Dissertations / Theses: 'Encroachment disputes – 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.
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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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Bezuidenhout, G. "Procedures for the resolution of labour disputes." SACCOLA, 1988. http://hdl.handle.net/10962/76936.

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After SACCOLA's expulsion from the International Organization of Employers in 1983 the committee decided to explore areas of domestic activity consistent with its objectives of discussing employer views on labour affairs, and representing these views where agreement amongst employers existed. As the National Manpower Commission had shortly afterwards published a lengthy report dealing, inter alia, with the role of the Industrial Court and the definition of the unfair labour practice concept, SACCOLA set up a working party to see if employer consensus could be achieved on these issues. SACCOLA succeeded in agreeing a 18 page document, which was submitted to the Department of Manpower on 28 August 1984. This was subsequently acknowledged by the Director General of Manpower to have been one of the most comprehensive reactions to this report. In his reaction to the report, however, Dr Van der Merwe noted that legislative change would be greatly facilitated by labour/employer agreement, and he therefore suggested that SACCOLA should discuss its proposals with union federations.

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Marumoagae, Motseotsile Clement. "Adjudication of child relocation disputes in South Africa." Doctoral thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33789.

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This thesis discusses the adjudication of child relocation disputes (CRDs) in South Africa. The central thesis is that judges require adequate legislative guidance when exercising their discretion in CRDs. At present, judges adopt widely different reasonings when adjudicating CRDs and this has led to inconsistent CRDs jurisprudence. Due to lack of legislative guidelines, judges can choose to rely on any factor to reach their desired outcomes while at the same time rejecting those factors that might contradict their intended outcomes. In typical CRDs, parents who have been awarded the care and residency (usually mothers) wish to relocate with their children. They usually attempt to justify the proposed relocation on factors such as: their right to freedom of movement; pursuit of new romantic relationships; better work opportunities; improved standard of living; concern about crime; attainment of quality education; reuniting with family members; lack of family support; and abuse from non-custodial parents among others. Non-custodial parents often object to the proposed relocation on the basis that relocation will affect their rights to maintain contact with their children. To substantiate this claim, they usually indicate the extent of their interest in their children's lives and the amount of time they spend with their children. They often question the genuineness and good faith of the intended relocation and cast doubt on the ability of relocating parents to provide a better life for their children post-relocation. Occasionally, they invoke arguments relating to the disruption of the child's life and routine, including schooling, faith, and extramural activities. This thesis argues that CRDs are not as unique as they are often made out to be. For every CRD, there is likely to be precedent, local or foreign that can shed light on how such dispute should be adjudicated. However, many CRDs cases, both in South Africa and in foreign jurisdictions deal with similar CRDs differently. This makes it easy for judges who are adjudicating CRDs to reject certain precedents and follow others, or to reject the approaches of all previous cases and formulate their own novel approaches. This thesis argues that judges through their discretion can formulate their own approaches, which they can use to reject evidence that is contrary to their desired outcomes and rely instead on evidence that supports their intended outcomes. As a result, CRDs jurisprudence invokes many judicial approaches such as: reliance on predetermined presumptions for and against relocation; the reasonableness test; tender years and maternal preference; and the exceptional or compelling circumstances test. Judges can use these tests to either grant or refuse custodial parents' permission to relocate. When the application of certain tests works against their intended outcomes, judges have skilfully deviated from such tests to suit their subjective views on parenting. Judicial discretion is usually exercised in the name of the Best Interests of the Child (BIC) principle, which is thoroughly discussed in this thesis. Most importantly, this thesis argues for the limitation of judicial discretion in CRDs through the provision of legislative guidelines which will assist judges when determining CRDs. This thesis proposes an amendment to the Children's Act 38 of 2005, to incorporate a specific chapter dealing with CRDs which considers the involvement of both parents in their children's lives to the extent possible. There is a shift in thinking regarding CRDs in some jurisdictions, where the roles of both parents in their children's lives are adequately assessed when CRDs are determined. The proposal of this thesis is centred around the establishment of a legislative mechanism that will enable judges to identify, select, weigh, and adequately balance competing factors in CRDs to ensure that all cases are thoroughly investigated and considered.

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Nyachowe, Pasno N. "The regulation of domain name disputes in South Africa." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/351.

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This treatise provides an overview of the procedures for the registration, regulation and protection of Internet domain names. An analysis of legal rules applicable to domain names and problems related to the protection of domain names in South Africa, United State, United Kingdom and internationally is undertaken. The problems includes cybersquatting, misuse of personal names, reverse domain hijacking, misuse of meta tags and keywords. The treatise established possible solutions applicable to South Africa by investigating how other countries have dealt with such problems, and further investigated the extent to which South African legislation is suited to deal with such problems. An investigation of the regulation in terms of the Electronic Communications and Transactions Act 25 of 2002 is briefly attempted, and proposals for the future on the South African domain name system suggested.

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Gxasheka, Masibonge. "Euryops floribundus encroachment in Eastern Cape communal rangelands: indigenous and scientific understanding of effects on range." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/d1016203.

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The study was conducted in Eastern Cape Province to 1) investigate local people’s knowledge and perceptions on Euryops floribundus and 2) landscape distribution and effect of Euryops floribundus on herbaceous vegetation and soil. A total of 90 households who own livestock were randomly selected from the three communal areas, namely; Tsengiwe, Upper Mnxe and Manzimdaka for household surveys and group discussions. For landscape study, a total of about 5 ha of land were selected at Upper Mnxe communal area. Selection criteria included the presence of E. floribundus and different landscape gradients. A total of four 50mx50 plots were marked along the landscape gradients: Bottom, Middle, and Upper Slope and upland positions. To study the effect of E. floribundus invasion on the herbaceous vegetation and soil, a total of 4 ha communal land was selected in an accessible area which had a largely flat terrain. The area was selected to have adjacent sites with no invasion (< 5% shrub cover), light (5-15% shrub cover), moderate (>15-35) and heavy invasions (>35% shrub cover) of E. floribundus. The average household size in the study area was 6.8± 0.7. All people in the three communal areas unanimously ranked sheep as the most important species for their livelihood, but the ranking of cattle and goat varied among the communal areas. All elder groups agreed that Europs floribundus decreases both the quantity and quality of herbaceous forage as well as livestock production. Moreover, invaded patches create more bare areas which are responsible for the loss of top fertile soils and the formation of rills and gullies. The result showed that the total density of E. floribundus significantly increased from the topland (2301 plants ha-1) moving to the bottomland (4888 plants ha-1). Canopy cover was significantly lowest in the topland (17.9%), but the remaining gradients had similar cover. Grass dry matter yield was higher in the bottomlands and sloppy gradients than the toplands. Soil organic carbon was significantly higher (P<0.05) in the flat than the sloppy terrain. Soils from higher elevations (toplands and upper sloppy) had significantly higher N than the lower elevations (bottomlands and Middle sloppy). The lowest dry matter was observed at low invasion and non-invaded sites. Soil chemical properties were generally different from all density levels. In conclusion, E. floribundus encroachment was found to be major cause of decline in the peoples’ livelihood because as this reduces the vegetation diversity and livestock production, both of which are the major of their livelihoods.

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Mgubo, Xolelwa. "The effects of industrial labour disputes on development in South Africa." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14014.

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On 16 August 2012, the South African Police Service fired upon striking miners in Marikana, South Africa, resulting in the death of 34 mineworkers. The purpose of this study is to examine the effects of protracted violent industrial labour disputes on socio-economic development in South Africa. The study explores the root causes of labour disputes in Marikana and considers strategies that can be employed to avoid similar violent and destabilising strikes in the mining and other industries. This research confirms that presumably the pursuit of wage increase is still the primary cause of violent strikes in the country. Furthermore, the research shows clearly that working hours, work conditions, sympathy, and demands from employees and trade unions are major causes of labour disputes. The findings also show that amongst other things participation of employees in work related issues like policy formulation can reduce prevalence of labour disputes. The study also reveals that communication between workers and employees in work places can help both parties to discuss issues before extreme measures are taken.

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Kraaij, Tineke. "Effects of rain, nitrogen, fire and grazing on bush encroachment in semi-arid savanna, South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52817.

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Thesis (MScFor)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: Increases in woody plant density ('bush encroachment') reduce livestock production and biodiversity. By convention, soil moisture, soil nutrients, fire and herbivory are regarded as the principal factors governing the tree-grass ratio of savannas. An experiment with a completely-crossed design was employed to investigate woody seedling (Acacia me/lifera) recruitment near Kimberley, Northern Cape, South Africa, after fire and under conditions of maximum-recorded rainfall, nitrogen addition and grazing. The field experiment was repeated as a garden experiment to determine if the two experiments yield comparable results. Tree germination in the field was extremely low, probably due to below-average natural rainfall in plots that only received natural rain, and insufficient watering frequency in irrigated plots. As a result of low germination, none of the treatments (rain/nitrogen/fire/grazing) had a significant effect on tree recruitment in the field experiment. The duration of the experiment (2000/2001 growing season) was insufficient for the treatments to affect grass composition, although the high rainfall treatment and grazing exclusion significantly improved grass cover and height. The garden experiment showed that frequent watering, no nitrogen addition and grass clipping significantly enhanced tree germination and survival (termed 'recruitment'). There were also significant interactions among rain, nitrogen and grazing in their effects on tree recruitment. The effects of rain on tree recruitment were more pronounced under nitrogen supplementation and vice versa. Similarly, high rain and high nitrogen enhanced the effect of grazing on tree recruitment. It is inferred that above-average rainfall years with frequent rainfall events are required for mass tree recruitment. Tree seedlings can further benefit from space and resources which are made available through grass defoliation. Conversely, nitrogen enrichment improves the competitive ability of the fast-growing grasses relatively more than that of the N2-fixing tree component, thereby suppressing tree recruitment. In contrast to conventional wisdom that grazing alone causes encroachment, it is suggested that there are complex interactions between the abovementioned factors and 'triggering' events such as unusually high rainfall. Contrary to many claims that equilibrium models are inappropriate for explaining savanna dynamics, it was shown that consumer-resource theory has explanatory power for bush-grass dynamics of the savanna studied. The state-space approach that was used facilitated the understanding of savanna dynamics and enabled predictions about the system's response to perturbations. The applicability of consumer-resource theory to semi-arid nutrient-poor savannas confirmed the importance of resource competition in structuring natural systems.
AFRIKAANSE OPSOMMING: Toenames in die digtheid van houtagtige plante ('bosverdigting') verlaag veeproduksie en biodiversiteit. Volgens konvensie word grondvog, grondvoedingstowwe, vuur en beweiding beskou as die belangrikste faktore wat die boom-gras verhouding van savannas bepaal. 'n Volledig-gekruisde ("completely crossed") eksperiment is ontwerp om boomsaad-ontkieming (Acacia mellifera) naby Kimberley, Noord-Kaap, Suid- Afrika, te bestudeer na 'n brand en onder toestande van maksimum-aangetekende reënval, stikstof toevoeging en beweiding. Die veldeskperiment is herhaal as 'n tuineksperiment om vas te stel hoe resultate van die twee eksperimente vergelyk. Boomsaad-ontkieming was uiters laag in die veld, waarskynlik weens ondergemiddelde reënval in persele wat slegs natuurlike reënvalontvang het, en 'n te lae benattingsfrekwensie in die besproeide persele. As gevolg van lae ontkieming in die veldeksperiment, het geen behandeling (reënval/stikstof/brand/beweiding) boomsaad-ontkieming beduidend geaffekteer nie. Die duur van die eksperiment (2000/2001-groeiseisoen) was te kort vir die behandelings om grassamestelling te beïnvloed, alhoewel besproeiing en geen beweiding die grasbedekking en -hoogte betekenisvol verhoog het. Die tuineksperiment het getoon dat boomsaadontkieming en vroeë oorlewing (genoem 'vestiging') betekenisvol verhoog is deur gereëlde benatting, geen stikstof toevoeging en die sny van gras. Daar was ook beduidende interaksies tussen reën, stikstof en beweiding in hul invloed op boomvestiging. Die reënbehandeling het 'n groter uitwerking op boomvestiging gehad onder stikstoftoevoeging en vice versa. Hoë reënval en stikstoftoevoeging het ook die invloed van beweiding op boomvestiging versterk. Die afleiding is dat bogemiddelde reënvaljare met gereëlde reënbuie 'n vereiste is vir grootskaalse boomvestiging. Boomsaailinge kan verder voordeel trek uit die spasie en hulpbronne wat beskikbaar raak wanneer gras ontblaar word. Daarteenoor verhoog stikstofverryking die mededingendheid van die vinniggroeiende grasse meer as dié van die N2-bindende boomkomponent, met die gevolg dat boomvestiging onderdruk word. In kontras met die konvensionele veronderstelling dat beweiding opsigself bosverdigting veroorsaak, word voorgestel dat ingewikkelde interaksies plaasvind tussen die bogenoemde faktore en ander 'sneller-gebeurtenisse', soos buitengewoon hoë reënval. In teenstelling met baie aansprake dat ekwilibrium modelle ontoepaslik is om savanna-dinamika te verklaar, is getoon dat die verbruikers-hulpbron teorie ("consumer-resource theory") oor verklaringsvermoë beskik vir boom-gras dinamika van die savanna wat bestudeer is. Die staat-spasie ("state-space") benadering gebruik, het begrip van savanna-dinamika bevorder en voorspellings moontlik gemaak aangaande die sisteem se reaksie op versteurings. Die toepaslikheid van verbruikers-hulpbron teorie vir semi-ariede, nutriënt-arm savannas bevestig dat kompetisie vir hulpbronne 'n sentrale rol speel in die strukturering van ekologiese sisteme.

