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Commonplaces

  • Authors: Orsmond, Joseph Granger
  • Date: 2020
  • Subjects: South African fiction (English) -- 21st century
  • Language: English
  • Type: text , Thesis , Masters , MA
  • Identifier: http://hdl.handle.net/10962/144061 , vital:38307
  • Description: My thesis is a collection of short to medium length poems. All of the subject matter is sustained by reflections, anecdotes or stories. The pieces in the collection are concerned with experiences linked to the seemingly ordinary and mundane. In this regard, I am inspired by how Alan Ziegler (in “Tales of Teaching” and Love at First Sight) and Raymond Carver (All of Us: The collected Poems) find stories in subject matter which is so commonplace, that it is often ignored creatively. Likewise, the lyricism and modes of expression of William Carlos Williams, Federico García Lorca and Luis Cernuda have informed how I write and structure my poetry.
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  • Date Issued: 2020

ECOMAG Model: an evaluation for use in South Africa

  • Authors: Mokoena, M P , Kapangaziwiri, E , Kahinda, J M , Hughes, Denis A
  • Date: 2013
  • Subjects: To be catalogued
  • Language: English
  • Type: text , report
  • Identifier: http://hdl.handle.net/10962/438268 , vital:73447 , ISBN 978-1-4312-0408-3 , https://wrcwebsite.azurewebsites.net/wp-content/uploads/mdocs/TT%20555-13.pdf
  • Description: The complexity of current approaches to water resource management poses many challenges. Water managers need to solve a range of interrelated water dilemmas, such as balancing water quantity and quality, flooding, drought, maintaining biodi-versity and ecological functions and the supply of water services to people. It is a sad fact in southern Africa that water availability is highly variable both spatially and temporally with low runoff coefficients of less than 9% conversion of mean annual precipitation (MAP) to mean annual runoff (MAR) known to be prevalent across large parts of the region (FAO, 2003). With predictions of water scarcity conditions, caused by rapid population growth, expanding urbanisation, increased economic development and climate change, (Rosegrant and Perez, 1997), water looks set to become a limiting resource in Southern Africa. The dynamics of demand and supply will have a large impact on the future socio-economic development of the region (Basson et al., 1997).
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  • Date Issued: 2013

Constructive dismissal in labour law

  • Authors: Van Loggerenberg, Johannes Jurgens
  • Date: 2003
  • Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11054 , http://hdl.handle.net/10948/301 , Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
  • Description: The history of constructive dismissals in South Africa imitated from the English law in 1986, when an employee successfully challenged the employer on this particular concept after an incident relating a forced resignation. From the literature it is clear that constructive dismissal, as we know it today, originated from our English counterparts. Being a relatively new concept, the South African labour laws caught on at a rapid pace. The leading case on which the South African authors leaned towards was the English case of Woods v WM Car Services (Peterborough). In South Africa constructive dismissals were given statutory force in unfair dismissal law and is defined as the coerced or forced termination of a contract of employment resultant in from the conduct of the employer. There are many forms in which constructive dismissals would postulate that could justify an employee to lay claim to constructive dismissal. Examples thereof are the amendment of the contract of employment, rude language and sexual harassment. It is eminent that certain elements should be present before an employee would have reasonable prospects of succeeding with such a claim. Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. It appears that the courts have taken a firm stance on coerced or forced resignation, in its various forms tantamount to breach of contact, that any sufficiently unreasonable conduct by an employer may justify that the employee to terminate services and lay claim to the fact that he had been constructively dismissed. It needs to be mentioned that the fact that the mere fact that the employer acted in an unreasonable manner would not suffice and it is up to the employee to prove how the conduct of the employer justified the employee to leave and claim that the employer’s conduct resulted in a material or fundamental beach of the employment contract. In dealing with the contingency of the concept of constructive dismissals it has been expressly provided for in numerous systems of labour law. As is seen herein, a constructive dismissal consists in the termination of the employment contract by reason of the employee’s rather than the employer’s own immediate act. The act of the employee is precipitated by earlier conduct on the part of the employer, which conduct may or may not be justified. Various authors and academics endeavoured to defined constructive dismissal and all had the same or at least some of the elements present, to justify constructive dismissal. The most glaring element being the termination of employment as a result of the any conduct that is tantamount to a breach going to the root of the relationship by the employer, that frustrated the relationship between the employer and the employee and rendered it irreparable. The employee resigns or repudiates the employment contract as a result of the employer normally not leaving the employee any other option but to resign. This can also be termed as coerced or forced resignations and are commonly better known as “constructive dismissal”. The employee is deemed to have been dismissed, even though it is the employee who terminated the employment contract. The most important element to mention is the employee terminated the employment contract, ie resigned yet this is regarded as a dismissal, it is however for the employee to first lay a claim at the proper authority and the employee must prove his / her allegation before it can be a constructive dismissal. As will become clear, that the onus of proof is on the employee to show that the termination of employment resulted from the conduct of the employer. Equally true as in all cases of constructive dismissal, including cases of sexual harassment, being a ground for constructive dismissal, the employee must prove that to remain in service would have been unbearable and intolerable. Sexual harassment is one of the most difficult forms of constructive dismissals, in many cases there are no witnesses and the employee either “suffers in silence or opt to place her dignity at stake to prove her case. It seems as though the test is to determine if the employer’s conduct evinced a deliberate and oppressive intention to have the employment terminated and left the employee with only one option that of resignation to protect her interests. Employees have a right to seek statutory relief and needs to be protected. If a coerced or forced resignation had taken place irrespective whether the employee resigned or not. It is against this back drop that constructive dismissals was given legality and are now recognized as one of the four forms of dismissals in terms of the Act.
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  • Date Issued: 2003

