Thèses : « Civil procedure – South Africa »

1

Barwell, Lauriston. « Integrity assessment procedure for buffer dune systems on the Cape South Coast, South Africa ». Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6524.

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Thesis (MScEng (Civil Engineering))--University of Stellenbosch, 2011.
ENGLISH ABSTRACT: The hypothesis postulated in this research, namely that the effectiveness of natural and constructed buffer dune systems can be assessed by a set of indicators that defines the integrity of the dune system and triggers informed management decisions, was evaluated and proved to be essentially true. Two key objectives, namely (1) the identification of key indicators that define the buffer dune integrity; and (2) the development of a scientifically defendable and practical checklist-based method of gathering qualitative information on the identified key indicators so as to guide decision-making at municipal level formed the core of the study. The six dune integrity indicators that collectively define the risk profile of a particular site along the Southern Cape coastline are (1) the degree of protection from prevailing wave energy, (2) the characteristics of the dominant winds and sand supply during the dry season, (3) the relative height of the foredune, (4) the degree of pressure on the buffer dune due to humans, (5) the vulnerability of the type of coastline to erosion, and (6) the coastline stability considering the prevailing coastal processes. The first two indicators relate to the natural (permanent) characteristics of the site and can be defined by experts and presented in the form of a risk and vulnerability atlas layer for direct use by non-experts. The third and fourth indicators relate directly to the implementation of proactive assessment and appropriate management actions to ensure a high level of buffer dune integrity. The last two indicators allow for management intervention to reduce the vulnerability but may entail costly engineering solutions and require expert input. A conceptual risk profile assessment procedure and a decision support guideline incorporating these indicators were developed and evaluated for relevance and practicality through a series of workshops with municipal officials along the south coast of South Africa. It was seen that although some initial basic training may be required, carrying out rapid assessments of the environmental status of key components of an identified human–nature system, such as a buffer dune, is practical and achievable by non-experts.
AFRIKAANSE OPSOMMING: Die hipotese wat in hierdie navorsing gepostuleer is, naamlik dat die doeltreffendheid van natuurlike en geboude bufferduinstelsels geassesseer kan word deur ’n stel aanwysers wat die integriteit van die duinstelsel bepaal en ingeligte bestuursbesluite tot gevolg het, is getoets en bewys hoofsaaklik waar te wees. Twee sleuteldoelwitte, naamlik (1) die identifisering van sleutelaanwysers wat die bufferduinintegriteit bepaal; en (2) die ontwikkeling van ’n praktiese kontrolelys-gebaseerde metode wat wetenskaplik verdedigbaar is om kwalitatiewe inligting oor die geïdentifiseerde sleutelaanwysers in te samel ten einde besluitneming op munisipale vlak te bevorder, vorm die kern van die studie. Die ses duin-integriteitsaanwysers wat gesamentlik die risikoprofiel van ’n bepaalde terrein langs die kuslyn bepaal, is (1) die graad van beskerming teen die heersende golfenergie, (2) die kenmerke van die dominante winde en sandbron gedurende die droë seisoen, (3) die relatiewe hoogte van die voorduin, (4) die graad van druk op die bufferduin as gevolg van mense, (5) die eroderingskwesbaarheid van die soort kuslyn, en (6) die kuslynstabiliteit met inagname van die kusprosesse. Die eerste twee aanwysers het betrekking op die natuurlike (permanente) eienskappe van die terrein en kan deur kundiges bepaal word en in die vorm van ’n kaart in ’n risiko-enkwesbaarheidsatlas aangebied word vir direkte gebruik deur niedeskundiges. Aanwysers 3 en 4 hou direk verband met die implementering van tydige en deurlopende proaktiewe assessering en gepaste bestuursaksies om ’n hoë vlak van bufferduinintegriteit te verseker. Aanwysers 5 en 6 bevorder bestuursaksies om kwesbaarheid te verminder, maar kan moontlik duur ingenieursoplossings inhou en kundige insette benodig. ’n Konseptuele risikoprofielassesseringsprosedure en ’n besluitondersteuningsriglyn wat die aanwysers insluit, is ontwikkel en geëvalueer vir toepaslikheid en uitvoerbaarheid deur ’n reeks werkswinkels met munisipale amptenare aan die suidkus van Suid-Afrika. Hoewel aanvanklike basiese opleiding nodig kan wees, bly dit dat vinnige assessering van die omgewingstatus van sleutelkomponente van ’n geïdentifiseerde mens–natuurstelsel, soos ‘n bufferduin, prakties en haalbaar deur niedeskundiges is.

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Holness, David Roy. « Coordinating legal aid services in civil matters for indigent people in eThekwini : a model for improved access to justice ». Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/10981.

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The South African law and legal system can and should be a mechanism through which the lives of all resident there are enhanced through the safeguarding and advancement of the fundamental rights guaranteed in its Bill of Rights. This thesis focuses on ‘legal aid’ service delivery (broadly speaking) for the indigent in a particular locality by and through registered law clinics, other legal services providers and via other means in civil rather than criminal matters. In this regard there continue to be very substantial differences between the proper access to civil justice requirements of constitutional South Africa and the actual situation which has existed since the dawn of South Africa’s democratic era which continues unabated. Justice and equality are promised to all in South Africa, yet due to gaps in the ‘net’ of free legal services provided to the indigent, the ability to pay for legal services in civil cases often remains the deciding factor. This study examines the constitutional obligations which, it is argued, apply to the provision of free civil legal services to impoverished people in South Africa. This research considers the law as a vector for necessary positive transformation in the daily lives of those resident in South Africa, which is considered within the country’s woefully unequal socio-economic situation. It builds upon existing research and court authority which show the function of access to justice as an important promoter of the type of society envisaged by the South African Constitution - one where the enjoyment of justice and equality are within the reach of all. However, at present, if one can afford the expensive services of lawyers in civil matters, then access to justice is far more readily attainable. But the opposite is true where someone is denied meaningful access to justice through a lack of legal representation because they cannot afford prohibitively high lawyers’ costs (and disbursements) and no adequate alternatives are provided for by the state or through other means. In these circumstances a vulnerable, unrepresented litigant in a civil case faces a greatly increased likelihood of being denied proper access to a daunting and intricate legal system. There are two main reasons for concentrating on free legal services to the ‘needy’ in civil rather than criminal matters. In the first place, all available statistics show that a huge proportion of legal aid services in South Africa has been and continues to be dispensed in criminal rather than civil cases. Secondly, there has been minimal research or case authority in South Africa on legal aid and other free legal services for impoverished people in civil matters. This thesis examines the state of free civil legal service provision and the need for such assistance within the eThekwini Metropolitan Municipality, one of South Africa’s largest metropoles. This analysis includes an empirical study of the requests for free civil legal services in a particular year by qualifying potential clients in eThekwini and the degree to which free legal service providers are meeting or failing to meet those needs. The study considers the legal service provision in such matters by legal non-governmental organisations, state-supported legal service providers and the work of legal professionals in private practice acting pro bono. The thesis then proposes a model for eThekwini for coordinating (and concurrently improving) civil legal aid services, pro bono legal work and other forms of free legal assistance - like community service by senior law students and law graduates - in response to the particular needs and circumstances facing the indigent there. When referring to the concept of ‘legal aid services’, this research concentrates on legal advice, assistance and representation to indigent clients. However, the promotion of legal rights awareness to such clients is often necessary to open their eyes to the possibility of legal avenues, where appropriate, to improve their situations. Therefore this study also considers - albeit to a lesser degree - this more indirect form of legal assistance through the dissemination of legal knowledge in an accessible form to clients who would qualify for legal aid assistance. The work concludes by briefly postulating the likely appropriateness (and/or limitations) of the aforementioned ‘free civil legal service model for the indigent’ beyond eThekwini.

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Maclons, Whitney. « Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system ». University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.

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Magister Legum - LLM
Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.

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Gathongo, Johana Kambo. « The substantive and procedural limitations on the constitutional right to strike ». Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021205.

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This treatise discusses the increasing of the procedural and substantive limitations on the employees’ right to strike. The Constitution permits the right to strike to be limited in terms of the laws of general application. The Labour Relations Act (LRA) is a good example. Such limitation must be reasonable and justifiable in an open and democratic society, based on human dignity, equality and freedom. The study sought to investigate whether further increasing the existing limitations on the right to strike unduly breaches employees’ Constitutional right to strike and the purpose of the LRA. Further, the study sought to find out whether the additional content requirements in the strike notice amount to importing into the LRA additional limitations on the fundamental right to strike that enjoys no textual support. Through an extensive literature review, the findings arguably show that indeed further increasing the limitations on the employees’ right to strike may unduly infringe their right to strike. Moreover, the increase of the content requirements in a strike notice creates an unnecessary hurdle to employees wishing to strike. One of the most important finding made is that instead further increasing the limitations on the right to strike, going back to the basics of negotiation to alleviate strikes, particularly wage-related strikes is vital. To achieve this, it is important for employers to re-establish social and individual relationships with their employees, whereby they become aware of the issues that employees face on a daily basis. Also, establishing proper workplace dialogue and forums would assist employers in becoming aware of employees concerns. This would thereby prevent strikes, as problems can be dealt with beforehand. The findings above informed in the recommendations at the end of the study.

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Kasika, Richard. « The defence of inherent requirements of the job in unfair discrimination cases ». Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/450.

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The discrimination jurisprudence in South Africa has developed over the previous decade since the promulgation of the interim and final Constitutions. The Employment Equity Act of 1998 also gave impetus to the development of equality jurisprudence with reference to the workplace. In terms of both the Constitution and the Employment Equity Act, unfair discrimination is forbidden. Both the Constitution and Employment Equity Act list specific grounds on which discrimination would be regarded as unfair. Although discrimination on any of the listed grounds would be regarded as automatically unfair, there is realisation that this cannot be an absolute position. The Employment Equity Act makes provision that employers be able to justify discrimination even on the listed grounds where there are justifiable reasons. In terms of the EEA, it is not unfair discrimination to differentiate between employees on the basis of an inherent requirement of the particular job. It is this defence that is considered in the present treatise. The inherent requirements of the job as a defence in unfair discrimination cases is one, which needs to be carefully considered it in fact requires a clear understanding of what constitutes an inherent requirement. It is equally important to understand that although in one instance it may be justifiable to exclude certain employees on the basis of an inherent requirement of the job, a generalisation may give an employer difficulties under certain circumstances. An employer who is faced with a prospective employee who suffers from a particular illness that would make it impossible to do the job, could raise the defence of an inherent requirement of the job. However, the fact that a particular employee has the same illness as the previous one not employed does not give an employer an automatic right to exclude all prospective employees who suffer from the same illness without having had consideration of their circumstances as well as those of their illnesses. The defence of inherent requirements of the job is therefore valid only where the essence of the business would be undermined by employing or not employing people with certain attributes required or not required to do the job.

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King, Lyn Carol. « Public service commission grievance recommendation process ». Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/18002.

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The Public Service Commission (PSC) is an independent oversight body established in terms of chapter 10 of the Constitution, 1996. Although, its powers and functions were enacted in the Public Service Commission Act, 1997, this institution has been in existence since the early 1900’s. As an institution which was birthed during an era wrought with injustice, inequality upon a labour law framework which barely existed as the concept is understood today, the PSC played a leading role in the management of the public service. The influence of the Treasury, Governor-General and socio-political forces throughout the 1900’s negatively impacted the manner in which the PSC was effectively able to exercise its’ powers and functions. Subsequent thereto, the rise of staff associations and their concerted effort to be party to matters pertaining to the employment relationship, placed the PSC in a precarious situation which created the perception that the PSC was a “toothless organization”. Although the PSC has since transitioned significantly in that many of the functions it performed are now exercised by the Ministry of Public Service and Administration, today, this perception is still as real as it was in the 1970’s. The primary purpose of this treatise is to provide a historical background to present time, depicting the role undertaken by the PSC and whether the perception of being ineffective in the administration of the public service, remains. The researcher will provide a distinction of the nature of grievances dealt with by the PSC and other alternate dispute resolution bodies, with specific attention being drawn to the methodologies applied in the execution of its mandate relating to labour relations and personnel practices, and the overall bearing it this has on the effective administration of the public service. In the conclusion it is submitted that the powers and functions of the PSC may extend to directions, advice and recommendations (unenforceable), however in comparison to other dispute resolution bodies, these powers and functions are centred around the promotion of constitutionally enshrined values and principles. PSC prides itself in the fruits of its labour as it is able to make a far greater impact by investigating root causes of grievances and redressing systemic issues, emanating from yesteryear to date. It is therefore submitted that as a result of different methodologies applied in comparison to other dispute resolution bodies, the highly administrative processes embarked proves far more thorough and effective and as a result cannot be compared or perceived to be ineffective. Lastly, it is submitted that the co-operative rather than adversarial approach embarked upon by the PSC is befitting for a young democratic country where impact-driven bears far reaching results, extending over the public service administration at large. To this end, the researcher refutes the misconception that the PSC is a toothless, ineffective organization which no longer plays a meaningful role within the Public Service Administration.

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Louw, Jacobus Francois. « The right to adequate housing : making sense of eviction procedures in the context of rental housing after Ndlovu V Ngcobo ». Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15600.