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Alder, Juerg. "The use of mediation to resolve environmental disputes in South Africa and Switzerland." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4679.

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The minor dissertation is structured as follows: After a short overview about mediation as one mechanism to resolve environmental disputes and the advantages respectively disadvantages of this kind of alternative dispute resolution, the focus shifts in paragraph C to the use of mediation to resolve environmental disputes in Switzerland. On the basis 4 of several cases in which mediation or mediation-type activities were used to resolve the environmental conflict I want to show why, in the end, environmental mediation probably will never be so widespread in Switzerland as it is in other countries. The paragraph ends with a case study about mediation experiences in Switzerland over nuclear waste disposal. Nevertheless, this aforementioned case study shows that the Swiss decision-making system offers a good basis for mediation procedures in areas of politics where there is yet little participation as longs as certain preconditions for a successful procedure are fulfilled. In paragraph D I deal with the use of mediation in South Africa to resolve environmental disputes. The focus shifts in a first step on the National Environmental Management Act (NEMA), especially Chapter 4 NEMA which deals with Alternative Dispute Resolution and, in particular, with environmental mediation. In a next step I examine if this Chapter has been already implemented or if there is still a big gap between theory and practice. Finally, paragraph D ends with two South African cases in which mediation was involved to resolve the dispute and a comparison of the two procedures.

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Tokozwayo, Sive. "Evaluating farmers' perceptions and the impact of bush encroachment on herbaceous vegetation and soil nutrients in Sheshegu communal rangelands of the Eastern Cape, South Africa." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2733.

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Communal rangelands occupy 13 percent of the agricultural land in South Africa, and these rangelands serve as a source of feed to livestock. These areas are threatened by bush encroachment due to poor rangeland management. This study was conducted in Alice (Sheshegu communal area) and the objective was to assess farmers' perceptions and the impact of bush encroachment on herbaceous vegetation and soil nutrients. Structured questionnaires were used to assess indigenous knowledge of communal farmers on the impact of bush encroachment on rangelands. Fourty (40) respondents from households who owned livestock were randomly selected and interviewed at Sheshegu village. About 89 percent of communal farmers perceived that change of their grasslands to encroached savannas was caused by unreliable rainfall, prolonged drought, and poor rangeland management. Rangeland assessment was performed at four sites (Scattered, Moderate, Mixed and Dense bushland. 100mx50m were demarcated per site, and four 100m transects were laid parallel to each other, 30m apart. The step point method was used to determine both species composition and basal cover. Biomass production was determined by harvesting forage within randomly-paced a 0.25m2 quadrats. Aristada congesta and Eragrostis obtuse were the most dominating grass species in dense, mixed and moderate bushland. Scattered bushland was dominated by Themeda triandra. Biomass production increases with increase in bush density and basal cover improved from winter to summer season. Increaser grass species increase with the increase in bush density, this indicated that the rangeland was poorly managed and palatable species were being replaced by less palatable ones. Species composition of woody plants was determined within a 200m2 belt transect in all sites. Maytenus polycantha, Aloe ferox, Erehia rigida and lucas capensis were the most dominant woody species in Mixed bushland while Acacia karroo was most dominated in Scattered, Moderate and Dense bushland. Woody density showed no significant differences (P> 0.05) between Dense, Mixed and Moderate bushland. Woody plant density in all these sites exceed 2500 plants/ha, which showed that the rangeland was encroached with woody plants. Soil nutrient content was determined for each site. Five samples of soil were collected per site to test the effect of bush encroachment on soil nutrient composition. The concentration of nitrogen and soil pH increased with increase in bush density, while that of potassium, phosphorous, magnesium, sodium and sulphur showed no significant differences (P>0.05) across all homogenous vegetation units. The study revealed that Sheshegu communal farmers are aware of both negative and positive effects of encroachment on their community, and also argue that the government is not willing to support communal farmers in the process of reducing the spread of bush encroachment. It was concluded that the concentration of nitrogen and soil pH increased with increasing bush density and that bush encroachment had negative effects on herbaceous species. It was recommended that communal farmers should be formulating rangeland rules and regulations to manage rangeland resources. Rangeland rules and regulations should be based on the management of livestock management during grazing and harvesting of rangeland resources. The harvesting of woody and good timing of application of fire can also reduce the spread of bush encroachment. Veld resting and rotational grazing can also improve fuel load which is required for burning of woody plants. Furthermore, Department of agriculture should also provide workshops or training to communal farmers use different approaches or cheap ways of reducing bush encroachment and conserving rangeland resources.

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Molepo, Matshipi Moses. "Class consciousness in the 2012 labour disputes at Marikana, North West Province, South Africa." Thesis, University of Limpopo, 2017. http://hdl.handle.net/10386/1960.

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Thesis (M. A. (Sociology)) --University of Limpopo, 2017
The purpose of this study was to explain the events surrounding the Marikana miners’ strike in 2012, using Marxism’s concept of class consciousness. The labour disputes witnessed at Marikana in 2012 represent one of the major labour movements that South Africa has witnessed since the inception of democracy. This study adopted qualitative research methods to inquire into the events of the Marikana 2012 labour disputes. Methods used in this study include qualitative research, descriptive research design, Marxism critical inquiry, purposive sampling and critical discourse analysis. Moreover, the study investigated employee relations in the mining sector. In addition, this study also examined the Marikana miner’s working and living conditions and probed the role of social control agencies, including, trade unions, bargaining councils and the police, during the protests. This study proposes a fair distribution of wealth in the mining sector and the removal of the Migrant Labour System. Additionally, this study recommends transparency in the mining sector, the transformation of the education system and the restructuring of trade unions.
University of Limpopo Research Office

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Adam, Aisha. "Resolving Dismissal Disputes: A Comparative Analysis of Public Arbitration Bodies in South Africa and England." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29771.

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Alternative dispute resolution is often proven to be an effective and preferable means of resolving dismissal disputes. A coherent and cooperative working environment is not always possible in the developing workplace today. Thus, it is critical that an employer and employee are able to resort to effective means of dispute resolution when conflicts arise. The adjudicating system of the courts is notorious for being tedious, expensive and often too legalistic for employment disputes; public arbitration aims to curtail these difficulties by providing an efficient, cost-effective and informal dispute resolution service. Public arbitration bodies seek to overcome the challenges posed by court proceedings by resolving disputes within a specific timeframe, providing applicants with a cost-free service and reducing informalities, in part by limiting the need for legal representation during proceedings. As South Africa was once a colony of Britain, South Africa and England have a historical link which makes them appropriate comparators when determining progression. Based on their similar approach to dispute resolution through arbitration, it is possible to consider the extent to which each country’s employment arbitration service, ACAS in England and the CCMA in South Africa, has achieved its objectives. This dissertation evaluates the use of public arbitration in resolving dismissal disputes in England and South Africa. As a comparative study, it concentrates on and compares the efficiency, accessibility and informality of each country’s employment dispute resolution system, with a particular focus on dismissal disputes. The analysis presented in this dissertation was able to determine the need for improvement in both arbitration systems. It is observed that the deficiencies found in the CCMA can be resolved by learning from the strengths of ACAS, and vice versa. Although each arbitration body aims to provide resolution with the least amount of formalities, both systems can improve their operations by using client feedback and implementing rigorous quality control measures. These recommendations aim to set out ways to improve the effectiveness of each system with the intention of conducting dismissal disputes as succinctly as possible.

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Glock, Philipp. "Requirements of industrial action in South Africa and Germany: a comparison." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4394_1182224745.

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This paper investigated how the law of industrial action is shaped in South Africa and in Germany, which specific problems occur in South Africa and Germany, and how the different legal systems solve these problems. It also compared the different legal approaches of these two countries.

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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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Shirinda, Shirhami Eddie. "In or out of court? Strategies for resolving farm tenure disputes in Limpopo province, South Africa." University of the Western Cape, 2011. http://hdl.handle.net/11394/5162.

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Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS)
In this thesis I explore dispute resolution mechanisms within the context of the Extension of Security of Tenure Act, 62 of 1997 (ESTA) and more generally the extent to which the law and the court can be used to effect social change. I examine dispute resolution processes that parties to farm tenure utilise towards exercising their land rights. I give practical demonstrations of how parties on farms utilised processes to resolve eviction and burial disputes on farms in Limpopo province, South Africa. I focus on four case studies from farm dweller cases from Vhembe district, two evictions and two burials. The thesis compares and contrasts the cases settled through out of court settlements with those decided through the court processes. It is based on case files kept at the Nkuzi Development Association (Nkuzi) Elim office and follow up interviews with farm occupiers as well as court judgments on cases that were decided in court. I argue that decisions on choosing appropriate dispute resolution processes are determined by the parties’ economic position and the availability of land reform support Non-Governmental Organizations (NGOs) and lawyers. The findings drawn from the case studies show that ESTA dispute resolution mechanisms do not give choices to the parties in deciding how best to resolve tenure disputes they face, rather, they are forced to approach the courts. Parties to farm tenure disputes face challenges in using mediation and arbitration processes due to a lack of support from the relevant government agencies. These challenges ultimately deprive parties in disputes from making effective choices when deciding on a dispute resolution process that is appropriate for the dispute they are confronted with. This study concludes that ESTA is limited when offering necessary choices to the farm parties in disputes. The findings of this study point to the need for amendment of ESTA to provide parties in farm disputes with a choice of using mediation or arbitration processes directly as an alternative for those who do not want to resolve the dispute in court. In addition, an amendment should include the negotiation process and make the use of negotiation, mediation and arbitration compulsory for parties to first exhaust their use before approaching the court.

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15

Majinda, Maseko Moses. "A comparison of the labour dispute resolution systems of South Africa and Swaziland." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/833.

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History and Background: The history of statutory labour dispute resolution of South Africa dates back to 1909, when the Transvaal Disputes Prevention Act of 1909 was promulgated which applied only to the Transvaal. The Industrial Conciliation Act of 1924 established industrial councils and ad hoc conciliation boards and excluded black workers from the statutory definition of employee and this resulted in a dual industrial relations system that existed up to 1979. The history of statutory labour dispute resolution of Swaziland dates back to 1980 when the first Industrial Relations Act of 1980 was promulgated which established the first Industrial Court. Research Findings: The dispute resolution systems of South Africa and Swaziland contain both similarities and differences. Lessons for Swaziland include combining general and specific dispute resolution procedures, providing the right of a referring party to apply for condonation for late referral of a dispute, using conciliation-arbitration, making arbitration proceedings public hearings, influence of parties on the appointment of arbitrators, court adjudication, pre-dismissal arbitration, court adjudication by judges only, establishment of a constitutional court, full protection of protected strikes/ lockouts from interdicts, legalization of sympathy strikes, and removal of strikes/ lockout ballot. Lessons for South Africa include plural representation of parties at conciliation and arbitration, re-direction of some disputes by the Labour Court to the Commission for arbitration, reporting of labour disputes direct to the Head of State for determination.

