The role and impact of trade unions on service delivery in Lukhanji Municipality (Eastern Cape)
- Authors: Brown, Gregory Simon
- Date: 2013
- Subjects: Municipal services , Labor unions , Service industries workers -- Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26537 , vital:65578
- Description: The role and impact of trade unions on service delivery is such a pertinent question to research given the times our young democracy goes through. This was an inevitable piece of study to undertake especially from the point of view to examine which form and philosophy of unionism suits the public sector best. The wildcat strikes and unprotected industrial action that grip municipalities at 10 o’clock early in the day needs deeper thinking and new ground-breaking solutions. Very fundamental questions have to be examined to determine the extent of control SAMWU as a union have over the strategic management environment of the local sphere of state. Lukhanji municipality, given its strategic location happened to host many regional offices of all COSATU affiliated unions happens to be an inconvenient choice of the nucleus of radical trade unionism in Queenstown fall victim and the study examines that. Subsequently to that the municipality fell victim to rigid and radical forms of trade union operations that has strangled it to the point of it losing its character and role of a developmentalist institution in the communities it served. The study also highlights the severe service delivery backlogs in both former Transkei Ezibeleni and Ciskei Whittlesea and how transformation and integration of these two areas have been neglected as shown by the socio-economic profile. The study in the last Chapter makes particular recommendations on how the Strategic Management environment and corporate principles should be prioritised for Performance Management to be introduced and routinely implemented. , Thesis (MPA) -- Faculty of Management and Commerce, 2013
- Full Text:
- Date Issued: 2013
- Authors: Brown, Gregory Simon
- Date: 2013
- Subjects: Municipal services , Labor unions , Service industries workers -- Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26537 , vital:65578
- Description: The role and impact of trade unions on service delivery is such a pertinent question to research given the times our young democracy goes through. This was an inevitable piece of study to undertake especially from the point of view to examine which form and philosophy of unionism suits the public sector best. The wildcat strikes and unprotected industrial action that grip municipalities at 10 o’clock early in the day needs deeper thinking and new ground-breaking solutions. Very fundamental questions have to be examined to determine the extent of control SAMWU as a union have over the strategic management environment of the local sphere of state. Lukhanji municipality, given its strategic location happened to host many regional offices of all COSATU affiliated unions happens to be an inconvenient choice of the nucleus of radical trade unionism in Queenstown fall victim and the study examines that. Subsequently to that the municipality fell victim to rigid and radical forms of trade union operations that has strangled it to the point of it losing its character and role of a developmentalist institution in the communities it served. The study also highlights the severe service delivery backlogs in both former Transkei Ezibeleni and Ciskei Whittlesea and how transformation and integration of these two areas have been neglected as shown by the socio-economic profile. The study in the last Chapter makes particular recommendations on how the Strategic Management environment and corporate principles should be prioritised for Performance Management to be introduced and routinely implemented. , Thesis (MPA) -- Faculty of Management and Commerce, 2013
- Full Text:
- Date Issued: 2013
The role of agricultural cooperatives in developing previously disadvantaged black rural communities in the Eastern Cape province since 2005 : the case study of Cannon Farm in Queenstown
- Tshunungwa, Bongiwe Gcotyelwa
- Authors: Tshunungwa, Bongiwe Gcotyelwa
- Date: 2013
- Subjects: Rural development -- South Africa -- Queenstown , Agriculture, Cooperative -- South Africa -- Queenstown
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9214 , http://hdl.handle.net/10948/d1020795
- Description: The purpose of this study is to investigate the role played by agricultural cooperatives in developing the rural areas of the Eastern Cape Province. It also looks at the contributions by Government in promoting the establishment and the success of these cooperatives. The focus area was Cannon Farm in the Chris Hani District Municipality, where most of the people live below the poverty line, but have started agricultural cooperatives with the aim of eradicating poverty and developing their communities. The data for this research was gathered through group discussions and face-to-face interviews which were guided by a questionnaire. A document analysis was also conducted to fulfill all the research objectives. It has been found that agricultural cooperatives, as compared to any other type of cooperatives, are a major tool to eradicate poverty and bring economic development to rural communities. This is made possible not only by the full commitment and determination of cooperative members, but also by government which has also committed itself to providing a supportive legal environment for cooperatives (Cooperative Act No. 14 of 2005). The findings also show that, due to the challenges they are currently facing, agricultural cooperatives in the Eastern Cape Province have not yet reached their full potential. Therefore, it has been recommended that, such challenges need to be urgently addressed. As the United Nations (2001) highlights, agricultural cooperatives present themselves as an important element that can contribute to the realization of the Millennium Development Goals by 2015.
- Full Text:
- Date Issued: 2013
- Authors: Tshunungwa, Bongiwe Gcotyelwa
- Date: 2013
- Subjects: Rural development -- South Africa -- Queenstown , Agriculture, Cooperative -- South Africa -- Queenstown
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9214 , http://hdl.handle.net/10948/d1020795
- Description: The purpose of this study is to investigate the role played by agricultural cooperatives in developing the rural areas of the Eastern Cape Province. It also looks at the contributions by Government in promoting the establishment and the success of these cooperatives. The focus area was Cannon Farm in the Chris Hani District Municipality, where most of the people live below the poverty line, but have started agricultural cooperatives with the aim of eradicating poverty and developing their communities. The data for this research was gathered through group discussions and face-to-face interviews which were guided by a questionnaire. A document analysis was also conducted to fulfill all the research objectives. It has been found that agricultural cooperatives, as compared to any other type of cooperatives, are a major tool to eradicate poverty and bring economic development to rural communities. This is made possible not only by the full commitment and determination of cooperative members, but also by government which has also committed itself to providing a supportive legal environment for cooperatives (Cooperative Act No. 14 of 2005). The findings also show that, due to the challenges they are currently facing, agricultural cooperatives in the Eastern Cape Province have not yet reached their full potential. Therefore, it has been recommended that, such challenges need to be urgently addressed. As the United Nations (2001) highlights, agricultural cooperatives present themselves as an important element that can contribute to the realization of the Millennium Development Goals by 2015.