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Thesis (LLM (Law))--University of Stellenbosch, 2004.
139 leaves printed on single pages, preliminary pages i-ix and numbered pages 1-130. Includes bibliography.
Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner.
ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act (RHA). The problem for the courts is knowing when to apply each act. To reach the goal embodied in the constitutional right of adequate housing for all, the government has invested R18 billion in housing since 1994. Despite this, the need for housing has escalated. The RHA, in which the legislature tried to create a balance between the rights of landlords and tenants, followed. This was done in order to alleviate some of the pressure to ensure access to land, which rests solely on the shoulders of the government. The legislature tried to create a sphere into which private investors would want to invest their money. A number of recent cases dealing with tenants who defaulted on their rentals and the landlord's capacity to effect eviction raised awareness about the existing inadequacies of the law in this particular field. In a Supreme Court of Appeal ruling, the court found that when a landlord wants to evict a defaulting tenant the time-consuming and costly procedure of PIE should be used. The assumption underlying this study is that PIE should not be applicable in cases of evicting a defaulting tenant. The rights and duties of the various parties involved in rental housing therefore need to be examined. The main aim is, however, to ascertain which procedure should be employed when obtaining an eviction order against a party holding over and what the effects are when the most appropriate eviction procedure is not used. A well-regulated relationship would ensure the best balance of interest for the landlord, tenant and the government by creating a market in which a landlord could make money out of letting and more tenants could obtain adequate housing through renting. A further assumption is that the rei vindicatio should be used when having a defaulting tenant evicted. It offers an alternative procedure that does not undermine the objectives of the housing legislation.
AFRIKAANSE OPSOMMING: Suid-Afrika ervaar tans 'n probleem met die verskaffing van behuising vir almal. Sedert die land se verwerwing van demokrasie in 1994 het die wetgewer 'n hele reeks wette aangeneem om die probleem op te los, ondermeer die Wet op Huurbehuising en die Wet op die Voorkoming van Onwettige Uitsetting en Onregmatige Okkupasie van Grond (hierna verwys as PIE). Die howe ondervind soms probleme wanneer daar bepaal moet word wanneer 'n spesifieke wet van toepassing behoort te wees en wanneer. Ten spyte van die R18 miljard wat die regering reeds bestee het aan armes sonder huise, het die getal mense wat sonder geskikte behuising woon gegroei. Die wetgewer het deur die promulgasie van die Wet op Huurbehuising gepoog om 'n mark te skep waarin daar behuising verskaf sal word in die vorm van huurbehuising. Terselfdertyd sal die privaatsektor baie nodige geld in die huurmark kan investeer. Onlangse regsspraak in die verband dui daarop dat daar nog baie leemtes bestaan veral met verwysing na uitsetting. Na 'n resente Appelhof beslissing sal die verhuurder van die meer tydrowende en duurder prosedures in PIE gebruik moet maak om 'n persoon uitgesit te kry. Die onderliggende aanname is dat PIE nie van toepassing behoort te wees wanneer 'n verhuurder 'n huurder wat agterstallig is met die huur wil uitsit nie. Die regte van beide huurder en verhuurder word gevolglik bestudeer. Die hoof-oogmerk van die studie is egter om vas te stel watter uitsettingsprosedure die beste sal wees en wat die gevolge sal wees indien die prosedure nie gebruik word nie. 'n Goed gereguleerde huurmark sal sorg dat huurders genoegsame beskerming geniet, dat die verhuurder geld sal kan maak uit die huurmark en dat die regering se druk tot 'n mate verlig word. 'n Verdere aanname is dat die prosedure vir die rei vindicatio die korrekte prosedure is om te gebruik om 'n huurder wat versuim om sy/haar huur te betaal uit te sit. Die rei vindicatio word gevolglik bestudeer en daar word getoon dat die prosedure aansienlik van die van PIE verskil. Dit bied 'n alternatief en is nie van so aard dat dit die behuisings wetgewing se oogmerke belemmer nie.

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Sizani, Lulama Viwe. « An assessment of grievance investigations by the public service commission in South Africa ». Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2422.

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Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2016.
This study assessed the role of the Public Service Commission (PSC) in the public service grievance investigations in South Africa, with the intention of finding a feasible approach for constructing and attending to fair and just grievance procedure. This study also sought to investigate the effectiveness of the methods used by the PSC employee grievances with the intention of recommending an appropriate approach in dealing with grievances. The PSC, as a Constitutional oversight body, may be charged with responsibilities to assess if the public service deals with grievances of employees, but fail to assess itself. It is studies like this that mirror how the PSC assesses employee grievances in the public service and whether it succeeds in advancing effectively and effective on that.

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Gildenhuys, Marianne. « The application of the Child Care Act in respect of the assessment and sentencing of juvenile offenders ». Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53087.

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Thesis (M Social Work)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: This study is concerned with children and youths in conflict with the law, who are additionally at risk of becoming or being in need of care. The study eventuated from concern for neglected children and youths from poor, disadvantaged and violent communities in the Western Cape Province, who inevitably lapsed into crime. Child and youth care, including juvenile justice, in South Africa is presently in a process of transformation, managed by the inter-ministerial committee on young people at risk. As an outcome of the transformation of the juvenile justice system, assessment centres were established at juvenile courts. Probation officers were appointed in terms of the Probation Services Act (Act 116 of 1991) to assess arrested children and youths before their first court appearance in view of a suitable awaiting trial placement and possible diversion of the criminal case. The researcher investigated how arrested children and youths, being in need of care, are managed within the criminal justice system. The research study showed that in spite of the implementation of policies and legislation to protect children and youths from detention in prison, the number of children and youths in prisons awaiting trial have steadily increased. A continuous shortage of vacancies in awaiting trial places of safety exists. It has further been established that professionals such as magistrates, prosecutors and probation officers recognize the needs of arrested children and youths who are additionally at risk of being or becoming in need of care. Factors such as the existing lack of vacancies in awaiting trial places of safety however result in children and youths not being protected in terms of care in all instances. The research study also indicated that arrested children and youths who are current subjects of the Child Care Act (Act 74 of 1983) as amended are often not effectively managed within the criminal justice system. A lack of sufficient knowledge of the said Child Care Act by especially prosecutors appears to be a contributing factor. A comprehensive criminal justice system for children and youths in South Africa is being envisaged, as contained in the draft Bill (Bill B), which will enable individualized but holistic services in respect of children and youths in conflict with the law. The role and tasks of probation officers carrying out assessments have as such become a key element in the management of arrested children and youths, as contained in the draft Bill (Bill B). Probation officers therefore playa significant role in advising the court regarding the appropriate management of arrested children and youths who are at risk of becoming or being in need of care.
AFRIKAANSE OPSOMMING: Hierdie studie het betrekking op kinders en jeudiges in botsing met die gereg, wat bykomend in gevaar is om sorgbehoewend te raak of sorgbehoewend is. Die studie het voortgevloei uit besorgdheid oor verwaarloosde kinders en jeugdiges van arm, agtergeblewe en geweldadige gemeenskappe in die Wes-Kaap Provinsie, wie noodwendig in misdaad verval het. Kinder- en jeugsorg, insluitend jeugreg in Suid-Afrika is tans in 'n proses van transformasie, wat deur die inter-ministeriële komitee vir jong persone in gevaar, bestuur word. As 'n uitkoms van die transformasie van die jeugregsisteem, is asseseringsentrums by jeughowe tot stand gebring. Proefbeamptes is in terme van die Wet op Proefdienste (Wet 116 van 1991) aangestel om gearresteerde kinders en jeugdiges te asseseer voor hulle eerste hofverskyning in die lig van 'n geskikte aanhouding terwyl verhoofafwagtend en moontlike afwending van die kriminele saak. Die navorser het ondersoek ingestel na die wyse waarop gearresteerde kinders en jeugdiges wat sorgbehoewend is, binne die kriminele jeugregstelsel hanteer word. Die navorsingstudie het getoon dat ten spyte van die implementering van beleid en wetgewing om kinders en jeugdiges van aanhouding in gevangenisse te beskerm, die hoeveelheid kinders en jeugdiges verhoorafwagtend in gevangenisse voortdurend toegeneem het. 'n Deurlopende tekort aan vakatures in plekke van veiligheid kom voor. Dit is verder vasgestel dat die behoeftes van gearresteerde kinders en jeugdiges wat bykomend in gevaar is om sorgbehoewend te raak of sorgbehoewend is, deur professionele persone soos landdroste, aanklaers en proefbeamptes erken word. Faktore soos die bestaande tekort aan vakatures in plekke van veiligheid veroorsaak egter dat kinders en jeugdiges nie ten alle tye beskerm word nie. Die navorsingstudie het ook aangedui dat gearresteerde kinders en jeugdiges wat steeds onderhewig is aan die Wet op Kindersorg (Wet 74 van 1983) soos gewysig dikwels nie doeltreffend binne die kriminele jeugregsisteem hanteer word nie. Gebrek aan voldoende kennis van die genoemde Wet op Kindersog deur veral aanklaers, blyk 'n bydraende faktor te wees. 'n Omvattende kriminele jeugregsisteem vir kinders en jeugdiges in Suid-Afrika word beoog, soos vervat in die konsep Wetsontwerp (Wetsontwerp B), wat die geleentheid vir individuele maar holistiese dienste ten opsigte van kinders en jeugdiges in botsing met die gereg sal bied. Die rol en take van proefbeamptes wat assesserings uitvoer het as sulks 'n sleutel element geword in die hantering van gearresteerde kinders en jeugdiges, soos vervat in die konsep Wetsontwerp (Wetsontwerp B). Proefbeamptes speel gevolglik 'n belangwekkende rol ten einde die hof te adviseer oor die gepaste hantering van gearresteerde kinders en jeudiges wat in gevaar is om sorgbehoewend te raak of sorgbehoewend is.

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Tarantal, Willem Benjamin. « The right of appeal : Exercising the right of appeal from the lower courts ». Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This thesis dealt with the constitutionality of the provisions of the Criminal Procedure Amendment Act, 2003 (Act 42 of 2003), pertaining to the leave requirement and petition procedures in respect of appeals against conviction, sentence or orders of the lower courts.

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Whelan, Johanna. « South Africa : whither civil society ? / ». Title page, contents and abstract only, 1996. http://web4.library.adelaide.edu.au/theses/09AR/09arw5659.pdf.

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Kerscher, Martin. « Plea bargaining in South Africa and Germany ». Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80257.

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Thesis (LLM)--Stellenbosch University, 2013.
Bibliography
ENGLISH ABSTRACT: Plea bargaining describes the act of negotiating and concluding agreements in the criminal procedure. Usually the prosecutor and the accused agree that the accused will plead guilty to the charge brought against him in exchange for some concession from the prosecution. The bargain is not limited to the presented subject. Agreements can contain the non-prosecution or reduction of charges, specific terms of punishment, conditions of probation and much more. In many countries the vast majority of criminal cases are disposed by way of bargaining. Plea bargaining breaches with the concept of a conventional trial and consequently clashes with well-known fundamental principles of the criminal procedure. Moreover, bargaining before criminal trials strongly implicates the constitutionally secured rights of the accused as well as of the public interest. Although plea bargaining is broadly criticized for its implications on essential rules and principles, the use of the practice is widespread. There are clear benefits to the participant, such as to avoid a lengthy trial with an uncertain outcome. South Africa, as a legal system with roots in the common law, adopted the procedure in 2001 with the implementation of s 105A into the Criminal Procedure Act. The German legislature in 2009 decided to regulate what until then had been informal practice by inserting several rules into the German criminal procedure, amongst which s 257c contains the main provisions. The implementation of bargains into the German law has produced tensions particularly due to the inquisitorial basis of the criminal procedure that stands in civil law tradition. This thesis evaluates how South African and German provisions on plea bargaining differ, i.e., on which different backgrounds they are based on, how the bargain procedures are construed and to what extent statutory plea bargaining in both legal systems displaces informal traditional agreements. The comparison is enriching under the aspect that both countries implemented the bargain procedure but had to place them on fundamentally different grounds. Having presented the grounds that motivated the research (Chapter I.), the origins of plea bargaining in general as well as the legal development toward the present statutory provisions in both countries are examined (Chapter II.). The bargain procedures are compared in detail (Chapter IV.). A large part focuses on particular problem areas and how both legal systems cope with them (Chapter V.). The result of the research is summarized in a conclusion (Chapter VI.).
AFRIKAANSE OPSOMMING: Pleitonderhandeling kan beskryf word as die proses van onderhandel en die aangaan van ooreenkomste in die strafproses. Die vervolging en die verdediging sal gewoonlik ooreenkom dat die beskuldigde skuldig sal pleit in ruil vir een of meer toegewings deur die vervolging. Ooreenkomste kan insluit die nie-vervolging of vermindering van klagte, spesifieke aspekte van vonnis, voorwaardes van parool en talle meer. In ‘n hele aantal lande word die oorgrote meerderheid van sake afgehandel by wyse van pleitooreenkomste. Dit is egter duidelik dat pleitooreenkomste in konflik is met die konsep van ‘n gewone verhoor en is gevolglik ook in konflik met van die grondbeginsels van die strafprosesreg. Dit raak ook die grondwetlike regte van beskuldigdes en die belange van die samelewing. Ten spyte van hierdie kritiek en meer, is die praktyk van pleitonderhandeling wydverspreid. Daar blyk besliste voordeel te wees vir die deelnemende partye, byvoorbeeld die vermyding van lang verhore met onsekere beslissings. Suid-Afrika (met ‘n sterk gemeenregtelike tradisie) het die praktyk van pleitonderhandeling formeel en per statuut in 2001 aanvaar, met die aanvaarding en invoeging van artikel 105A in die Strafproseswet, 1977. Die wetgewer in Duitsland het in 2009 besluit om die informele praktyk van pleitonderhandeling te formaliseer met die invoeging van sekere bepalings in die Duitse strafproseskode. Hierdie invoeging het sekere spanning veroorsaak in die Duitse strafproses, veral weens die inkwisitoriese tradisie in daardie jurisdiksie. Hierdie tesis evalueer die Suid-Afrikaanse en Duitse benaderings tot pleitonderhandelinge, hoe dit verskil, die verskillende regskulturele kontekste waarbinne dit plaasvind, en die mate waartoe pleitonderhandeling in beide sisteme informele ooreenkomste vervang het. Die vergelykende ondersoek bevind dat beide stelsels die pleitooreenkoms ingestel het, maar dit moes doen mvn fundamenteel verskillende gronde. Hoofstuk I (die motivering vir die studie), word gevolg deur ‘n historiese ondersoek (Hoofstuk II). Die verdere hoofstukke fokus op die regsvergelykende aspekte en die gevolgtrekkings word in Hoofstuk VI uiteengesit.