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Mlauzi, Dumisani G. "Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5520.

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Magister Legum - LLM
The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australia respectively. The paper also compares the solutions implemented by RSA and Australia with some internationally recognised solutions. Chapters two and three of the paper discuss the backgrounds and also analyse the solutions to ISDS that have been implemented by RSA and Australia respectively. Chapter four contains the main findings and arguments of the paper. It analyses the strengths and weaknesses of the ISDS solutions that have been implemented by RSA and Australia respectively. One of the main findings of the paper is that retaining the conventional ISDS regime is less beneficial to developing and least developed countries and more beneficial to developed countries, largely due to the differing levels of outward investments that are present in these categories of countries. The paper recommends, inter alia, that, unlike developed countries, developing countries and least-developed countries should abrogate the conventional ISDS regime and only retain it in particular circumstances as explained in chapter five. The paper recommends that ISDS should only be utilised where state-state arbitration would unnecessarily politicise an investment dispute. The paper also finds the use of domestic court as undesirable to investment disputes. The paper recommends mediation as a more balanced avenue for resolving investment disputes.

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Orlandi, Nelia. "The 1999 public service wage dispute and strike." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51934.

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Thesis (MBA)--Stellenbosch University, 2000.
Some digitised pages may appear cut off due to the condition of the original hard copy.
ENGLISH ABSTRACT: This assignment explores the issues surrounding conflict resolution in the South African Public Service and the expression of organised conflict with reference to the 1999 Public service wage dispute and strikes. The public service being part of the generic framework of the public sector is, in terms of employment, South Africa's single, largest employer. National Departments and Provinces reflect almost 70% of the Public Sector. Employment in the public sector used to be considered relatively stable and secure. Public sector employees were thus not seen as requiring protection from retrenchment. Employees had no bargaining rights and functioned outside the ambit of the Labour Relations Act (No 24 of 1956). In 1994, the Government of National Unity realized the importance of the South African public service, the major role it had to play in the reconciliation, reconstruction and development process in South Africa and thus the need for administrative transformation. The Public Service Labour Relations Act 1994 was replaced by the new Labour Relations Act (No 66 of 1995) in 1995. This Act now covers both the private and the public sector workers. The new legislation was an important step towards the creation of a machinery for collective bargaining. The Act made provision for the establishment of a Public Service Coordinating Bargaining Council and provided a model for collective bargaining, based on effective negotiating structures. According to the International Labour Organization, mediation and conciliation procedures are still the most frequent methods for settling economic disputes in the public service. In South Africa, the new Labour Relations Act introduced the Commission for Conciliation, Mediation and Arbitration. Since 1994, several problems have beset most public service workers because of the transformation process and workers started showing increasing interest in unionisation, mostly for the protection and the fulfillment of their needs. Wages were the single most important factor causing labour action and in 1999, a total of 3,1 million man-days were lost due to labour action. According to Ms Geraldine Fraser- Moleketi, minister of the Public Service and Administration, government and the unions should share the process to design a more suitable and manageable system of remuneration policy to prevent disputes such as the 1999 wage dispute in the future. The negotiations on the 1999 wage dispute took place over a record of 140 days. Public service unions rejected government's wage offers several times until the minister unilaterally implemented government's final offer of an average of 6,3% increase. This sent a tremor through the alliance and prompted joint action by Cosatu and Fedusa affiliated unions. Unions were caught completely unaware and dropped their demands from a 10% increase to 7,3%. Public servants took industrial action again, but the government still did not make a new offer. Minister Trevor Manuel warned that the government could not afford further increases. By September, union leaders still had faith that president Thabo Mbeki would indicate that talks would be resumed, but doors for future negotiations did not open. Ms Geraldine Fraser-Moleketi maintained that the government had gone out of its way to ensure a settlement. At the time of writing, the dispute is still continuing. Note: As most of the information regarding the Public Service Wage strike was obtained from the press, all articles referred to are included as an appendix. To facilitate the reference to these articles, a specific form of reference, namely 'PC n', was used in the relevant sections, the prefix 'PC' denoting that a press cutting has been referred to and the subscription 'n' denoting the relevant page number of the article contained in the appendix. The sources of the press cuttings (PC) are contained in the list of sources.
AFRIKAANSE OPSOMMING: Hierdie werkstuk ondersoek die aangeleenthede rondom konflik hantering in die Suid-Afrikaanse Staatsdiens en die uitdrukking van georganiseerde konflik met verwysing na die 1999 Staatsdiens Salaris Dispuut en Stakings. In terme van indiensneming is die staatsdiens in Suid-Afrika as deel van die publieke sektor die grootste enkel werkgewer. Nasionale Departemente en Provinsies reflekteer ongeveer 70% van die Publieke Sektor. Arbeid in die publieke sektor was voorheen redelik stabiel en verseker; dus was daar geen nut vir die beskerming van amptenare teen afdanking. Werkers het geen onderhandelingsregte gehad nie en het buite die raamwerk van die Arbeidswetgewing (No 24 of 1956) gefunksioneer. In 1994 het die nuwe regering van nasionale eenheid die belangrikheid van staatsamptenare en die rol wat hulle moet speel in die rekonstruksie en ontwikkelingsproses in Suid-Afrika besef en dus ook die behoefte vir transformering van die diens ingesien. Die Staatsdiens Arbeidswetgewing van 1994 is vervang deur die nuwe Arbeidswetgewing (No 66 van 1995) in 1995, wat beide staatsamptenare sowel as die privaatsektor insluit. Dit was ook 'n belangrike stap in die bevordering van kollektiewe bedinging. Die wet het voorsiening gemaak vir die vestiging van die Staatsdiens Koordinerings Bedingings Raad en 'n model vir kollektiewe bedinging, gebasseer op effektiewe onderhandelingsstrukture. Volgens die Internasionale Arbeidsorganisasie is mediasie en konsiliasie prosesse steeds die mees algemene metodes vir die hantering van ekonomiese dispute in die staatsdiens. In Suid-Afrika het die nuwe Arbeids Wetgewing voorsiening gemaak vir die instelling van die Kommissie vir Konsiliasie, Mediasie en Arbitrasie. Sedert 1994 het verskeie probleme vir staatsamptenare ontstaan as gevolg van die transformasie proses en amptenare het meer en meer belangstelling getoon in unie lidmaatskap om hulle belange te beskerm. Salarisse is dié belangrikste enkel faktor wat arbeidsonrus veroorsaak. In 1999 het daar 'n totaal van 3,1 miljoen werksdae verlore gegaan as gevolg van stakings. Die 1999 salaris dispuut en onderhandelings het oor 'n tydperk van 'n rekord getal, naamlik 140 dae, geduur. Unies wat staatsamptenare verteenwoordig het op verskeie geleenthede aanbiedinge van die regering van die hand gewys, totdat die minister 'n eenparige besluit geneem het om die finale aanbod van 6,3% salarisaanpassing in te stel. Dit het 'n skudding in die alliansies veroorsaak en het tot die gesamentlike aksie van Cosatu en Fedusa geaffillieerde unies gelei. Die unies is onkant betrap en het hul versoek van 'n 10% verhoging na 7,3% verminder. Staatsamptenare het weereens oorgegaan tot arbeidsaksie; terwyl die regering by hul finale aanbod gebly het. Minister Trevor Manuel het gewaarsku dat die regering nie meer kon bekostig nie. Teen September was vakbondleiers nog steeds hoopvol dat president Thabo Mbeki 'n aanduiding sou gee om met onderhandelings voort te gaan, maar die deure vir onderhandelings was gesluit. Minister Geraldine Fraser-Moleketi het volgehou dat die regering uit hul pad gegaan het om 'n ooreenkoms te bereik. Ten tye van skrywe was die geskil nog nie opgelos nie. Nota: As gevolg van die feit dat die meeste inligting aangaande die 1999 Staatsdiens Salaris Dispuut en Stakings uit die pers verkry is, word die artikels waarna verwys word, ingesluit as 'n bylae. Om die verwysing na hierdie artikels te vergemaklik, is 'n spesifieke formaat van verwysing gebruik, naamlik 'PC n'. In hierdie verwysing verwys die voorskrif 'PC' na 'n media artikel. Die letter 'n' verwys na die relevante bladsy nommer wat aan die artikel toegeken is. Die bronne van die persartikels verskyn in die bronnelys.

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Mtumtum, Lungisa Shadrack. "Effecting social justice during conciliation and CON-ARB processes conducted at the CCMA and bargaining councils." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19245.

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The primary purpose of this treatise is to reexamine the South African labour dispute resolution bodies to see if they live up to the legislation’s promise of promoting social justice in conciliation, arbitration and con-arb processes concluded by them. The study defines social justice and examines this term in relation to employment law. The promotion of social justice was reaffirmed by the International Labour Organisation in its 1944 Conference which was later incorporated into its Constitution. The study briefly reviews the importance of this conference of the 10 May 1944 in relation to promoting social justice. The study also examines the social justice in the context of South African employment laws by briefly analyzing each South African labour legislation and the Constitution. This analysis is based on the provisions of legislation and considers if the respective provisions promote social justice as required by the International Labour Organisation’s Constitution and later by the South African Constitution. In analyzing the Constitution, and other legislation like the; Employment Equity Act (EEA), and Labour Relations Act (LRA), the treatise examines certain cases that were determined under the legislation from social justice perspective. The Labour Relations Act 66 of 1995 represents one of the major reforms of the labour relations system in South Africa. It is guided by the Constitution in terms of promoting social justice. The LRA established the dispute resolution bodies that are mandated by the legislation to resolve labour disputes. The study examines the systems and the processes employed by these bodies mainly the Commission for Conciliation; Mediation and Arbitration (CCMA) and the Bargaining Councils to determine if these systems are promoting social justice as required by the legislation. In conducting this analysis the study considers not only the processes adopted but also the manner in which the relevant dispute resolution bodies market their services; their strategies and operational plans; and accessibility and more. The study further investigates the challenges that these bodies are faced with that have a negative impact on their responsibility to promote social justice. These challenges faced by society range from unemployment, the level of literacy and the growing inequality within South African society. They constantly pose a challenge and require these bodies to consistently devise means and strategies to overcome them. A limited comparative study is undertaken in order to determine whether South Africa can learn anything from another country. There are several countries that may have been chosen to conduct this study but the study considered the fact that it needs to look at the country without the sub-Saharan Africa. The country that shares a history similar to South Africa due to the fact that the social challenges faced by the South African society might be similar to those faced by the country chosen. In this research Namibia was chosen as a suitable country to determine whether there is something to learn from it or not. In conclusion it is submitted that South African legislation pertaining to labour dispute resolution needs to constantly evolve in order to promote social justice challenges of the time.

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Muyebe, Stanslaus C. "The canon law framework for arbitration of delictual disputes in the Roman Catholic Church of South Africa : a critical and comparative study." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50469.

