A comparison of the Botswana and South African labour dispute: resolution systems
- Koorapetse, Michael Moemedi Sean
- Authors: Koorapetse, Michael Moemedi Sean
- Date: 2011
- Subjects: Labor disputes , Labor relations , Conflict management , Dispute resolution (Law)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9429 , http://hdl.handle.net/10948/d1010556 , Labor disputes , Labor relations , Conflict management , Dispute resolution (Law)
- Description: The purpose of this study was to compare the dispute resolution systems of Botswana and South Africa. As far as the South Africa dispute resolution system is concerned extensive literature on the system was carried out to describe its functioning. As for the Botswana dispute resolution system there was not much written about it in the literature, so in order to find out more about this system semi-structured interviews with labour relations experts which include mediators, arbitrators, lecturers, labour lawyers, trade unionists, employers and government officials held. The framework of comparison was developed to compare the elements of dispute resolution systems against each other and secondly to compare each system against the criteria of performance to the system. The two labour relations systems were compared in terms of elements of the system and the performance of the two systems. In the comparisons of the elements of the systems it was found out that in both systems the nature of disputes was collective and individual disputes both of which can be referred to the initial process of mediation or conciliation. However, in Botswana collective disputes can only be referred to arbitration if they remain unresolved in mediation while in South Africa only collective disputes on essential services go to arbitration while others lead to a strike or lockout if unresolved at conciliation. As for coverage both systems have incorporated public service sector employees in the systems after being excluded from the system for a very long time. The only difference is that in Botswana the Police force is not included while in South Africa they are included in the system. Differences in the avenues of disputes in the two countries were noted, in Botswana the rights/individual disputes go to either arbitration or Industrial Court if unresolved at mediation, inter-est/collective disputes can only go to arbitration while in South Africa the route of disputes is specified in the legislation. As for the human resources of the two countries it was found that the South African system has more qualified, trained and sufficiently experienced staff than the Botswana system. As for the processes it was found that for South Africa the initial process is conciliation while in Botswana it is mediation but these two processes were similar in many ways, from mediation/conciliation the next step in both systems is arbitration and just like the conciliation/mediation, arbitration in both countries was found to be similar except that in South Africa it is a public hearing. The two systems were also compared in terms of their performances and the research has established that between the two systems the South African system proved to be more superior on three of the criteria; efficiency, accessibility and legitimacy than the Botswana system. Therefore, the research proposes a number of recommendations for Botswana to implement namely; establishment of a legislated mixed process of mediation-arbitration, making the dispute resolution system independent from government, recruitment of high qualified and experienced staff for mediation and arbitration, accreditation to private agencies, effective case management system and proper routing of disputes.
- Full Text:
- Date Issued: 2011
- Authors: Koorapetse, Michael Moemedi Sean
- Date: 2011
- Subjects: Labor disputes , Labor relations , Conflict management , Dispute resolution (Law)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9429 , http://hdl.handle.net/10948/d1010556 , Labor disputes , Labor relations , Conflict management , Dispute resolution (Law)
- Description: The purpose of this study was to compare the dispute resolution systems of Botswana and South Africa. As far as the South Africa dispute resolution system is concerned extensive literature on the system was carried out to describe its functioning. As for the Botswana dispute resolution system there was not much written about it in the literature, so in order to find out more about this system semi-structured interviews with labour relations experts which include mediators, arbitrators, lecturers, labour lawyers, trade unionists, employers and government officials held. The framework of comparison was developed to compare the elements of dispute resolution systems against each other and secondly to compare each system against the criteria of performance to the system. The two labour relations systems were compared in terms of elements of the system and the performance of the two systems. In the comparisons of the elements of the systems it was found out that in both systems the nature of disputes was collective and individual disputes both of which can be referred to the initial process of mediation or conciliation. However, in Botswana collective disputes can only be referred to arbitration if they remain unresolved in mediation while in South Africa only collective disputes on essential services go to arbitration while others lead to a strike or lockout if unresolved at conciliation. As for coverage both systems have incorporated public service sector employees in the systems after being excluded from the system for a very long time. The only difference is that in Botswana the Police force is not included while in South Africa they are included in the system. Differences in the avenues of disputes in the two countries were noted, in Botswana the rights/individual disputes go to either arbitration or Industrial Court if unresolved at mediation, inter-est/collective disputes can only go to arbitration while in South Africa the route of disputes is specified in the legislation. As for the human resources of the two countries it was found that the South African system has more qualified, trained and sufficiently experienced staff than the Botswana system. As for the processes it was found that for South Africa the initial process is conciliation while in Botswana it is mediation but these two processes were similar in many ways, from mediation/conciliation the next step in both systems is arbitration and just like the conciliation/mediation, arbitration in both countries was found to be similar except that in South Africa it is a public hearing. The two systems were also compared in terms of their performances and the research has established that between the two systems the South African system proved to be more superior on three of the criteria; efficiency, accessibility and legitimacy than the Botswana system. Therefore, the research proposes a number of recommendations for Botswana to implement namely; establishment of a legislated mixed process of mediation-arbitration, making the dispute resolution system independent from government, recruitment of high qualified and experienced staff for mediation and arbitration, accreditation to private agencies, effective case management system and proper routing of disputes.