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Mqeke, Bangilizwe Richman. « Traditional and modern law of procedure and evidence in the chief's courts of the Ciskei ». Thesis, Rhodes University, 1986. http://hdl.handle.net/10962/d1003202.

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In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.

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Faure, David E. « A procedure for the environmental evaluation of roads in South Africa ». Master's thesis, University of Cape Town, 1990. http://hdl.handle.net/11427/17267.

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Bibliography: pages 136-145.
The aim of this report is to develop a procedure for the environmental evaluation of roads in South Africa, because in the past the environmental evaluation of road projects have been on an ad hoc basis, often using different formats. The procedure is therefore to be replicable from scheme to scheme, procedure, Management and is to be incorporated into the existing road development while drawing on the principles of Integrated Environmental The first part of the report is a study of the environmental evaluation procedures adopted in the United Kingdom, United States of America and Ontario (Canada). The environmental evaluation of roads in these countries are compared under the following headings: contextual features of the environmental evaluation procedures; the planning, location and design stages of the environmental evaluation procedures, and the environmental evaluation documentation. In this comparative study, the common and unique steps and elements are identified in order to generate an 'Ideal'. The second part of the report is a study on the environmental evaluation of roads in South Africa. The administrative structure, legislation, policy and planning procedures for roads in South Africa, and Integrated Environmental Management (IEM) are discussed. Although IEM is currently been developed and road authorities are committed to IEM, the procedure still needs to be incorporated into the existing road development procedure. The third part of the report develops a procedure for the environmental evaluation of roads in South Africa. The procedure developed incorporates common and unique steps and elements generated in the 'Ideal' into the existing road development procedure. The Environmental Conservation Act and Integrated Environmental Management are also taken into account in developing the procedure. Finally, as there is at present no formal documented procedure for the environmental evaluation of roads in South Africa, it is recommended that the procedure be considered by road and environmental authorities with a view to implementing it.

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Hlophe, Stanley Siphiwe. « The adoption of an inquisitorial model of criminal procedure in court proceedings relating to children ». Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1570.

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In this project the adoption of an inquisitorial model of criminal procedure in court proceedings relating to children is discussed. The traditional characteristics of adversarial and inquisitorial models of criminal procedure, the two models in a South African perspective and problems with the adversarial model are highlighted. That it terrifies and silence young victim and witnesses from giving evidence. The inquisitorial elements present in South African criminal procedure such as in bail proceedings, plea proceedings, powers of the presiding officer to call, recall and examine witnesses, powers of the presiding officer to exclude inadmissible evidence, evidence on sentence, and investigation on unreasonable delay on trials are discussed. The international instruments pertaining to children in conflict with the law and child witnesses are examined, together with their impact in our laws relating to children. The constitutional implications to the rights of children are discussed. The historical background that culminated to the Child Justice Act is highlighted. The Child Justice Act with particular reference to the inquisitorial aspects present in this Act is discussed. The measures that aim to protect child witness present in the Criminal Procedure Act, Criminal law Sexual offences and Related Matters Amendment Act and Children’s Act are highlighted. The conclusion, on the analysis of protective measures protecting children, is that in South African law there is a renewed interest in inquisitorial procedures as an effective means of ensuring justice. The conclusion suggests that adversarial model of criminal procedure is not the best method for our legal system to deal with children.

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Nzimande, Eric Sibusiso. « Minimum sentence legislation in South Africa ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012041.

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Legislation regulating minimum sentences in South Africa was re-introduced by sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which came into operation on 1 May 1998. These provisions were regarded as a temporary measure to be effective for two years, where after they were extended from time to time. After they had been extended for several times, section 51 was rendered permanent on 31 December 2007 by the Criminal Law (Sentencing) Amendment Act 38 of 2007. At the same time sections 52 and 53 were repealed by the same Act. Minimum sentence legislation was the result of a call by the community for heavier penalties and for the offenders to serve more realistic terms of imprisonment. There was also a general dissatisfaction about the perceived leniency of sentences imposed by the courts for serious crimes. During 1996 and in the wake of these concerns the Minister of Justice requested the South African Law Reform Commission to investigate all aspects of sentencing in South Africa. A Project Committee chaired by a judge of the High Court was appointed and it operated from the late 1996 to March 1998. Minimum sentences for certain serious crimes were one of the options to be investigated by the Project Committee. Consequent to this the Criminal Law Amendment Act 105 of 1997 was promulgated with effect from 1 May 1998. The legislature intended this Act to defer criminal activity, to avoid disparities in sentencing and to deal harshly with perpetrators of serious offences. The subsequent amendments to the Act included the granting of jurisdiction to the Regional court to pass life imprisonment, an automatic right of appeal against life imprisonment in respect of a juvenile accused and identification of circumstances that do not constitute substantial and compelling circumstances. Judicial discretion and departure from prescribed minimum sentences had initially presented a problem regarding its interpretation in a variety of cases in our courts. Eventually our courts came up with a clear interpretation of the meaning of the phrase substantial and compelling circumstances. This research project will analyze the provisions of the Criminal Law Amendment Act 105 of 1997 with regard to minimum sentences for certain serious offences. In the process case law and other literature will be discussed regarding the interpretation of minimum sentence provisions in the Act. Recommendations for legislation which will cover the aspect of sentencing on a wider scale are made.

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Dunywa, Mziwonke Samson. « A critical evaluation of section 332 of the Criminal Procedure Act 51 OF 1977 ». Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/748.

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The general principle in criminal law is that a person is liable when committing a criminal offence. This may include an offence a person has facilitated or procured. Vicarious liability, a principle borrowed from civil law, is an exception to the general rule in that it allows for a person to be held liable for the criminal acts of another. Legal persons have no physical existence and do not have hands and brains like natural persons. A legal person acts through its directors, employees, members or representatives. The corporation, being distinct and separate from its agents, is held liable for the acts or omissions of its representatives. This liability exists even though the corporate body never acted. International recognition of corporate criminal liability can be based on vicarious liability, identification or aggregation. All these forms of liability are derived from the human actus and mens rea. The identification theory provides for the liability of the corporate body, when someone who is identified with it, acted during the course of his employment when committing the offence. Those acts are treated as the acts of the corporate body. The identification theory is normally applied where mens rea is a requirement of the offence. The Aggregation theory provides for criminal liability of the corporation based on the conduct of a group of members of the company taken collectively. This theory is applied effectively where it is difficult to prove that a single person within the company is responsible for the commission of the offence. In South Africa corporate criminal liability developed from vicarious liability. It is regulated by section 332(1) of the Criminal Procedure Act 51 of 1977. This liability is based on the special relationship between the director or servant and the corporate body. Corporations act through its agents. The agent can be a director, servant or a third person instructed by either of them. In terms of section 332(1) it is possible that the corporate body can be held liable even where the agent acted beyond the scope of his employment. The latter can be argued is an extension of vicarious liability. Vicarious liability, can be argued, is too broad, because the intention of the agent is imputed to the corporate body, without the enquiry of fault by the corporate body. This offends the general principles of substantive criminal law. Generally, liability in criminal law accrues to someone who committed the offence with the required state of mind. The constitutionality of section 332(1) Act 51 of 1977 is questioned. The question is asked whether it is desirable to punish a legal person for the behaviour of its representatives or employees. Criminal law purports to control the behaviour of individuals to be in line with the interest and values of society. There is doubt whether the same goal can be achieved with the prosecution of corporate bodies. Prosecution of corporate bodies results in stigma to the corporation, which results in suffering a loss of reputation. Some authors argue that civil remedies can control the activities of corporate bodies more effectively. This argument, however, fails to address the issue that criminal law concerns the harm inflicted by human beings, hence the need to regulate human conduct. Corporate criminal liability attempts to address the harm inflicted by corporate bodies. It regulates pollution, health, safety and business. This liability is firmly established around the world but requires further development and modern refinement in South Africa.
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Tyler, Robyn Zoe. « The impact of the bill of rights on extradition ». Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/830.

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The process of extradition is a vital component of International Criminal Law as a means of ensuring the suppression and prevention of international crimes. It is the internationally accepted method used by states to surrender an offender back to the state where the alleged offence was committed so that such offender can be tried and punished. Without such process, and with the ease of modern global travel, offenders would, in all likelihood be able to escape prosecution and punishment. Most organized democratic societies recognize that the suppression of crime is necessary for peace and order in society and that extradition is an effective tool to be used to bring to justice a fugitive attempting to evade the law by fleeing to another country. What follows is a discussion, firstly on the theory of extradition and secondly on the effect that human rights has had on the law of extradition. The theory of extradition involves an analysis of extradition from its ancient roots to its position in society today. With regard to extradition in South Africa, reference is made to the various periods of the country’s history. The colonial era before South Africa acquired Republican status in 1961 is referred to in order to establish a basis for the present law of extradition in South Africa. The period during the apartheid era after achieving Republican status in 1961 is discussed in order to show how and why South Africa moved away from its common law roots based on English Law. This era is also of importance as it led to the introduction of the present Extradition Act 67 of 1962. Finally the current position spanning from 1994 to the law as it stands in South Africa today, as influenced by the introduction of Constitutional law, is examined. The rule on non-inquiry is also examined in order to compare the traditional approach by states, where state sovereignty was of paramount importance, with the modern trend of emphasis being placed on fundamental human rights. The methods in terms of which extradition is accomplished, both in South Africa and internationally is also discussed. Such reference to the theory and nature of extradition is done to provide general background on the complex issue to be discussed. The crux of the treatise relates to the impact that the rise in status of fundamental human rights has had on the extradition process. Reference will be made to aspects relating to the protection of the offender’s procedural rights as well as to the protection of the individuals right to life, dignity and bodily integrity. Such examination will refer to the position in South African law as well as the position on the international front. Attention is given to developments in case law as well as to how the courts approach the tension between extradition and human rights both locally and internationally. Finally, in conclusion it is submitted that the extradition process is the most effective procedure available to return an offender to the state seeking his prosecution. The process has however, in modern times adapted to uphold the rights of the offender whose return is requested. This can be seen from the provisions included in recent treaties and conventions, most notably the European Convention on Extradition to which South Africa became a party in 2003. Extradition is clearly concerned with the balancing of the offender’s human rights and the need for effective enforcement of criminal law.

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Rabinowitz, Sharon RenÃ©. « The impact of exposure to civil ». Master's thesis, University of Cape Town, 1988. http://hdl.handle.net/11427/14323.

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Includes bibliography.
The investigation aims at examining the effects of exposure to civil. violence on 304 'black' and 'white' children's evaluations of violence whilst controlling for gender and socio-economic status differences. The study tests the hypothesis that children exposed to civil violence tend to accept the use of violence towards all authority figures. The rationale behind comparing black and white children lies in the phenomenon that civil "unrest" has been. concentrated in black areas in Greater Cape Town and media,restrictions have further insulated whites from this violent reality. The instrument employed to measure these children's evaluations of violence describes 8 incidents, each involving the use of violence either by an authority figure against a child or vice-versa. The authority figures include a policeman, soldier, parent and teacher. A ninth incident involves the use of violence by a husband to a wife. The children were requested to rate each scenario according to its degree of 'wrongness'. Data were analysed by statistical procedures. No differences between gender or socio-economic status were yielded. Comparisons across race were inconclusive although black children were significantly more accepting of a child's violence to a soldier, a finding attributed to the role of the SADF in the "unrest". In general most children in the sample condemned the use of violence, but condoned the use of physical force by teachers and mothers. An overwhelmingly high frequency of corporal punishment in the classrooms was evident, with children generally accepting this. While no definite findings regarding the influence of civil "unrest" on children's evaluations of violence emerged, the politicisation of children was evident in some findings. Violence and evaluations thereof emerged as context-bound, involving the ideological and political views of the respondent. Findings raised doubt around the validity of traditional tools, such as the instrument employed in this study, as measures of ideologically bound concepts such as violence.

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Strydom, Jasper Francois. « States of mind : civil society in South Africa ». Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.249621.

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Jakob, Birgit. « A comprehensive psychometric audit of an existing selection procedure ». Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52066.