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Thesis (DTh)--Stellenbosch University, 2005
ENGLISH ABSTRACT: In his analysis of conflict resolution in the church sector, Professor Coertzsen (1998:69) points out that disputes occur also within the churches. While some of the disputes are purely doctrinal, others fall into the category of civil disputes. Professor Rik Torfs in an article (1998:27) observes that the Catholic Church is increasingly becoming a site of civil dispute. These include delict claims. Examples of these are: financial loss as a result of unfair suspension or dismissal from a clerical position; financial loss or loss of reputation resulting from unfair dismissal from a religious congregation; damage to a child or adult arising from being sexually abused by a priest or religious or lay person. When delictual disputes occur, state courts have civil jurisdiction over them. At the same time, the South African Arbitration Act 42 of 1965 allows the parties to a delictual dispute to arbitrate their case as an alternative to civil litigation. This trend is gaining currency in the post-apartheid South Africa. In principle, therefore, church members may refer their delictual disputes for arbitration, instead of entering into civil litigation. Church members, thus, have the choice to have their case arbitrated, and church leaders need to make it clear to members that they also have the right to bring their case to the state courts. This study highlights the need for the churches to have an office of contlict resolution. The office may then advise church members who have a delictual dispute on the options available to them. The office may have a list of lawyers (Christian lawyers) who are willing and able to arbitrate on matters referred to them by other Christians. When the parties decide to have their delictual case arbitrated by lawyers, the determination as to whether a person is legally liable for damage repair requires a legal framework. Unlike the situation in civil litigation, the parties who opt for arbitration have the freedom to decide on the legal framework that the arbitrator should use in determining liability. Catholic Church members who are parties to a dispute may, for example, jointly agree that the arbitrator employ the internal law of the Catholic Church, namely the canon law framework. This study envisages a situation where the parties have jointly agreed to the employment of canon law for the arbitration of their case. When the disputants and the arbitrators engage in discussion and decide on whether to use canon law, they need to ask themselves the following questions: (I) What principles and rules of law has canon law established for the determination of the issue at dispute? (2) How do the standards of justice in canon law differ from those in secular law? What provisions invoked by the arbitrators would result in gross injustice to the claimant? (3) If the provisions of canon law would result in gross injustice to the claimant, the church members who are parties to a dispute may choose to rectify and supersede the limitation inherent in canon law. The question arises: to what provisions in secular law are the arbitrators and Church members able to resort to compensate for the limitations of canon law? (4) How do the standards of justice in canon law differ from Biblical standards? To what biblical messages might the arbitrators and the church members resort to overcome the limitations in canon law? While recognising the value of the fourth question, this study limits itself to the first three. It is hoped that future studies will address the fourth question. The present study attempts to answer the first three questions by means of a critical comparative analysis of the framework that canon law has established for determining the various possible issues at dispute. In the study it is argued that the employment by an arbitrator of some of the provisions in canon law would result in gross injustice. The disputants need to take note of these before they mandate the arbitrator to apply canon law in their case.
AFRIKAANSE OPSOMMING: In sy analise van kontlikoplossing in die kerk, wys professor Coertzen (1998:69) daarop dat geskilpunte ook binne kerke plaasvind. Terwyl sommige hiervan suiwer leerstellig is, ressorteer ander onder die kategorie van siviele dispute. In 'n artikel verwys Professor Rik Torfs (1998:27) daarna dat die Katolieke Kerk toenemend 'n plek van siviele dispuut word. Hieronder word onregmatige eise ingesluit . Voorbeelde hiervan sluit in: finansiele verlies as gevolg van onregverdige skorsing of afdanking van 'n geestelike pos; finansiele verlies of verlies aan reputasie wat spruit uit onregverdige ontslag van 'n godsdienstige gemeente; skade aan 'n kind of volwassene wat spruit uit seksuele mishandeling deur 'n priester, 'n godsdienstige of leke persoon. Wanneer onregmatige dispute plaasvind, het staatshowe siviele jurisdiksie daaroor. Terselfdertyd laat die Suid-Afrikaanse Arbitrasie Wet 42 van 1965 toe dat partye tot 'n onregmatige dispuut hul saak kan laat arbitreer as 'n alternatief tot siviele litigasie. In Suid- Afrika het hierdie neiging toegeneem in die postapartheid era. Ous, in prinsiep, mag kerklidmate hul onregmatige dispute verwys vir arbitrasie, in plaas daarvan om hul te wend tot siviele litigasie. Ous het kerklidmate die keuse om hul sake te laat arbitreer, en kerk leiers moet dit aan lidmate duidelik stel dat hulle ook die reg het om hul sake na die staaathowe te neern. Hierdie studie bring die noodsaaklikheid na yore die vir kerke om 'n kantoor te he vir kontlikbeslegting. Die kantoor mag dan kerklidmate wat 'n onregmatige dispuut het adviseer aangaande die alternatiewe wat vir hulle beskikbaar is. Die kantoor mag 'n lys hou van Christel ike prokureurs wat gewillig en bevoeg is om te arbitreer 001' sake wat deur ander Christene na hulle verwys word. Wanneer die partye besluit om hul onregmatige saak deur prokureurs te laat arbitreer, het die vasstelling of 'n persoon wetlik aanspreeklik is vir reparasie van skade 'n wetlike raamwerk. Anders as in die geval van siviele litigasie, het die partye wat besluit op arbitrasie die keuse om te besluit watter wetlike raamwerk die arbiter rnoet gebruik om aanspreeklikheid vas te stel. Lidmate van die Katolieke Kerk, wat partye tot 'n dispuut is, mag, by voorbeeld, gesamentlik besluit dat die arbiter die interne reg van die Katolieke Kerk gebruik, naamlik die kanonieke regsraamwerk. Hierdie studie beoog 'n situasie waar die partye gesamentlik besluit het om die kanonieke reg vir die arbitrasie van hul saak te gebruik. Wanneer die disputante en die arbiters in gesprek tree en besluit of die kanonieke reg gebruik sal word, moet hulle hulself die volgende vrae afvra: (I) Watter prinsiepe en reels van die reg het die kanonieke reg ingestel om die saak van dispuut wat ter sprake is, te bepaal? (2) Hoe verskil die standaarde van die reg in kanonieke reg van die in burgeri ike reg? Watter voorsienings ingestel deur die arbiters sou uitvloei in erge onreg aan die eiser? (3) As die voorsienings van die kanonieke reg sou lei tot erge onreg aan die eiser, mag die kerklidmate, wat partye tot die dispuut is, kies om in die kanonieke reg die beperkings reg te stel en te vervang. Die vraag ontstaan: na watter voorsienings in die kerklike reg kan die arbiters en kerklidmate verwys om te vergoed vir die beperkinge van die kanonieke reg? (4) Hoe verskil die standaarde van die reg in kanonieke reg van die bybelse standaarde? Na watter bybelse boodskappe mag die arbiters en die kerklidmate verwys om die beperkinge in die kanonieke reg te oorkom? Terwyl die waarde van die vierde vraag erken word, word hierdie studie beperk tot die eerste drie. Daar word gehoop dat toekomstige studies die vierde vraag sal aanspreek. Die huidige studie poog om die eerste drie vrae te beantwoord deur middel van 'n krities-vergelykende analise van die raamwerk wat die kanonieke reg ingestel het 0111 verskeie rnoontlike sake van dispuut vas te stel. In hierdie studie word aangevoer dat die indiensneming deur 'n arbiter van sommige van die voorsienings van kanonieke reg sou kon lei tot erge onreg. Die disputante moet kennis neem hiervan voordat hulle die arbiter die mandaat gee om die kanonieke reg in hul geval toe te pas.

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Walters, Michele. "Seed ecology as a determinant of population structure in some Southern African Savanna Acacia species." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53044.

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Thesis (MScAgric)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: African Acacia species are often major contributors to the progressive increase in the woody component of savannas, a phenomenon commonly referred to as bush encroachment. In Hluhluwe- Umfolozi Park, the numbers of adult Acacia nilotica (L.) Willd. Ex Del. trees per hectare far exceed (by III) that of A. karroo Hayne adults. The relative dominance is reversed in the juvenile stage with A. karroo (725 ha') outnumbering A. nilotica (225 ha-I) threefold outside closed woodlands. African acacias produce large quantities of seed and may have large soil-stored seed banks. They suffer pre-dispersal predation by bruchid beetles and may be either wind or animal dispersed. Once dispersed they are vulnerable to post-dispersal attack. This study tested several hypotheses regarding various aspects of seed ecology of A. karroo and A. nilotica. The null hypothesis that seed ecology does not contribute to the success of A. karroo over A. nilotica, was tested. Acacia karroo trees were smaller (mean basal diameter: 7.8 cm) than A. ni/otica trees (mean basal diameter: 18.5 cm) on average, but produced more seeds (A. karroo mean: 1628; A. nilotica mean: 992) for a given basal diameter size class. It was found that A. karroo showed less bruchid infestation (mean: 1.36-3.81%) than A. nilotica (mean: 14.67-86.70%) at all stages of pod development with a proportion of A. karroo seeds (7.1 %) being able to germinate after bruchid attack. Bruchid attack rendered A. ni/otica seeds unviable. There was no difference between the two species with regards to the soil-stored seed bank and the viability of seeds found in the soil. Acacia karroo showed higher germination levels (5.1%) and better establishment (4.9%) than A. nilotica (1.5% and 0.4% respectively). On average, there was no difference in germination levels between burnt and unbumt seeds, but there was a significant difference in germination of burnt seeds in both burnt (4.5%) and unbumt (2.5%) sites and unbumt seeds in both burnt (2.8%) and unbumt (4.9%) sites when considered separately. Post-dispersal predation of A. karroo seeds (21.8%) was higher than that of A. nilotica (12.7%). There was more rodent predation in tall grass areas (26.0%) than short grass (10.7%) or canopy areas (15.2%), and most seeds were lost from unprotected control groups. Rodent presence was a significant factor in unexplained seed disappearance. The ability of A. karroo to germinate easily and the low levels of beetle predation experienced by this species seemed to be its main advantage over A. nilotica as an encroaching species in Hluhluwe-Umfolozi Park.
AFRIKAANSE OPSOMMING: Die Acacia spesies van Afrika is dikwels belangrike bydraers tot die progressiewe toename in die houtkomponent van savannas. Hierdie verskynsel word algemeen na verwys as bosindringing. In die Hluhluwe-Umfolozi Park is die aantal volwasse Acacia nilotica (L.) Willd. Ex Del. bome per hektaar aansienlik meer (l l l meer) as die aantal volwasse A. karroo Hayne bome. In die jong stadium is die oorheersing omgekeerd, met driekeer soveel A. karroo (725 ha-I) as A. nilotica (225 ha-I) bome buite beboste gedeeltes. Afrika se Acacia spesies produseer groot hoeveelhede saad en kan oor aansienlike grond-gebergde saadbanke beskik. Voor verspreiding word die saad aan predasie deur bruchid-kewers blootgestel. Die saad kan óf deur wind óf diere versprei word en na verspreiding word dit ook aan predasie blootgestel. Hierdie studie het verskillende hipoteses rakende verskeie aspekte van die saadekologie van A. karroo en A. nilotica getoets. Die nulhipotese dat saadekologie nie tot die groter sukses van A. karroo teenoor A. nilotica bydrae nie, is getoets. Acacia karroo bome was oor die algemeen kleiner (gemid. basale omtrek: 7.8 cm) as A. nilotica (gemid. basale omtrek: 18.5 cm) bome maar het meer saad (A. karroo gemid.: 1628; A. nilotica gemid.: 992) per gegewe basale diameter grootte klas gelewer. Daar is geen verskil tussen die twee spesies rakende grondgebergde saadbanke en die lewensvatbaarheid van hierdie saad gevind nie. Acacia karroo het hoër vlakke van ontkieming (5.1%) en beter vestiging (4.9%) as A. nilotica (l.5% en .4% respektiewelik) getoon. Daar was oor die algemeen geen verskil in die ontkiemingsvlakke van gebrande en ongebrande sade nie, maar wel 'n beduidende verskil in die ontkieming van gebrande sade in beide gebrande (4.5%) en ongebrande (2.5%) areas en ongebrande sade in gebrande (2.8%) en ongebrande (4.9%) areas as dit afsonderlik geëvalueer is. Die predasie van A. karroo saad na verspreiding (21.8%) was hoër as dié van A. nilotica (12.7%). Daar was meer knaagdier-predasie in gebiede met lang gras (26.0%) as dié met kort gras (10.7%) of boomryke gedeeltes (15.2%). Die meeste saad is in onbeskermde kontrolegroepe verloor. Die teenwoordigheid van knaagdiere het 'n belangrike rol in die onverklaarde verdwyning van saad gespeel. Dit is gevind dat A. karroo se vermoë om maklik te ontkiem, asook die lae vlakke van insek skade aan die saad, die belangrikste voorsprong is wat dié spesie oor A. nilotica as 'n indringer in Hluhluwe-Umfolozi Park het.

