The right of non-unionised employees and minority unions to be consulted prior to dismissals based on operational requirements
- Authors: Karuaihe, Janee, Raahua, Sigfried
- Date: 2024-04
- Subjects: Unfair labor practice , Employees--Dismissal , Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64481 , vital:73738
- Description: The position of workers and trade unions has changed drastically since the introduction of a Constitutional dispensation in South Africa. The Constitution affords both workers and trade unions protectable rights and greater influence at the workplace. To vindicate and assert these rights trade unions and workers approach the courts to vindicate these rights. Section 23 of the Constitution deals with labour rights and section 18 gives effect to the right to freedom of association. To give content to these rights the Constitution provides that courts must have regard to international law. In the context of these rights, one of the principles recognised by the International Labour Organisation through its Conventions is the principle of majoritarianism. In short, the principle endeavours to give effect to the will of trade unions representing the majority of employees in a workplace in relation to trade unions that represent the minority. This is achieved through collective bargaining, which typically results in the conclusion of collective agreements, whereby trade unions are given exclusive and or preferential rights. In AMCU v Royal Bafokeng the Constitutional Court held that, the principle of majoritarianism applies to and finds expression in section 189 of the Labour Relations Act. The effect of this judgment is that members of a minority trade union may be represented by a rival majority trade union during the consultation process when an employer has contemplated dismissals based on operational requirements. The minority judgement adopted a different approach, reasoning that, the principle of majoritarianism ought not to find application in the context of dismissals based on operational requirements. It found that section 189 is intended to give effect to the Constitutional right to fair labour practices and must therefore allow a fair procedure that permits an employee to choose who may represent him/her in a consultation process prior to dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2024
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- Date Issued: 2024-04
Archontic Aporias: the mediums of memory
- Authors: Arbuckle, Julia Ruth
- Date: 2023-03-30
- Subjects: Practice research , Eastern Cape (South Africa) History , Autoethnography , Information storage and retrieval systems Memory , Archives South Africa Eastern Cape , Aporia , Memory in art , Archives in art
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/408727 , vital:70520
- Description: Contextualising my research within the Eastern Cape as a descendant of 1820 settlers, I question the modalities of historical recollection by introducing memory as a viable mode of archival production alongside that of the archive. Through interrogating Eastern Cape archival institutes and employing an autoethnographic approach to my familial archives, I show that archival curation affects the gaps, schisms, and interpretations of archives as much as the ‘unreliability’ of memory. I rely on definitions from Jacques Derrida and literature from Achille Mbembe and Verne Harris, as well as reflexive methodologies, to engage the ways of remembering the past and methods of storytelling. With this undertaking, I expose the aporias within archival processes. This written component is part of broader research that encompasses theoretical study and a practice-based Fine Arts research project culminating in an exhibition that shares themes of memory, archive, trauma, and curatorial and personal heritage management. This research engages in case studies of artworks by Angela Deane and Maureen de Jager to contextualise and position the creative process. , Thesis (MFA) -- Faculty of Humanities, Fine Art, 2023
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- Date Issued: 2023-03-30
The soul of Mozambique: an autoethnographic and performance-based study on the correlation of glabalisation, Chopi people migrations and the reinterpretation of timbila music in Mozambique
- Authors: Bande Júnior, Venâncio
- Date: 2022-10-14
- Subjects: Timbila , Chopi (African people) Mozambique , Music festivals Mozambique , Traditional knowledge , Music and globalization , Modernity , Traditional folk music
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/406818 , vital:70310
- Description: This is an autoethnographic and performance-based study on the correlation between indigenous and modern cultures. It discusses the influence of globalisation, modernity, and of the Chopi people migrations to Maputo, the main city of Mozambique and to gold and platinum mines in South Africa, on timbila music. Timbila is both the name of a musical instrument (xylophone) and of a cultural manifestation, practiced by the Chopi people from Mozambique. It is one of the most documented music and dance cultures in Mozambique and was proclaimed as a masterpiece of the oral and immaterial heritage of humanity by UNESCO in 2005. The oldest references by Father Andre Fernandes date from the 16th century. However, the most well-known timbila sources were written and recorded by Hugh Tracey, the founder of the International Library of African Music (ILAM), from 1940s. All these sources were based on traditional timbila music. None refers to contemporary timbila music, which is a mixture of timbila