- Full Text:
- Date Issued: 2011
Conflict and sustainable development: the case of the great Limpompo Transfrontier Park (GLTP), Southern Africa
- Authors: Muboko, Never
- Date: 2011
- Subjects: Conflict management , Sustainable development -- South Africa -- Limpopo , Great Limpopo Transfrontier Park
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:8158 , http://hdl.handle.net/10948/1357 , Conflict management , Sustainable development -- South Africa -- Limpopo , Great Limpopo Transfrontier Park
- Description: Conflict is inevitable but sustainable development is achievable. An analysis of the mix between development and conflict in two communities revealed the imperatives needed to strike a balance between conflict and sustainable development. While conflicts over natural resources are neither a new phenomenon nor are they inevitable, it is the approaches adopted to manage them that generate interests and makes a difference between peace and violence. Thus, conflicts associated with wilderness or TFCA development initiatives such as the Great Limpopo Transfrontier Park (GLTP) have attracted significant interest from various stakeholders. While the GLTP is a flagship conservation initiative in Southern Africa designed to integrate different land uses for socio-economic development, it is littered with conflicts. Through documenting the experiences of two communities involved in development conflicts, a determination was sought to understand the efficacy of approaches used to manage the conflict. Using mainly questionnaires and personal interviews, perceptions and attitudes of key informants were solicited. Unresolved historical problems reincarnated to haunt current conservation projects as memories of unresolved past events reflected negatively on new related initiatives. Different approaches adopted in managing these conflicts resulted in significantly different outcomes. Local stakeholder involvements were inadequate, but were identified as pertinent to successful sustainable conservation and development. Unless local communities are assured of real benefits from new conservation initiatives it became evident that recurrent conflicts would be inevitable. The findings reveal that current conservation initiatives should be underpinned by emerging inclusivity theories in the conservation discourse. A broad range of stakeholders should embrace this new paradigm based on the philosophy that conservation efforts that exclude local communities are bound to be unsustainable. We found out that it is in the interests of all for policy makers to come up with policies that recognise the critical role local communities play, while subscribing to the regional and international standards for best practices in the conservation business.