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21

Nxele, Beka Jeremia. "Population genetics of bush-encroaching acacia mellifera at Pniel, Northern Cape Province, South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/5160.

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Thesis (MScConEcol (Conservation Ecology and Entomology))--University of Stellenbosch, 2010.
ENGLISH ABSTRACT: Two populations of Acacia mellifera were noted in Pniel, which is a semi-arid savanna, near Kimberley in the Northern Cape province of South Africa. One population appeared on a rocky, andesitic laval ridges (soil pHKCL 6.5-7.0) along the Vaal river. The other appeared in a sandveld area (soil pHKCL 4). Bush encroachment by A. mellifera was found to be more extensive on the rocky areas than in the sandveld and the two habitats differed extensively on soil pH, clay and silt contents and also on water holding capacities. The rocky habitat was thus deduced to have a higher CEC. Seeds were sampled on a logarithmic scale for allozyme analysis and also randomly in each of the two habitats for local adaptation tests, in which case lime (CaCO3) and organic matter (cow-dung) were used in a completely-crossed design. Detected interaction effects (between population source and pH; population source and organic matter and between pH and organic matter) and significant differences could not separate the two populations as the differences occurred across populations. Random genetic differences leading to phenotypic plasticity in the two observed populations, might be responsible for the observed phenotypic differences. Allozymic data showed no significant differences between the two populations and the genetic distance between and within the populations also confirmed that the two populations had not genetically differentiated. The Mantel Test on the two populations, showed nonsignificant results. Nei‟s UPGMA dendrogram revealed that the game farm subpopulations were more primitive and genetically related to each other. Despite differences in allozyme frequencies, between the sampled sites, genetic differentiation was found to be low (FST = 0.337). Nei‟s (1972) original measures of genetic distance ranged between 0.871 and 1.000 with a mean of 0.949 ± 0.053. The study concluded that the two observed populations had not genetically differentiated and no local adaptation could be established rather phenotypic plasticity was evident and resulted in the observed divergent growth forms. Nonetheless, the overall direction of spread of encroachment appeared to be the eastward.
AFRIKAANSE OPSOMMING: Twee bevolkings van Acacia mellifera is gevind in Pniel, wat „n semi-ariede savanna is naby Kimberley in die Noord-Kaap provinsie van Suid-Afrika. Een bevolking het voorgekom op klipperige andesitiese lava riwwe (grond pHKCL 6.5-7.0) al langs die Vaalrivier. Die ander het voorgekom in „n sandveld area (soil pHKCL 4). Bos-oorskryding deur A. mellifera was meer uitgebreid op die klipperige areas as in die sandveld en die twee habitats het noemenswaardig verskil ten opsigte van grond pH, klei en silt inhoud asook waterhoukapasiteit. Dit kan was dus afgelei word dat die klipperige habitat „n hoër CEC het. Die sade was versamel op „n logaritmiese skaal vir allosiem-analise en ook ewekansig in die twee habitats vir lokale aanpassings toetse. In dié gevalle was kalk (CaCO3) en organiese material (koeimis) gebruik in „n totaal-gekruisde ontwerp. Bespeurde interaksie effekte (tussen bevolkings bron en pH; bevolkings bron en organiese material en tussen pH en organiese material) en noemenswaardige verskille kon nie die twee bevolkings skei nie, aangesien die verskille voorgekom het regdeur die twee bevolkings. Ewekansige genetiese verskille wat lei tot fenotipiese plastisiteit tussen die twee waargeneemde bevolkings mag dalk verantwoordelik wees vir die waargeneemde fenotipiese verskille. Allosiem-data het geen beduidende verskille gelewer tussen die twee bevolkings nie en genetiese afstand binne en tussen die bevolkings het ook bevestig dat die twee bevolkings nie geneties gedifferensiëer is nie. Die Mantel toets op die twee bevolkings het geen beduidende resultate gelewer nie. Nei se UPGMA dendogram get gewys dat die wildsplaas bevolkings was meer primitief en geneties verwant aan mekaar. Ten spyte van die allosiem frekwensies tussen die gemonsterde gebiede, was die genetiese differensiasie laag (FST = 0.337). Nei (1972) se oorspronlike meeting van genetiese afstand het tussen 0.871 en 1.000 beloop met „n gemiddeld van 0.949 ± 0.053. Die studie het bepaal dat die twee waargeneemde bevolkings nie geneties gedifferensiëer het nie en dat geen lokale aanpassing teenwoordig was nie. Fenotipiese plastisiteit was duidelik waarneembaar en het gelei tot die divergerende groeivorme. Nieteenstaande, was die algehele rigting van oorskryding ooswaarts.

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Burger, Dore Gertel. "Costing conflict : a multiple case study approach to quantifying conflict in the mining industry in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80236.

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Thesis (MComm)--Stellenbosch University, 2013.
This study will focus on conflict within organisations in the attempt to gain clarity on this very common phenomenon and to link conflict to financial cost. By gaining a financial grip on conflict this study attempts to give the reader the tools with which to estimate parameters and calculate financial costs within their own conflict situations. The reader will also be able to motivate the need for management to invest in pre-emptive conflict resolution structures. The study will focus on a sample population from the mining sector in South Africa. A multiple case study approach is used in order to understand the intricacies that make conflict a variable, situation-dependant occurrence after which data is collected to calculate a preliminary estimate of the financial costs incurred by the organisation due to hostilities within the sample population. The results of the study indicate that the samples chosen experience different types of conflict and also manage the conflict in different ways. The calculations reflect that conflict impacts on the organisation in a fiscally prominent way. Each case has its own unique major contributors to monetary costs incurred due to conflict depending on case specific attributes. The results clearly show that the financial cost of conflict has a severe impact on an organisation. The structured analysis provided by the study gives the reader a method with which to calculate the costs of conflict within other cases where conflict is assumed to have a negative impact on performance. In this way it becomes easier for the practitioner to effectively motivate for preventative action.

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Britz, Mari-Louise. "The effects of soil type and management strategy on vegetation structure and function in a semi-arid savanna, South Africa." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/53768.

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Thesis (MSc)--Stellenbosch University, 2004.
ENGLISH ABSTRACT: Bush encroachment in savannas leads to reduced diversity, productivity and profitability of rangelands. This holds important implications for the livestock and eco-tourism industries, as well as for subsistence ranchers in the South African semi-arid savannas, who depend on this vegetation type for economic and livelihood purposes. Soil moisture, nutrients, rue and herbivory are generally regarded as the principal factors determining vegetation structure and function within savannas. The factors and processes involved in the determination of the tree:grass ratio within savannas are, however, not clearly understood. We investigated the role of soil type and management strategy (cattle, game and communal grazing) in the determination of the presence and distribution of plant species in general, and on the presence and distribution of the encroaching tree species, Acacia mellifera, specifically. Both shortand long-term trends were investigated. The study area, the Kimberley Triangle, (Northern Cape Province, South Africa), was ideal for this kind of study because it has different management strategies practised on several soil types, and bush encroachment is a widespread phenomenon. Contrary to the belief that heavy livestock grazing is the main cause of increases in the tree:grass ratio, we found that soil type, through its effects on plant growth and on the presence and availability of soil moisture and nutrients, is more important in determining vegetation composition than management strategy. It was found that the various types of grazing management mainly influenced vegetation structure and function by affecting the competitive interactions between Ns-fixing woody species and non-Ns-fixing grasses. Of the soil factors affecting vegetation composition, soil texture was a good indicator of the physical conditions for plant growth in an area, and also of the presence and availability of soil moisture and nutrients. We found that sand and clay soils are relatively resistant to bush encroachment as compared to loamy-sand and -clay mixes. This is because woody growth is impaired in the first-mentioned habitats by soil texture, soil moisture regimes and heavy utilisation. In soils with combinations of loam, sand and clay, soil texture and moisture are not limiting to woody growth and if the repressive competitive effect of grasses on woody vegetation is removed, opportunities are created for recruitment of woody species and encroachment. Additionally, rockiness increases soil moisture infiltration. In the study area, woody species, and specifically A. mellifera, are associated with these areas. We suggest that in the study area, rocky areas are naturally encroached. This is in agreement with the patchdynamic approach to savanna vegetation dynamics. Because soil moisture is such an important factor in the determination of the tree:grass ratio in the study area, we further suggest that in above-average rainfall years, when soil moisture conditions are optimal for woody seed germination, establishment and growth, heavy grazing should be avoided, as it would provide the opportunity for encroachment. Keywords: Bush encroachment; N2-fixing species; game, cattle, communal grazing; soil texture; soil moisture; soil nutrients; Acacia mellifera; tree-grass competition.
AFRIKAANSE OPSOMMING: Bosindringing in savanna gebiede het verlaagde diversiteit, produktiwiteit en winsgewendheid van natuurlike weivelde tot gevolg. Behalwe dat dit die Suid-Afrikaanse vee- en ekotoerisme bedrywe raak, is verskeie bestaansboerderye afhanklik van die plantegroei-tipe vir oorlewing. Grondvog, grondvoedingstowwe, vuur en beweiding word algemeen aanvaar as die belangrikste faktore wat die struktuur en funksie van savannas bepaal. Daar is egter nog nie duidelikheid oor die prosesse wat betrokke is in die bepaling van die boom-gras verhouding in savannas nie. In dié studie het ons ondersoek ingestel na die invloed van grond tipe en beweidingstrategieë (beweiding deur beeste, wild, of kommunale beweiding) op die algemene verspreiding van verskillende plant spesies, en ook op die van die indringer spesie, Acacia mellifera. Beide kort- en lang-termyn patrone is ondersoek. Die studiegebied, die Kimberley Driehoek in die Noord-Kaap, Suid-Afrika, was ideaal vir so 'n ondersoek omdat verskillende beweiding strategieë op verskeie grond-tipes beoefen word maar bosindringing steeds 'n algemene verskynsel in die gebied is. Ons bevinding was dat, ten spyte van die feit dat daar oor die algemeen geglo word dat swaar beweiding die hoof oorsaak van bosindringing is, grond-tipe belangriker is in die bepaling van die spesie-samestelling van 'n gebied. Dit is as gevolg van die feit dat grond-tipe die groei van plante beïnvloed deur die teenwoordigheid en beskikbaarheid van grondvog en -nutriënte te bepaal. Die verskillende beweidingstrategieë beïnvloed meerendeels die kompetatiewe interaksies tussen N2-bindende hout-agtige spesies teenoor nie-Nj-bindende gras-agtige spesies. Grond-tekstuur was 'n goeie aanduiding van die algemene toestande vir plantegroei en ook van die teenwoordigheid en beskikbaarheid van grondvog en -nutriënte. Ons het bevind dat sand en klei grond, relatief tot leem, sand en klei kombinasies, weerstandbiedend is teen bosindringing as gevolg van die tekstuur, water-regimes en swaar beweidings vlakke wat op die grond-tipes voorkom. Omdat grond-tekstuur en grondvog nie beperkend is op die leem-, sand- en klei-grond kombinasies nie, kan bosindringing maklik hier voorkom as die onderdrukkende effek wat grasse op houtagtige plantegroei het, deur swaar beweiding verwyder word. A. mellifera is ook oor die algemeen met klipperige gebiede geassosieer omdat klipperigheid lei tot verhoogde infiltrasie van grondvog. In die studie-gebied is klipperige areas dan ook van nature ingedring deur A. mellifera. Dit stem ooreen met die siening dat savannas bestaan uit "laslappe" van verskillende plantegroei (patch-dynamic approach). Dit was duidelik dat grondvog 'n belangrike bepalende faktor is in die bepaling van die boom-gras verhouding in die studiegebied. Ons stel dus voor dat in bo-gemiddelde reënval jare, swaar beweiding vermy moet word, omdat houtagtige saailinge gedurende die tydperke maklik kan ontkiem en vestig juis omdat grondvog dan nie beperkend is nie. Sleutelwoorde: Bosindringing; N2-bindende spesies; bees, wild, kommunale beweiding; grond tekstuur; grond-vog; grond-nutriënte; Acacia mellifera; boom-gras kompetisie.