with Western musical instruments. The research is thus based on both historical and is new research to understand the role of the phenomena mentioned above to the reinterpretation of timbila music over the time. Performance based and autoethnography methods were selected because of my role as a pedagogue of the music and culture of timbila, allowing me to express my knowledge on this cultural expression. Literature review and interviews are the two procedures of data collecting employed to get an understanding of the research methods; the phenomena of modernity, globalisation and of the Chopis migration for the searching of better living conditions in Maputo and South Africa; and the approaches of different scholars who have written about timbila. The use of these methods and methodologies, allowed me to conclude that, Chopis migrations, modernity and globalisation has allowed the emergence of a modern version of timbila music; internationalisation and dissemination of this musical expression; and contributes to the extinction of traditional timbila orchestras in Zavala. Despite considerable studies on timbila music and culture, this thesis is important and pioneering, from the perspective of studying the influence of Chopis migrations, globalisation and modernity on timbila and is one of the few sources that approach the contemporary timbila music. , Thesis (MMus) -- Faculty of Humanities, Music and Musicology, 2022
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- Date Issued: 2022-10-14
perception of male university students regarding the relationshinship between masculinity and gender based violence: A health promotion enquiry
- Authors: Fosi, Mziwabantu
- Date: 2022-00
- Subjects: Medicine
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/9637 , vital:74606
- Description: Globally, Gender Based Violence (GBV) refers to harmful act directed at an individual based on their gender, power and positions within a given society. According to Statistics South Africa report 2021, one in five women (21%) had experienced physical violence by a partner. GBV is rooted in gender disparities, the abuse of power and harmful norms. Both men and women to some extent experience GBV and suffer from discrimination if they deviate from societal expectations of masculinities. Men’s violence, whether directed at women, people with diverse sexual orientations and gender identities or other men, is inextricably linked to hegemonic and toxic masculinity. The aim of the study was to investigate perception of male university students regarding the relationship between masculinity and gender-based violence. This study adopted qualitative phenomenological approach. The research was conducted at WSU, Mthatha campus, Eastern Cape, South Africa. Purposive sampling was used to select 24 participants. Semi-structured, in-depth, face to face interviews were used to gather data. The collected qualitative data was analysed utilizing thematic analysis method with the assistance of NVIVO software. Ten overarching themes were identified using thematic method and reported and categorised as factors associated with GBV and suggested action plans to fight against GBV and these includes: (1) Gender discrimination as a contributing factor towards GBV; (2) Impact of association on GBV; (3) Perception of males on how the law handles GBV cases; (4) Dark figures and unreported cases escalate GBV (5) Influence of materialistic things on “blesser/blesse” relationship; (6) Social norms or community common practices misconception that still promote gender differences; (7) Poor decision making based on wrong assumptions about what other people thinks or do (8) Sexual education gaps on deciding when to start sex in a relationship; (9) Suggested preventative actions to prevent GBV. This study concluded with discussion and recommendations of further study to support participants recommendations for continuous health education and strengthen increase on youth friendly GBV programs to empower males in the university and further suggested development of comprehensive health promotion strategies to reduce gender-based violence. This study concluded with discussions and recommendations of the required comprehensive health promotion program to curb GBV and as well suggestions for further research studies to focus on developing health promotion intervention to prevent causes of GBV. , Thesis (Masters) -- Faculty of medicine and Health Sciences, 2022
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- Date Issued: 2022-00
Pessimism and the secular problem of evil
- Authors: Ruiters, Siphamandla
- Date: 2021-10-29
- Subjects: Good and evil , Pessimism , Optimism , Secularism , Quality of life
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/190111 , vital:44964
- Description: How should we respond to the prevalence of ubiquitous evil? In this thesis, I present two responses to the secular problem of evil. The secular problem of evil exists because we want to live good lives, but we are all existentially vulnerable to evil. Consequently, we can think of various ways in which evil's existence poses a problem for us. When faced with such evil, I distinguish two responses that we may adopt, namely, optimistic or pessimistic responses to the secular problem of evil. These responses may be understood as stances that we may adopt about the relative evil and goodness in the world. Once I have made a thorough evaluation of the discussion around the secular problem of evil and the responses, I will suggest that pessimism is an appealing and appropriate response that we should adopt. To achieve the aims of this thesis, I will first clarify the kind of evil at stake in this thesis and then explain how philosophers have historically responded to this problem. Secondly, I will focus on the contemporary discussion on the secular problem of evil and show the responses are optimistic responses. Finally, I will provide a case against optimism and then show why pessimism is the most appealing and appropriate response. , Thesis (MA) -- Faculty of Humanities, Philosophy, 2021