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Thesis (MA)--University of Stellenbosch, 2001.
ENGLISH ABSTRACT: Selection represents a critical human resource intervention by virtue of its ability to regulate the movement of employees into, through and out of the organisation. Selection thus represents a relatively visible mechanism through which access to employment opportunities can be regulated. From the perspectives of both affirmative action and fairness, as well as utility, selection has therefore been under intense scrutiny. This implies that there are two substantial criteria in terms of which selection procedures need to be evaluated, namely equity and efficiency. Should the human resource function be challenged to defend its selection procedure, it should be able to assemble credible evidence to show the efficiency and equity of the disputed intervention by means of a reasoned justification. The problem is, however, that most selection procedures being operated in South Africa would probably not be able to successfully meet this burden of persuasion. The search for equitable and efficient selection procedures thus necessitates the need for psychometric audits to provide the feedback required to adjust selection procedures towards greater efficiency and equity, and to provide the evidence required for the vindication of organisations should they be challenged in terms of the South African anti-discriminatory labour legislation. The Guidelines for the Validation and Use of Selection Procedures developed by the Society for Industrial Psychology (1998) represents an attempt to illustrate the ideal process according to which selection procedures should be developed and validated. Conditional on the acceptance that the Guidelines (1998) set out the most justifiable methodology for the development and justification of selection procedures, it becomes a necessity for organisations to periodically evaluate (i.e. periodically psychometrically audit) their current selection procedures and its developmental history to determine whether the human resource function can convincingly demonstrate: .:. The business necessity of the selection procedure; .:. The validity of the performance theory on which the selection procedure is based; and .:. That the selection strategy combines applicant information fairly. A checklist was developed from relevant psychometric literature for the purpose of the psychometric audit representing a structured list of activities required to justify the use of a selection procedure. A psychometric audit was conducted on a selection procedure for call centre staff of a large SA insurance company. The audit uncovered a number of deficiencies in the call center selection procedure and its developmental history. The performance hypothesis, in which the choice of operational predictor measures is grounded, was neither developed, nor argued, nor documented with sufficient clarity to indicate unambiguously the presumed nature of the nomological network of performance determinants and performance constructs. Problems were found with the external validity of the validation design. No reliability, validity, fairness or utility analyses had been performed at the time of the audit. Subsequent correlation analysis indicates low statistically insignificant correlations between the majority of the chosen predictors and the developed criteria. Nonetheless, linear combinations of predictors were found for each of the three call center positions that significantly explain moderate proportions of criterion variance. The fairness of the use of the CSR multiple regression equation across black and white applicants was examined and found to be acceptable. Due to practical constraints, the utility of the selection procedure has not been evaluated. It is recommended that the current selection procedure be re-examined in detail by the company to bring about positive changes in the performance hypothesis and the operational criterion measures. Thereafter, concrete evidence of reliably generated methodological research needs to be obtained again in order to verify the appropriateness, reliability and the meaningfulness of the inferences made from predictor assessments, thereby limiting, ifnot eliminating, possible cases oflitigation.
AFRIKAANSE OPSOMMING: Seleksie verteenwoordig 'n kritieke menslikehulpbronintervensie omdat dit die vermoë het om die beweging van werknemers in, deur en uit 'n organisasie te reguleer. Seleksie verteenwoordig dus 'n relatief sigbare meganisme waarmee toegang tot werksgeleenthede gereguleer word. Uit die oogpunt van sowel regstellende aksie as regverdigheid, en ook bruikbaarheid, is seleksie tans geweldig onder die vergrootglas. Hiermee word geïmpliseer dat die twee substansiële kriteria waarvolgens seleksieprosedures geëvalueer moet word, billikheid en doeltreffendheid is. Sou die menslikehulpbronfunksie uitgedaag word om sy seleksieprosedure te verdedig, sal dit met geloofwaardige bewyse voor 'n dag moet kan kom om die regverdigheid en doeltreffendheid van die intervensie onder bespreking deur middel van logiese argumente te regverdig. Die probleem is egter dat die meeste seleksieprosedures wat in Suid Afrika gebruik word, waarskynlik nie aan hierdie vereiste sal kan voldoen nie. Die soeke na regverdige en doeltreffende seleksieprosedures noodsaak dus dat die behoefte aan psigometriese oudits. aangespreek word vir die terugvoer wat nodig -is om die seleksieprosedures meer doeltreffend en regverdig te maak. Dit salook terselfdertyd die bewyse verskaf waardeur organisasies hul keuringsprosedures kan regverdig indien teen organisasies opgetree sou word in terme van Suid Afrika se antidiskriminerende arbeidswetgewing. Die "Guidelines for the Validation and Use of Selection Procedures" wat deur die Vereniging vir Bedryfsielkunde (1998) ontwikkel is, is 'n poging om die ideale proses waarvolgens seleksieprosedures ontwikkel en gevalideer behoort te word, te illustreer. Op voorwaarde dat hierdie Riglyne (1998) aanvaar word as die mees regverdigbare metodologie wat betref die ontwikkeling en regverdiging van seleksieprosedures, word dit noodsaaklik dat organisasies hulle seleksieprosedures en die ontwikkelingsgeskiedenis daarvan van tyd tot tyd evalueer (d.i. 'n periodieke psigometriese oudit) ten einde vas te stelof die menslikehulpbronfunksie die volgende oortuigend kan demonstreer: .:. die noodsaaklikheid van die seleksieprosedure uit 'n besigheidsoogpunt; .:. die geldigheid van die prestasieteorie waarop die seleksieprosedure gebaseer is; en .:. dat die seleksiestrategie die inligting van die aansoeker regverdig kombineer. 'n Kontrolelys is ontwikkel uit relevante psigometriese bronne sodat die psigometriese oudit 'n gestruktureerde lys van aktiwiteite bevat wat die gebruik van 'n seleksieprosedure sal kan regverdig. 'n Psigometriese oudit is gedoen op 'n seleksieprosedure vir die inbelpersoneel van 'n groot Suid Afrikaanse versekeringsfirma. Die oudit het 'n aantal gebreke in hierdie seleksieprosedure en sy ontwikkelingsgeskiedenis uitgewys. Die prestasiehipotese waarop die keuse van operasionele voorspellers gegrond is, was nie met voldoende helderheid ontwikkel, beredeneer of gedokumenteer om 'n onomwonde aanduiding te gee van die nomologiese netwerk van prestasiedeterminante en prestasiekonstrukte nie. Die eksterne geldigheid van die valideringsontwerp was ook problematies. Geen betroubaarheids-, geldigheids-, billikheids- of nutanalises is ten tyde van die oudit uitgevoer nie. 'n Daaropvolgende korrelasie-analise dui op lae, statisties onbeduidende korrelasies tussen die meerderheid van die gekose voorspellers en die ontwikkelde kriteria. Daar is desnieteenstaande lineêre kombinasies van voorspellers gevind vir elk van die drie inbelsentrumposte wat beduidend matige proporsies kriteriumvariansie verklaar. Die billikheid van die gebruik van die CSR meervoudige regressievergelyking vir wit en swart aansoekers is ondersoek en aanvaarbaar gevind. As gevolg van praktiese beperkinge is die nut van die seleksieprosedure nie geëvalueer nie. Daar word aanbeveel dat die huidige seleksieprosedure weer noukeurig deur die maatskappy ondersoek sal word om positiewe veranderinge aan die prestasiehipotese en die operasionele kriteriumtellings aan te bring. Daarna moet konkrete bewyse uit betroubaar gegenereerde, metodologiese navorsing weereens verkry word om die relevansie, betroubaarheid en betekenisvolheid van die afleidings wat gemaak is op grond van voorspellerevaluerings te verifieer, om op dié manier moontlike regsgedinge te beperk, indien nie uit te skakel nie.

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Roos, Lizelle. « Channelling endogenous knowledge through civil litigation in South Africa ». Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60088.

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The main aim of this thesis is to expose and address some of the current problems of the civil litigation system with specific reference to the issue of access to justice. I will argue that there is a tension between the ideals strived for by and within the Constitution and how they are realised within the context of access to justice considerations.1 With access to justice I refer to a broader notion of justice. It does not merely entail being able to enter the Courts for purposes of litigation. It also involve an alternative conceptualization of the nature of rights and the attainment and enhancement of such rights by and on behalf of members of the general public. Moving away from a strict contractarian approach where there is a focus on ?just institutions? to what Amartya Sen refers to as the behaviours, freedoms, choices and interactions of people involved in ordering their lives.2 Sen posits this idea of justice as a framework for developing a civil justice system not based only on ?ideal institutions? but also on the facilitated behaviours and interactions of parties in the pursuit of what they deem to be justice. I am of the opinion that it is this difference of perception with regards to the notion of justice (and by implication access to justice) that is the catalyst behind the tension between the ideals strived for by and within the Constitution on the one hand and how they are realised within the context of access to justice considerations. In my study I investigate how the utilization of endogenous knowledge could be of value to the civil litigation system in an attempt to alleviate the tension as mentioned above.
Dissertation (LLM)--University of Pretoria, 2016.
Jurisprudence
LLM
Unrestricted

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Committee, Advisory. « Structural relationships between government and civil society organisations ». Office of the Deputy President, 1997. http://hdl.handle.net/10962/65958.

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1. BACKGROUND 1.1 The key aspects on which the Committee was charged to advise the Deputy President on were: • the appropriate and functional relationships that could be evolved between government and organs of civil society with respect to the provision of capacity for the implementation of the RDP; • the feasibility of an appropriate funding mechanism that would enable a co-ordinated approach to the funding of civil society organisations, the relationships of such a mechanism with current development funding players and other transitional mechanisms; • a mechanism to promote a sustainable partnership between these organisations with government. KEY FINDINGS OF THE COMMITTEE After careful consideration of all pertinent factors, the Committee established that: 2. 1 In spite of broad support for the RDP, there is no coordinated approach to tackling poverty. Government has been able to attract aid and has not found it easy to use such large funding owing to processes of change management and the processes of setting up local government infrastructures. Concomitant with these issues is the lack of management skills at the Government levels. 2. 2 Organs of civil society involved in development work in South Africa remain a rich inheritance for the Government of National Unity. These institutions, generally referred to as Community Based Organisations (CBOs) or Non-Government Organisations (NGOs) span a wide variety of the development landscape. These organs of Civil Society seek to fuel the development agenda of South Africa through participation in the RDP, but have often found themselves frustrated by the lack of clear policy and connecting points with Government in general. 2. 3 Experience from other countries show that the role of CSOs in development and the sustenance of democracy is a key feature of advanced democracies. Foreign research proved that cooperation between CSOs and various tiers government has often produced positive results. Owing to their affinity, empathy and proximity to the broader populace CSOs have always proved to be effective in meeting the basic needs of the population they serve. 2. 4 The initial energizing force for development which broadly funded the CSO sector has transformed. Local development funding institutions have developed a new focus and business approach. The Kagiso Trust and the IDT are gearing themselves to operate as development implementation institutions as against solely the funding of development and the facilitation of funding for development initiatives. 2. 5 Foreign aid funding, money which was historically marked for CSOs, is largely being directly channeled to Government. This source of funding has progressively declined since the 1994 elections. Indications are that this pattern is likely to continue as erstwhile traditional International Aid donors prefer bilateral funding arrangements with government. Corporate grant funding which in any case has always been limited to the CSO sector will continue to flow to corporate programmes and will remain a significant factor to this sector. 2. 6 Development CSOs operate within a restrictive environment in respect of taxation and registration. 2.7 There is broad and significant support for a positive structural relationship and a coordinated funding mechanism between CSOs and Government to promote the objectives and principles of the RDP. 2.8 The need to establish a channel of communication between CSOs and government. Through this mechanism, government and CSOs would be able to agree on RDP and development.
Prepared for the Deputy President the Honorable Mr Thabo Mbeki

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Venter, Ansie. « Water quality modelling of eutrophied reservoirs in South Africa ». Doctoral thesis, University of Cape Town, 1996. http://hdl.handle.net/11427/9469.

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Includes bibliography.
Governmental agencies in South Africa became concerned about the increase in eutrophication-related water quality problems during the early 1970's. The first step taken to control eutrophication was introduction of an effluent phosphate standard that limited the phosphorus concentration in effluents being discharged in certain sensitive catchments to a maximum of 1 mg P04-P 1-1. This standard applied only to point sources, because of an initial belief that the contribution from non-point sources was relatively minor, and the absence of practical economic measures to control phosphorus discharges from non-point sources. Subsequent to introduction of the 1 mg P Standard several modelling studies were undertaken, as there was a need to describe the response of eutrophic reservoirs to altered phosphate inputs. Most of the work was done on the hypertrophic Hartbeespoort Dam reservoir. The models utilised were empirical, zero-dimensional models that treated the reservoir as a completely mixed reactor. Usually these models considered only the steady state, or at most, annual changes. The models simulated annual mean phosphate-P concentrations with varying degrees of success, but a significant relationship between observed and simulated chlorophylla concentrations could not be obtained, i.e. these models could not be used to predict the response of eutrophic reservoirs to different management strategies aimed at alleviating eutrophication-related water quality problems. Consequently, a further study was initiated by the Water Research Commission to test the applicability of more sophisticated hydrodynamic and water quality models, developed in the USA and Australia, to stratified reservoirs under South African climatic conditions. Several models of varying complexity were available. From these four models were selected for study. The models that were tested were the one-dimensional models DYRESM (developed in Australia), and MINLAKE (developed in the USA) , and the two-dimensional models CE-QUAL and WASP (developed in the USA). The DYRESM model can simulate hydrodynamic behaviour only, whereas MINLAKE, CE-QUAL and WASP can simulate both hydrodynamic and water quality behaviour. This report covers the extensive study that conducted on the MINLAKE model. The study is justified in view of the potential of the MINLAKE model to evaluate different treatment options: of the four models selected, it is the only model that can simulate more than one algal class. Thus it is an ideal tool to assess the effect of a chosen treatment option on, for example, algal succession.