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Haasbroek, Mart-Marie. "Suid-Afrika, Maleisie en post skikkingsgeweld : konstitusionele wysigings as oplossing vir geweld?" Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/3031.

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Thesis (MPhil (Political Science))--Stellenbosch University, 2008.
This study undertakes to look at the relationship between peace agreements and the violence that follows these agreements. Throughout modern history, there are examples of peace agreements between two warring internal factions that ended in post-conflict violence and in extreme cases, to the end of the peace agreement. It does not necessarily lead to full out war, but can manifest in riots, like Malaysia and criminal violence in South Africa. This study attempts to compare both South Africa and Malaysia by looking specifically at the reasons for post conflict violence. South Africa has faced a growing problem with violent crime after the negotiations of the early 1990’s and its result, the new constitution of 1993, that functioned as the peace agreement. Malaysia moved through several constitutions to arrive at their constitution of 1957 that which viewed as their constitutional agreement. This constitutional agreement went to great lengths to protect the sons of the soil, the bumiputra. The uneasy peace only lasted until 1969, when race riots followed the general elections and left hundreds dead or injured. By studying South Africa and Malaysia and looking at the underlying factors of violence, with special focus on ethnic factors and especially poverty, can we move closer to the underlying causes of post conflict violence. Malaysia tried to address these problems by making constitutional amendments, following the 1969 riots. These amendments were implemented in 1972. Since then the problem of post conflict violence has been addressed to some extent. There are however, still factors of violence that have not been completely eradicated, that might lead to a flaring of violence again one day. The question that this thesis tries to address in the end is, if we need to consider and implement constitutional amendments, like Malaysia, to address our growing problem of post conflict violence. I attempt here to answer this question, comparing the histories of South Africa and Malaysia and the underlying factors of violence to see exactly how similar these states are and if the same solution can work for both.

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Sithole, Bryne Mandlenkosi. "Sources of disputes in South African construction contracts and the resolution techniques employed between clients and contractors." Thesis, 2016. http://hdl.handle.net/10539/22337.

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A dissertation report submitted to the Faculty of Engineering and the Built Environment, University of the Witwatersrand, in partial fulfilment of the requirements for the degree of Master of Science Building (in the Field of Project Management). School of Construction Economics and Management, University of the Witwatersrand, Johannesburg, 2016
Disputes are a common characteristic of the construction industry, the underlying sources of disputes, most frequent dispute resolution techniques employed and the responsiveness of the industry towards the available techniques was explored including detailed literature review on disputes in the construction industry. Disputes can lead to the significant waste of resources on contracts; and they thereby undermine the concepts of sustainability and value-for-money in contracts, thus affecting the overall health of the construction industry. The methodology involved interviews conducted among professionals with experience, review of published cases, contracts and media reports on disputes in the construction industry. The scarcity of research in this field is discussed and the empirical work on the sources of disputes, dispute resolution techniques and proficiency in the industry was reviewed. It is concluded that contractual issues need more attention to deter disputes occurrence, while negotiation, arbitration and litigation techniques dominate the industry. The industry lacks professionals with dispute resolution skills, therefore workshops and stringent policies are needed to advise the professionals to acquire the skills for the development and improvement of commercial relationships in contracts.
MT2017

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Mavungu, Eddy Mazembo. "Frontiers of prosperity and power: explaning provincial boundary disputes in post-apartheid South Africa." Thesis, 2012. http://hdl.handle.net/10539/10945.

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Ph.D. Faculty of Humanties, University of the Witwatersrand, 2011.
Post-Apartheid South Africa has been plagued by recurrent and protracted provincial boundary disputes since the demarcation of new provinces in 1993. These conflicts have mainly opposed the Government and affected communities with high security, economic, social and political cost. In many respects, these disputes have threatened the very legitimacy of Local Government. However, existing literature exclusively focused on the early Bushbuckridge case. Besides, analysis of this first instance of post-apartheid provincial boundary, though very enlightening, overemphasized socio-economic factors to account for the border dispute, paying little attention to ideological and strategic underpinnings of the clashes. These deficiencies particularly came to light when there emerged in 2005 other provincial boundary disputes in Khutsong, Matatiele, and Moutse. In the face of such countrywide political phenomena, it became clear that early studies of the Bushbuckridge border dispute needed to be complemented in order to enrich our understanding of social, economic and political drivers of these territorial conflicts. This PhD research distinctively uses a multiple case study approach in order to explain post-apartheid provincial boundary disputes. Drawing on interviews, observations and secondary materials on the three chosen case studies namely the Bushbuckridge, Khutsong, and Matatiele cases, this PhD thesis argues that post-apartheid provincial boundary disputes are complex socio-political phenomena which can best be accounted for by taking into account various socio-economic and political factors including the interplay between historically constituted material conditions of affected communities and their local notions of democracy and development, conflicting regional planning models, Government’s democratic deficit, strategic political struggles and limits of judicial arbitration. Interpreting these cases with the proposed explanatory framework clearly demonstrates that under the veneer of provincial boundary disputes, disputants have actually been engaging in battles for socio-economic emancipation, in ideological contestations and strategic political struggles. Physical provincial frontiers are fought over not because of any inherent importance, but mainly because they are represented as proxies for socio-economic prosperity and political power. At a time when the current government is still grappling with at least two provincial boundary disputes and is contemplating reducing the number of provinces, this thesis highlights lessons which should inform future provincial demarcation decisions.

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Segal, Kelly Megan. "Industrial psychological perspectives regarding labour unrest in the South African mining sector." Thesis, 2015. http://hdl.handle.net/10210/14771.

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M.Phil. (Industrial Psychology)
The primary purpose of this exploratory research study was to qualitatively explore industrial psychological perspectives regarding labour unrest within the South African mining sector from the period 2008 - 2011. This was done owing to the lack of literature pertaining to the field of industrial psychology in this regard. In order to achieve the above objective, semi structured interviews were conducted with industrial psychologists working in practice and associated directly with the mining sector. Additionally, semi structured interviews were conducted with industrial psychologists working in academia, which served as a peer review, hence making the outcome of the study more credible. The interviews were recorded and transcribed and thereafter, thematic content analysis was conducted in order to identify prominent, recurring themes associated with industrial psychological perspectives regarding the subject matter ...

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Cottle, Eddie. "Scoring an own goal? The Construction Workers 2010 World Cup Strike." 2011. http://hdl.handle.net/10962/60018.

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The nationwide strike by 70 000 construction workers between 8 and 15 July 2009 was unprecedented and significant in several respects. This was the first national strike on 2010 World Cup sites by South African construction workers and was therefore an historic event. A second key feature of the strike was the unity displayed by workers and trade unions within a sector organised by several trade unions. Engineering and building workers came out on strike, with the Building Construction & Allied Workers Union (BCAWU) and the National Union of Mineworkers (NUM) standing together as their representative organisations. A third feature of the strike was the widespread sympathy for it by the South African public and media. This was despite it potentially setting back progress with World Cup projects. Fourthly, the pressure placed upon the trade unions' negotiating team by the Ministry of Labour and the FIFA Local Organising Committee (LOC) proved lethal in undermining their, assisting in causing them to dilute their trade union demands and demobilising the national strike.

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Ralph, Malinda. "Beregting van arbeidsgeskille deur middel van privaat arbitrasie." Thesis, 2015. http://hdl.handle.net/10210/14147.

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Moodaliyar, Kasturi. "The abused women in South Africa : statutory implications and the use of mediation to resolve domestic violence disputes." Thesis, 2000. http://hdl.handle.net/10413/5285.

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Zuma, Nkosinathi Godfrey. ""Contingent organisation" on the East Rand : new labour formations organising outside of trade unions, CWAO and the workers' Solidarity Committee." Thesis, 2016. http://hdl.handle.net/10539/22795.

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Research report for the degree of Master of Arts in Industrial Sociology, submitted to the Faculty of Humanities, University of the Witwatersrand, Johannesburg
This research paper studied the recent labour unrest in the East Rand as there has been a rise in the number of marches and demonstrations led by the precarious workers to several workplaces. [No abstract provided. Information taken from introduction]
2017

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Hurter, Eddie. "Aspects of the nature and online resolution of domain-name disputes." Thesis, 2011. http://hdl.handle.net/10500/5589.

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The thesis analyses selected aspects of domain-name law, mainly from the perspective of trade-mark law. It discusses the evolution of the domain-name system and how it operates as background to a more detailed discussion of the theoretical classification of domain names. The thesis then examines the interplay between trade marks and domain names, and the resolution of domain-name disputes resulting from the inherent tension between these two systems. The main principles of domain-name dispute resolution are identified by way of an analysis of the panel decisions handed down in terms of the international Uniform Dispute Resolution Policy (UDRP) and the South African domain name dispute resolution regulations. This analysis always addresses, too, the extent to which national trade-mark law principles (with reference to the laws of South Africa, the United Kingdom, and the United States of America) apply, and the extent to which this is appropriate.
Private Law
LL.D.

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Nyamadzawo, Milton. "Strike action and limitations in labour law: a comparative analysis of South Africa and Zimbabwe." Thesis, 2018. https://hdl.handle.net/10539/27085.

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A research report submitted to the Faculty of Commerce, Law and Management of the University of the Witwatersrand, in partial fulfillment of the requirements of the degree Master of Laws in Labour Law, 2018
The right to strike is entrenched in the Constitutions of both South Africa (the Constitution of the Republic of South Africa 1996,) and Zimbabwe (The Constitution of the Republic of Zimbabwe Act 20 of 2013 as amended). There has been some significant labour law reforms in Southern Africa particularly in Zimbabwe where the right to strike was constitutionally provided for in 2013. Despite the entrenchment of the right to strike in the Constitutions of South Africa and Zimbabwe, there are limitations to this right to strike. It is submitted that workers have rights to strike within the limits of the law but the reality on the ground gives a different picture. While this thesis subscribes to the right of workers to strike, it also argues that the rights of other parties are as important as the rights of the striking workers. In South Africa there is an entrenched culture of violence within industrial action in this constitutional dispensation era.1 In Zimbabwe strike action is severely restricted through various mechanisms like the Public order and Security Act (POSA) 2007.2 An application letter must be sent to the police so that they can grant clearance for the strike. The only notable strikes that were allowed with minimal police intervention was the National Railways of Zimbabwe strike where workers had not been paid their salaries for 15 months3 and that of the Grain Marketing Board where workers had not been paid for more than 24 months.4 There are significant similarities and disparities on how the Labour Relations Act South Africa and the Labour Act Zimbabwe regulate strike actions. It is also apparent that there are inadequacies in the two Acts and that will require some legislative reforms to remedy incidents of unprotected or unlawful strike action.
XL2019

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Kekae, D. M. "Prevention and intervention strategies with regard to disputes on selection procedures on promotional posts in the North West Department of Education." Thesis, 2012. http://hdl.handle.net/10210/6602.

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M.Ed.
The Department of Education in North West is inundated with disputes as a result of procedures not being followed, in respect of promotional posts. This state of affairs has caused the Department a lot of money, a lot of stress to those affected as well as affecting the progress of many schools in the North West Province. The aim of this study is to describe a prevention strategy to be used in order to reduce the number of disputes experienced in the Department of education. In this work exploratory and descriptive, qualitative design is mainly used. The aim being to develop new insight into the phenomena and to increase understanding. Through interviews, the research has been able to explore and describe the viewpoints of, Director for co-ordination, District managers, affected Education Labor relations Council, with regard to causes of such disputes. The researcher has been able to develop prevention and an intervention strategy in North West. Prevention strategies, focusing on causes of such disputes, should be designed taking cognizance of factors highlighted by this study such as low level of illiteracy among School Governing Body members and unclear procedures on selection.

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Makoti, Mogerwa Zacharia. "Intergovernmental disputes between the provincial and local governments in South Africa : impediments to good governance and socio-economic development." Thesis, 2017. http://hdl.handle.net/10386/2552.