- Full Text:
- Date Issued: 2013
The role of agriculture in the Ncora area
- Authors: Mkwela, Gcobani
- Date: 2013
- Subjects: Agriculture -- Economic aspects -- South Africa -- Ncora , Agricultural development projects -- South Africa -- Ncora , Economic development
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9240 , http://hdl.handle.net/10948/d1021107
- Description: Despite 19 years of democracy and public action by civil society, policy makers continue to neglect the role of agriculture in improving the quality of life in rural areas such as Ncora in the Eastern Cape. The communities in the Ncora area still experience poverty despite the fact people receive state grants. Agriculture is declining in this area without basic infrastructure. The study argues that communities in the Ncora area need assistance from government in order to increase agricultural activities. These activities are an important route through which these communities can reduce poverty. The primary objective of this study was to obtain a better understanding of the role of agriculture in reducing poverty in the Ncora rural areas. The conditions necessary to sustain agriculture in the rural areas were identified. This was mainly done to help alleviate the plight of rural areas in the Ncora area and to improve the quality of life of the rural population. The study was based on three research objectives. The first objective was to investigate the constraints to agricultural production in Ncora. The second objective was to ascertain what has been done by the Eastern Cape government in increasing agricultural activities. The third objective was to investigate the contribution of agriculture in reducing poverty in Ncora. The main finding in terms of the first research objective is that constraints to agricultural production in Ncora are structural constraints. These include inadequate infrastructure such as poor roads, lack of transport and equipment, lack of farming skills, poor quality seed, no access to markets, inadequate and unaffordable services. In terms of the second research objective, the main finding is that the government has encouraged investment in infrastructure using labour-intensive methods will eliminate service backlogs in underserviced areas such as Ncora. Secondly, it has encouraged the revival of irrigation schemes such as the Ncora irrigation scheme and is investing in human capital through the empowerment of people in order to improve the quality of life of the Ncora community. Empowerment involves skills and training, education and access to basic services, expertise regarding credit, land and the growing of vegetables. The development of human capital is an important determinant of the pace of economic development. Human, social, natural, financial and physical capital are essential elements of reducing poverty. In fact, the Ncora community has lobbied Intsika Yethu Municipality for community development Community development through education and community participation in development programmes. Efforts have to be made to increase the skills that will enable them to complete development projects. These include technical skills in areas such as vegetable and crop production during the year. A key component of the success of development projects is to involve communities in the planning and decision-making processes. Community development is linked to empowerment, in other words, empowered people are able to contribute to the development of their community because they have knowledge of the economic, social and political goals of development. Therefore, empowerment enables people to participate in and have an influence on the decisions that affect their lives. The main finding in terms of the third research objective is that people in the Ncora community are using their own labour to improve food production to reduce poverty. The Ncora community has been shown when and how to make, grow and plant seeds, and look after the vegetables of their choice. The community of Ncora has learnt about cropping practices that are appropriate to their situation. The intention is to sell vegetables and crops to local communities and markets in order to generate income. The community has to do it for themselves or else they will wait forever.
- Full Text:
- Date Issued: 2013
- Authors: Mkwela, Gcobani
- Date: 2013
- Subjects: Agriculture -- Economic aspects -- South Africa -- Ncora , Agricultural development projects -- South Africa -- Ncora , Economic development
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9240 , http://hdl.handle.net/10948/d1021107
- Description: Despite 19 years of democracy and public action by civil society, policy makers continue to neglect the role of agriculture in improving the quality of life in rural areas such as Ncora in the Eastern Cape. The communities in the Ncora area still experience poverty despite the fact people receive state grants. Agriculture is declining in this area without basic infrastructure. The study argues that communities in the Ncora area need assistance from government in order to increase agricultural activities. These activities are an important route through which these communities can reduce poverty. The primary objective of this study was to obtain a better understanding of the role of agriculture in reducing poverty in the Ncora rural areas. The conditions necessary to sustain agriculture in the rural areas were identified. This was mainly done to help alleviate the plight of rural areas in the Ncora area and to improve the quality of life of the rural population. The study was based on three research objectives. The first objective was to investigate the constraints to agricultural production in Ncora. The second objective was to ascertain what has been done by the Eastern Cape government in increasing agricultural activities. The third objective was to investigate the contribution of agriculture in reducing poverty in Ncora. The main finding in terms of the first research objective is that constraints to agricultural production in Ncora are structural constraints. These include inadequate infrastructure such as poor roads, lack of transport and equipment, lack of farming skills, poor quality seed, no access to markets, inadequate and unaffordable services. In terms of the second research objective, the main finding is that the government has encouraged investment in infrastructure using labour-intensive methods will eliminate service backlogs in underserviced areas such as Ncora. Secondly, it has encouraged the revival of irrigation schemes such as the Ncora irrigation scheme and is investing in human capital through the empowerment of people in order to improve the quality of life of the Ncora community. Empowerment involves skills and training, education and access to basic services, expertise regarding credit, land and the growing of vegetables. The development of human capital is an important determinant of the pace of economic development. Human, social, natural, financial and physical capital are essential elements of reducing poverty. In fact, the Ncora community has lobbied Intsika Yethu Municipality for community development Community development through education and community participation in development programmes. Efforts have to be made to increase the skills that will enable them to complete development projects. These include technical skills in areas such as vegetable and crop production during the year. A key component of the success of development projects is to involve communities in the planning and decision-making processes. Community development is linked to empowerment, in other words, empowered people are able to contribute to the development of their community because they have knowledge of the economic, social and political goals of development. Therefore, empowerment enables people to participate in and have an influence on the decisions that affect their lives. The main finding in terms of the third research objective is that people in the Ncora community are using their own labour to improve food production to reduce poverty. The Ncora community has been shown when and how to make, grow and plant seeds, and look after the vegetables of their choice. The community of Ncora has learnt about cropping practices that are appropriate to their situation. The intention is to sell vegetables and crops to local communities and markets in order to generate income. The community has to do it for themselves or else they will wait forever.
- Full Text:
- Date Issued: 2013
The role of agriculture towards poverty alleviation in poor households in Zimbabwe: the case of Harare Province
- Authors: Ncube, Silobukhosi Princess
- Date: 2013
- Subjects: Agricultural development projects , Poverty -- Zimbabwe -- Harare , Poor -- Zimbabwe -- Harare
- Language: English
- Type: Thesis , Masters , M Soc.Sc (Developmental Studies)
- Identifier: http://hdl.handle.net/10353/3099 , vital:28261
- Description: The aim of the study was to investigate the role played by urban agriculture (UA) in alleviating poverty in poor and low income households of Harare. It further examined the factors that confront the practice. The study was conducted after a realisation that despite not receiving much support from city by- laws, poor and low income households of Harare continue to engage in agricultural activities yearly. The desk research method was used to acquire information from a vast of secondary data sources. The secondary sources which were qualitative in nature provided the research with broad literature on urban agriculture and poverty in Harare, Zimbabwe and the world at large. However, a case study research design was employed whereby an in-depth analysis of the topic focused on poor and low income farmers of Harare Province. Literature reviewed and analysed was organised into themes and categories that portrayed urban agriculture as a crucial tool for alleviating poverty. It was also viewed as a tool that can be used as a sustainable livelihood. Despite other factors affecting the performance of urban farmers, lack of clear policies and city by- laws that guide agriculture in the study area proved to be a huge hindrance. Therefore, to achieve sustainable livelihoods and reduce poverty, the research suggested that instead of different pieces of city by- laws governing the practice in Harare and Zimbabwe there is need for one clear urban agriculture policy. It was concluded that the government and city authorities remain the key to unlocking UA‟s full potential by providing formal support to the practice by organising formulation of an inclusive urban agriculture policy that will be understood by every citizen.