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

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The workplace has evolved dramatically in the past decades. Technology has improved, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workplace itself. While employees enjoy a common law right to a safe working environment and health and safety, state intervention currently provides restricted claims to an employee who has sustained injuries or contracted occupational diseases. This thesis explores the effect of section 35 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 which deprives an employee of its common law right to institute civil action against an employer for an injury sustained or disease contracted during the course and scope of employment. Furthermore, this thesis also explores the marriage between the Occupational Health and Safety Act 89 of 1993 and the Compensation for Occupational Injuries and Diseases Act 130 of 1993 as well as the position of ‘employee’ and ‘employer’ insofar as the scope and application of these two acts are concerned with specific reference to the position of labour broker employees. The use of indemnity clauses and its validity in South Africa will also be explored and discussed. This thesis also dedicates a chapter to the leading case authority of Jooste v Score Supermarket Trading (Pty) Ltd and its effect insofar as the enforcement and application of section 35 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 is concerned. It is impossible to mention all the changes in the workplace that have occurred in the recent years, and this discussion therefore focuses on the current position of employees who have been deprived of their common law right to institute delictual action for damages resulting from an injury sustained while on duty as well as the impact of the current restrictive claims available to them. Alterations to existing approaches are also proposed to resurrect the common law right of employees to institute action against their employers.
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Du, Plessis Jan Andriaan. « The impact of minimum sentence legislation on South African criminal law ». Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.

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The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High Courts avoid the minimum sentence prescribed for this offence by using different interpretational methods. Despite the sense of animosity towards the unfair contents of this provision, no ruling is made on the constitutionality thereof. An apparent deference towards the legislature could be detected on the part of the judiciary. South African jurisprudence discourages our courts to rule on the constitutionality of a law. It is only done when the defect could not be remedied by any other available means. The reluctance of our courts to make a ruling on the constitutionality of the semi-automatic provision does not promote legal certainty. High Courts attach different interpretations to the “true intention” of the legislature in order to bypass this provision. Logic dictates that inexperienced presiding officers with inferior interpretational skills would continue to hand down the minimum sentence while it remains on the law books. A sentence of fifteen years is also prescribed for robbery with aggravating circumstances. The existing common law on the interpretation of the definition of this offence provides for a wide range of human conduct to be included. Case law could be expected where the courts deviate from the prescribed sentence on a regular basis. This unscientific approach should be discouraged and a rethinking of the boundaries of this offence is suggested. The Act is doing more harm than good to our Criminal Law. The legislature could still provide other visible measures against serious crime without invading the sentencing discretion of the judiciary.

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Sowman, Merle Rozanne. « An environmental evaluation procedure for coastal township and resort development proposals in South Africa ». Doctoral thesis, University of Cape Town, 1994. http://hdl.handle.net/11427/14230.

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Includes bibliographies.
Most coastal nations recognise the environmental, economic and educational value of their coastal zones. Consequently, they have developed integrated management programmes and employ a variety of strategies, in particular, Environmental Impact Assessment, to promote the sustainable use and development of these resource- rich areas. In South Africa, the absence of a formal, holistic and systematic procedure for evaluating proposals that affect the coastal environment is identified as one of the main causes of coastal degradation. The Integrated Environmental Management Procedure, developed in 1992, provides a generic framework within which the planning and evaluation of proposals, significantly affecting the environment can be made. Further development of more detailed procedures, practical guidelines and tools for specific activities or in particular environments, is now urgently required. The central aim of this dissertation is to develop an environmental evaluation procedure for coastal township and resort development proposals, consistent with the principles of Integrated Environmental Management, and appropriate to the conditions in a developing country, such as South Africa. The proposed procedure addresses key weaknesses inherent in most Environmental Impact Assessment systems in developing countries and incorporates and builds upon relevant Coastal Zone Management strategies operative in South Africa. Furthermore, it seeks to unpack and clarify the Environmental Impact Assessment concept by identifying its underlying principles, clarifying procedural requirements and making operational the processes which characterise it. To assist with implementation, a variety of tools and a series of practical guidelines have been developed. The key features of the procedure were derived from an extensive literature review, an examination of the environmental evaluation and coastal management systems operating in South Africa, a questionnaire survey amongst coastal managers, and from case study material. Action research informed ideas for making operational the processes of scoping and public participation. Particular attention was given to identifying and developing appropriate methods and guidelines for identifying impacts, determining impact significance, involving the public, assessing recreational carrying capacity, clarifying trade-offs amongst alternatives, marrying expert opinion and local experiential knowledge and incorporating subjective value judgements into the assessment and decision-making processes. It is submitted that the employment of this procedure to all proposals affecting the coastal zone and the establishment of the proposed institutional mechanisms for its implementation, will streamline and enhance existing coastal management efforts and give direction to the further development and implementation of an Integrated Coastal Zone Management programme for South Africa.

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Makasana, Velile. « The onus of proof and presumption of innocence in South African bail jurisprudence ». Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020911.

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The South African criminal justice process is such that there is an inevitable lapse of time between the arrest of the offender and his or her subsequent trial. The pre-trial incarceration presents a special problem. Between the arrest of the accused and release, the accused is being deprived of his or her liberty in circumstances where no court of law has pronounced him or her guilty. The right to bail is well entrenched in South African criminal justice system both in the Constitution Act and Criminal Procedure Act. Bail is always in the form of contract between the State and the accused, even though at times it may be opposed by the State. In the past the legal position based on the case law was that the presumption of innocence in bail proceedings operated in favour of the applicant even where it was said that there was a strong prima facie case against him or her. This position has slightly changed in that the courts in bail applications are not concerned with guilt, but that of possible guilt only to the extent that it may bear on where the interests of justice lie in regard to bail. The onus of proof in bail applications, other than Schedule 5 and 6 offences is borne by the State. Where Schedule 5 or 6 is applicable the onus is on the applicant. There are different requirements between schedule 5 and 6 that must be met by the applicant before release on bail is granted. In Schedule 5 offences the bail applicant must satisfy the court that the interests of justice permit his or her release. In determining whether the interests of justice permit the release of a particular applicant on bail, the courts are guided by the provisions of section 60(4) to (9) inclusive of section (11B)(c) of the Criminal Procedure Act. In such determination the courts must also take into account of section 60(60)(a) to (g) of the Criminal Procedure Act. In Schedule 6 offences there are two requirements namely: the exceptional circumstances and the interests of justice. The term “exceptional circumstances” does not have a closed definition. Both requirements must be established by means of written or oral evidence to the satisfaction of the court before bail may be granted. As pointed out above, the State may still oppose the release on bail of the applicant. It is now accepted in bail applications that ordinary circumstances may in particular context be blended with exceptional or unusual elements. In such cases the court is expected to apply its independent evaluation of evidence in order to determine whether the exceptional circumstances in the interests of justice permit the release on bail. Similarly to the South African bail jurisprudence the Rome Statute of the International Criminal Court recognises a right of the arrested person to apply for the interim release. It also recognises the need to establish exceptional circumstances for such release. The South African bail jurisprudence recognises the right to bail, and places reasonable and procedural limitations founded on the constitutional values and interests of justice. There are still practical challenges that need to be addressed as a results of the stringent requirements in section 60(11)(a) and (b) of the Criminal Procedure Act that relate to Schedule 5 and 6. It is therefore recommended that there is a need for the following: 1. Legislative intervention that will regulate and limit the time spent on investigations where bail has been refused. 2. Legislative intervention that will provide for an automatic review procedures in Schedule 5 or 6 offences where bail is refused on grounds that the interests of justice do not permit the release of the applicant on bail or for failure to prove exceptional circumstances. It is submitted that this may assist in reducing refusals of bail based on mistaken understanding of the law or facts or irregularities that may be prejudicial to the applicant or the administration of justice; or 3. Legislative intervention that will make it mandatory for a court that refuses to grant bail to reconsider its decision after a certain period in future provided that the trial has not been commenced with, in order to determine whether further incarceration is necessary or proportionate to the offence. It is submitted that this may assist the court to enquire into unreasonable delays on investigations or changed circumstances of the applicant in order to enable the court to reconsider its previous decision if necessary. This may further assist in offences where it is foreseeable that the trial court is likely to pass a partly or wholly suspended sentence in case of conviction. For example some cases fall within the scope of Schedule 5 by virtue of a previous conviction on Schedule 1 or release on bail on a Schedule 1 offence. The above recommendations may directly or indirectly contribute in balancing the scales of justice during the bail proceedings and its aftermath. These may contribute to the reduction of high numbers of the in custody awaiting trial prisoners while not compromising the current bail procedures.

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Wilson, Brendan David. « Developing a decision-making model that best closes the gap between strategy and the capital investment procedure for Cadbury South Africa ». Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/406.

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This study addresses the fact that the current Cadbury investment appraisal process does not adequately address the strategic implications of many capital investment decisions. Although attempts are made to quantify, in financial terms, the strategic benefits from a given investment, it appears that many perceived benefits are left out of the appraisal process because they lack precise financial quantification, resulting in managers placing greater reliance on the qualitative dimensions of their investment decision-making such as judgement and intuition. The current Cadbury process is based on the unequivocal advice that academics give to organisations and to managers about how to appraise largescale capital investment projects. The use of discounted cash flow techniques, based upon the discounting of decision contingent cash flows at the organisations opportunity cost of capital is regarded as the definitive investment appraisal technique. On this, the academic literature is clear. Whilst there are strong theoretical justifications for the use of discounted cash flow based models, managers continue to use non-DCF appraisal techniques such as payback irrespective of their theoretical shortcomings. The lack of use of a sophisticated risk assessment model is also disappointing, with Cadbury ignoring individual project risk and adopting a naive approach. Finally, this study indicates that Cadbury managers need not be forced into choosing either an economic/normative approach or a strategic/managerial approach to capital-investment decision-making but that rather a hybrid approach, including both the economic and strategic dimensions of choice, is more applicable for effective strategy incorporation.

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Day, Peter William. « A contribution to the advancement of geotechnical engineering in South Africa ». Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/79868.

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Thesis (DEng)--Stellenbosch University, 2013.
ENGLISH ABSTRACT: Geotechnical engineering is a relatively young field of engineering and one in which there are still many unanswered questions and gaps in our knowledge. Added to this, the geotechnical materials on each new site on which geotechnical work is undertaken are the unique product of many influences including geology, geomorphology, climate, topography, vegetation and man. There is thus plenty of scope for innovation. This dissertation describes the contributions made to Geotechnical Engineering in South Africa by the Candidate over a period of close on 40 years. It describes the three-step process followed in the majority of these contributions. Step one is the identification of a problem that requires investigation, the application of new techniques or simply the consolidation of existing knowledge. Step 2 is the investigation of the problem and the development of a solution. Step 3 is sharing the outcome of this work with the profession by means of publications, by presentations at seminars and conferences or by incorporation into standards / codes of practice. Part 1 of the dissertation describes the exciting environment in which geotechnical engineers operate. This environment is characterised by openness and cooperation between practitioners of geotechnical engineering, be they geotechnical engineers, engineering geologists, contractors, suppliers or academics. This part also explores the parallels in the roles played by academics and practitioners and how each can contribute to the advancement and dissemination of knowledge. Part 2 describes contributions made in various fields including problem soils (dolomites, expansive clays, uncompacted fills, etc.), lateral support, pile design and construction, health and safety, and cooperation with international organisations. Part 3 describes the Candidate's involvement in the introduction of limit states geotechnical design into South African practice culminating in the drafting of SANS 10160-5 on Basis of Geotechnical Design and Actions. It also describes the Candidate's work with the ISSMGE Technical Committee TC23 dealing with limit states design. Part 4 deals with the Candidate's contribution to other codes and standards and his role on various committees of the Engineering Council of South Africa and the South African Bureau of Standards. The final part of the dissertation provides an overview of the process followed in making such contributions, highlighting the role played by curiosity and a desire to share the knowledge gained with others in the profession. It continues by identifying work that still needs to be done in many of the areas where contributions have been made and concludes with a statement of what the candidate would still like to achieve during the remainder of his career. The Candidate gratefully acknowledges the generous opportunities afforded to him by his colleagues at work and the invaluable guidance and mentorship received from fellow professionals in academia and practice.
AFRIKAANSE OPSOMMING: Geotegniese ingenieurswese is 'n relatiewe jong wetenskap en een met vele kennisgapings en waarin daar nog talle vrae onbeantwoord bly. Daarby is geotegniese materiale uniek tot elke terrein waarop werk aangepak word en die produk van 'n kombinasie van prosesse; insluitend geologie, geomorfologie, klimaats toestande, topografie, plantegroei en menslike aktiwiteite. Daar is dus nog ruim geleentheid vir innoverende bydraes. Hierdie verhandeling beskryf die Kandidaat se bydraes tot Geotegniese Ingenieurswese in Suid-Afrika oor die afgelope 40 jaar. Dit beskryf 'n drie-voudige benadering wat in die meeste van die bydraes gevolg is. Die eerste stap is om die probleem te definieer en te omskryf in terme van die ondersoek wat geloods moet word, asook die noodsaaklikheid vir die ontwikkeling van nuwe tegnologie teenoor die konsolidasie van bestaande inligting. Tydens die tweede stap word die probleem ondersoek en 'n oplossing ontwikkel. Die derde stap is om die resultate te deel met die geotegniese bedryf by wyse van publikasies, voorleggings by konferensies en seminare, en insluiting in praktykkodes en standaarde. Deel 1 beskryf die opwindende werksomstandighede waarbinne geotegniese ingenieurs hul bevind. Dit word geken aan die ope samewerking tussen belanghebbende partye; onder andere ingenieurs, ingenieursgeoloë, kontrakteurs, verskaffers en akademici. Deel 1 beklemtoon ook die parallelle rolle wat vertolk word deur akademici en praktiserende ingenieurs en hoe beide partye bydraes maak tot die ontwikkeling en verspreiding van tegnologie. Deel 2 beskryf die Kandidaat se bydraes tot verskeie navorsingsvelde; waaronder probleemgrondtoestande (dolomiet, swellende kleie, ongekonsolideerde opvullings ens.), laterale ondersteuning, ontwerp en konstruksie van heipale, beroepsveiligheid, en samewerking met internasionale organisasies. Deel 3 beskryf die Kandidaat se betrokkenheid by die bekendstelling van limietstaat geotegniese ontwerp in die Suid-Afrikaanse bedryf wat uitgeloop het op die samestelling van SANS 10160-5 Basis of Geotechnical Design and Actions. Dit beskryf ook die Kandidaat se samewerking met die ISSMGE Technical Committee TC23 wat te make het met limietstaat ontwerp. Deel 4 beskryf die Kandidaat se bydraes tot ander kodes en standaarde en die rolle wat hy vertolk het op verskeie komitees van die Suid-Afrikaanse Raad vir Ingenieurswese asook van die Suid-Afrikaanse Buro van Standaarde. Die laaste deel van die verhandeling bied „n oorsig oor die proses wat gevolg is in bostaande bydraes met die klem op die rol van weetgierigheid en die begeerte om sulke kennis te deel met ander belanghebbendes. Om af te sluit, identifiseer die Kandidaat oorblywende tekortkominge in baie van die vraagstukke waar hy bydraes gelewer het en gee 'n opsomming van wat hy graag nog sal wil bereik tydens die verdere verloop van sy loopbaan. Die Kandidaat gee met dank erkenning aan sy kollegas vir die ruim geleenthede wat hom gebied is en die waardevolle leiding en mentorskap wat hy ontvang het van mede praktiserende ingenieurs en akademici.