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- Date Issued: 2021-10-29
The acoustic niche and conservation status of the recently described Hogsback caco, Cacosternum thorini (Amphibia: Pyxicephalidae), Hogsback, Eastern Cape, South Africa
- Authors: Kom, Nokuthula
- Date: 2021-02
- Subjects: Amphibians
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20429 , vital:45665
- Description: Animals may compete for acoustic space (acoustic niche) in the same way they do for habitat space. The most intense competition involves individuals with the most similar resource requirements (i.e. conspecifics), but if competition is interspecific, then mate recognition must occur both within and between species. The coexistence of the bronze caco (Cacosternum nanum) and the Hogsback caco (C. thorini) in the Tor Doone area of Hogsback could be interpreted as a result of past competition, which drove acoustic partitioning by means of the evolution of specific calls that do not overlap in frequency. Frogs are known to coexist well with other frog species because of their highly specific advertisement calls, which differ even between closely related species. One of the main aims of the project was to record and provide a description of the call of the recently described Hogsback caco, C. thorini. I identified 30 calling males and recorded each for 10 min in February 2016, yielding a total of 235 calls. Summary values for the calls include duration of 40 ± 14 ms, with 16 ± 5 pulses produced at a pulse-rate of 46 ± 21 s-1 and a mean dominant frequency of 4.19 ± 0.58 kHz. The call of C. thorini differs from those of all other cacos, by its incremental structure (increased number of pulses within consecutive units). My second goal was to use playbacks to investigate the preferred habitat of C. thorini and to compare it with that of C. nanum. I conducted experiments to measure the propagation of C. thorini and C. nanum calls in three different habitats (C. thorini habitat, C. nanum habitat, and grassland with no water bodies). Finally, I investigated the effect of drought and flood on the pools used by males as calling sites, using a buried basin to which I added water in 10 litre aliquots. The optimal water level for call propagation in the artificial pools was half-full. Using playbacks, I tested whether the two species responded to each other’s calls. I found that, although the two species call at the same time and each call in response to the other’s calls, they do not recognise heterospecific calls; they simply respond to noise. I found no evidence of acoustic competition between the two species, and in fact, the abundant, dominant species, C. nanum, was rare in the C. thorini preferred habitat. The results of this study may assist efforts to conserve endemic amphibians in the Amatola Mountains. , Thesis (MSc) -- Faculty of Science and Agriculture, 2021
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- Date Issued: 2021-02
Evaluating the Prevention of Mother to Child Transmission (PMTCT) of HIV Services in the Eastern Cape: subtitle if needed. If no subtitle follow instructions in manual
- Authors: Sigovana, Khuthala
- Date: 2019
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/3176 , vital:43182
- Description: Abstract text To effectively reduce HIV transmission to newborns requires a reduction of HIV prevalence among pregnant women and a full understanding of its epidemiology. There is however, a literature gap: few recent HIV studies focus on women attending antenatal care in rural areas in South Africa. A Cross-sectional study of women attending antenatal care in four Primary Care facilities was conducted. An interviewer-administered questionnaire to collect information on socio-demographic characteristics and medical history was used. Binomial logistic regression analyses were used to determine factors associated with HIV and to estimate the prevalence ratio (PR). The 95% confidence interval (CI) is used for precision of estimates; p≤0.05 for statistical significance. A total of 343 participants were recruited. Most participants (n = 341 or 99.42%; CI: 97.91 – 99.93) knew their HIV status. The antenatal HIV prevalence was 38.19% (CI: 33.17 – 43.48). Participants older than 40 years were 3.99 and 3.81 times more likely to be HIV positive compared to teenagers (PR = 3.99; CI: 1.11 – 14.30; pstxvalue = 0.034) and those in the 20-29 age group (PR = 3.81; CI: 1.07 – 13.60; pstxvaluevalue = 0.039) respectively; and this was statistically significant. Unemployed participants were 34% (PR = 1.34; CI: 1.16 – 1.55; p-value less than 0.0001) and 41 percent (PR = 1.41; CI: 1.23 – 1.61; p-value less than 0.0001) more likely to be HIV positive when compared to tertiary students and self-employed individuals respectively. The antenatal HIV prevalence remains high and is increasing in this population. However, findings suggest a changing and maturing epidemic. , Thesis (MMED) -- Faculty of Health Sciences, 2019
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- Date Issued: 2019
A Facile Effective Method for the Synthesis of Au-Cdse Nanostructures and their Characterisations.
- Authors: Gaxela, Nelisa Ncumisa
- Date: 2016-5
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/3238 , vital:43198
- Description: ABSTRACT We report the synthesis of aqueous and organically soluble cadmium selenide (CdSe) nanoparticles (NPs) doped with gold via a facile and effective method. Briefly the synthesis involves the reduction of selenium powder using sodium sulphite to produce sodium selenosulphate which acts as the selenium source, followed by the addition of CdX (X = Cl2, CH3COO, NO3). The nanoparticles were passivated with trisodium citrate, mercaptopropanoic acid (MPA), potassium sodium tartarate (PST) and L-cysteine which rendered them soluble in water and also acted as stabilizing agents, while passivation with hexadecylamine (HDA) made them soluble in organic solvent which also enhanced their stability. The high quality of the as-synthesized nanoparticles was confirmed using absorption and photoluminescence (PL) spectroscopy, Fourier transform infrared spectroscopy (FTIR), transmission electron microscopy (TEM) and high resolution TEM (HRTEM). The systematic study of the effect of mole ratio, temperature, capping agent, growth time, cadmium precursor and ratio of Au on the size, optical and structural properties on the water soluble CdSe nanoparticles were investigated. All the as-synthesised particles, are blue-shifted in relation to the bulk band gap of CdSe. As the Cd: Se mole ratio increases, the intensity of the citrate capped CdSe materials also increases and the particle sizes are in the range of 2.06 – 4.00 nm. When the temperature was increased, the luminescence intensity quenched whereas the particle size increased. As the growth time increased, the intensity increased and then decreased again towards the end of the reaction. When different capping agents were used the particle sizes range from 2.06 – 3.36 nm for citrate, 2.08 – 3.33 nm for MPA, 2.01 – 2.28 nm for L-cysteine and polydispersed for PST. The luminescence intensity decreased in the order citrate > cysteine > PST > MPA when CdCl2 was used as cadmium precursor. When different cadmium precursors were used for L-cysteine, the particle sizes range from 2.06 – 2.31 nm for Cd(CH3COO)2 and 2.00 – 2.37 nm for Cd(NO3)2 while the intensity increased as the reaction time increased, however, still lower than the CdCl2 materials. The effect of Au ratio showed that the intensity of Au-doped cysteine capped-CdSe increased as the Au ratio decreased. The systematic study of the effect of temperature and growth time in the organic soluble CdSe nanoparticles on the size, optical and structural properties was also investigated. All the as-synthesised particles were blue-shifted in relation to the bulk CdSe. As the temperature increased the particle sizes of the undoped materials range between 2.92 – 2.95 nm at 160 °C and 5.35 – 5.39 nm at 200 °C while for the doped materials the particle size range from 2.53 – 2.61 nm at 160 °C, 3.97 nm at 200 °C and 4.20 – 4.72 nm at 240 °C. The intensity of the doped materials increased as the reaction time increased and then decreased again towards the end of the reaction. After ligand exchange the intensity of the as-synthesized doped and undoped-CdSe NPs was very low compare to the parent organically capped doped and un-doped CdSe. It was discovered that without any further purification, the quality of the materials formed by this method is comparable to that of the best CdSe NPs reported in the literature. This method is safe, inexpensive and reproducible. , Thesis (MsC Chemistry) -- Faculty of Natural Sciences, 2019
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- Date Issued: 2016-5