- Full Text:
- Date Issued: 2013
- Authors: Ncube, Silobukhosi Princess
- Date: 2013
- Subjects: Agricultural development projects , Poverty -- Zimbabwe -- Harare , Poor -- Zimbabwe -- Harare
- Language: English
- Type: Thesis , Masters , M Soc.Sc (Developmental Studies)
- Identifier: http://hdl.handle.net/10353/3099 , vital:28261
- Description: The aim of the study was to investigate the role played by urban agriculture (UA) in alleviating poverty in poor and low income households of Harare. It further examined the factors that confront the practice. The study was conducted after a realisation that despite not receiving much support from city by- laws, poor and low income households of Harare continue to engage in agricultural activities yearly. The desk research method was used to acquire information from a vast of secondary data sources. The secondary sources which were qualitative in nature provided the research with broad literature on urban agriculture and poverty in Harare, Zimbabwe and the world at large. However, a case study research design was employed whereby an in-depth analysis of the topic focused on poor and low income farmers of Harare Province. Literature reviewed and analysed was organised into themes and categories that portrayed urban agriculture as a crucial tool for alleviating poverty. It was also viewed as a tool that can be used as a sustainable livelihood. Despite other factors affecting the performance of urban farmers, lack of clear policies and city by- laws that guide agriculture in the study area proved to be a huge hindrance. Therefore, to achieve sustainable livelihoods and reduce poverty, the research suggested that instead of different pieces of city by- laws governing the practice in Harare and Zimbabwe there is need for one clear urban agriculture policy. It was concluded that the government and city authorities remain the key to unlocking UA‟s full potential by providing formal support to the practice by organising formulation of an inclusive urban agriculture policy that will be understood by every citizen.
- Full Text:
- Date Issued: 2013
The role of conflict management in maintenance of discipline : the case of Kenya's public secondary schools
- Authors: Kibui, Agnes Wanja
- Date: 2013
- Subjects: School discipline -- Kenya , Discipline of children -- Kenya
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:16151 , http://hdl.handle.net/10948/d1020074
- Description: This study set out to establish the role of conflict Management in Maintenance of Discipline in Kenya’s Public Secondary Schools. The study formulated 6 objectives as follows: examine the nature of Conflict experienced in Public Secondary Schools in Kenya; establish how teachers and students perceive conflict in secondary schools; determine how teachers and students experience conflict in Secondary Schools; investigate the effectiveness of conflict Management Programmes used in Secondary Schools; discover suitable conflict management programmes to address present and future conflict in secondary schools; generate findings based on a theoretical approach for understanding and managing conflict in secondary schools with particular reference to schools in Kenya. The research was conducted in the form of a descriptive survey design with a mixed methods approach which combined qualitative research design and quantitative research technique. A sample of 649 Students, 16 secondary school head teachers, and 16 secondary school guidance and counseling officers from 4 provinces in Kenya was used to obtain data for the study. Random and purposive sampling techniques were used. Data was collected using questionnaires and structured interviews. Descriptive statistics such as mean, percentages, standard deviation, and frequencies was used to discuss the research findings. The study also used inferential statistics, particularly chi-square to test the significant statistical differences on the nature of conflict in schools, how students and teachers experience and perceive conflict in different categories of schools. From the findings, students witness conflict in form of theft, 51.7%, bullying, 29 percent, rumours and fights. Results from males and females indicate that drugs are abused in secondary schools (males (26.8%) and females (13.6 percent). All the respondents revealed that students take drugs to please their peers, and to release stress, and for adventure. On the effectiveness of conflict management programmes, a majority of students accept punishment when they break the school rules (80.0%) as they feel that punishments improve their behaviour. Most of the teachers had not had proper training in conflict management and some of them do not understand the role of peer mediation as they lack such programmes in their schools. The study concluded that failure to train teachers in conflict management skills, and to involve students in decision making causes conflict in schools. The study recommended that life skills, and peace keeping lessons should be taught in schools. In addition, head teachers and teachers should go for a refresher course in conflict management. Also, the study recommends that a comparative study should be done in a wider scope in secondary schools that experience conflict and those that do not, so as to get an insight of the suitable strategies needed to manage conflict in schools.
- Full Text:
- Date Issued: 2013
- Authors: Kibui, Agnes Wanja
- Date: 2013
- Subjects: School discipline -- Kenya , Discipline of children -- Kenya
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:16151 , http://hdl.handle.net/10948/d1020074
- Description: This study set out to establish the role of conflict Management in Maintenance of Discipline in Kenya’s Public Secondary Schools. The study formulated 6 objectives as follows: examine the nature of Conflict experienced in Public Secondary Schools in Kenya; establish how teachers and students perceive conflict in secondary schools; determine how teachers and students experience conflict in Secondary Schools; investigate the effectiveness of conflict Management Programmes used in Secondary Schools; discover suitable conflict management programmes to address present and future conflict in secondary schools; generate findings based on a theoretical approach for understanding and managing conflict in secondary schools with particular reference to schools in Kenya. The research was conducted in the form of a descriptive survey design with a mixed methods approach which combined qualitative research design and quantitative research technique. A sample of 649 Students, 16 secondary school head teachers, and 16 secondary school guidance and counseling officers from 4 provinces in Kenya was used to obtain data for the study. Random and purposive sampling techniques were used. Data was collected using questionnaires and structured interviews. Descriptive statistics such as mean, percentages, standard deviation, and frequencies was used to discuss the research findings. The study also used inferential statistics, particularly chi-square to test the significant statistical differences on the nature of conflict in schools, how students and teachers experience and perceive conflict in different categories of schools. From the findings, students witness conflict in form of theft, 51.7%, bullying, 29 percent, rumours and fights. Results from males and females indicate that drugs are abused in secondary schools (males (26.8%) and females (13.6 percent). All the respondents revealed that students take drugs to please their peers, and to release stress, and for adventure. On the effectiveness of conflict management programmes, a majority of students accept punishment when they break the school rules (80.0%) as they feel that punishments improve their behaviour. Most of the teachers had not had proper training in conflict management and some of them do not understand the role of peer mediation as they lack such programmes in their schools. The study concluded that failure to train teachers in conflict management skills, and to involve students in decision making causes conflict in schools. The study recommended that life skills, and peace keeping lessons should be taught in schools. In addition, head teachers and teachers should go for a refresher course in conflict management. Also, the study recommends that a comparative study should be done in a wider scope in secondary schools that experience conflict and those that do not, so as to get an insight of the suitable strategies needed to manage conflict in schools.