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Ramokolo, Bruce Sabelo Mpumelelo. « The capacity of emerging civil engineering construction contractors ». Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/873.

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Construction management competencies are essential to realise sound practices among and to realise optimum performance by, inter alia, emerging civil engineering contractors. Such competencies enable a clear focus on the business of construction and the management of projects, with increased efficiency and reduced costs as a benefit. The objective of the MSc (Built Environment) treatise study were to determine the current practices and performance of emerging civil engineering construction contractors operating in the Nelson Mandela Bay Metropole. The descriptive method was adopted in the empirical study. The salient findings of the study are: most of the emerging civil engineering construction contracting organisations lack construction management competencies; construction resources are inappropriately managed leading to construction failures; most of the emerging civil engineering construction contracting organisations lack adequate supervision resulting to poor workmanship; there is a shortage of skilled labour amongst emerging civil engineering construction contractors; procurement processes are inappropriate leading to under capacitated emerging civil engineering construction contracting organisations being awarded contracts; most emerging civil engineering construction contracting organisations lack the requisite aptitude for construction; there is a lack of capacity at all management levels of emerging civil engineering construction organisations in managing the business of construction and that of projects; the nine functions of organisations are not comprehensively represented, and self-ratings indicate inadequacy relative to the management function of control, and relative to certain activities of the organising function. Conclusions include that emerging civil engineering construction contracting organisations need to be comprised of technical teams that possess adequate competencies and that use the construction technology to its full use enabling their organisations to stay abreast of their competitors. Recommendations that can contribute towards improving the status quo include: formal civil engineering and construction management education, resources must be present and training should be promoted throughout the industry at all levels of management to ensure proper supervision and correct use of adequately trained labour, skilled or semi-skilled, incapacitated emerging civil engineering construction contractors should be awarded contracts through appropriately and structured procurement procedures, adequate aptitude in construction should be promoted and enhanced in order to realise conceptualisation and visualisation capabilities, comply with legislation, maintain records and communicate using state of the art technology, optimally manage the finances, have the requisite resources and undertake the work efficiently, interact with the respective publics, and market the organisation to ensure sustainability thereof.

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De, Ujfalussy Andrea Benedicta. « Conflict between local government and civil society pertaining to sanitation in South Africa ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14939.

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This study seeks to determine whether the conflict between the City of Cape Town (CCT) and the Social Justice Coalition (SJC) is resulting in positive or negative outcomes from the perspective of the residents concerned. In principle, engagement, between civil society and local government should lead to an improvement in terms of the meeting of needs or wants for those communities whose interests are being contested, or at the very least an improved understanding of the plans and challenges faced by both. Further, the engagement and/or conflict between local government and civil society, if positive, should ideally lead to greater understanding between all stakeholders and the strengthening of relations between them government, civil society and the relevant community interests. The motivation of this study is to explore the unanswered issues such as, whether the SJC has gone beyond the use of acceptable tactics associated with responsible and effective civil society actors and whether it would be justified if they have; if the SJC’s actions have resulted in an actual improvement in the accelerated realization of the socio-economic rights of the communities whose interests they purport to represent; whether the communities ‘represented’ by the SJC see them as their effective advocate for the interests and concerns ; if the issue of sanitation is the primary issue for the residents concerned as claimed by the SJC; if the residents of the communities concerned feel the same animosity to the CCT that the SJC does.

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Simpson, Deborah. « Civil society in the 'new' South Africa : from critique to collaboration ? » Thesis, University of Sussex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.436413.

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Roux, Theunis Robert. « Constitutional property rights review in South Africa : a 'civil society' model ». Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627059.

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Didcott, J. M. « Salvaging the law : the second Ernie Wentzel memorial lecture ». University of the Witwatersrand, Centre for Applied Legal Studies, 1988. http://hdl.handle.net/10962/73347.

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A budding author bold enough to have sent his manuscript to Dr Samuel Johnson for appraisal received a reply, so the story goes, in these terms: ‘Sir. Your work is both original and good. Unfortunately the part that is good is not original. And the part that is original is not good. I find it difficult to say anything new or original about the lovable man whose life we celebrate this afternoon and whose memory we thus keep alive. For so much has been said in the tributes previously paid to him, tributes testifying to the place he occupied in the hearts of countless South Africans. What is good should prove easier, however, when it is said of someone whom, at the ceremony held in court soon after his death, Ralph Zulman described, simply and truly, as a good man. So, be it said how it may, what I shall say today about Ernie Wentzel feels good to say. Unless someone who is now a lawyer was acquainted with Ernie during his childhood or schooldays, I can rightly claim, I believe, that none still around knew him for more years than I did. Our long friendship may explain why John Dugard honoured me with the invitation to deliver this lecture. It was certainly my reason for accepting the invitation with alacrity. Ernie and I first met each other 37 years ago, in 1951, when he entered the University of Cape Town, where I too was a student. I happened to be his senior by two years. But I soon got to know him well, for we had a lot in common. We were both enthusiastic student politicians. And we were in the same camp. Our time together on the campus was one of turmoil, not as acute as that which campuses have experienced subsequently, but intense nonetheless since, in addition to all the other strife of the period, the Universities of Cape T own and the W itwatersrand were under an attack that was constant and fierce for their policy of admitting students of every race, and they faced the threat of legislation forbidding them to accept any who was not white without official pennission.

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De, Klerk Dean. « Precast modular construction of schools in South Africa ». Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80291.

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Thesis (MScEng)--Stellenbosch University, 2013.
ENGLISH ABSTRACT: This thesis is a study in the use of precast modular construction as an alternative to current methods of school construction in South Africa. Precast Modular Construction is a concept which utilises the principles of prefabrication and precast concrete. Concrete components, be they beams, columns, slabs or full volumetric modules, are manufactured either off-site in factories or in on-site facilities. These components are then assembled on-site to form the structural envelope of a building. This approach contains many inherent advantages: Time is saved due to on-site and off-site work happening concurrently and hence earlier building occupancy results which directly translates to cost reparation; quality is improved due to most of the work being carried out in a controlled factory environment; and health and safety is heightened. However, when viewed from a South African perspective, the fact that less work is done on-site indirectly implicates job loss, a serious issue in the country. Furthermore, implementing a prefabricated approach in the construction of South African schools requires a complete restructuring of the Department of Public Works’ current procurement approach. Prefabrication requires maximum integration between all parties to a project so that design and constructability issues can be addressed at an early stage. The design-build contract strategy is found to be the most integrated approach and allows for optimal collaboration between all project members. However, to only change the procurement route would not suffice as a complete solution. A broader approach is required which addresses issues prevalent in South Africa. These issues include job creation and the establishment of a sustainable and knowledgeable industry. Concepts such as standardisation and strategic partnering, in response, satisfy the need of the manufacturer - for economies of scale, and the employee - for creation of secure working environments. Verification is obtained from all of the aforementioned to propose that the optimal solution to successfully implement Precast Modular Construction for schools in South Africa would be to implement a design-build procurement approach, whereby a single design-build contractor is awarded by the Department of Public Works a contract, via competitive tendering, for the construction of a predetermined number of schools, preferably exceeding 3, over a given contract period using a standardised design and utilising customisable standardised prefabricated precast construction systems, i.e. Precast Modular Construction. This proposal will theoretically result, amongst other things, in the following: - Precast manufacturers will have a confirmed number of orders for products, and can hence be assured of a constant flow of income. This translates directly to an increase in both employment and job security at the manufacturing plant. - The economies of scale principle is satisfied and prefabricated components can therefore be manufactured or ‘mass customised’ in the most feasible way possible. - The design-build contractor will be guaranteed employment for a given period, once again providing job security for its employees, of which the number can also potentially increase. - The design-build contractor carries with it experience and lessons learned from each successfully completed project on to the next, and so becomes more proficient, resulting in better, higher quality schools delivered in shorter periods and with increased efficiency. It is recognised that the proposal is untested in practise but in a socio-economic situation such as South Africa, where large numbers of schools are required quickly, the above proposal makes sense. To additionally develop this hypothesis, further research is required in the fields of design-build procurement and strategic partnering.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n studie in die gebruik van modulêre voorafvervaardigte beton konstruksie as 'n alternatief vir die huidige metodes van skool konstruksie in Suid-Afrika. Modulêre voorafvervaardigte beton konstruksie bevat baie inherente voordele. Tyd word bespaar as gevolg van werk wat gelyktydig op en van die terrein af gebeur. Dus word die gebou vroeër betrek wat direk lei tot kostebesparings. Kwaliteit verbeter as gevolg van meeste van die werk wat in 'n beheerde fabriek omgewing uitgevoer word en as sulks lei tot beter gesondheid en veiligheid van werkers. Egter, vanuit 'n Suid-Afrikaanse perspektief impliseer die feit dat daar minder werk op die terrein gedoen word indirek werksverlies, 'n ernstige probleem in die land. Die implementering van 'n voorafvervaardigde benadering tot die bou van skole in Suid-Afrika vereis verder 'n volledige herstrukturering van die huidige verskaffing model. Voorafvervaardiging vereis maksimum integrasie tussen alle partye sodat projek ontwerp en boubaarheid op 'n vroeë stadium aangespreek kan word. Die ontwerp-bou kontrak strategie is die mees geïntegreerde benadering en laat toe vir optimale samewerking tussen alle projek lede. Om egter net die verskaffing roete te verander, sou nie voldoen as 'n enkele oplossing nie. 'n Breër benadering word vereis wat kwessies algemeen in Suid-Afrika aanspreek. Hierdie kwessies sluit in werkskepping en die vestiging van 'n volhoubare en kundige industrie. Konsepte soos standaardisering en strategiese vennootskap, as oplossings, voldoen aan die behoeftes van die vervaardiger - vir 'n ekonomieë van skaal, en die werknemer - vir die skepping van 'n versekerde werksomgewing. Die voorafgaande bevestig dat die optimale oplossing vir suksesvolle implementering van Beton Modulêre Konstruksie vir skole in Suid-Afrika sou wees om 'n ontwerp-bou verskaffingsprosedure te volg. Hierdeur kan 'n kontrak aan 'n enkele ontwerp-bou kontrakteur deur die Departement van Openbare Werke toegeken word, deur middel van ‘n mededingende tender proses. Daar word voorgestel dat die projek, vir die konstruksie van 'n voorafbepaalde aantal skole behoort te wees, verkieslik meer as 3, oor 'n bepaalde kontrak tydperk met behulp van 'n gestandaardiseerde ontwerp. Voorts word daar voorgestel om gebruik te maak van aanpasbare gestandaardiseerde voorafvervaardigde beton konstruksie stelsels, dws Beton Modulêre Konstruksie. Hierdie voorstel sal teoreties, onder andere, die volgende gevolge hê: - Beton vervaardigers sal 'n bevestigde aantal bestellings vir produkte hê, en kan dus verseker wees van 'n konstante vloei van inkomste. Dit lei direk tot 'n toename in indiensneming en werksekerheid by die fabriek. - Die ekonomieë van skaal beginsel is bevredig en voorafvervaardigde komponente kan dus vervaardig word in die mees haalbare manier moontlik. - Die ontwerp-bou kontrakteur is gewaarborg van indiensneming vir 'n gegewe tydperk, as sulks ook die verskaffing van werksekerheid vir sy werknemers, waarvan die aantal moontlik ook kan vermeerder. - Die ontwerp-bou kontrakteur neem ondervinding en lesse wat geleer is uit elke suksesvolle voltooide projek saam na die volgende een, en raak dus meer bedrewe, wat lei tot beter, hoër gehalte skole gelewer in korter tydperke en met toenemende doeltreffendheid. Die voorstel is egter ongetoets in die praktyk, maar in 'n sosio-ekonomiese situasie soos die van Suid-Afrika, waar 'n groot aantal skole vinnig benodig word, maak die bogenoemde voorstel sin. Om hierdie hipotese te ontwikkel, is verdere navorsing nodig in die gebied van ontwerp-bou verskaffing en strategiese vennootskappe.