NUM Biennial report - 1991 Seventh national congress

  • Authors: NUM
  • Date: 1991
  • Subjects: NUM
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/149605 , vital:38868
  • Description: Over two years have passed since our last Congress and many developments have taken place in our industry and the country. Most significant of these developments was the release of our Honorory Life President Comrade Nelson Mandela and the other political prisoners together with the unbanning of the the African National Congress and other political parties. These developments are the fruits of our struggle, a struggle so many have sacrificed so much for. These developments are the culmination of our victory over the evil system of apartheid. These developments came about as a result of the sustained assault against the edifice of apartheid mounted by our people and the international community. It is true that the political and social landscape in the country has changed and that new challenges await mineworkers, our union and all the patriotic forces in the struggle to transform our country into a genuine democracy and a prosperous country. The edifice of Aparthied has been under constant siege forcing the government to sytematically dismantle discriminatory legislation. Whilst we have to fully acknowledge that this process is taking place, we will be naive to believe that the institutions, legacy and culture that was fostered over decades will vanish with the removal of apartheid laws. We need to be constantly vigilant against the introduction of neo-apartheid in the place of apartheid. It requires much more than the removal of laws to address the historical inequities of Apartheid and racism that remains deep in the fabric of our social, economic and political life. Through all the developments we are proud to state that mineworkers have not only made their contribution in bringing about the demise of the apartheid system but have made their mark as one of the most militant sectors of the struggling masses. Together with thousands of others we have been able to shift the balance of power near to our goal of a non racial democracy. Our assessment of these developments and what the implications are for the future will be assessed in this report to Congress. As these historic developments have been taking place our industry has been experiencing severe problems with increased job losses and a low gold price. The fight for job security and the restructuring of the mining industry requires immediate attention. Our endeavours over the last two years will be evaluated and some suggestions of a future strategy will be outlined for consideration. Progess and development is often accompanied with setbacks and diversions. It is important that we acknowleges these so that our union can strenghten where it is weak and consolidate where it must. This biennial report examines the socio-economic and socio-political developments in the country and the industry since our last Congress, and assesses the achievements and future possibilities and challenges for the union.
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  • Date Issued: 1991

Work in Progress Issue no.62/63 - Paths to Power, South Africa and Namibia face the future