- Full Text:
- Date Issued: 2013
The role of financial regulators in the Kenyan economy
- Authors: Khakali, Linda Anyoso
- Date: 2013
- Subjects: Financial services industry -- Law and legislation Financial institutions -- Law and legislation Financial services industry -- Law and legislation -- Kenya
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/11114 , vital:26886
- Description: Financial regulation is a subject that is more often than not regarded as distant and yet another level of bureaucracy that has to be endured by both the public and private sectors. The significance of creating and maintaining an efficient and effective system to regulate financial markets, financial institutions and financial service providers is a salient feature in the development of a country’s economic health. The recent global economic crises of 2007/2008 and the economic hurdles accompanying those events are perhaps the most dramatic instances of how necessary the implementation of efficient and effective financial regulation is. The international financial system has experienced a retinue of changes in the last two decades. One of the main challenges of financial regulators has been to keep abreast of as well as adapt to these changes, which are of an international nature. In a majority of countries, the financial sector is one of the most intensely regulated and supervised industries. Over a period of time, it has become evident that regulatory arrangements have a formidable impact on: i. The size, structure and efficiency of a financial system; ii. The business operations of financial institutions and markets; iii. Competitive conditions both overall and between sub-sectors of the system. The impact of regulation can either be stagnant or progressive; this depends on how the objectives of regulation are defined and how efficiently regulatory arrangements are related to their objectives. The issue at hand is to engage regulatory institutions, structures and mechanisms for supervision and enforcement need to be implemented because they are pertinent to the formal regulatory requirements in the overall regulatory regime. Effective financial regulation would be unable to exert its objectives in the absence of efficient supervision and enforcement. In numerous countries the institutional structure of regulation has experienced change or is in the process of change. Different models of institutional structure are availed such as the single/consolidated model, the twin-peak model and the multiple regulator model. For example, the United Kingdom has embraced the single/consolidated regulator model while Australia has employed the twin-peak regulator model. Kenya operates on the multiple regulator model. This report addresses the role of financial regulators in the Kenyan economy. The objectives of the research are to: Provide comprehensive information about the theory and practice of financial regulation; Identify the financial regulators in Kenya and define their roles; Address the issue of multiple regulators and the duplicity of roles; Discuss international trends in regulation and examine different regulatory regimes; Consider the viability of a single/consolidated regulatory regime in Kenya; Suggest a possible future regulatory regime for Kenya and identify the key issues associated with such a regime; Suggest areas for further investigation and research.The approach of this report will constitute the following: Chapter 1 discusses the rationale for the research, objectives, scope and scale of the research, preliminary literature review and the research methods to be employed. Chapter 2 focuses on financial regulatory systems in general as well as an extensive analysis of financial regulators in Kenya. Chapter 3 combines the research methods employed and also contains a comparative analysis of the regulatory regime. Chapter 4 examines the findings of the research, the lessons learnt and the regulatory responses. Chapter 5 includes recommendations towards improvement of regulatory systems and an executive summary of outstanding policy issues and priorities in Kenyan financial regulation.
- Full Text:
- Date Issued: 2013
- Authors: Khakali, Linda Anyoso
- Date: 2013
- Subjects: Financial services industry -- Law and legislation Financial institutions -- Law and legislation Financial services industry -- Law and legislation -- Kenya
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/11114 , vital:26886
- Description: Financial regulation is a subject that is more often than not regarded as distant and yet another level of bureaucracy that has to be endured by both the public and private sectors. The significance of creating and maintaining an efficient and effective system to regulate financial markets, financial institutions and financial service providers is a salient feature in the development of a country’s economic health. The recent global economic crises of 2007/2008 and the economic hurdles accompanying those events are perhaps the most dramatic instances of how necessary the implementation of efficient and effective financial regulation is. The international financial system has experienced a retinue of changes in the last two decades. One of the main challenges of financial regulators has been to keep abreast of as well as adapt to these changes, which are of an international nature. In a majority of countries, the financial sector is one of the most intensely regulated and supervised industries. Over a period of time, it has become evident that regulatory arrangements have a formidable impact on: i. The size, structure and efficiency of a financial system; ii. The business operations of financial institutions and markets; iii. Competitive conditions both overall and between sub-sectors of the system. The impact of regulation can either be stagnant or progressive; this depends on how the objectives of regulation are defined and how efficiently regulatory arrangements are related to their objectives. The issue at hand is to engage regulatory institutions, structures and mechanisms for supervision and enforcement need to be implemented because they are pertinent to the formal regulatory requirements in the overall regulatory regime. Effective financial regulation would be unable to exert its objectives in the absence of efficient supervision and enforcement. In numerous countries the institutional structure of regulation has experienced change or is in the process of change. Different models of institutional structure are availed such as the single/consolidated model, the twin-peak model and the multiple regulator model. For example, the United Kingdom has embraced the single/consolidated regulator model while Australia has employed the twin-peak regulator model. Kenya operates on the multiple regulator model. This report addresses the role of financial regulators in the Kenyan economy. The objectives of the research are to: Provide comprehensive information about the theory and practice of financial regulation; Identify the financial regulators in Kenya and define their roles; Address the issue of multiple regulators and the duplicity of roles; Discuss international trends in regulation and examine different regulatory regimes; Consider the viability of a single/consolidated regulatory regime in Kenya; Suggest a possible future regulatory regime for Kenya and identify the key issues associated with such a regime; Suggest areas for further investigation and research.The approach of this report will constitute the following: Chapter 1 discusses the rationale for the research, objectives, scope and scale of the research, preliminary literature review and the research methods to be employed. Chapter 2 focuses on financial regulatory systems in general as well as an extensive analysis of financial regulators in Kenya. Chapter 3 combines the research methods employed and also contains a comparative analysis of the regulatory regime. Chapter 4 examines the findings of the research, the lessons learnt and the regulatory responses. Chapter 5 includes recommendations towards improvement of regulatory systems and an executive summary of outstanding policy issues and priorities in Kenyan financial regulation.