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Beukes, Edward Andrew. « An evaluation of the benefits of intelligent speed adaptation for South Africa ». Master's thesis, University of Cape Town, 2006. http://hdl.handle.net/11427/5049.

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Word processed copy.
Includes bibliographical references (leaves 88-92).
The aim of this report was to find, list and quantify all of the benefits that Intelligent Speed Adaptation (ISA) might hold for South Africa. An attempt was made to provide an initial estimate of the cost savings that ISA could offer the country if it is implemented in full.

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Still, David Allen. « Small scale desalination in South Africa with particular reference to solar distillation ». Master's thesis, University of Cape Town, 1991. http://hdl.handle.net/11427/12585.

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Includes bibliography.
Communities living in the remote, arid parts of South Africa are often reliant on brackish groundwater for their drinking water, sometimes to the detriment of their health. The quality of their drinking water is of concern to these communities and they are willing to pay for the means of improving their drinking water quality. A market survey indicated that an affordable price for a family desalination unit producing an average of 20 litres of drinking water per day would be R750. Conventional technologies such as Reverse Osmosis, Electrodialysis and Ion Exchange are generally too expensive and complex for application at demands of below 100 litres per day. Solar distillation, on the other hand, is well suited to such micro-scale applications. The technology has been widely reported on internationally, particularly since 1945, but is little known in South Africa. Experimental work was done on both a basin still and on inclined wick stills, single and multiple effect, in order to ascertain reliability and cost-effectiveness. The single effect inclined wick still was found to be the most promising and its design was investigated for the effect of parameters such as basin depth, feed rate, feed salinity and wick type.

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Gool, Saaligha. « Water supply and sanitation services in South Africa a cluster analysis approach ». Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/5044.

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Includes abstract.
Includes bibliographical references.
Previous government policy dictated that municipal services should not be distributed equally to all South Africans. Consequently, large inequalities in access to water supply and sanitation services were created along racial and geographic lines. After 1994, government policy sort to rectify this situation, largely through pro-poor service provision policies and programs. Continuous and accurate monitoring and reporting of access statistics is crucial to ensuring that progress is made. Progress within the provinces, however, would not have been equal due to the difficulty with providing services to different regions. As such, large disparities still exist. In order to assess the current inequality, local municipalities were grouped according to access to adequate services and their progress made from 2001, using the statistical method of cluster analysis. It was discovered that provinces, with access to improved services for over 75% of households, had municipalities with similar access to adequate services; this includes Western Cape, Gauteng and Free State. For the other provinces, great inequalities were found between municipalities. Some municipalities showed a decline in access to improved services; this is despite provincial access to improved services increasing for all provinces. Cases emerged where local municipalities in the same district municipality did not show similarly changes in access to improved services. The progress between water supply and sanitation provision was dissimilar, with growth occurring in different timeframes. A large number of municipalities showed negative progress for sanitation for 2007-2011 despite the fact that the Bucket Eradication Programme – aimed at diminishing the number of bucket facilities in the country - was established in 2005. The lag in sanitation progress between 2007 and 2011 could be attributed to the fact that sanitation provision from 2007 was focussed in rural areas, which are demonstrably difficult to deliver services to; that poorly built toilets needed restoration, diverting funds from providing new facilities; and that transferring responsibility of sanitation provision from DWA to DHS in 2009 led to non-efficient functioning of the National Sanitation Programme. More provinces showed a correlation between progress made between 2001 and 2011, and prior access to adequate services for water supply than sanitation. This coupled with the fact that rural municipalities had a greater capital expenditure than other local municipalities for water supply and not for sanitation, indicates that the pro-poor initiatives have been more successful in water supply than in sanitation. This highlights that sanitation provision has been challenging and slow.

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Msindo, Esteri Makotore. « The role of civil society in advancing education rights : the case of Gadra Education, Grahamstown, South Africa ». Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1016500.

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This thesis has identified and analysed the role of an NGO called Gadra Education in advancing education rights to the less advantaged people of Grahamstown in South Africa. Gadra Education’s role has been identified as twofold. Firstly as an educational NGO, Gadra Education’s initiatives directly impact on the lives of the less economically and socially privileged learners who, due to their previous learning environment in state schools, do not achieve academic results that ensure entry into tertiary level. Secondly its role is identified in its nature as an organisation that emerged due to the deficiencies in the state schooling system. It therefore stands de facto as a critical institution for critique of the state’s education system. The thesis concludes that without confronting the Department of Education or collaborating with it, Gadra Education offers a significant alternative approach which can potentially influence the state to improve the state schooling system. Its strategy of non-confrontation to the state, informal and non-corporatist is advantageous as an NGO that focuses on the actual provision of education. It focuses on instilling Ubuntu values of sharing and giving that are of critical significance in teaching and learning. The context of the thesis is located broadly within socio-economic rights and specifically on education rights. In South Africa where the state has not adequately met the educational obligations for the economically and socially less privileged citizens, the emergence of educational NGOs that focus on providing education to the poor is of vital importance. Although other NGOs that confront the state are important in pushing the state to deliver especially on school infrastructure, teacher deployment and other educational challenges, Gadra Education model ensures academic success for the learner. Lessons can be drawn from Gadra Education which can be potentially useful to state schools and other NGOs that seek to advance education rights to disadvantaged communities.

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Isaacs, Alfred Eugene. « The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation ». University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which prescribe severe mandatory sentences for a large number of serious offences like murder, rape and armed robbery. This legislation come into effect on 1 May 1998 and was to have effect for two years. The President could with the concurrence of Parliament by proclamation extend its operation for one year, that was in fact done. The latest extension of the Criminal Law Amendment Act 105 of 1997 was for a further two years making the minimum sentence provisions valid until 30 April 2005. The Courts did not like these mandatory sentences because of the limitation it places on judicial discretion and dealt with this legislation that limited their judicial discretion restrictively in order to defend their sentencing discretion. Although the Criminal Law Amendment Act of 105 of 1997 was held not to be unconstitutional the Courts stll sought to give it a narrow interpretation. This research paper include an outline of the Criminal Law Amendment Act
the Constitutional challenges that were brought against the Criminal Law Amendment Act
the judicial interpretation of the Criminal Law Amendment Act as well as the applicability of the Criminal Law Amendment Act to District Courts and juvenile ovenders
the procedural requirements that must be complied with in the Criminal Law Amendment Act and its consequences if not complied with. This paper examined how the Courts defined substantial and compelling circumstances, the approaches adopted by the Courts and when deviation from the Criminal Law Amendment Act can take place. It also include the challenges posed by mandatory minimum sentence legislation as well as recommendations for the improved implementation of the Criminal Law Amendment Act.

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Fischer, Carl Frederich. « An evaluation of the constitutionality of the common law crime of criminal defamation ». Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/749.

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The challenge in the law of defamation lies in finding the appropriate balance between the two competing rights of freedom of expression and an unimpaired reputation. From Roman and Roman-Dutch law into the modern era, criminal and civil defamation have been very closely linked. The elements and defences are substantially alike. There were several calls prior to 1994 for the abrogation of criminal defamation. Now that the right to an unimpaired reputation, as part of the right to human dignity, and the right to freedom of expression is constitutionally guaranteed, quo vadis the crime of criminal defamation? The Supreme Court of Appeal has recently granted a petition for leave to appeal against convictions for criminal defamation on this very point: is the offence constitutional. Due to the paucity of criminal defamation precedent, the copious civil law precedent concerning civil defamation must be analysed to determine what view the Supreme Court of Appeal will adopt. Prior to 1994 the right to an unimpaired reputation has trumped freedom of expression. Since then, the two leading decisions by the Supreme Court of Appeal and the Constitutional Court have ameliorated this situation slightly, according freedom of expression more weight. Claiming the previous common law position was incorrect, they claim the present common law position is constitutionally sound. Thus the Constitution has in essence had no effect to date upon the balancing of competing rights in the law of defamation. Both courts have erred in according the right to freedom of expression too little weight. This may be due to three judicial errors. Firstly, they have under-appreciated that the values of dignity, equality and freedom fortify and are fortified by the right to freedom of expression. Aspects of dignity such as self-actualisation, self-governance and an acceptance that humans have intrinsic worth are heavily reliant on freedom of expression, particularly political expression. Secondly, while political expression lies at the core of freedom of expression, reputation lies nearer the periphery of the right to dignity. Rights at the core ought to trump competing but peripheral rights. Thirdly, erroneous statements are inevitable in free debate. Unless they too are protected, unacceptable self-censorship occurs. The correct approach is as a matter of policy, particularly regarding political expression, to balance the competing rights with one’s thumb on the free expression side of the scales. This seems the trend of the European Court of Human Rights in recent cases In Canada, an offence punishing libel made intentionally but without knowledge of its falsity was recently ruled unconstitutional. On the other hand, another offence punishing libel made with knowledge it was false, videlicet punishing the intentional publication of defamatory lies, was ruled constitutional. Criminal defamation clearly infringes upon the right to freedom of expression. For this infringement to pass constitutional muster it must be reasonable and justifiable in an open and democratic society. It fails the limitation test due to the lack of proportionality between its objective in protecting the right to an unimpaired reputation and the harm it does to the right to expression. There are three reasons: firstly the “chilling effect” of imprisonment, over and above pecuniary damages, unacceptably stifles free debate. Secondly, it may punish even the truth, yet protect a falsehood, since the truth per se is not a defence. An undeserved reputation is thus more highly valued than the publication of that truth. Finally there is a well-developed civil remedy that adequately protects the right to reputation of aggrieved persons. In the appeal concerning the constitutionality of the common law offence of criminal defamation, the Supreme Court of Appeal ought to find it unconstitutional.

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Tshikovhi, Rotondwa Happy. « The law relating to double jeopardy in labour law ». Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1236.

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Thesis (LLM. (Labour Law)) --University of Limpopo, 2014
This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the employer fails to prove that the reason for the dismissal is fair and was effected in accordance with a fair procedure. The first point which I would explain is the meaning of double jeopardy and whether it is applicable in labour law. The research articulates that the double jeopardy principle applies to labour law and enumerates ways it can be applied. The South African courts, in particular, the Labour Court and the Labour Appeal Court have delivered several judgements on the double jeopardy principle. These cases will be critically discussed in detail. Comparison will be made with foreign labour law jurisprudence on the double jeopardy principle, particularly in Australia and the United States of America.

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Ndzengu, Nkululeko Christopher. « A comparative analysis of aspects of criminal and civil forfeitures : suggestions for South African asset forfeiture law reform ». Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.

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In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction based following the United States of America one.2 Chapter 5 provisions of the Prevention of Organised Crime Act3 (hereafter POCA) provides for court, Basdeo M – Search, Seizure and Asset Forfeiture in the South African Criminal Justice System: Drawing a Balance between Public Utility and Constitutional Rights (2013) LLD, University of South Africa in Chapter 5 where a comprehensive comparative study of SA POCA and United States of America’s asset forfeiture and origin is undertaken. 3 Act 121 of applications for a restraint, confiscation and realisation for the recovery of proceeds of unlawful activities. The restraint is invoked when a suspect is to be charged or has been charged or prosecuted, there are reasonable grounds to believe that a conviction may follow and that a confiscation order may be made. Chapter 6 provisions of POCA provide for court applications for preservation and forfeiture order targeting both the proceeds of unlawful activities and removal from public circulation of instruments or assets used in the commission of offences where the guilt of the wrongdoer is not relevant. POCA has a Schedule with 34 items setting out examples of offences in relation to which civil forfeiture may be invoked. When the State discharges this noble professed task in the name of public safety, security and crime combating, legal challenges arise. This is more so within a constitutional democratic context where both individual and property rights are enshrined and protected. This study deals with some of these challenges. To the mind of a legal researcher, the law of asset forfeiture is, in this process, moulded and developed. South Africa (a developing country), Canada and New Zealand (developed countries in the north and southern hemispheres) have constitutional democracies. They also have asset forfeiture regimes, which attracted the attention of the researcher. The question is: can the developing country learn some best practices from the developed countries in this particular field? It would be interesting to establish this and the level of development of this field in the three countries under study. South Africa, with no federal government, has nine Provinces, single asset forfeiture legislation5 (combining both criminal forfeiture i.e. restraint, confiscation and realisation applications and civil forfeiture i.e. preservation and forfeiture applications), and a criminal statute6 applicable to all such Provinces. It also has, like Canada and New Zealand, pockets of asset forfeiture provisions embedded in various statutes. There is only one asset forfeiture office under the umbrella of the National Prosecuting Authority.7 It has branches8 in the Provinces, invoking the provisions of POCA, since 1999. It is not part of the police department. The researcher joined the South African Port Elizabeth branch in March 2003, Bloemfontein, Kimberly and Mmabatho branches from 2010 to 2011, July 2012 onwards in the Port Elizabeth and has practical experience in this regard. The Prevention of Organised Crime Act 121 of 1998. The Namibian POCA 29 of 2004 is almost a replica of the South African POCA except that the former makes express recognition of the victims of the underlying victims. The Criminal Procedure Act, 51 of 1977 (as amended). The Asset Forfeiture Unit (AFU) with its Head Office situated in Pretoria under the umbrella of the National Prosecution Authority, which Raylene Keightley in Young S Civil Forfeiture of Criminal Property Legal Measures for Targeting the Proceeds of Crime (2009) Cheltenham Edward Elgar Publishing, Inc.: Northampton, MA at 94 calls a specialist implementation agency. In Pretoria, Johannesburg, Cape Town, Port Elizabeth, East London, Durban, Bloemfontein, Kimberley, Mmabatho, Mpumalanga and Limpopo. It comprises of eleven Provinces to which the Criminal Code of Canada, the Controlled Drugs and Substances Act 1996 and a host of other statutes apply. Eight of the eleven Provinces have their own and distinct primary stand-alone asset forfeiture statutes introducing civil forfeiture10 as more fully explained in Chapter 2 of this study.