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Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2017
This mini-dissertation looks into the relationship between the different spheres or organs of the state, which is elaborately provided for in Chapter 3 of the Constitution. In particular, this mini-dissertation scrutinizes the propriety of the relationship between provincial and local government, using case law to analyze and examine conflicts within the organs of government. The critical question that is posed is whether the mechanisms provided for in the Constitution and legislation are working appropriately to foster cooperation between the spheres of government or whether they are inadequate to address these challenges. An argument that this mini-dissertation raises is that, in spite of the laws that have been put in place to resolve conflict within the state organs, the mechanisms provided for are inadequate and need to be strengthened if there is going to be proper and better cooperation between the spheres of government. The gap is more glaring in cases involving intervention by provincial governments into the functional terrain of local government. It has been observed that there is lack of willpower from the different role players to ensure the improvement of intergovernmental relations and cooperation as espoused by the Constitution. A comparative analysis was done, hence the mini-dissertation utilises the jurisprudence of the United Kingdom and Canada and draws useful lessons for South Africa. This paper therefore concludes that there is a need for legislative reform that will compel organs of government to avoid costly litigation against one another. It is recommended, also, that there should be effective inter-sphere communication so as to make plain the expectations of one sphere over another.

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Mpati, Thabo Michael. "Satellite based long-term evaluation of bush encroachment on sourish-mixed veld at the Towoomba Reseach Station in Bela Bela, Limpopo Province." Thesis, 2015. http://hdl.handle.net/10386/1428.

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Thesis (MSc. Agriculture (Remote Sensing)) -- University of Limpopo, 2015
Savannas are the most important ecosystems for raising livestock in Africa. In the past 50 years, evidence has shown that savannas throughout the world are being altered by bush encroachment. This is an ecological succession process where perennial plants such as shrubs and trees replace annual vegetation. This reduces the amount of palatable fodder and directly threatens livestock productivity in many localities. This study evaluated long-term bush encroachment using multi-date Landsat Thematic Mapper (TM) images 1989, 1990, 1993, 1995, 1999, 2004 and 2008 to reconstruct changes in spatial distribution of trees and shrubs at the Towoomba Reseach Station over a period of 19 years, from 1989 to 2008. Grasses and woody species were classified using unsupervised classification and Normalised Difference Vegetation Index was used to assess forage productivity and change in vegetation with years. The study was carried out at Towoomba Research Station in Bela Bela, Limpopo Province, South Africa. The study revealed that bush encroachment is a natural process and is independent of the grazing patterns. The results show that if not monitored encroaching species will make it difficult for grazers to get underneath the trees and also disturb the photosynthetic process of grass thereby replacing the grass. The study further showed that satellite remote sensing has the potential for monitoring rangeland quality. Keywords: Bush encroachment, remote sensing, classification and Normalised Difference Vegetation Index

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Matsetela, Samuel Dioka. "The management of disciplinary measures in the Public Sector with reference to the Department of Agriculture in Limpopo Province." Thesis, 2005. http://hdl.handle.net/10386/143.

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Thesis (MPA) --University of Limpopo, 2005
Management of disciplinary measures is a delicate part of work programmes that needs dedicated employees to handle. The personnel should be provided with acts, rules and regulations, codes and work procedures to serve as guidelines during their execution of their duties. In this research work, the participating workers indicated some perceptions that could contribute towards poor service delivery, which include tribalism, ethnicity etc. The Department of Agriculture should eliminate these perceptions soon in order to achieve the set departmental goals. The personnel should be encouraged to undergo various trainings so that they can be mentally empowered. They should be exposed to libraries to get materials relevant to their work sphere. Monitoring should be regular to ensure perfection within an institution. Employees are of the opinion that training workshops are for specific group of workers and that they are treated inequitably by the institution. Their future efforts are then demoralized. Knowledge acquired from various literatures should be implemented practically. The management and supervisors can gain knowledge about the various disciplinary approaches such as supportive approach; disciplinary policy, which indicates the steps to be followed when applying the disciplinary measures; disciplinary system like the designing of a disciplinary action; and the techniques such as the analyzing of the written institutional records and statement of discipline related rules and procedures. All employees within an institution should take discipline as reformative. Supervisors should where possible react positively in order to bring balance between the workers and the employer. The treatment of employees should develop positive attitudes such as the desire to work with, and not against, their superiors. The data collected indicated that there are factors contributing towards fair or unfair management of disciplinary measures. Good factors should be encouraged and maintained whereas the negative ones should be addressed to avoid delay in service delivery.

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Kumwenda, Joshua. "Can a defective hearing be cured by a subsequent appeal? : an examination of fair procedure in employer's disciplinary inquiry." Thesis, 2012. http://hdl.handle.net/10386/1028.

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Mogashoa, Regina Etla. "Bush encroachment effects on above-ground biomass, species, composition, plant diversity and selected soil properties in a semi-arid savanna grassland." Thesis, 2020. http://hdl.handle.net/10386/3394.

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Thesis (M.Sc. Agriculture (Pasture Science)) -- University of Limpopo, 2020
Bush encroachment is a major problem in arid and semi-arid savannas characterized by a grass layer interspersed with a shrub stratum. Land cover change as a result of rapid proliferation of woody species in previously open rangelands alters herbaceous species and impacts soil properties. So far, little is known about the threshold at which woody plant density and cover affects herbaceous cover and the underlying mechanisms driving bush encroachment in arid and semi-arid rangelands are still debated. The objectives of this dissertation were to (1) to assess woody species composition and structure along an encroachment gradient and to explore the relationship between woody vegetation and herbaceous vegetation. (2) To determine the effect of increasing tree density and cover on grass species richness, diversity, evenness and selected soil nutrients in a bush encroached rangeland. In order to address these objectives, a semi-arid rangeland was demarcated into three encroachment gradients spanning from open to intermediate and intensive. Within each encroachment gradient six plots of 10 m x 10 m were randomly selected, whereby woody and herbaceous vegetation were assessed and soil properties determined. A discernible increase in woody species diversity and evenness was found along the transition from open to intensive bush encroached rangeland. Leguminous woody species Vachellia spp. and Dichrostachys cinerea were dominant along the bush encroachment gradient. Tree height was found to be positively correlated with long crown diameter (LCD) and short crown diameter (SCD). Furthermore, increasing tree density resulted in a 53% decline in grass species richness (GR). A decline in GR mirrored an increase in the composition of the decreaser species Panicum maximum (90%). Increasing woody plant density and cover also increased macro-nutrients; total carbon, nitrogen, phosphorus, exchangeable calcium and magnesium by 21%-159% in the shallow rangeland soils. Such quantitative information will assist rangeland managers to better understand the effects of varying bush encroachment intensities on herbaceous species composition, richness and soil properties in semi-arid savanna rangelands.

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Mokoka, Malesela Vincent. "Impact of rainfall on the determination of tree age and establishment patterns of acacia tortilis in the Limpopo Province, South Africa." Thesis, 2016. http://hdl.handle.net/10386/1691.

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Thesis (MSc. Agriculture (Pasture Science)) -- University of Limpopo, 2016.
The relationships between tree age, growth rings, and stem circumference correlated with establishment patterns may be a valuable instrument to reveal the functioning of woody species in the Savanna Biome. A study on tree age and establishment patterns of Acacia tortilis in the semi-arid regions of the Limpopo Province was conducted to aid an understanding of the causes of encroachment in savanna vegetation. This study aimed to determine the periodicity of growth ring formation at two study areas, correlate the number of growth rings with different tree characteristics and document tree population establishment patterns of Acacia tortilis, using stem circumferences. This was done in order to predict long-term bush encroachment using the interaction between rainfall and soil on the age, growth and establishment patterns of Acacia tortilis. Data was collected at three sites representing two study areas, two sites at the University of Limpopo’s Syferkuil Agricultural Experimental Farm and one site at the Sondela Nature Reserve in the Limpopo Province. The study incorporated two different soil forms and two rainfall regimes. Trees were divided into five height classes; namely, <0.5 m, >0.5 – 1.5 m, >1.5 – 2.0 m, >2.0 – 3.0 m and >3m. Fifty trees (ten in each class) were felled at each site, and the following recordings were made: tree height, stem circumference and crown diameter. Furthermore, each felled stump was taken to the laboratory and examined for growth rings. The results indicated that growth pattern of Acacia tortilis stems were more influenced by soil form than the amount of rainfall. Tree height was not significantly affected by soil form. However, rainfall proved to have a significant effect on the final height of the plant. Both rainfall and soil form did not have a substantial effect on the number of growth rings. Crown diameter was affected by soil form but rainfall did not prove to have the same effect. Correlations between growth rings and stem circumferences, tree height and crown diameter, proved to have significant relationships. However, the relationship between stem circumference and the number of growth rings was the most significant. iv A prediction model was created using the relationship between stem size and growth rings. Using this model tree age can be determined in a non-destructive manner. However, the absence of a correlation between rainfall and establishment strongly suggests that rainfall cannot be used, on its own, to determine the establishment sequence and the pattern of bush encroachment. The study suggests that natural developments responsible for establishment patterns and population dynamics of woody species are complex, and their effects are visible after an extensive period. Therefore, to understand these influential processes comprehensively, several seasons of observations and monitoring would be recommended. Future research on this particular topic should include more than one encroaching species, because this will provide a broader perspective on the encroachment patterns of bush communities. However, the focus should be on studying the influence of growth limiting factors such as soil and climatic impacts, as well as area-specific environmental factors on the growth of encroaching species, such as Acacia tortilis. Key words: Bush encroachment, dendrochronology, growth rings, tree age, savanna, stem circumference Note: The candidate and the supervisors are aware of the fact that the Acacia genus has been revised. However, in this dissertation, the genus and species Acacia tortilis is still used. Relevant changes will be used in future publications.
University of Limpopo’s Department of Agriculture and National Research Foundation

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41

Bushe, Bernard. "The efficacy of alternative dispute resolution (ADR) in labour dispute resolution : a critical comparative analysis of Botswana, South Africa and Zimbabwe." Diss., 2019. http://hdl.handle.net/10500/26223.