- Full Text:
- Date Issued: 2013
The role of middle managers in creating a motivating climate
- Authors: Wahl, Craig Paul
- Date: 2013
- Subjects: Employee motivation , Motivation (Psychology) , Middle managers , Executives -- Attitudes
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:9409 , http://hdl.handle.net/10948/d1019979
- Description: Middle managers are important role players in organisations today. They are the link between the executive and the employees of organisations. Managers must ensure that the employees under their supervision fulfil their duties and responsibilities in the execution of their tasks, in order that the organisation achieves the strategic goals as set by the executive. For employees to perform at their peak and to ensure continual motivation, employees should find themselves in a motivated work environment. Managers are key to establishing this motivating climate; however they are only able to do this if they have sufficient authority to motivate their subordinates. Managers must not only have the authority, but they must also have the leadership skills and capacity to motivate. The question which forms the base of this research is whether managers are authorised and equipped to motivate their subordinates. The research topic fell within the quantitative paradigm with data being collected through the use of a questionnaire, which was distributed via electronic means to a sample of the population. The sample was selected using a non-random sampling method. The results were analysed and interpreted to ascertain if they aligned with the theory. The Respondents confirmed that motivation is deemed important which is the responsibility of managers to motivate their subordinates. The organisations in which the managers work should enable them to reward and recognise the employees. It was clear that the authority to reward and recognise is still limited in organisations, which creates substantial complications for managers who are not able to utilise all the tools of motivation which is needed for subordinates to achieve their full potential. Recommendations were submitted that organisations should consider effectively empowering and up-skilling their managers on all the tools of motivation and techniques on how to enhance their emotional intelligence to better understand and motivate their subordinates.
- Full Text:
- Date Issued: 2013
- Authors: Wahl, Craig Paul
- Date: 2013
- Subjects: Employee motivation , Motivation (Psychology) , Middle managers , Executives -- Attitudes
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:9409 , http://hdl.handle.net/10948/d1019979
- Description: Middle managers are important role players in organisations today. They are the link between the executive and the employees of organisations. Managers must ensure that the employees under their supervision fulfil their duties and responsibilities in the execution of their tasks, in order that the organisation achieves the strategic goals as set by the executive. For employees to perform at their peak and to ensure continual motivation, employees should find themselves in a motivated work environment. Managers are key to establishing this motivating climate; however they are only able to do this if they have sufficient authority to motivate their subordinates. Managers must not only have the authority, but they must also have the leadership skills and capacity to motivate. The question which forms the base of this research is whether managers are authorised and equipped to motivate their subordinates. The research topic fell within the quantitative paradigm with data being collected through the use of a questionnaire, which was distributed via electronic means to a sample of the population. The sample was selected using a non-random sampling method. The results were analysed and interpreted to ascertain if they aligned with the theory. The Respondents confirmed that motivation is deemed important which is the responsibility of managers to motivate their subordinates. The organisations in which the managers work should enable them to reward and recognise the employees. It was clear that the authority to reward and recognise is still limited in organisations, which creates substantial complications for managers who are not able to utilise all the tools of motivation which is needed for subordinates to achieve their full potential. Recommendations were submitted that organisations should consider effectively empowering and up-skilling their managers on all the tools of motivation and techniques on how to enhance their emotional intelligence to better understand and motivate their subordinates.
- Full Text:
- Date Issued: 2013
The role of Mnquma Local Municipality in poverty alleviation in Mbiza administrative area
- Authors: Stofile, Siyanda Colman
- Date: 2013
- Subjects: Poverty -- Economic aspects -- South Africa -- Eastern Cape , Community development -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9216 , http://hdl.handle.net/10948/d1020802
- Description: The central objective of the research study was to evaluate the role of Mnquma Local Municipality in poverty alleviation in Mbiza Administrative Area. The key debates after apartheid have been on the successes and shortcomings of the social and economic policies that were adopted. The ANC-led government decided to approach poverty reduction by closing the inequality gap between racial groups in South Africa. It planned to provide services that would improve the lives of the poor and also create employment to sustain development. To provide the necessary services, the Government formulated two broad, but linked macroeconomic policies namely: the RDP and GEAR. This indicated the importance with which the people’s welfare and growth are regarded by the South African government. This guided research report attempted to investigate and analyse the role played by Mnquma Local Municipality to alleviate poverty in the Mbiza Administrative Area. This report shows that poverty is still extreme. The Municipality has achieved limited success in alleviating poverty and prioritising skills development among the community. This research demonstrates the IDP and its mechanism process in trying to address poverty alleviation in the Municipality’s geographical area of responsibility. This report also reveals that much has to be done to improve the effectiveness of the IDP in enhancing and fulfilling its intended goals and objectives.
- Full Text:
- Date Issued: 2013
- Authors: Stofile, Siyanda Colman
- Date: 2013
- Subjects: Poverty -- Economic aspects -- South Africa -- Eastern Cape , Community development -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9216 , http://hdl.handle.net/10948/d1020802
- Description: The central objective of the research study was to evaluate the role of Mnquma Local Municipality in poverty alleviation in Mbiza Administrative Area. The key debates after apartheid have been on the successes and shortcomings of the social and economic policies that were adopted. The ANC-led government decided to approach poverty reduction by closing the inequality gap between racial groups in South Africa. It planned to provide services that would improve the lives of the poor and also create employment to sustain development. To provide the necessary services, the Government formulated two broad, but linked macroeconomic policies namely: the RDP and GEAR. This indicated the importance with which the people’s welfare and growth are regarded by the South African government. This guided research report attempted to investigate and analyse the role played by Mnquma Local Municipality to alleviate poverty in the Mbiza Administrative Area. This report shows that poverty is still extreme. The Municipality has achieved limited success in alleviating poverty and prioritising skills development among the community. This research demonstrates the IDP and its mechanism process in trying to address poverty alleviation in the Municipality’s geographical area of responsibility. This report also reveals that much has to be done to improve the effectiveness of the IDP in enhancing and fulfilling its intended goals and objectives.