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Jaramba, Toddy. « Voluntary disclosure programmes and tax amnesties : an international appraisal ». Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1015666.

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Tax amnesties are government programs that typically allow a short period of time for tax evaders to voluntarily repay previously evaded taxes without being subject to penalties and prosecution that discovery of such tax evasion normally brings. Tax amnesties differ widely in terms of coverage, tax types, and incentives offered. A state’s Voluntary Disclosure Programme is another avenue available to taxpayers to assist them in resolving their state tax delinquencies. This programme is an on-going programme as compared to a tax amnesty, which is there for a limited time period only. The main goal of the research was to describe the tax amnesty and the voluntary disclosure programmes in South Africa and to assess their advantages and disadvantages. This thesis also discussed another form of voluntary disclosure programme, referred to as an Offshore Voluntary Disclosure Programme, which allows taxpayers with unreported foreign bank accounts, and presumably unreported foreign income, to voluntarily disclose their affairs. The study found that, due to tax amnesties, Government raises more tax revenue not only in the short run from collecting overdue taxes but also by bringing former non-filers back into the tax system for the long run. It was also found that, initially short-run revenue brought in from overdue taxes will be positive for the first amnesty and then decline each time the amnesty is offered repeatedly. The reason for the decline in revenue might be that tax amnesties provide incentives for otherwise honest taxpayers to start evading taxes because they will anticipate the offering of future amnesties, thereby weakening tax compliance. The costs associated with amnesty programmes include negative long run revenue impact and also that amnesty programmes reduce compliance by taxpayers in the long-run. In South Africa tax amnesties, especially the voluntary disclosure programme, are likely to be successful since they will increase the revenue yield and also bring non-filers back on the tax rolls.

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Fyvie, Richard Michael. « The risks of civil engineering project development in emerging nations ». Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1481.

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This research reviews the challenges and obstacles confronting multinational civil engineering consulting and contracting companies seeking to conduct project developments within Emerging Markets, specifically with regard to the regions of Africa and the Middle East. With the increasing convergence of the global economy towards an interconnected and co-dependant system, the emerging economies of previously underdeveloped parts of the world are now capturing the focus of the civil engineering industry as the primary area of operation. Multinational companies that historically were restricted to construction of the developed world must now adapt and reposition themselves with a footprint in these emerging markets, if they are to take advantage of the changing conditions within the global infrastructure construction industry. For companies historically unfamiliar with operating in Africa and the Middle East, a plethora of potential risks are associated with project development. This research incorporated a substantial literature study that determined a number of critical issues that directly and indirectly influence a company’s ability to complete a project within time and under budget. The literature bank was then tested against the expert opinions of four selected respondents utilising a case study research methodology, as detailed by Yin (1994: 1-17). The respondents represented two selected civil engineering consulting firms, one based in a developed country with an extensive interest in the Middle East, and the other based in an emerging country itself, with operations throughout Africa. The outcome of the research ii highlighted several internal risk factors affecting development in Africa and the Middle East, such as capacity, staff experience, available resources and corporate culture. External factors were, however, the primary focus of respondents’ feedback, and included the reliability of energy supply in the target country, the condition of the built infrastructure such as roads and ports, tax rates and cost of finance, the prevalence of corruption as well as the risk of civil conflict and political instability. The Project Risk Guideline was the final output of this research process, which represented a synthesis between the literature review, the case study investigations as well as synthesis of various accepted risk evaluation techniques. The Guideline is a stage-gate sequential process, and may be utilised by civil engineering consulting or contracting firms with an interest in risk profiling and mitigation for project developments in emerging nations.

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Farrar, Lauren Judy. « The free basic water policy of South Africa : an evaluation of its implementation ». Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13198.

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Includes bibliographical references.
South Africa is still feeling the effects of the forced inequalities the apartheid system introduced and the resulting wide-spread poverty. Inequalities are particularly evident in the quality of services provided to different areas, which are in the majority still defined by race. The majority of White households have very good service provision, with water piped directly into the home. A great number of Black and Coloured households, by contrast, have very low levels of service where family members have to walk to collect water from communal taps. To this day, there are households in South Africa that do not have access to water infrastructure at all relying on rivers, streams or boreholes, with an increased risk of experiencing water borne diseases. With the end of apartheid and the beginning of democracy in 1994, the new government prioritised the redress of inequalities and sought to better the lives of the poor by providing them with improved services. This meant building or upgrading infrastructure as well as ongoing maintenance; whilst the initial costs were high, it became very quickly apparent that revenue needed to be collected in order to cover costs. Between 2008 and 2009, 26.3% of South Africans were living below the food poverty line of R305 per person, and 52.3% were living below the upper bound poverty line, and this meant that many households were not able to afford the upgraded services. In recognising this challenge the Free Basic Water Policy (FBWP) was established in 2001, which provided a limited “lifeline” supply of water to every household for free, while any additional water usage would have to be paid for. When the FBWP was conceptualised, it was designed to meet certain implementation and supply quality goals and standards. However, over time criticism rose that these goals had not been achieved and that in some cases the policy proved counterproductive. The objective of this dissertation is to examine the implementation of FBWP thus far, and to assess whether or not it is achieving the originally intended goals and standards. Quantitative data was gathered and used to compare the progress of the implementation of the FBWP to the implementation goals in order to assess whether or not the goals are being met. Overall there were six major goals for the implementation of the FBWP, with specific targets and standards pertaining to each goal. For the purpose of this study, the data for each goal was analysed and discussed so that the progress in achieving each goal could be assessed. The findings show that significant progress and improvement has been made in supplying Free Basic Water (FBW]. Although access to water supply and FBW, the level of service provided and the quality of the water have improved, there are still households who are not receiving FBW at the required standards. From the rate of progress made it can be seen that the original intention of providing FBW for all by 2014 was over-optimistic. A second finding was that the FBWP is not financially sustainable at present and that there is currently a lack of asset management and maintenance planning in many municipalities in South Africa, which has resulted in substantial revenue losses. It was also found that the monitoring of the FBWP is currently not sufficient. Aspects such as appropriateness of the allocated amount can only be resolved with improved monitoring mechanisms. The effectiveness of education programmes on water usage requires assessment in order to understand how increased awareness can impact on households’ ability to safe water.

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Seekings, Jeremy, Khehla Shubane et David Simon Simon. « An evaluation of the European community / Kagiso Trust Civic and Advice Centre Programme ». Commission of the European Communities, 1993. http://hdl.handle.net/10962/66010.

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This report evaluates the Civic and Advice Centres Programme (CACP) administered by Kagiso Trust (KT) with funds from, primarily, the Commission of the European Communities (CEC). Between 1987 and 1992 over R 13 mn was disbursed through this programme. The authors of this report were appointed by the CEC and KT as consultants in November 1992. This is our final report. This report is the product of an evaluation conducted by the consultants in accordance with Terms of Reference defined by the CEC and KT. As such the report does not necessarily reflect the views or policies of either the CEC or KT. It is important to indicate clearly what this report is and is not. It is a report for the funding organizations - KT and the CEC - on their funding of civics and advice centres. It is not a study of civics and advice centres perse. There are important aspects of the civic movement which are not examined here. Our recommendations are offered to the funding organizations. Neither our analysis nor our recommendations are intended to be prescriptive of or for civics and advice centres. It is up to civics and advice centres to assess their own experiences and to choose their own routes into the post-apartheid future. Our concern here in this report has merely been to point out to the funders how their funds have been used, and how funds might be constructively used in future to further the democratisation of governmental and developmental processes. The consultants are grateful to all of the individuals and organizations who were able to spare time to discuss with us their experiences and perceptions of the CACP. They are too many to name here, but they are listed in Annex B. Our role as consultants has been in part to collate the many incisive comments made to us in our many discussions around the country. There are few suggestions here which have not been made by one or other of our interviewees. We are grateful to the CEC and KT for the assistance they provided. At KT’s head office we have been extensively assisted by Spencer Malongete, Pam Hamese and Muzwandile Lumka. We are grateful also to the staff of the KT regional offices who met with us and helped to schedule appointments with projects. Kagiso Trust organised a reference group for the consultants which on two occasions generously criticised early drafts of the report. It has not been easy to co-ordinate the work of three consultants based in Cape Town, London and Johannesburg. Our research was originally divided on a geographical basis. Jeremy Seekings examined the CACP in Cape Town, the Eastern Cape and Border, and parts of the Orange Free State. Khehla Shubane examined the CACP in the Transvaal and Natal. David Simon conducted research in parts of the Transvaal, Southern Cape, and Cape Town. Most of the sections of the report were drafted by one or other of the consultants, and revised in light of comments from one or both of the other consultants. Jeremy Seekings was primarily responsible for sections 2.4, 3, 4, 5, 7.1 and 8. David Simon was primarily responsible for sections 1, 2.2 and 2.3, 6.6, 7.2 and 7.3, and 10. Jeremy Seekings and David Simon drafted the rest of section 6. Khehla Shubane was primarily responsible for section 9 and the executive summary, and made extensive inputs into sections 3.3 and 5.

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Asmal, Kader. « Victims, survivors and citizens : human rights, reparations and reconciliation : inaugural lecture ». University of the Western Cape Printing Department, 1992. http://hdl.handle.net/10962/69386.

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The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal.
Publications of the University of the Western Cape ; series A, no. 64

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Mabeka, Nombulelo Queen. « The impact of e-technology on law of civil procedure in South Africa ». Thesis, 2018. http://hdl.handle.net/10500/24985.

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The law of civil procedure is an important branch of South African law as it resolves individual civil disputes through a regulated judicial system. Mandatory statutes and rules regulate the processes when bringing disputes to court. For example, the Superior Courts Act 10 of 2013, regulates the superior courts, while the provisions of the Magistrates’ Courts Act 32 of 1944, as well as the Small Claims Court Act 61 of 1984, control the lower courts. Further, a series of court rules ensure efficient operation of different courts and support the overarching legislation. For example, the Constitutional Court Rules, Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal, Uniform Rules of Court, Magistrates’ Courts’ Rules, and the Rules of Small Claims Court support the implementation of legislation. The researcher submits, however, that the current legislative provisions, and their enabling rules, are not fully complementing the Electronic Communication and Transactions Act 25 of 2002 and are thereby impeding the growth of e-technology law in South Africa. Put differently, they do not embrace the use of e-technology and digital devices. It appears that in future civil proceedings will occur electronically through digital and e-technology devices. Present legislation does not cater for this practical reality. This calls for South African courts to, for example, install satellite devices that will ease the use of e- technology in civil proceedings. The researcher avers that there have been attempts by the Constitutional Court and Supreme Court of Appeal to enable electronic communication through their websites, but this is insufficient to effectively implement the provisions of the Electronic Communications and Transactions Act 25 of 2002 especially insofar as service of process. The courts have effectively moved away from the decision in Narlis v SA Bank of Athens, which excluded computer-generated evidence and there have been attempts by South African courts in recent decisions to appreciate the use of e-technology. For example, in CMC Woodworking Machinery v Odendaal Kitchens the court, for the first time, acknowledged service of court papers via Facebook. Further, in Spring Forest Trading v Wilbery, the Supreme Court of Appeal confirmed that electronic communication such e-mail, can be used to cancel agreements, even where parties incorporated a non-variation clause into the agreement. However, there is an urgent need to review and amend South African statutes and rules to fully acknowledge the fact that e-technology is a constantly evolving modern reality. Therefore, South African laws and rules ought to be in-line with e-technology developments and competitive with international jurisdictions such as England, the United States of America and Canada. The rules of these jurisdictions realise the use of e-technology and digital e-technology, particularly in England where a pilot project that facilitates the use of e-technology and digital e-technology in civil proceedings, is already in place. The time has come to fully employ e-technology and digital e- technology law within South African law of civil procedure. This research investigates the possibility, and practical implications, thereof.
Criminal and Procedural Law
LL. D.

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