- Full Text:
- Date Issued: 2011
- Authors: Muboko, Never
- Date: 2011
- Subjects: Conflict management , Sustainable development -- South Africa -- Limpopo , Great Limpopo Transfrontier Park
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:8158 , http://hdl.handle.net/10948/1357 , Conflict management , Sustainable development -- South Africa -- Limpopo , Great Limpopo Transfrontier Park
- Description: Conflict is inevitable but sustainable development is achievable. An analysis of the mix between development and conflict in two communities revealed the imperatives needed to strike a balance between conflict and sustainable development. While conflicts over natural resources are neither a new phenomenon nor are they inevitable, it is the approaches adopted to manage them that generate interests and makes a difference between peace and violence. Thus, conflicts associated with wilderness or TFCA development initiatives such as the Great Limpopo Transfrontier Park (GLTP) have attracted significant interest from various stakeholders. While the GLTP is a flagship conservation initiative in Southern Africa designed to integrate different land uses for socio-economic development, it is littered with conflicts. Through documenting the experiences of two communities involved in development conflicts, a determination was sought to understand the efficacy of approaches used to manage the conflict. Using mainly questionnaires and personal interviews, perceptions and attitudes of key informants were solicited. Unresolved historical problems reincarnated to haunt current conservation projects as memories of unresolved past events reflected negatively on new related initiatives. Different approaches adopted in managing these conflicts resulted in significantly different outcomes. Local stakeholder involvements were inadequate, but were identified as pertinent to successful sustainable conservation and development. Unless local communities are assured of real benefits from new conservation initiatives it became evident that recurrent conflicts would be inevitable. The findings reveal that current conservation initiatives should be underpinned by emerging inclusivity theories in the conservation discourse. A broad range of stakeholders should embrace this new paradigm based on the philosophy that conservation efforts that exclude local communities are bound to be unsustainable. We found out that it is in the interests of all for policy makers to come up with policies that recognise the critical role local communities play, while subscribing to the regional and international standards for best practices in the conservation business.
- Full Text:
- Date Issued: 2011
Coping strategies among female Zimbabwean refugees at the central Methodist church in Johannesburg : a conflict management perspective
- Authors: Bjorknes, Guro Lauvland
- Date: 2011
- Subjects: Central Methodist Church Refugee Community , Church work with refugees , Conflict management , Interpersonal relations
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8188 , http://hdl.handle.net/10948/1424 , Central Methodist Church Refugee Community , Church work with refugees , Conflict management , Interpersonal relations
- Description: This treatise represents an investigation into the coping strategies of female Zimbabwean refugees at the Central Methodist Church (CMC) in Johannesburg. The CMC in Johannesburg includes a non-profit organisation called Ray of Hope that has functioned as a provider of accommodation and emergency refuge at the church since 1997. A vast number of Zimbabweans are moving to adjacent countries as a consequence of the conflict in Zimbabwe and approximately 85 percent of the people that have sought refuge in the CMC in Johannesburg are Zimbabweans that have fled the economic and political conflict in Zimbabwe. Using an interviewing strategy of a sample of 20 female Zimbabwean refugees, conducted at the CMC, the researcher gathered data, indicating that they face various conflicts on a daily basis inside as well as outside the refugee community in the CMC in Johannesburg. An extensive literature review and researcher‟s own observations during hours spent in the refugee community have also contributed to the collection of data. The findings suggest that coping mechanisms have been adopted by the female refugees to deal with the conflicts. Analysis of data was guided by grounded theory approach which allowed key findings about coping mechanisms to surface which encouraged recommendations presented in the conclusion of the treatise.
- Full Text:
- Date Issued: 2011
- Authors: Bjorknes, Guro Lauvland
- Date: 2011
- Subjects: Central Methodist Church Refugee Community , Church work with refugees , Conflict management , Interpersonal relations
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8188 , http://hdl.handle.net/10948/1424 , Central Methodist Church Refugee Community , Church work with refugees , Conflict management , Interpersonal relations
- Description: This treatise represents an investigation into the coping strategies of female Zimbabwean refugees at the Central Methodist Church (CMC) in Johannesburg. The CMC in Johannesburg includes a non-profit organisation called Ray of Hope that has functioned as a provider of accommodation and emergency refuge at the church since 1997. A vast number of Zimbabweans are moving to adjacent countries as a consequence of the conflict in Zimbabwe and approximately 85 percent of the people that have sought refuge in the CMC in Johannesburg are Zimbabweans that have fled the economic and political conflict in Zimbabwe. Using an interviewing strategy of a sample of 20 female Zimbabwean refugees, conducted at the CMC, the researcher gathered data, indicating that they face various conflicts on a daily basis inside as well as outside the refugee community in the CMC in Johannesburg. An extensive literature review and researcher‟s own observations during hours spent in the refugee community have also contributed to the collection of data. The findings suggest that coping mechanisms have been adopted by the female refugees to deal with the conflicts. Analysis of data was guided by grounded theory approach which allowed key findings about coping mechanisms to surface which encouraged recommendations presented in the conclusion of the treatise.
- Full Text:
- Date Issued: 2011
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