- Full Text:
- Date Issued: 2013
The role of Nelson Mandela Bay Municipality in the upkeep and management of open spaces in Zwide Township
- Authors: Zonke, Gcobani
- Date: 2013
- Subjects: Refuse and refuse disposal -- Law and legislation -- South Africa , Waste minimization -- Law and legislation -- South Africa -- Nelson Mandela Bay , Municipal services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9135 , http://hdl.handle.net/10948/d1018657
- Description: This paper is an investigation into the role of the Nelson Mandela Bay Metropolitan Municipality (NMBMM) in the up-keep and management of open spaces, in Zwide Township. The study examines the manner in which the legislative framework for waste management is being implemented as prescribed in legislative directives. The Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996), envisions the transformation of the local government system. Subsequently, policy frameworks and principles have been developed to support the new vision of local government. The Batho Pele Principles and the white paper were passed in March 1998. Both documents spelt out the implementation of the principle and the framework in which the local government system should operate as set out in the developmental local government concept. The developmental local government system’s core ethos lies in working with local citizenry to find ways of meeting their needs, thereby improving their quality of life. It also makes provision for public participation. Ward councillors and ward committees are an indispensable backbone of community participation. It is assumed in this study that a number of environmental, social, economic and health challenges are associated with waste disposal in open spaces. Such hazards range from health risks to the abuse of open spaces by antisocial individuals and groups. The situation is exacerbated by poor implementation of constitutional and legislative directives regarding waste management and disposal to ensure a humane and environmentally friendly atmosphere. The research assumes that the problem cannot be overcome by the NMBMM alone. Well-orchestrated community awareness education programmes such as projects like “trash is cash “and innovative ways of managing waste, including waste recycling, need to be drawn upon. The strategic placement of waste stations and the timeous collection of waste could improve the situation. The observation is that the level of service delivery varies within residential areas and in socioeconomic strata. The previously disadvantaged areas seem to have borne the brunt in terms of poor waste management services until now. The municipality has been accustomed to a situation whereby it removes the waste on an ad hoc basis in selected areas in the townships. The situation is exacerbated by little foresight into the ever growing population, specifically amongst the lower socioeconomic sector of the population. As a result, the ecology and environment is impacted in a negative way. Amidst the challenges of dumping in open spaces, a sense of determination appears within the community to want to prevent the situation; to illustrate: There is an organized group of youths who have cleaned up open spaces at along Qeqe Street in Zwide. They developed a car wash bay as a venture to generate an income. The Green Township Movement is another scheme which is mobilising the community, street by street, to keep their neighbourhood environmentally clean and green. Potentially, the Waste Management Directorate could collaborate with these groupings to halt waste dumping in open spaces. In so doing they could contribute to establishing an environmentally friendly neighbourhood. The NMBMM needs therefore to take advantage of the situation and reengineer its waste management strategy, policies and directives and augment the initiatives that the community have taken upon themselves. The study will endeavour to ultimately advise on viable strategies in an attempt to unravel barriers that have been identified, while simultaneously addressing the challenges to improving the quality of life in the township. This will be done by analysing a legislative framework and thereafter replicating the best practice used locally, nationally and internationally.. It also seeks to associate with individuals within local government in addition to groups that are like minded in combating the concern. The existing environmental regulations and the present economic situation are sound starting points. Together they present an opportunity to change the prevailing attitudes towards recycling. Finally, a number of conclusions that were arrived at during the study will be followed by recommendations. These will be based on the literature review and observations.
- Full Text:
- Date Issued: 2013
- Authors: Zonke, Gcobani
- Date: 2013
- Subjects: Refuse and refuse disposal -- Law and legislation -- South Africa , Waste minimization -- Law and legislation -- South Africa -- Nelson Mandela Bay , Municipal services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9135 , http://hdl.handle.net/10948/d1018657
- Description: This paper is an investigation into the role of the Nelson Mandela Bay Metropolitan Municipality (NMBMM) in the up-keep and management of open spaces, in Zwide Township. The study examines the manner in which the legislative framework for waste management is being implemented as prescribed in legislative directives. The Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996), envisions the transformation of the local government system. Subsequently, policy frameworks and principles have been developed to support the new vision of local government. The Batho Pele Principles and the white paper were passed in March 1998. Both documents spelt out the implementation of the principle and the framework in which the local government system should operate as set out in the developmental local government concept. The developmental local government system’s core ethos lies in working with local citizenry to find ways of meeting their needs, thereby improving their quality of life. It also makes provision for public participation. Ward councillors and ward committees are an indispensable backbone of community participation. It is assumed in this study that a number of environmental, social, economic and health challenges are associated with waste disposal in open spaces. Such hazards range from health risks to the abuse of open spaces by antisocial individuals and groups. The situation is exacerbated by poor implementation of constitutional and legislative directives regarding waste management and disposal to ensure a humane and environmentally friendly atmosphere. The research assumes that the problem cannot be overcome by the NMBMM alone. Well-orchestrated community awareness education programmes such as projects like “trash is cash “and innovative ways of managing waste, including waste recycling, need to be drawn upon. The strategic placement of waste stations and the timeous collection of waste could improve the situation. The observation is that the level of service delivery varies within residential areas and in socioeconomic strata. The previously disadvantaged areas seem to have borne the brunt in terms of poor waste management services until now. The municipality has been accustomed to a situation whereby it removes the waste on an ad hoc basis in selected areas in the townships. The situation is exacerbated by little foresight into the ever growing population, specifically amongst the lower socioeconomic sector of the population. As a result, the ecology and environment is impacted in a negative way. Amidst the challenges of dumping in open spaces, a sense of determination appears within the community to want to prevent the situation; to illustrate: There is an organized group of youths who have cleaned up open spaces at along Qeqe Street in Zwide. They developed a car wash bay as a venture to generate an income. The Green Township Movement is another scheme which is mobilising the community, street by street, to keep their neighbourhood environmentally clean and green. Potentially, the Waste Management Directorate could collaborate with these groupings to halt waste dumping in open spaces. In so doing they could contribute to establishing an environmentally friendly neighbourhood. The NMBMM needs therefore to take advantage of the situation and reengineer its waste management strategy, policies and directives and augment the initiatives that the community have taken upon themselves. The study will endeavour to ultimately advise on viable strategies in an attempt to unravel barriers that have been identified, while simultaneously addressing the challenges to improving the quality of life in the township. This will be done by analysing a legislative framework and thereafter replicating the best practice used locally, nationally and internationally.. It also seeks to associate with individuals within local government in addition to groups that are like minded in combating the concern. The existing environmental regulations and the present economic situation are sound starting points. Together they present an opportunity to change the prevailing attitudes towards recycling. Finally, a number of conclusions that were arrived at during the study will be followed by recommendations. These will be based on the literature review and observations.
