased demand on the ageing wastewater infrastructure, since local governments do not have the financial means and technical capacity to adequately maintain and operate their infrastructure. A paradigm shift is required to develop alternative and innovative business models to ensure a sustainable solution providing continued and consistent capacity as a basis for further expansion. Public-private partnerships (PPP) could provide a feasible solution towards building a sustainable technical capacity at local governments. Engaging the private sector must however not be aimed towards access to private sector finance, but rather the improvement in operational efficiency and increased level in service. Obtaining private sector finances will be the wrong focus for engaging in PPP undertakings in South Africa. Private operation must be combined with public financing. The design-build-operate (DBO) model with public financing would be highly viable. Such an arrangement will hold no financial risk to the private sector entity with revenue collection strictly remaining a local government function. The DBO method of delivery (with public funding) will be an effective way to realize cost savings, achieve efficiencies in construction and operation, utilize expertise, and most importantly, for skills transfers and capacity building at local government level. Ultimate sustainability will only be achieved once local government is able to raise the majority of its own funds for operation and maintenance through tariffs and other instruments, including some towards capital redemption. Grant funding must make provision for maintenance and operation of all capital funded projects. All shareholders must join forces in lobbying this concept at the highest political echelons because in terms of Section 154 of the Bill of Rights, national and provincial governments have a duty towards local governments to support and strengthen their capacity, to effectively perform their functions.

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Crompton, Mark Stanley. "An appraisal of strike law in South Africa." Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/379.

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The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to the introduction of a more inclusive system of regulation, which has in turn been modified to bring the law into line with the new constitutional imperatives. Industrial action occurred, often unregulated and regardless of statutory limitations, and in particular that industrial action which related to mass protest action, now recognized as a specific form of strike. The now repealed Labour Relations Act 28 of 1956 is examined with regard to its strike regulating provisions, and identification of what were then new, unrecognized forms of strike action. It has allowed concepts and principles to be developed, under the unfair labour practice jurisdiction of the Industrial Court, much of which has been incorporated in the new Labour Relations Act. The legislation on strike law, which has been developed over the years, has been refined by the constitutional imperatives introduced to the national legal system. The relevant aspects of the new Constitution Act 108 of 1996 and its pervasive effect on strike law are examined. The right to strike in South African labour law, together with the protection of collective bargaining, is now constitutionally entrenched, and the right to strike is now accepted as a necessary adjunct to collective bargaining. It is necessary to give effect to the Constitution in national legislation, and the Labour Relations Act 66 of 1995 endeavours to accomplish this in chapter IV in regard to strike law, which, it could be argued, limits rather than gives expression to the right to strike. iii The Labour Relations Act of 1995 is then discussed with reference to protected and prohibited strikes, and unregulated strike action. It will be evident that the Act has endeavoured to contain unprocedural and productivity draining industrial action, by subjecting rights disputes to arbitration and Labour Court adjudication, subject to certain exceptions. The recourse to lock-out, as the employer’s prerogative and general corollary of strike action, is briefly discussed. The case law relating to strikes is discussed in respect of both the 1956 Act and the new Labour Relations Act of 1995. Among the issues explored are the strike provisions which have been developed in statute and labour related common law, such as the identification of issues in dispute, notice of strike, the issuing of ultimatums, the audi altarem partem rule and the court’s approach to protected and unprotected strikes. The intention is to determine trends resulting from amendments to the law and draw inferences regarding, in particular, the unregulated form of strikes that occur within the scope of the protections offered by the Act. It is the intention to determine whether the desired effect has been achieved by implementing legislative reforms in response to public policy considerations.

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Gauss, Tanja Claudine. "The extension of employment rights to employees who work unlawfully." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1569.

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South Africa has over the years and particularly since the enactment of our new Constitution, attracted an increasing number of foreigners. One of the main problems associated with the large number of illegal immigrants in this country is that they are placing strain on South Africa‟s already scare resources such as housing and healthcare. A further problem is that these illegal immigrants are competing with South Africans for jobs which are already scarce, and thus aggravating the unemployment situation. Nevertheless, these illegal immigrants are being employed and by virtue of their circumstances are easily exploited and often the victims of cheap labour, corruption, eviction and assault. Given that these workers are illegal immigrants not in possession of the required work permits, their employment is prohibited by the Immigration Act 13 of 2002. They are thus illegal workers. Another category of illegal workers are those, predominantly women, who are employed in an industry which offers easy income with no contractual obligations – the prostitution industry. Despite the prohibition of prostitution by the Sexual Offences Act 23 of 1957, the prostitution industry throughout South Africa continues to exist. These workers are also particularly vulnerable and easily exploited and abused by their employers. Illegal immigrants and sex workers in South Africa have until recently been denied access to the protection of our labour legislation, by virtue of the illegality of their employment contracts. However two recent controversial decisions, that of the Labour Court in the Discovery Health case, and that of the Labour Appeal Court in the Kylie case, have changed this position.