  • Authors: WIP
  • Date: Dec 1989
  • Subjects: WIP
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/112045 , vital:33541
  • Description: The political map of Southern Africa is being radically redrawn. The most vivid examples of this are the pre- independence elections in Namibia, giving the Namibian people their first opportunity to exercise control over their destiny, and in South Africa the release of the seven jailed ANC leaders by a president whose predecessor swore to let them rot in jail. Even in Angola major shifts are taking place below the surface while the war drags on. Savimbi’s fighters still receive weaponry from their traditional allies, but their Western support is no longer a certainty. Establishment American voices have, for the first time, been raised against his brutal tactics. The East-West, capitalist-communist rivalries that have fostered the 14-year Angolan war are everywhere crumbling. This has been graphically symbolised by the breaching of the Berlin Wall. And as the bricks fall at the Brandenburg Gate, they take with them decades of conventional wisdoms on both sides of the Wall. In Eastern Europe, the idea that socialist economics are an adequate alternative to political democracy has been destroyed, probably permanently. For socialists, the challenge now is to demonstrate that democracy is not, as their foes maintain, the exclusive preserve of capitalist economics. The massive changes in Eastern Europe have not left the West unaffected. And they have for the first time wrought a convergence of United States and Soviet opinion on South Africa that has impacted powerfully on Pretoria. Under FW de Klerk the National Party is now hard at work attempting to restructure both the material conditions under which the process of change takes place and the economics of the society its successors will inherit. Facing a reviving and increasingly confident opposition, the National Party is now led by politicians who recognise that no minority has ever successfully held on to power without facing a revolution. Its attempts at social engineering continue both in the bantustans and in the urban areas, where concessions on group areas serve to reinforce rather than eradicate the physical separation of communities of different races - strengthening De Klerk’s own thrust for a post-apartheid society rooted in'groups' and racial separation. Economically, too, reinforcement of the existing order is underway. Deregulation and privatisation are designed not so much to 'free' the economy, but to weaken the trade union movement in the short term and, in the long term, to entrench capitalist interests so deeply that whoever inherits political power is capable of no more real a transformation than changing the colour of parliament. Nor has De Klerk abandoned his government's traditional policy of divide and rule. Today he is seeking to force a divison between between the military formations of the ANC and what he hopes will become a 'political' ANC, ideally coalesced around the released seven and Nelson Mandela. Within the opposition, however, a significant momentum is developing towards greater rather than lesser unity - both between the ANC and its internal allies and more generally, among the majority of antiapartheid and democratic forces. Despite this, the democratic movement would be foolhardy to ignore the lessons of Namibia. The first of these is that the simple assertion by the popular movements of their representivity is not in itself a guarantee of overwhelming support. Secondly - and this is a message De Klerk’s strategists will have received and understood - that, through the DTA, Pretoria has for the first time succeeded in creating an organisation capable of winning sufficient legitimacy to gain the votes of almost one in three Namibians. * A steady increase in inflation has forced us, reluctantly, to increase the price of WIP - an increase so far limited to subscriptions. Full details are published on the inside back cover of this edition. For this new annual rate, however, subscribers will be getting eight editions rather than the current six - a first step, we hope, to WIP becoming a monthly journal.
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  • Date Issued: Dec 1989

A review of issues related to planning and development in Grahamstown: annotated bibliography

  • Authors: Taylor, Beverley J
  • Date: 1987
  • Subjects: Community development -- South Africa Regional planning -- South Africa -- Grahamstown -- Bibliography Grahamstown (South Africa) -- Economic policy -- Bibliography Grahamstown (South Africa) -- Economic conditions -- Bibliography
  • Language: English
  • Type: Book , Text
  • Identifier: http://hdl.handle.net/10962/1774 , vital:20224 , ISBN 0868101540
  • Description: Towards the end of 1984 the Development Studies Unit (DSU) in the Institute of Social and Economic Research (ISER) at Rhodes University identified a need to undertake an investigation into the status of overall physical and socio-economic planning and development in Grahamstown. The initial intention of such an investigation was to identify, analyse and assess existing research related to the development of Grahamstown in order to provide a benchmark that could reduce the incidence of duplication and overlap in future research projects and to provide a point of departure for the design of more specific and action-oriented research and the formulation of feasible strategies for future development in the City. During the course of comprehensive background investigation and discussions with a wide range of local interest groups, it became clear that the proposed review of issues related to planning and development in Grahamstown would be far more extensive than originally anticipated. In addition, 1985 turned out to be an eventful year and the DSU actively encouraged research by other agencies and individuals into related issues which were deemed to be an integral part of the proposed review. For these reasons, it was decided to publish the preliminary research results in a series of Development Studies Working Papers to provide a focus of attention for particular aspects of the work. This was felt to be in accordance with the intent of the ISER Development Studies Working Paper Series which is to publish the basic results of research undertaken in order to facilitate and encourage its further development into more substantial publications. This has resulted in a series of Working Papers to be published under the general title of "A Review of Issues Related to Planning and Development in Grahamstown". This Working Paper is the fourth in the series and consists of an annotated bibliography of publications dealing with the process of planning and development in Grahamstown. , Digitised by Rhodes University Library on behalf of the Institute of Social and Economic Research (ISER)
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  • Date Issued: 1987

Work in Progress Issue no.29 - Caught in the crossfire

  • Authors: WIP
  • Date: July 1983
  • Subjects: WIP
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/111411 , vital:33449
  • Description: During July 1983? the Ciskei Transport Corporation (CTC) announced that it intended increasing bus fares on certain routes. A committee representing commuters objected to the proposed increases, arguing that commuters could not afford them, given the recent price rise in the cost of basic foodstuffs. The CTC - partly owned by the Ciskei government - dismissed these objections, and the committee duly called a boycott of all buses owned by the company. On 19 July the boycott began. The following day the press reported an 80% drop in the use of CTC buses. From this point on, police, the army, and a private army of vigilantes were used by the Ciskei administration to force commuters to use buses. In the past two months, Ciskeian authorities have indicated their willingness to use any official and unofficial, legal and extra-legal forms of violence to break the boycott. Violence has escalated, and the conflict has now become a test of strength between bantustan rulers and their unwilling subjects. The first concerted attempt to break the boycott was directed at private car owners and taxi drivers. Police established road blocks on routes in and out of Mdantsane. From then on, vigilantes under the control of police harassed car passengers, car drivers and taxi drivers. Police manhandled car passengers, using sjamboks on some occasions. Cars have been confiscated, and passengers forced to alight and return to bus stops. The brunt of the tactics used to break the bus boycott have been borne by train commuters. As with vehicle commuters, the means used to prevent them from catching trains appear to know no bounds. Civilians have been attacked, assaulted and fired on by police and vigilante groups under police control. Residents of Mdantsane put the death toll at over 60. By September, at least 67 people - most of them trade unionists - had been detained under Ciskei security legislation. In addition, over 1 000 commuters have been detained for technical offences such as curfew breaking. In September, the South African Allied Workers' Union was banned by the Sebe administration. On 4 August, the Ciskei's minister of justice declared a state of emergency. No person may be on the streets without permission between 22h00 and 04h00. No more than four people may congregate together in houses or on the streets. There have been numerous reports of assaults and torture of detainees held in the Ciskei, and a number of detainees have been admitted to hospital at various stages of their detention. As disturbing as are the number of people hospitalised are reports of the failure to hospitalise or treat other detainees injured in assaults. This is the context in which SARS, in conjunction with the Development Studies Group, is publishing a detailed report on the Ciskei. Produced by Nicholas Haysom, a research officer at the Centre for Applied Legal Studies, the report covers the political history of the Ciskei, security legislation, torture and repression in the past years, background to the current bus boycott, and methods used by the Ciskei administration to crush the boycott. There is also a section on the current schools boycott in the Ciskei, the involvement of South African security police and firms in the Ciskei crisis, and the response of people resident in the area. Subscribers to SARS publications will receive this report as part of their subscription. Copies will also be available at bookshops stocking Work In Progress, or directly from SARS
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  • Date Issued: July 1983

A socio-economic survey of the Amatola Basin: interim report

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