- Full Text:
- Date Issued: 2013
The role of public opinion in the post-violent protest recovery in the Merafong Local Municipality, township of Khutsong
- Ngada, Simphiwe Leon Hopewell
- Authors: Ngada, Simphiwe Leon Hopewell
- Date: 2013
- Subjects: Political participation -- South Africa , Municipal government -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8352 , http://hdl.handle.net/10948/d1020890
- Description: In order to eradicate the legacy of the past, the South African democratic government adopted a developmental approach to local government. The White Paper on Local Government (WPLG) (1998:17) defines developmental government as government committed to working with citizens and groups within the community to find sustainable ways of meeting their social, economic and material needs and of improving their quality of life. A developmental approach aims at enhancing the skills and capacity of community members by promoting their own development process (Theron, 2005a: 120). South Africa made provision for an Act of Parliament to authorise the establishment of a cross-boundary municipality. The Municipal Demarcation Board, after initial research, noted that there are a number of areas in South Africa where large tracts of land, including a number of different communities and settlements, straddle provincial boundaries. A cross-boundary municipality refers to a situation where parts of a local municipality are located within the borders of two different provinces. For example, in the case of Merafong, the smaller part in the south was located in North West Province and the larger part in the east was located in Gauteng Province. This in effect meant that the governance of these municipalities was a shared political and fiscal responsibility of two different provinces. The aim of the study was to determine the impact of public opinions on post-violent protest recovery processes in the Merafong Local Municipality. Both qualitative and quantitative approach was followed that included a review of documents from public administration and conflict theories literature; discourse analysis of interviews with municipal officials and councillors, and community members. The document review included a review of municipal documents that incorporated demarcation or describe development and use of public participation. It also included the legal frameworks and statutory requirements for community/citizen participation. The key findings of the study indicated contrasting views between the community and the municipality perspectives in particular with regard to the role of the community during the prioritisation of needs and the decision-making processes. The researcher concluded that in order for community participation to have maximum impact, local government is obliged to create an enabling environment for participation which includes amongst others addressing the institutional obstacles and the capacity gaps within the community. The researcher finally recommended that these roles be implemented, evaluated and integrated in the current performance management system of Merafong Local Municipality.
- Full Text:
- Date Issued: 2013
- Authors: Ngada, Simphiwe Leon Hopewell
- Date: 2013
- Subjects: Political participation -- South Africa , Municipal government -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8352 , http://hdl.handle.net/10948/d1020890
- Description: In order to eradicate the legacy of the past, the South African democratic government adopted a developmental approach to local government. The White Paper on Local Government (WPLG) (1998:17) defines developmental government as government committed to working with citizens and groups within the community to find sustainable ways of meeting their social, economic and material needs and of improving their quality of life. A developmental approach aims at enhancing the skills and capacity of community members by promoting their own development process (Theron, 2005a: 120). South Africa made provision for an Act of Parliament to authorise the establishment of a cross-boundary municipality. The Municipal Demarcation Board, after initial research, noted that there are a number of areas in South Africa where large tracts of land, including a number of different communities and settlements, straddle provincial boundaries. A cross-boundary municipality refers to a situation where parts of a local municipality are located within the borders of two different provinces. For example, in the case of Merafong, the smaller part in the south was located in North West Province and the larger part in the east was located in Gauteng Province. This in effect meant that the governance of these municipalities was a shared political and fiscal responsibility of two different provinces. The aim of the study was to determine the impact of public opinions on post-violent protest recovery processes in the Merafong Local Municipality. Both qualitative and quantitative approach was followed that included a review of documents from public administration and conflict theories literature; discourse analysis of interviews with municipal officials and councillors, and community members. The document review included a review of municipal documents that incorporated demarcation or describe development and use of public participation. It also included the legal frameworks and statutory requirements for community/citizen participation. The key findings of the study indicated contrasting views between the community and the municipality perspectives in particular with regard to the role of the community during the prioritisation of needs and the decision-making processes. The researcher concluded that in order for community participation to have maximum impact, local government is obliged to create an enabling environment for participation which includes amongst others addressing the institutional obstacles and the capacity gaps within the community. The researcher finally recommended that these roles be implemented, evaluated and integrated in the current performance management system of Merafong Local Municipality.
- Full Text:
- Date Issued: 2013
The role of public participation in building a people centered public service: the case of the King Sabatha Dalindyebo Municipality (KSDM) integrated development planning process (Eastern Cape)
- Authors: Ngcukayitobi, Lulama
- Date: 2013
- Subjects: Political participation -- South Africa -- Eastern Cape , Civil service -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Human services -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Eastern Cape -- South Africa -- Economic policy , Eastern Cape -- South Africa -- Social conditions , Eastern Cape -- South Africa -- Economic conditions
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:11674 , http://hdl.handle.net/10353/d1007123 , Political participation -- South Africa -- Eastern Cape , Civil service -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Human services -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Eastern Cape -- South Africa -- Economic policy , Eastern Cape -- South Africa -- Social conditions , Eastern Cape -- South Africa -- Economic conditions
- Description: This chapter focuses on the literature relevant to the study and more significantly on the issues that are pertinent to the critical questions and the objectives of this research. The chapter will provide definitions of community participation and their intricate relationship with the Integrated Development Planning as a strategic framework for development within the King Sabatha Dalindyebo Municipality. In this context the chapter presents a review of literature dealing with the theoretical arguments surrounding public participation. Hart (1998:13) views literature review as the selection of available documents - both published and unpublished - on the topic, which contains information, ideas, data and evidence written from a particular standpoint to fulfill certain aims This chapter is divided into two main review sections. The first section reviews the relevant policy, legislation and guidelines in which public participation and the IDP process is located in South Africa. The second section focuses on the literature and theories of public participation and the IDP process as it is applied in South Africa.
- Full Text:
- Date Issued: 2013
- Authors: Ngcukayitobi, Lulama
- Date: 2013
- Subjects: Political participation -- South Africa -- Eastern Cape , Civil service -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Human services -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Eastern Cape -- South Africa -- Economic policy , Eastern Cape -- South Africa -- Social conditions , Eastern Cape -- South Africa -- Economic conditions
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:11674 , http://hdl.handle.net/10353/d1007123 , Political participation -- South Africa -- Eastern Cape , Civil service -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Human services -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Eastern Cape -- South Africa -- Economic policy , Eastern Cape -- South Africa -- Social conditions , Eastern Cape -- South Africa -- Economic conditions
- Description: This chapter focuses on the literature relevant to the study and more significantly on the issues that are pertinent to the critical questions and the objectives of this research. The chapter will provide definitions of community participation and their intricate relationship with the Integrated Development Planning as a strategic framework for development within the King Sabatha Dalindyebo Municipality. In this context the chapter presents a review of literature dealing with the theoretical arguments surrounding public participation. Hart (1998:13) views literature review as the selection of available documents - both published and unpublished - on the topic, which contains information, ideas, data and evidence written from a particular standpoint to fulfill certain aims This chapter is divided into two main review sections. The first section reviews the relevant policy, legislation and guidelines in which public participation and the IDP process is located in South Africa. The second section focuses on the literature and theories of public participation and the IDP process as it is applied in South Africa.
- Full Text:
- Date Issued: 2013
The role of reasonableness in the review of CCMA arbitration awards in South Africa : an English law comparison
- Authors: Botma-Kleu, Carli Helena
- Date: 2013
- Subjects: Arbitration and award -- South Africa , Labor courts -- South Africa , Law -- South Africa -- English influences
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10291 , http://hdl.handle.net/10948/d1020196
- Description: In South Africa, the Labour Courts have experienced an important and continuing controversy regarding the permissible scope of judicial review of arbitration awards of the Commission for Conciliation Mediation and Arbitration (“CCMA”) in terms of section 145 of the Labour Relations Act 66 of 1995 (“LRA”). Section 145(1) of the LRA specifically provides that arbitration awards, generally considered final and binding, can be reviewed and set aside by the Labour Court on the basis of a defect as defined in section 145(2)(a) and (b). These defects are not prescribed in an open-ended manner but limited to decisions involving allegations of misconduct by the commissioner in relation to his or her duties, a gross irregularity in the conduct of the proceedings and/or allegations that the commissioner exceeded his or her powers or that the award was improperly obtained. Unreasonableness and/or irrationality are not included within the scope of a defect as per section 145(2)(a) and (b). Initially, Carephone (Pty) Ltd v Marcus NO & others 1998 11 BLLR 1093 (LAC) found that the interpretation of section 145 was influenced by rational justifiability in accordance with the right to just administrative action as provided for in section 33, read with item 23(2) of Schedule 6, of the Constitution of the Republic of South Africa, 1996 (‘the 1996 Constitution’). Today, leading precedent in the form of Sidumo & another v Rustenburg Platinum Mines Ltd & others 2007 12 BLLR 1097 (CC) dictates that section 145 of the LRA is suffused by reasonableness in accordance with the right to just administrative action as provided for in section 33 of the 1996 Constitution. The ultimate enquiry is whether the arbitration award is one that a reasonable decision-maker could reach as articulated in Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and others 2004 4 SA 490 (CC). However, the enquiry into the reasonableness of a decision is indistinct. As a result, the Labour Courts have struggled to apply the concept of reasonableness in a consistent manner. This thesis seeks to identify the proper role of reasonableness in the judicial review process, including identifying factors that would assist in recognising an unreasonable decision. Relevant principles of judicial review in South Africa in the general administrative law context are considered and distinguished from the process of appeal. An assessment of English case law and commentary in the field of both administrative and employment law is conducted. Finally an extensive examination of South African case law and commentary on the subject, both pre- and post Sidumo, is undertaken. The English law approach is found to provide greater clarity to the interpretation of reasonableness in South African labour law in several respects.
- Full Text:
- Date Issued: 2013
- Authors: Botma-Kleu, Carli Helena
- Date: 2013
- Subjects: Arbitration and award -- South Africa , Labor courts -- South Africa , Law -- South Africa -- English influences
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10291 , http://hdl.handle.net/10948/d1020196
- Description: In South Africa, the Labour Courts have experienced an important and continuing controversy regarding the permissible scope of judicial review of arbitration awards of the Commission for Conciliation Mediation and Arbitration (“CCMA”) in terms of section 145 of the Labour Relations Act 66 of 1995 (“LRA”). Section 145(1) of the LRA specifically provides that arbitration awards, generally considered final and binding, can be reviewed and set aside by the Labour Court on the basis of a defect as defined in section 145(2)(a) and (b). These defects are not prescribed in an open-ended manner but limited to decisions involving allegations of misconduct by the commissioner in relation to his or her duties, a gross irregularity in the conduct of the proceedings and/or allegations that the commissioner exceeded his or her powers or that the award was improperly obtained. Unreasonableness and/or irrationality are not included within the scope of a defect as per section 145(2)(a) and (b). Initially, Carephone (Pty) Ltd v Marcus NO & others 1998 11 BLLR 1093 (LAC) found that the interpretation of section 145 was influenced by rational justifiability in accordance with the right to just administrative action as provided for in section 33, read with item 23(2) of Schedule 6, of the Constitution of the Republic of South Africa, 1996 (‘the 1996 Constitution’). Today, leading precedent in the form of Sidumo & another v Rustenburg Platinum Mines Ltd & others 2007 12 BLLR 1097 (CC) dictates that section 145 of the LRA is suffused by reasonableness in accordance with the right to just administrative action as provided for in section 33 of the 1996 Constitution. The ultimate enquiry is whether the arbitration award is one that a reasonable decision-maker could reach as articulated in Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and others 2004 4 SA 490 (CC). However, the enquiry into the reasonableness of a decision is indistinct. As a result, the Labour Courts have struggled to apply the concept of reasonableness in a consistent manner. This thesis seeks to identify the proper role of reasonableness in the judicial review process, including identifying factors that would assist in recognising an unreasonable decision. Relevant principles of judicial review in South Africa in the general administrative law context are considered and distinguished from the process of appeal. An assessment of English case law and commentary in the field of both administrative and employment law is conducted. Finally an extensive examination of South African case law and commentary on the subject, both pre- and post Sidumo, is undertaken. The English law approach is found to provide greater clarity to the interpretation of reasonableness in South African labour law in several respects.
- Full Text:
- Date Issued: 2013
The role of the sandprawn, Callichirus kraussi, as an ecosystem engineer in a temporarily open/closed Eastern Cape estuary, South Africa
- Authors: Njozela, Cuma
- Date: 2013
- Subjects: Estuarine biology -- South Africa -- Eastern Cape , Decapoda (Crustacea) -- South Africa -- Eastern Cape , Biotic communities -- South Africa -- Eastern Cape , Bioenergetics -- South Africa -- