Sports and competition law in South Africa: the need to account for the uniqueness of sport when applying the competition Act 89 of 1998 to the sports industry
- Authors: Sun, Huajun
- Date: 2017
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10962/7102 , vital:21217
- Description: Regulation of sport as an economic activity has become increasingly prevalent in a number of foreign jurisdictions. This thesis considers the applicability of competition law to the sports industry from a South African perspective. Although the Competition Act 89 of 1998 is yet to be applied in the context of organisation of professional sport, the sector is not free from the scrutiny of competition law authorities. It is necessary to subject sports organisers and governing bodies to competition law in order to ensure that their administrative powers, which effectively place them in positions of market dominance, are not misused for their own commercial interests. On the other hand, the unique characteristics of sports should also be taken into account when applying competition law to the sector. In particular, it should be noted that sporting activities are not purely economic in nature, and that they are also conducted in order to achieve various social objectives. This thesis examines foreign jurisprudence that have dealt with the relevance of purely sporting justifications under competition law, and conclude that South Africa law should take into account the unique nature of sport when determining whether a conduct should be per se prohibited under the Competition Act, as well as when the rule-of-reason enquiry is conducted. This would require an amendment to the Act, a draft of which is proposed in this thesis. Finally, the proposed approach is applied in the context of the player transfer rules in football, in order to highlight problematic aspects of the transfer system even when considered in light of the unique nature of sports.
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- Date Issued: 2017
Graduateness and employability: a case of one polytechnic in Zimbabwe
- Authors: Mutirwara, Miriam
- Date: 2015
- Subjects: Occupational training Employees -- Training -- Zimbabwe College graduates -- Employment -- Zimbabwe
- Language: English
- Type: Thesis , Doctoral , PhD (Education)
- Identifier: http://hdl.handle.net/10353/6125 , vital:29493
- Description: The study explored the domains of graduateness and employability at one polytechnic in Zimbabwe. The focus was on how instructional delivery strategies and assessment tools could embed domains of graduateness and employer expectations. A phenomenological research approach was used in conducting the study. This qualitative research paradigm allowed the research to take place in a natural setting which enabled a holistic picture and use of an inductive mode of inquiry through the researcher’s immersion in the research setting. Human capital, teaching methods and flexible training models, among others, emerged as major strengths in training. However, these key strengths were marred by unprofessional practices and limited resources. In assessment, proficiency schedules, trade testing and use of external assessors emerged as key strengths. Pertaining to the curriculum, it emerged that on paper, curriculum specifications and design for implementation appeared relevant to the production of a graduate exhibiting attributes of graduateness. It however emerged that there was need to revisit the hidden curriculum, as training was dependent on the availability of resources. The study proposes a framework for promoting graduateness and enhancing employability through creation of mutual partnerships to collectively develop a curriculum that is acceptable to institutions and industry. Moreover, graduateness domains should be enshrined in the curriculum. A need for strategic selection of teaching and assessment methods which promote critical thinking, interaction, decision making and retention of information was identified. Major recommendations are that institutions should align themselves with market demands and technological changes to ensure employability. Institutions should also prepare graduates for transition to the world of work, by rendering adequate preparation through teaming up with industry and the use of appropriate teaching methodology.
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- Date Issued: 2015
Teacher educators' interpretation and practice of learner-centred pedagogy : a case study
- Authors: Nyambe, Kamwi John
- Date: 2013-07-16
- Subjects: Bernstein, Basil B Education -- Philosophy Education (Higher) -- Namibia Teacher educators -- Namibia -- Case studies Universities and colleges -- Namibia -- Case studies Teachers -- Traning of -- Namibia -- Case studies Teachers -- In-service training -- Namibia Student-centered learning -- Namibia
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:1954 , http://hdl.handle.net/10962/d1008260
- Description: The objective of this study was to understand how teacher educators in a Namibian college of education interpret and practice the learner-centred pedagogy underpinning the Basic Education Teachers Diploma (BETD) program. In order to achieve this objective, a case study approach was adopted, qualitative-interpretive in orientation and drawing upon interviews, naturalistic non-participant observation and document analysis. Bernstein's theory of pedagogy - in particular his notion ofrecontextualization - offered ideas and concepts that were used to generate and analyse data. The data indicated that, at the level of description, teacher educators interpreted leamercentred pedagogy as a pedagogic practice based on weak rules of regulative discourse, or a weak power relation between themselves and their student teachers. The weakening of the rules of regulative discourse and the waning of educator authority were indicated in the interview narratives, which evoked a pedagogic context characterized by a repositioning of the student teacher from the margins to the centre of the classroom, where he or she enjoyed a more active and visible pedagogic position. Contrary to the dis empowering dynamic within classroom practice under the apartheid dispensation, the repositioning of the student teacher suggested a shift of power towards him or her. Similarly, the identification of the teacher educator as afacilitator, which featured prominently in the interview narratives, further suggested a weakening or diminishing of the pedagogic authority of the teacher educator. With regard to rules pertaining to the instructional discourse, the data revealed an interpretation of leamer-centred pedagogy as a pedagogic practice based on strong framing over the selection of discourses, weak framing over pacing, and strong framing over sequencing and criteria for evaluation. When correlated with the interview data, the data generated through lesson observation and teacher educator prepared documents such as lesson plans revealed a disjuncture between teacher educators' ideas about leamer-centred pedagogy and their practice of it. Contrary to the interviews, lesson observation data revealed that teacher educators implemented leamer-centred pedagogy as a pedagogic practice based on strong internal framing over rules of the regulative discourse. Data further indicated strong internal framing over the selection, sequencing, pacing and evaluation. The study concluded that while some teacher educators could produce an accurate interpretation oflearner-centred pedagogy at the level of description, most of them did not do so at the level of practice. Findings revealed structural and personal-psychological factors that constrained teacher educators' recontextualization of the new pedagogy. A narrow understanding of leamercentred pedagogy that concentrated only on changing teacher educators' pedagogical approaches from teacher-centred to learner-centred, while ignoring structural and systematic factors, tended to dominate not only the interview narratives but also official texts. Learner-centred pedagogy was understood as a matter of changing from teachercentredness to leamer-centredness while frame factors, for instance regarding the selection, pacing or sequencing of discourses, still followed the traditional approach. The study recommends the adoption of a systematic and deliberate approach to address the multiplicity of factors involved in enabling teacher educators to interpret and implement leamer-centred pedagogy at the micro-level of their classrooms. , KMBT_363 , Adobe Acrobat 9.54 Paper Capture Plug-in
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Continuous assessment in Oshikwanyama: a case study
- Authors: Nghiueuelekuah, Soini Tuhafeni
- Date: 2009
- Subjects: Educational tests and measurements -- Namibia -- Case studies Kuanyama language -- Namibia -- Case studies Kuanyama language -- Study and teaching -- Namibia -- Case studies Language and education -- Namibia -- Case studies
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1465 , http://hdl.handle.net/10962/d1003346
- Description: This study is about Continuous Assessment (CA) in teaching and learning, a new concept and approach in independent Namibia. The country's education system was reformed shortly after independence in 1990 to fulfill the intention for Education for All. The Namibian education system then moved from a behaviorist to constructivist philosophy of education. The move made from one philosophy to another resulted in many changes in teaching and learning including changes in assessment in education. CA is born out of a constructivist philosophy. It is believed to facilitate learning with understanding. In this study I explored the understanding of Oshikwanyama teachers and their practice of CA in teaching and learning. Interviews, classroom observations and document analysis were used. The research focused on 10 participants in the Ohangwena and Oshana regions. The participants ranged from a Head of Department to members of the curriculum panel, subject advisors and Oshikwanyama subject facilitators as well as teachers at the classroom level. It was revealed that generally speaking, CA as a term is understood, but the practice is not well implemented. In the practice of CA, instead of learners being assessed for further learning, the emphasis is on scored marks without further assistance in learning. Further, the collection of marks during CA is often seen as largely for the purpose of contributing to the marks for summative final marks. Informal assessment which is part of CA was not given attention, which is a key factor preventing the effective use of CA in teaching and learning. Methods such as marking grids that are provided in the syllabus, as well as portfolios and learners' profiles, were not mentioned in the interviews nor observed as being in use. Participants in the study did acknowledge that they did not fully understand how best to implement CA. Overall, the evidence pointed to a conclusion that the identified shortcomings in the implementation of formative assessment is limiting the realization of the rich potential for CA as a day-to-day tool to facilitate learning for understanding in the observed classes.
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- Date Issued: 2009
An action learning based reflection on participative drama as a tool for transformation of identity in the spirals programme
- Authors: Edlmann, Tessa Margaret
- Date: 2007
- Subjects: Spirals Trust (South Africa) , Drama in education -- South Africa -- Grahamstown , Participatory theater -- South Africa -- Grahamstown , Active learning
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2159 , http://hdl.handle.net/10962/d1008202
- Description: This thesis is a reflection on both the conceptual frameworks and the personal narratives that have shaped the development of the Spirals Programme. The Programme is a participatory drama and creative arts based initiative established in 2000 in Grahamstown, South Africa, to explore issues of identity in the emerging democratic context of South African society - and support both personal and contextual processes of transformation. Working within a poststructuralist and social constructionist paradigm, Spirals works with groups and communities to facilitate and enable experiential links between the drama based and performative nature of identity construction - and the possibilities for transformation and healing provided by participative drama methodologies. The structure of the thesis follows the principles of the Freirian based Action Learning praxis within which Spirals works. It begins with an account of the contextual dynamics and events that gave rise to the development of the Programme, followed by a reflection on the conceptual frameworks regarding both identity construction and participative drama methodologies that informed Spirals' development. These paradigms are then analysed in relation to the articulated experiences of three workshop participants using critical discourse analysis. The thesis concludes with an assessment of the issues emerging from this analysis - the aspects of the Programme that need to be strengthened and sustained, those that need to be changed and possible new strategies that could be developed. , Also known as: Edlmann, Theresa
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- Date Issued: 2007
Ecological interaction between the introduced and native rock-dwelling cichlid fishes of Lake Malawi National Park, Malawi
- Authors: Munthali, Simon Muchina
- Date: 1997
- Subjects: Cichlids -- Nyasa, Lake
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:5266 , http://hdl.handle.net/10962/d1005110
- Description: More than twenty years ago, over twenty species of the rock-dwelling cichlid species (Mbuna) were translocated from the northern Lake Malawi, where they are endemic, to Thumbi West Island, Lake Malawi National Park, in the southern part of Lake Malawi. Among these species, Cynotilapia afra, Pseudotropheus callainos and Pseudotropheus tropheops 'red cheek' are strongly territorial, and have increased substantially in number and are widely distributed, particularly in the three to seven metre depth band of the rocky habitats at the Island of Thumbi West. It is feared that the increase in population density of translocated species (hereafter referred to as introduced species) may be at the expense of ecologically equivalent native species which could be eliminated. In this thesis the following key hypotheses have been tested: (i) that the introduced species having originated from a region of Lake Malawi which is generally poor in nutrients and introduced in an area which is richer in nutrients, would cope better than the native species during periods of nutrient scarcity which occur frequently, often seasonally in oligotrophic lakes, such as Lake Malawi; (ii) that the introduced species are fitter than their ecologically equivalent native species in the acquisition of territorial space in which they breed, feed and seek shelter, and (iii) that introduced and native species coexist by utilizing different microhabitats. Results show that: 1. the introduced species, P. callainos and P. tropheops 'red cheek' may have responded positively to enhanced nutrient availability, as they were found to have better condition factors and fecundity indices at Thumbi West Island than at sites of their origin, in the northern lake Malawi. Cynotilapia afra, P. callainos and P. tropheops 'red cheek' also maximise their life-span fecundity by starting to reproduce at relatively smaller size than the native species with which they overlap in microhabitat requirements. Similarly, their breeding peaks precede the breeding peaks of the native species with which they overlap in microhabitat requirements. Consequently, due to priority residence effects, the offspring of introduced species may have a competitive edge in the use of essential resources, e.g., refuge over the offspring of the native species whose peak-recruitment occurs later in the year. 2. There is an overlap between the introduced and native species in their microhabitat requirements. Consequently, interference competition between them for territorial sites occurs. The choice of optimal territory sites is constrained by the fact that females preferentially mate with males that defend significantly smaller holes, or crevices among the rocks, probably as a means of minimizing egg predation during spawning. 3. The population of territorial males of introduced species seems to grow exponentially, depending on the availability of suitable microhabitats, and an equilibrium between them and males of the native species may be reached. Competition for optimal territory sites seems to intensify, once the carrying capacity in a particular area has been reached, and it is at this stage that some territorial males of the introduced and native species with similar microhabitat requirements, e.g., C. afra and P. zebra, or P. tropheops 'red cheek' and its sibling native species, P. tropheops 'orange chest' displace each other. However, it seems unlikely that any of the native species which were compared with the introduced species would be driven to extinction because: (a) there is a considerable interspecific territory turn-over between the introduced and native species that overlap in microhabitat requirements. (b) Even in situations where some of the native species occur in microhabitats that are not of their preference, they occupy patches of suitable sites and are capable of breeding. (c) It has been suggested that since introduced and native species breed throughout the year and are polygamous and have intraspecifically shared paternity, they are capable of fertilizing many gravid females of their own species. Therefore, the population of native species may not be detrimentally limited by the presence of introduced species. (d) The introduced and native Mbuna species that prefer small rocks coexist in the same microhabitats, partly by feeding at different sites with different intensity and they also feed at different heights in the water column. 4. The following studies have been recommended before any management intervention, such as culling is adopted: (i). interaction between the introduced and native species in the shallow and deep rocky habitats; (ii) space utilization and survivorship of juveniles of the introduced and native species; (iii) laboratory studies to confirm the role of different nutrient regimes on the fecundity of Mbuna; (iv) the possibility of hybridization between the introduced and native species; (v) monitoring of population growth and distribution of the introduced species around Thumbi West Island should continue in order to detect their long-term effects on the native species.
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- Date Issued: 1997
An investigation into twentieth century flute trios with special reference to representative works by Goossens, Sil'vansky, Raphael, Damase, Marx and Crumb
- Authors: Heunis, Daniela
- Date: 1994
- Subjects: Goossens, Eugene, 1893-1962 Silʹvanskíí, Nikolǎi Iosifovich, 1915-1985 Raphael, Günter, 1903-1960 Damase, Jean-Michel, 1928- Crumb, George Woodwind trios (Flutes (3))
- Language: English
- Type: Thesis , Masters , MMus
- Identifier: vital:2641 , http://hdl.handle.net/10962/d1002306
- Description: This thesis ventures into the world of twentieth century chamber music, specifically the trios written for flute, cello and piano. The first chapter discusses the history of the trio, tracing its development from the trio sonata of the Baroque Period to the accompanied sonatas and specifically the sonatas with flute and cello obbligato. Following the unpopularity of the genre throughout the Romantic period, its greater prominence in the Twentieth century is discussed, mentioning specific groups through whom the repertoire has been extended. Forty trios are grouped according to compositional styles. Six trios, each representing an example of a specific style period, have been selected for more detailed discussion, with particular reference to the various ways in which a sense of unity is achieved in each trio. The English composer Eugene Goossens uses impressionistic images, whole tone and chromatic scale patterns and other motifs to unify his trio: "Five Impressions of a Holiday". Nikolay Iosifovich Sil'vansky's "The Hedgehog and the Nightingale" is based on a Russian tale by Juri Jarmicha and uses a narrator. The three characters are represented by specific motivic and / or thematic material which is used throughout the trio. Günter Raphael's Trio-Suite op 44 is the only cyclic work unifying the two outer movements, without repeating any additional motivic material. Jean-Michel Damase condenses some of the material introduced in the opening Prelude in both the two Largo's and the two Arias in his "Sonate en Concert" of 1950. Karl Julius Marx builds his entire "Trio op 61" on a flexible six-note motif. Various movements in the trio" Vox Ba1aenae" by the American George Crumb are 1inked through the use of motives and characteristic instrumental colour. A comprehensive list of 180 twentieth century trios has been compiled, including details of dedications, commissions and first performances. 163 composers from twenty countries, are represented.
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- Date Issued: 1994