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Roberts, Tamaryn Jean. "Farm wages and working conditions in the Albany District, 1957-2008." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002712.

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Agriculture is a major employer of labour in South Africa with about 8.8% of the total labour force directly involved in agricultural production (StatsSA, 2007a). Farm wages and working conditions in the Albany district were researched in 1957 by Roberts (1958) and 1977 by Antrobus (1984). Research in 2008, involving face-to-face interviews of a sample survey of 40 Albany farmers, was undertaken to update the situation facing farm labourers and allowed for comparisons with the work previously done. Farm workers were governed by common law until 1994 when the government intervened with legislation. The introduction of the Basic Conditions of Employment Act (1997) for farm workers, amended in 2002 to include minimum wage legislation, and the Extension of Security of Tenure Act (ESTA) of 1997 impacted the supply and demand of farm workers. Other impacts have been due to the Albany district experiencing an increase in the establishment of Private Game Reserves and game-tourism with a simultaneous decline in conventional farming. It was concluded from the survey conducted that minimum wage legislation decreased the demand for regular and increased the demand for casual labour, which incur lower costs including transaction costs, than their regular counterparts. The ESTA of 1997 contributed to a decreased number of farm residents, which had spin-off affects on the supply of labour. Farmers experienced a simultaneous price-cost squeeze, which furthermore decreased the demand for labour. Studying the working and living conditions showed that farm workers had limited access to educational and recreational facilities which negatively impacted the supply of labour.

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Froise, Timothy. "Building Information Modelling as a catalyst for an Integrated Construction Project Delivery culture in South Africa." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020872.

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The importance of technology in construction partnering agreements has been recognised as a vital part of integrated project delivery (IPD) philosophy. Building information modelling (BIM) is increasingly being used by consultants in South Africa during the design phase of construction projects. However, its use is generally not aimed at an integrated project delivery approach, but rather as a tool to generate documentation, as BIM is generally more efficient than traditional computer aided design (CAD) software. For the full benefits of BIM to be realised, a greater degree of acculturation is required between construction project organisations (CPOs). The current cultures of CPOs are separationist in nature and tend to inhibit acculturation within the industry. BIM provides a central source of information that can improve communications between CPOs and foster a collaborative culture. The research examines IPD and BIM in the South African context and investigates how BIM can contribute to IPD. A survey was conducted among registered contractors from the three top grades and architecture practices from two regions in South Africa. The survey was placed in context by a case study that analysed the use of BIM and the resulting communication network seen in a public works project using typical procurement methods. The associated problems with the current accepted paradigm are illuminated by the research.

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Ngwadla, Xolisa. "An evaluation of building sustainability considerations in South Africa : a case of the SAIAB building." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1008375.

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The theory of sustainable development has received worldwide acceptance, and is characterised by the protection of environmental quality, social justice and economic development to ensure a quality of life for future generations. The concepts of sustainable development have transcended to all aspects of society, including the built environment through the Habitat Agenda and building sustainability rating tools. The thesis investigates the implications of sustainable development on how it relates to the building construction industry in South Africa. The study sought to evaluate the extent of consideration and motivation for the incorporation of sustainability criteria in building design, using the case of the South African Institute for Aquatic Biodiversity wet collection facility in Grahamstown. The goal of the thesis was achieved by evaluating sustainability considerations and barriers to adoption of sustainability criteria in the design of the SAlAB building, the rating of the building against the LEED ™ criteria, and evaluation of the applicability of the LEED ™ in the South African context. The importance of the research emanates from the fact that, despite the proliferation of sustainable development and sustainability rating tools in the world, there is no widely used building sustainability rating tool in South Africa, even though the country is industrialising with a very active built environment. The study therefore contributes to the body of knowledge necessary for the implementation of a building rating tool in the country, through an understanding of barriers to implementation. The research method used in the study was a case study with the intention of obtaining the design professional's considerations and challenges in the context of designing the SAIAB building. The case study used multiple data collection methods, with primary information obtained from interviews of professionals involved in the design of the building, whilst additional information was from analysis of technical drawings and review of literature on the subject. The findings of the research showed that there is an understanding of sustainability and consideration in the building industry even though there is no targeted intent to meet sustainability goals. The barriers to building sustainability were identified as lack of regulation, incentives, access to land, awareness, availability of professional codes and standards, economic costs and capacity. These barriers translated into a relatively low score, a silver rating for the SAlAB building when using the LEEDTM rating system. The implications of the findings suggests a need for the development of a comprehensive building sustainability rating tool suited for the South African context, with performance standards and a technical manual to support it. This should however be done in an environment where sustainability goals are supported by regulation and incentives have been developed.

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Broeckaert, Logan. ""A triumph of the new South Africa over the old:" heritage and nation-building in South Africa, 1994-1999." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=18711.

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Nelson Mandela's presidency, marked especially by the proceedings of the Truth and Reconciliation Commission, fostered a context in which the South African heritage industry was encouraged to promote the core values of reconciliation, unity and diversity, the underpinning of the president's nation-building project. District Six and Robben Island Museums are assessed as two of the most prominent heritage sites for the commemoration of apartheid in South Africa. Despite their differences--District Six began as a local museum with little government funding, while Robben Island was destined to be South Africa's most recognised heritage site and its largest recipient of government monies—both institutions were transformed into sites that promoted the government's vision of the new South Africa. Ultimately, the needs of the nation-building project marginalised the problems of nostalgia, romanticisation, omission and silencing that occurred at both institutions between 1994 and 1999.
Marquée surtout par les démarches de la Commission de la vérité et de la réconciliation, la présidence de Nelson Mandela a aussi établi un contexte dans lequel l'industrie du patrimoine sud-africaine était fortement encouragée à promouvoir les valeurs centrales du projet d'édification de la nation du président, soit la réconciliation, l'unité et la diversité. Les Musées District Six et Robben Island sont les deux plus importants sites dédiés à la commémoration de l'apartheid en Afrique du Sud. District Six est à l'origine un petit musée local recevant très peu d'aide gouvernementale, tandis que Robben Island était destiné, de par ses origines, à devenir le plus important site du patrimoine sud-africain et bénéficie depuis ses débuts d'un niveau important de financement. Malgré leurs différences, chaque musée s'est peu à peu mis à promouvoir la vision du gouvernement pour une nouvelle Afrique du Sud. En fait, son projet d'édification de la nation pris rapidement le dessus, au détriment de la manifestation de la nostalgie, la romance, l'omission de faits et le désir de faire taire une partie de l'histoire sud-africaine qui se manifestèrent tous au sein des deux sites du patrimoine entre 1994 et 1999.

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Skhosana, Mpho Given. "A legal analysis of laws regulating the viability of business rescue in South Africa." Thesis, University of Limpopo, 2016. http://hdl.handle.net/10386/1969.

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Thesis (M. Law. (Development and Management)) --University of Limpopo, 2016
One of the fundamental objectives of the new Companies Act 71 of 2008 is to provide for efficient rescue of financially distressed companies. It is almost four years since the Act introduced the regime of business rescue, therefor details about its success or lack thereof must be examined so as to consider its viability in South Africa. With a very higher degree of certainty, the regime has so far shown some inherent shortcomings embodied in its application. Business rescue has had implications on corporate governance and taxation in South Africa. Against this new corporate scene, mini-dissertation analyses the most controversial aspects and the most telling implications of the business rescue regime since its inception in South African company law. Furthermore, this minidissertation analyses the call for further modification of the business rescue regime. Most importantly it spells out several recommendations which if considered pragmatically will constructively contribute to the viability of the business rescue regime in South Africa. It finds that the business rescue regime in South Africa is almost likely to be viable. KEY WORDS: business rescue, financially distressed and affected persons.

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Fischat, Herbert Robert James Falconer. "The criterion of justifiability as a ground for review following Sidumo v Rustenburg Platinum Mines (2007) 12 BLLR 1097 (CC)." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019792.

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This treatise will focus on the review of labour arbitration awards provided for under the oversight of the Commission for Conciliation, Mediation and Arbitration (CCMA), bargaining councils, statutory councils, accredited private agencies and approved private arbitration tribunals. The general grounds of review applicable to the arbitration awards of the different bodies are set out. Thereafter the case of Carephone (Pty) Limited v Marcus NO & others (1998) 19 ILJ 1452 (LAC) is analysed and the core principles pertaining to the justifiability test are clarified for the first time in the forum of the Labour Appeal Court. The judicial rationale for the relevance and applicability of the test to CCMA arbitration proceedings and criticisms of the test are examined. The justifiability tests are only applicable to review proceedings in CCMA matters and not available to private arbitration review matters. There are however three approaches which are being suggested for the application of the justifiability tests to private arbitration review. Firstly, it is suggested that the Arbitration Act could be interpreted to include the justifiability test under the statutory review grounds. Secondly, the arbitration agreements could be interpreted to include an implied term that the arbitrator is under a duty to give justifiable awards. Finally, it can be submitted that the law should be developed by reading into all arbitration agreements the ability to arbitrators to give justifiable awards. Since the judgment of Sidumo v Rustenburg Platinum Mines [2007] 12 BLLR 1097 (CC) various critical questions arose in relation to the interpretation and application for the purpose of dealing with subsequent review applications. Firstly, this research paper will seek to establish whether the courts in subsequent matters to the Sidumo judgment have interpreted reasonableness as a test or ground for review. Secondly the research paper will scrutinise case law whether the reviewing court is entitled to rely on and consider reasons other than those provided for by the commissioner in his award to determine inter alia, the reasonableness of his decision arrived at. The Constitutional Court in the Sidumo case rejected the so-called employer’s test, stating that ultimately the commissioner’s sense of fairness is what must prevail and not the employer’s view. Consequently an impartial determination whether or not a dismissal was fair is likely to promote labour peace amongst the labour force. The test arrived at by the Constitutional Court in the Sidumo case for determining whether a decision or arbitration award of a CCMA commissioner is reasonable, is a stringent test that will ensure that such awards are not easily interfered with. The question to be asked in determining whether there has been compliance with the standard is whether the decision of the commissioner is one which a reasonable decision maker could have reached. This approach will underpin the primary objectives of the Labour Relations Act which is the effective resolution of disputes. This finding will be apparent from important cases decided and discussed after the Sidumo landmark ruling.

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Swartz, Natasha Schantal. "The effect of South African labour legislation on refugees and migrants." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1019921.

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Since South Africa was declared a democratic country, the number of refugees fleeing to South Africa has increased. While it is understandable that refugees would flee to a country with a Constitution that protects the rights of everyone within its territory, this influx of refugees and migrants also puts a strain on the South African economy. One of the main problems associated with refugees and migrants in this country is their illegal status. Failure to obtain legal status in the country can be attributed to their own negligence to attend to the Refugee Reception Office, upon their arrival in the country. On the other hand, the South African government also fails foreigners in that the service provided at the Refugee Reception Offices is not up to the standard promised in the legislation. A further problem associated with refugees and migrants in the country is that they are competing with South Africans for jobs that are already scarce in the country. A foreigners need to earn a living is the driving force behind entering the employment market, and often illegally. Where refugees and migrants do not have the required work permits, their employment is prohibited in terms of the Immigration Act 13 of 2002 and they are thus illegal workers. Until recently, South Africa has followed the same policy as other international countries. Illegal workers did not have access to the protection provided by our labour legislation, by virtue of the illegality of their employment contracts. This position was changed by the Discovery Health case where the courts focused more on the existence of an employment relationship as oppose to an employment contract.

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Burrows, Michelle Isabel. "An evaluation of empowering volunteers for capacity-building: a case study of Women for Peace, Nobantu Centre, Mfuleni, Western Cape." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9907_1256711863.

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This thesis explored the empowerment needs of volunteer members of Women for Peace at the Nobantu Centre, Mfuleni in the Western Cape. The volunteer members, the majority of whom are women, come from a previously disadvantaged background created by the Apartheid system used in South Africa from 1948-1994. Apartheid driven education purposefully taught an inferior form of education to the black masses. This case study investigated the needs of the volunteer members, the impact that the four empowerment programmes had on the volunteer members and their future needs after being empowered.

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Ndung'u, Agnes. "The concept of decent work in a South African context." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1618.

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Work is a key component of people's lives and most people aspire to have work that is sufficient to provide a living wage so as to lift them out of poverty and social exclusion and also that is secure enough to guarantee a decent livelihood. The Decent Work Agenda has gained much popularity in recent years and proposes an approach to development that emphasizes fair and sustainable working opportunities that include principles of rights at work, social protection and social dialogue. Various issues have been raised in this study. Firstly, the decent work concept needs to be understood comprehensively as there is misconception about what the concept implies and what it can achieve. Secondly, it is acknowledged that there are huge decent work deficits in South Africa especially in the informal sector which impede on the advancement of people‟s conditions of living, cause people to live lives of poverty as well as deprive people of a life of dignity. This is despite decent work having a solid basis in labour legislation and also South Africa being bound by international law and principles concerning decent work. The study observes that reform in labour legislation is recommended to help overcome the decent work deficits. The ILO has proposed the Decent Work Country Programmes to help countries align their economic development goals with the international goal of the achievement of Decent Work for all. South Africa also has its own solutions such as the New Growth Path as well as other policies. The main issue however is how these policies can be implemented effectively and how decent work can be achieved against a backdrop of the socio – economic challenges that South Africa faces.

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Campbell, Jonathan. "The cost of credit in the micro-finance industry in South Africa." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1003182.

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This thesis analyses the cost of credit in the micro-finance industry in South Africa. The study situates micro-lending agreements within the law of contract, beginning with an examination of contractual fairness in terms of the common law: the fundamental principle of freedom of contract that underpins the common law of contract; the principle that agreements contrary to public policy should not be enforced; and the impetus given by constitutional values that inform public policy. In regard to moneylending transactions, common law usury law will be explained. The study then goes on to trace the origins and rapid growth of the micro-finance industry which was made possible by its exemption in 1992 from the Usury Act 73 of 1968. The upshot of this development was that registered micro-lenders have for nearly 14 years charged excessive interest rates, and continue to do so. The dire socio-economic impact of these high interest rates on individual consumers and lowincome communities is then demonstrated: how borrowers of small loans soon become over-indebted; the loss of billions of rands every year to low-income communities in the form of interest on micro-loans. The study then shifts to the legislative response to the need for consumer protection in regard to consumer credit. The extensive credit law review process is explained, resulting ultimately in the National Credit Act 34 of 2005, which allows the Minister to prescribe limits on interest rates and fees in all sectors of the consumer credit market. The prescribed limits on the cost of credit in the micro-finance sector are thoroughly explained and analysed, with particular reference to the implications of each element of the credit costing structure, and the combined impact of the total cost of credit on different types and sizes of loans. The envisaged maximum interest and fees will markedly alter the positions of micro-lenders and consumers, and receive careful analysis. The study closes with a summary of findings in the thesis, which includes suggested amendments to the National Credit Regulations and a review of possible legal challenges to the high cost of credit on smaller loans.

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Pretorius, William Richard. "The impact of the concept of decent work on the job security and the provisioning of educators." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021218.

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Section 29(1) of the Constitution of the Republic of South Africa (the Constitution) guarantees the right to a basic education, including a basic adult education and further education. In realising this right, the State is obliged to provide financial and human resources in a manner that will transform society as a whole and deliver a better life for all citizens. The human resources in the main refer to educators. Education is one of key priorities of the present government to the extent that President Zuma has instructed that a presidential commission be established to look into the conditions of service of public servants and in particular that of educators. The International Labour Organisation (ILO) has proposed the Decent Work Country Programmes to help countries align their policies with the international goal of the achievement of Decent Work for all. South Africa has done a lot of work in this regard; however the main challenge remains with the implementation and acceptance of such policies by the major stakeholders especially the trade unions. This treatise investigates the impact of the Decent Work Agenda (DWA) on the job security and provisioning of educators in South Africa. It also explores the conditions of service of temporary educators and those educators who are teaching in the rural areas under extremely difficult conditions in comparison with their counterparts in urban areas. This treatise also examines the status of social dialogue in the education sector and the impact of same on collective bargaining. This treatise recommends that the utilisation of the services of temporary educators need to be regulated to address the continuous extension of temporary contracts that is impacting negatively on job security. It also suggests that urgent measures in the form of norms and standards be determined to improve the working conditions of educators who are teaching in rural areas under very difficult circumstances.

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Grootboom, Linda Henry. "Labour law implications of organisational restructuring." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/303.

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It is beyond debate that each job lost due to restructuring means a lost taxpayer, and hence lost tax revenue, more poverty and increased crime. South Africa and the world at the large have to deal with this problem head – on in view of the acute need to better the lives of people and encourage investment. Technological advancement should be embraced and used to benefit people and stimulate economies, and that is further challenge in its own right. In Chapter 8 of the White Paper on Transformation of the Public Service dated 15 November 1995 (hereinafter, the White Paper), it is said that: “The Government of National Unity has embarked upon a concerted and comprehensive programme of administrative restructuring and rationalisation (my emphasis) with the object of: (a) Creating a unified and integrated service. (b) Creating a leaner and more cost-effective service.” Various strategies are listed in the White Paper, and the fundamental approach advocated is to right size, adjust remuneration structures, retrench and contract – out services.

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Kriel, Hennie. "Conflict transformation in South Africa : the impact of the Truth & Reconciliation Commission on social identity transformation /." Link to the online version, 2007. http://hdl.handle.net/10019/660.

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Krut, Riva Michal. "Building a home and a community Jews in Johannesburg, 1886-1914 /." Thesis, Online version, 1985. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.283124.

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Kassan, Daksha Gaman. "How can the voice of the child be adequately heard in family law proceedings." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.

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Ako, Ernest Yaw. "Debate on sexual minority rights in Africa : a comparative analysis of the situation in South Africa, Uganda, Malawi and Botswana." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16739.

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Gays, lesbians,and laws that criminalise homosexuality in Africa have been the subject of heated public debate in recent times.Criminalisation and attempts at re-criminalisation of homosexuality in some African countries have generated a lot of debate on the issue.The central theme in these debates has been the justification and maintenance of sodomy laws, as against the argument for the repeal of these laws because it violates the rights of gays and lesbians.
Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2010.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa. Prepared under the supervision of Prof. Letitia Van Der Poll, Faculty of Law, University of Western Cape, South Africa. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

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Munuve, Lilian Kasyoka. "A comparison between the South African and Kenyan labour law systems." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.

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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.

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Hartwig, Wendy. "Legal status and protection of animals in South Africa." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/515.

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The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.

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Eagar, Ryan. "The social construction of 'capacity building': a grounded theory study of organisation development consultants' accounts." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1002478.

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The primary aim of this thesis is to explore, through organisation development (OD) consultants' accounts, the meaning of 'capacity building' in the South African development context. The need for theory development in this area is apparent from two interrelated vantage points. Firstly, while 'capacity building' is an increasingly espoused development approach, it is seen to be a confusing and ill-defined concept, for which there exists no adequate theory. Secondly, there is an growing call within the OD field to perfonn 'recOIlllaissance' (Weick,1990) on OD as it is being practised in different socio-historical and organisational contexts, so as to discern future trends for this discipline. Due to the lack of documented debate which grounds OD issues in the South African development sector, OD practitioners' 'capacity building' interventions were seen to provide suitably unchartered terrain for this study. Given that theory generation was intended, the general epistemological principles provided by Glaser and Strauss's (1967) 'grounded theory' methodology were adopted. As a way of avoiding some of the criticisms and limitations of this approach, this thesis followed later conceptualisations of this method, in particular its reframing within the social constructionist idiom. In accordance with this perspective, this study directed attention to the ways in which OD consultants, in a non-governmental organisational (NGO) sector known as 'intermediary' NGOs, accounted for their 'capacity building' role in this development context. The results, based on in-depth interviews with ten OD consultants, indicate that 'capacity building' is an elusive and inchoate concept with more than one meaning for the participants. Their narrative account variously constructs 'capacity building' as value-driven OD process facilitation; funder and market regulated service provision; and people-driven product delivery. As a result of this multi-vocal construction, the participants' accounts reveal that OD consultancy in this sector is primarily concerned with 'managing the tensions' of the consultants' ambiguous and contradictory roles. By examining how the tensions articulated by the consultants inhere in their relationship to the environment in which they operate, this thesis firstly explores how the contradiction and anlbiguity attached to this concept can be traced to different stakeholder expectations of 'capacity building'. Secondly, it exanlines how these different stakeholder discourses conflict with each other and with an OD perspective. Thirdly, through an explication of the core category of 'managing tensions', it explores the image of OD consulting as a 'shifting and inconstant balancing act'. Fourthly, it shows how there exist wider contextual forces operating in the development sector which serve to throw these consultants 'off balance' and into delimited and 'received' service provision roles which run counter to their raison d'etre. Finally, the research examines new ways of approaching the 'capacity building' question and of understanding the nature of OD consultancy. It concludes with an attempt to respond to a conceptual aporia in OD literature by examining possible alternative images and metaphors for the role of the OD consultant.

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Connacher, Jayde. "Building communities through re-blocking in the city of Cape Town." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/3499.

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This study uses the re-blocking policy adopted by the City of Cape Town to explore an alternative approach to the housing backlog crisis in South Africa. The two re-blocking projects examined in Mshini Wam and Kuku Town illustrate the benefits of re-blocking and the challenges that were overcome in both of these informal settlements. This study is descriptive in nature and explores the challenges that informal settlements present not only for their inhabitants, but also the impact these challenges have on the city itself. The re-blocking policy is explored as a potential approach to addressing these issues and how the in situ upgrading approach to informal settlements is an improved and sustainable approach for South Africa. Key findings suggest that the Re-blocking Policy can potentially address the challenges that informal settlements present and it could serve as a sustainable housing model for improving service delivery to informal settlements.

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Brandt, Denver Charles. "Civil liability of an employer for injuries on duty." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1042.

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The workplace has evolved dramatically in the past decades. Technology has improved, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workplace itself. While employees enjoy a common law right to a safe working environment and health and safety, state intervention currently provides restricted claims to an employee who has sustained injuries or contracted occupational diseases. This thesis explores the effect of section 35 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 which deprives an employee of its common law right to institute civil action against an employer for an injury sustained or disease contracted during the course and scope of employment. Furthermore, this thesis also explores the marriage between the Occupational Health and Safety Act 89 of 1993 and the Compensation for Occupational Injuries and Diseases Act 130 of 1993 as well as the position of ‘employee’ and ‘employer’ insofar as the scope and application of these two acts are concerned with specific reference to the position of labour broker employees. The use of indemnity clauses and its validity in South Africa will also be explored and discussed. This thesis also dedicates a chapter to the leading case authority of Jooste v Score Supermarket Trading (Pty) Ltd and its effect insofar as the enforcement and application of section 35 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 is concerned. It is impossible to mention all the changes in the workplace that have occurred in the recent years, and this discussion therefore focuses on the current position of employees who have been deprived of their common law right to institute delictual action for damages resulting from an injury sustained while on duty as well as the impact of the current restrictive claims available to them. Alterations to existing approaches are also proposed to resurrect the common law right of employees to institute action against their employers.
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Foca, Nolusindiso Octavia. "The role of the education labour relations council in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021054.

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The 1996 Constitution provides workers with the right to form and join trade unions and to participate in the activities and programmes of those trade unions. The organizational and associated rights contained in sections 23(2)-(4) of the Constitution of Republic of South Africa, form the bedrock of a labour-relations system characterized by voluntarist collective bargaining. The constitutional protection that the above section gives to these organisational rights shields the trade unions and employer organisations from legislative and executive interference in their affairs and in turn, inhibits victimisation of and interference in trade unions by employers. One of the expressly stated purposes of the Labour Relations Act of 1995 (hereinafter referred to as the “LRA”) is to promote collective bargaining and to provide a framework within which employers, employers’ organisations, trade unions and employees can bargain collectively to determine wages, terms and conditions of employment, other matters of mutual interest and to formulate industrial policy. Notwithstanding the above purpose, the Act does not compel collective bargaining, with the result that the courts have no role in determining, for example, whether an employer should bargain collectively with a trade, what they should bargain about, at what level they should bargain or how parties to a negotiation should conduct themselves. Despite this, by extending and bolstering the right to strike, the LRA has effectively empowered trade unions to have recourse to the strike as an integral aspect of the collective bargaining process. The LRA provides a framework that is conducive to collective bargaining and thus providing for the establishment of bargaining councils. The purpose of this treatise is to examine the role played by the Education Labour Relations Council (hereinafter referred to as the “ELRC”) as one of the sectoral bargaining councils in the Public Service, in collective bargaining. In order to place this discussion in context, it is valuable to know the history of industrial relations and collective bargaining in South Africa.

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Abrahams, Dawood. "The unfair labour practice relating to promotion." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/329.

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This article deals with the South African law relating to promotions. As promotion disputes mostly arise as alleged unfair labour practices, a short discussion on how the concept of an unfair labour practice developed in South Africa is undertaken. In this regard the common law is studied in order to see whether it makes provision for protection of employees subjected to unfair labour practices relating to promotions. Through this study one soon realises that the common law is in fact inadequate to deal with unfair labour practices relating to promotions, and thus an enquiry into various legislative provisions are undertaken. The impact of the all-important Wiehahn Commission of Enquiry, established in 1979, is also briefly discussed. In this article an attempt is made to define the term ‘promotion’. In this regard reference is made to some cases adjudicated upon by the Commission for Conciliation Mediation and Arbitration (the “CCMA”). The cases referred to seem to favour the view that when one is defining the term ‘promotion’, regard must be had to the employment relationship between the employer and the employee, as well as the nature of the employee’s current work in relation to the work applied for, in order to establish whether in fact a promotion has taken place. It is necessary to consider what unfair conduct is defined as in the context of promotions. It seems that managerial prerogative is at the center of the enquiry into unfair conduct of the employer. Further to the analysis of unfair conduct, various principles that govern both procedural and substantive unfairness are considered. These principles are dealt with separately with reference to case law. Lastly the dispute resolution mechanisms are considered and a brief discussion on remedies is undertaken. The remedies are discussed with reference to case law, as well as the provisions of the Labour Relations Act 66 of 1995 as amended by the Labour Relations Amendment Act 12 of 2002. The broad headings of this article are accordingly unfair labour practices, definition of promotions, unfair conduct of the employer, onus of proof and remedies. It is concluded with the proposition that once an employer has set policies and procedures in place in dealing with promotions, then such an employer should stick to those policies and procedures within the context of the law, as well as within the percepts of the vague and nebulous term of ‘fairness’. Should the employer fail to do so, the majority of cases indicate that such an employer will be guilty of an unfair labour practice relating to promotion.

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48

Horo, Lindile. "The variation of conditions of employment." Thesis, University of Port Elizabeth, 2002. http://hdl.handle.net/10948/282.

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This paper seeks to bring clarity to a number of issues that arise from a process resulting from the unilateral variation of terms and conditions of employment and the conflict management and dispute resolution processes. The variation of employment terms particularly when it is driven by one party to the employment relationship can cause instability, insecurity, confusion and uncertainty to the parties involved. The nature of work is not constant and therefore changes are inevitable. This then has an effect of bringing disorder not only to the employer-employee relationship but also to the labour relations balance. In many instances and depending on whether it is the employer or employee who propagates the changes, the reasons to alter the conditions are different. Employers usually cite operational or economic reasons that are meant for the survival of the business as the need to make the changes. From the employees’ side the changes are necessitated by reasons aimed at a move from protecting the favourable employment conditions already acquired to improving them or attaining more. In the event that the parties to the employment relationship do not agree to the changes proposed and implemented, a dispute usually arises. This results from the failure of a consultation process, negotiations, persuasion or collective bargaining in general. In essence such a dispute arises from absence of consent to the changes. The failure of a bargaining system requires the process to assume a new nature. The dispute resolution systems and the conflict management systems follow as both the appropriate and necessary steps. The bargaining power together with the intervention of the third party is at the centre of this phase. The parties, depending on the nature of the dispute, the conditions that iv are changed and who are affected by the changes, have choices on what dispute resolution mechanisms to employ. The choice made has a huge impact on both the outcome required in the form of recourse, how the dispute will be resolved or how the conflict will be managed. There is legislative intervention with regards to the resolution of the conflictual scenarios that arise from disputes on unilateral variation of terms and conditions of employment. There are also non-statutory measures available to the parties. The choices are vast as to when can the variation take place, the reasons for the changes, the parties involved, the possible dispute resolution mechanisms, what can be varied and whether the unilateral implementation can be viewed as fair.

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Sotshononda, Ndomelele. "Recent development concerning the unfair labour practice relating to promotion." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14400.

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This treatise considers the promotion process in the workplace and focuses on the meaning of promotion and the provisions of the Labour Relations Act, 66 of 19951 (Hereinafter referred to as the LRA) relating to promotion. It also considers unfair labour practices from an employee’s perspective. Chapter 2 of this treatise discusses the processes employers should follow when dealing with promotions. Neither the LRA nor the Constitution provides employees with a right to be promoted. However, the Constitution2 provides that all workers have the right to fair labour practices. The concept of unfair labour practices was introduced in South Africa in 1979 following the recommendations of the Wiehahn Commission. For a long time in South Africa the concept of unfair labour practice was defined in broad terms and included unprotected strikes and lockouts. It was left to the Industrial Court to determine conduct which constituted an unfair labour practice. The promulgation of LRA (which took effect in 1996) provided a clear definition of what constitute unfair labour practice in the workplace. The LRA provided a closed list of practices which constitute an unfair labour practice which provided as follows: “(a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee; (b) unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee; (c) a failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and (d) an occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in that Act.”The LRA brought about significant changes including the exemption of trade unions from committing unfair labour practice to the employers as it was the position under the old Act. There are conflicting views amongst employers and employees as well as labour law experts regarding the determination of the remedies available to applicants when unfairness has been proven in promotion disputes. It is has been observed that many awards has been successfully reviewed by employers, particularly awards that involves protective promotion. Chapter one will be an introduction regarding unfair labour practice, the originality of the concept and the changes and developments the concept has gone through. Chapter two will investigate the meaning of promotion in the workplace. This chapter will focus on the definition of promotion. Elements that constitute promotion will also be addressed. Chapter three considers the provisions of the LRA relating to unfair labour practice: promotion. However, the focus will be narrowed down from the definition of unfair labour practice to the issue of promotion as it is central to the study. Chapter four will examine the manner in which the applicants are differentiated. Furthermore, this chapter will also address the issue of whether the internal applicant should be given preference on the basis that he or she has been working in the organisation but not in the advertised post. Chapter five discusses the importance of substantive and procedural fairness in promotion processes. Chapter six examine the appropriate remedies for aggrieved applicants during the promotion process. A disappointed candidate has a statutory right to approach the relevant bargaining council to seek recourse with regard to the matter. The dispute must be referred to the CCMA within 90 days by the aggrieved applicant.

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Strydom, Masunet. "The status of employees employed by temporary employment services." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/13680.

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The traditional employer-employee relationship came under an increased threat the past two decades with employers finding the option of utilising the services of Labour Brokers more attractive. Various reasons existed for this tendency amongst employers to opt for the use of Labour Brokers, some of these reasons being valid but mostly some reasons being born out of fear for the unknown labour law duties and obligations that were proposed to be placed on employers post 1994. In the absence of an action plan between the role players in the labour fraternity pathing the way traditional employer-employee relationships could be salvage, employers resorted to the appointment of Labour Brokers and Government on their part retaliated by considering either the total ban of Labour Brokers or the regulation of the profession to such an extent that same became largely unattractive and problematic. The non-addressing of problems and fears faced with by employers post 1994 resulted in an opportunity waisted to narrow the gap between employers and employees with the fight over work force power being the more important factor taken into consideration. This treatise will explore the options that faced the roll players post 1994 in the labour market, the reason for choices made and the effect same has had since on the labour market. The problematic amendments made to Section 198 of the Labour Relations Act in an attempt to iron out the wrinkles poor choices made by the stake holders over the regulations of Labour Brokers, will be discussed. The ripple effect the amendments to Section 198 of the Labour Relations Act had on other pieces of South African legislation will be considered and the uncertainty and confusion it has created discussed. Specific attention needs to be drawn to the intention of the legislature as to which party, the Labour Broker or employer, will be responsible for the ramifications of the wrong doings of an employee. Also, which party will be responsible to the employee to fulfil its labour rights as granted in the Constitution of South Africa. Unleashing reaction to the regulations of Temporary Employment Services does not seem to be a problem, the problem arises where the regulations proposed did not unleashed the desired reaction and roll players finding themselves frustrated and with having no alternative as to turn the Courts to solve the largely self-inflicted conundrum. The courts are left with the task of clarifying the legislature’s true intension in amending section 198 of the Labour Relations Act, which impact the writer with all due respect do not think the legislature even appreciated when the amendments were drafted. Currently, there is dividing views on the future of Labour Brokers per se in South Africa and the interpretation concerning Section 198 of the Labour Relations Act, as amended. The focus of this treatise is to highlight the different interpretations given to these amendments this far and highlight that if it is in fact the wish of stake holders in the Labour fraternity that Labour Brokers should continue to exist, clarification is needed by our Constitution Court on certain vital issues and as discussed in this treatise.

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