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This Master of Laws dissertation is a treatise of “The efficacy of Alternative Dispute Resolution (ADR) in labour disputes: a critical comparative analysis of Botswana, South Africa (RSA) and Zimbabwe.” Alternative Dispute Resolution hereinafter referred to as (“ADR”) has attracted so much research ado worldwide with policy makers alive to its possibilities in so far as it ought to shed off the burden of the courts in handling disputes. Courts are considered inundated with unresolved cases taking many years to finalise. ADR is therefore touted, not only the panacea, but the cheaper, efficient and effective alternative to normal court process. This study was saddled with the common challenges of definition, scope and methodology as does most scientific studies, especially to locate the concept ADR in the plethora of views from prominent exponent-s of the discipline. This study labored on the considered view that ADR is essentially an ‘out of court settlement approach to dispensing with disputes involving an attempt by disputants to rope in an impartial third party to aid finality to the respective wrangle. The lack of a methodological approach to treat this subject matter, made this study more challenging. The study had to therefore rely on a hypothetical model developed after gleaning through various scholarly views 1 that sought to treat the subject of ADR efficacy in labour dispute resolution. The study contented with the strongly held view 2 that ADR is an efficacious approach in resolving disputes outside the court system. As to whether this was the case in Botswana, RSA and Zimbabwe in so far as labour dispute resolution is concerned was the major challenge this study was seized with? A model was formulated which envisaged that efficaciousness of ADR may be achieved if three conditions or criteria are present within a jurisdiction, namely (1) ADR Background Conditions that comprise (a) adequate legislative and political support; (b) Supportive institutional and cultural norms, (c) adequate and competent manpower, (d) sufficient funding support, and (e) power-parity of disputants; (2) ADR Program Design comprising of (a) Planning and preparation and (b) Operations and implementation and finally (3) ADR Measures (a) Client satisfaction; (b) Time efficient; (c) Cost saving and (d) Settlement & enforcement. This study measured the situations obtaining in the three countries using these three-pronged criteria. In all three measures3 this study found that although all the three countries still have a long way before their ADR became as efficacious as would be reasonably possible, RSA has made many strides such as legislative enactments immediately upon attaining independence that sought to address the injustices of the past and thereby installing structures for enforcing industrial democracy 4, while Botswana and Zimbabwe took 5 years 5 and over 10 years 6 respectively after attaining independence. RSA established an independent body for dispensing with labour dispute settlement7 while Botswana8 and Zimbabwe 9 are still reluctant to do so, relying rather on their labour ministries often marinated in bureaucratic bottlenecks hence stalling efficacy of ADR. While RSA makes effort to provide adequate and competent manpower because of sufficient funding, Botswana and Zimbabwe still struggle to dispense with disputes under their labour departments who are either inadequately skilled or also accused of favouritism in the case of Zimbabwe.10 All the three countries are regarded as unequal societies which tends to sway the power-parity of disputants with capitalists still wielding unbridled powers in dispute outcomes. South Africa enacted section 143 to the Labour Relations Act 11 which empowers the Director of CCMA to certify an arbitral award, giving it the same force as an order of the Magistrate Court. This has cut off the time and administrative burden of having to register an arbitral award with the court so as to obtain writs of executions and enforce it, a practice which is still prevalent in Zimbabwe. The Department of Labour in South Africa has made funding available to the CCMA to assist employees who are not in a financial position to enforce awards in their favour.12 The funding is aimed at employees who are too indigent to afford the costs of enforcement.13 These employees are deemed to be: (a) Employees who earn below the earnings threshold (currently at R205 433.30 per annum) – proof of income will be required by the CCMA. There is no record regarding enforcement or ease of enforcement of ADR outcomes in Botswana and Zimbabwe or at least this study is aware of. The governments of Botswana and Zimbabwe have been accused of using a heavy hand in determining wages, the right to strike and often curtailing union power through declaring certain sectors essential services. RSA’s Commission for Conciliation, Mediation and Arbitration hereinafter after referred to as (the “CCMA”)14 runs an electronic system of case management by which cases are screened and assigned commissioners whereas Zimbabwe and Botswana still rely on manual systems often inefficiently managed especially when it comes to allocating matters to ADR interventionists.15 In Zimbabwe the challenge of resources is acute often the Labour Officers lacking a simple photocopier and postage stamps to dispense with administration of disputes. This dissertation found that Botswana and Zimbabwe lack publicly available information from which to infer the efficaciousness of ADR practices therein. Measuring client satisfaction, efficiency and cost effectiveness, enforcement and settlement has not been tackled with ease, which was different when it came to RSA. This study argues that RSA’s ADR is efficacious rated at 75% attainment of settlement of disputes, despite accusations of failing to offer disputants options and job retention at the end of ADR intervention. Botswana and Zimbabwe on the measures raised above are not yet close to achieving efficaciousness based on the above criteria. The challenges need to be addressed to ensure that in all three measures ADR affords Botswana, RSA and Zimbabwe disputants a cheaper, efficient and effective alternative to dispensing with labour disputes. This study concluded with recommendations arising from the three measures ADR Background Conditions; ADR Program Design and (3) ADR Measures could be implemented towards achieving an efficacious ADR regime for the three countries and beyond.
Mercantile Law
LL.M.

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Mathiba, Marcus Kgomotso. "The jurisdictional conflict between labour and civil courts in labour matters : a critical discussion on the prevention of forum shopping." Diss., 2012. http://hdl.handle.net/10500/8593.

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The Labour Relations Act 66 of 1995 provides an elaborate dispute resolution system which seeks to resolve disputes in a speedy and cost-effective manner. However, this system is faced with a number of challenges. The application of common law and administrative law causes tension between the Labour Court and civil courts. It creates uncertainty in the development of our labour law jurisprudence and also leads to the problem of forum shopping. These problems in effect undermine the objectives of the Act. This dissertation analyzes problems in the LRA and other legislations leading to forum shopping. It also analyses the view of the courts on this problem and further expounds a number of possible solutions. The analysis revolves mainly around an observation of South African literature and case law.
Mercantile Law
LL.M.

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43

Shai, Namanetona Joel. "Intervention and resistance: the Batau of Mphanama, Limpopo province and external governance." Diss., 2016. http://hdl.handle.net/10500/21032.

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Text in English
The Batau of Kgaphola are of Swazi origin and migrated to Sekhukhuneland Limpopo Province in South Africa. The community has been involved in chieftainship disputes which date back to 1954 after the death of Chief Lobang III. Within the broader national political framework and execution of policies, the community became divided between the Makhuduthamaga and the Rangers. The Makhuduthamaga were anti-government and the Rangers pro-government. Each of the two groups gained the support of community members. The failure of the royal family to agree on who should lead the community after the death of Chief Lobang III led to a division from within. The former Lebowa government and the current Limpopo government intervened into the Batau chieftainship disputes without success. Commissions such as the Lekoloane, Ralushai and Nhlapo were established to deal with chieftainship disputes but this did not assist communities including the Batau of Kgaphola. The Kgatla Commission was also established and communities are still appearing before it and the Batau are still waiting to present their case. The study explores how the Batau of Mphanama dealt with their differences relating to chieftainship within the community and this instituted external intervention. It also uncovers how disputes within the royal family have affected members of the community and led to divisions. In the final instance the effect of decades of external political intervention and governance is evaluated.
Anthropology and Archaeology
M.A. (Anthropology)

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44

Vorster, Willem Adriaan. "Assessment and analysis of wildfires with the aid of Remote Sensing and GIS." Diss., 2013. http://hdl.handle.net/10500/14433.

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Wildfires destroy large tracts of veld and forest land every year in South Africa. These fires can be devastating, resulting in loss of human lives, the destruction of property and the loss of income, for example the forest fire in the Sabie district in Mpumalanga in 2007 which destroyed about 7% of South Africa’s forested areas. There are frequently legal disputes with respect to the origin of wildfires, the extent of the fire and the land cover destroyed by the fires. The forensic capabilities of remote sensing in detecting and analysing post-wildfire characteristics have become an important contribution towards solving such legal disputes and in understanding wildfire characteristics. These post fire products can be used as evidence in court cases. Most of the time those court cases came up a few years after the fire event. By then, little or no evidence can be found on the terrain where the fire was. Remote sensing archives provide a reliable source of data that can be used to analyse these events after these long intervals. The objective of this project is to highlight the methods used to generate these post-wildfire analysis products.
Environmental Sciences
M. Sc. (Environmental Science)

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45

Themistocleous, Nicola. "Child care and contact evaluations : psychologists' contributions to the problem-determined divorce process in South Africa." Thesis, 2017. http://hdl.handle.net/10500/23273.

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Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training programmes and practice guidelines, the intense adversarial nature of disputes and litigation processes, as well as the increase in board complaints levelled against psychologists at the Health Professions Council of South Africa. These challenges contribute to the reluctance of psychologists to become involved in care and contact matters. This study therefore aimed first to explore the current practices and contributions of clinical psychologists in care and contact disputes in South Africa, and second to evaluate the procedures used by clinical psychologists to inform their recommendations to the court. In such matters, clinical psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study was to identify and propose guidelines for a model of better practice. The study was guided by a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A qualitative research approach was employed. Data were collected through face- to-face interviews with clinical psychologists and advocates and were analysed using Thematic Network Analysis of Attride-Stirling. The findings, which indicated that that the practices of psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the findings designated that creating a universal model for care and contact evaluations to fit with the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical challenge. A position of observer-dependence and a reflective position on the part of the psychologist is instead indicated.
Psychology
Ph. D. (Psychology)

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46

Anspach, Philip. "The basis of contractual liability in indigenous law." Diss., 2003. http://hdl.handle.net/10500/1765.

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This study examines the basis of contractual liability in indigenous law. It concludes that contractual liability arises only from real contracts where one party has performed fully or partially in terms of an agreement. Attention is given to both the nature and concept of indigenous contracts to ascertain the function of contracts in indigenous societies in order to bring a holistic perspective to the topic. It is demonstrated that the settlement of disputes arising out of indigenous contracts is primarily focused on the reconciliation of people and the consequent maintenance of harmony within the community. The foremost concern in indigenous law of contract is with human justice rather than with strict legal justice, and expression is thereby given to prevailing community values.
Indigenous Law
LL.M.

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Potgieter, Hendrik Josephus. "Diensbeëindiging as deel van die uitsluiting in die Suid-Afrikaanse reg." 1996. http://hdl.handle.net/10500/15803.

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Text in Afrikaans
Summaries in English and Afrikaans
The statutory definition of the lock-out encompasses certain acts (inter alia termination of contracts of employment) which must be executed by the employer with a certain purpose. The Appellate Division has recently found that the employment relationship not necessarily terminates similarly to the common law contract of employment, but may subsist after termination of the contract of employment. The industrial court does not easily accept that it has been deprived of its unfair labour practice jurisdiction where terminations of employment take place in consequence of a lock-out. The motive of the employer seems to be decisive. In line with both the trend in first world countries and principles established by the courts in South Africa, the Constitution and especially recent labour legislation significantly curtail the bargaining power of the employer because it is progressively being believed that the employer has sufficient economic power to his disposal.
Die omskrywing van die uitsluiting in wetgewing omvat sekere handelinge {onder andere beeindiging van dienskontrakte) wat deur die werkgewer met 'n sekere doel verrig moet word. Die Appelhof het onlangs beslis dat die diensverhouding na beeindiging van die dienskontrak kan bly voortduur en nie noodwendig soos die gemeenregtelike dienskontrak ten einde loop nie. Die nywerheidshof aanvaar ook nie geredelik dat hy in geval van diensbeeindiging wat volg op 'n uitsluiting van sy onbillike arbeidspraktyk jurisdiksie ontneem is nie. Die motief van die werkgewer blyk hier deurslaggewend te wees. In lyn met sowel die ne1g1ng in eerstew~reldse lande, asook beginsels reeds deur die howe in Suid-Afrika gevestig, word die bedingingsmag van die werkgewer ingevolge die Grondwet en veral onlangse arbeidswetgewing betekenisvol ingekort omrede toenemend aanvaar word dat die werkgewer oor voldoende ekonomiese mag beskik.
Law
LL.M.

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Langley, William Roy Curtze. "The economic and socio-political factors influencing labour relations within Iscor from 1934 to 1955." Diss., 1997. http://hdl.handle.net/10500/17170.

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Founded in 1928, Iscor was intended to make South Africa self sufficient in the provision of steel while providing employment for poor whites. Economic considerations prevailed when Iscor began replacing expensive white labour with cheaper black labour. From 1934 to 1948 black labour was employed to curtail costs. While being replaced by black labour, white employees' salaries and fringe benefits remained better than those of their black colleagues. Affordable houses were provided for white employees while blacks were housed in overcrowded compounds. No medical or pension benefits were made available to black employees or their families, while white employees enjoyed both. White employees were provided with what were arguabley the finest sports facilities in the country while black facilities were neglected. With the National Party victory in 1948 more emphasis was placed on the employment of Afrikaans speaking white South Africans at the expense of blacks and English speaking whites.
History
M.A. (History)

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49

Leysath, Lindon Clifford. "Picketing in terms of the Labour Relations Act 66 of 1995." 1997. http://hdl.handle.net/10500/17211.

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Picketing, a method used by employees, collectively, to assert their demands against employers, is a controversial subject arising from the conflict of interest existing between labour and employers! Previously, South African law neither forbade nor regulated picketing. Consequently, no immunity from civil liability existed in relation to a person's conduct during a picket. Presently, picketing is regulated by section 17 of the Constitution of the Republic of South Africa Act 108of19% (right to picket) and section 69 of the Labour Relations Act 66 of 1995, which provides for a protected picket (one that complies with the requirements of section 69) whereby immunity from civil liability attaches to a person's conduct during a picket. These provisions and their coexistence is examined, comparing foreign law where relevant, in an attempt to provide a foundation for a topic relatively disregarded. Section 69 reveals elements of uncertainty and vagueness.
Law
LL.M.

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Dissertations / Theses on the topic 'Encroachment disputes – South Africa'

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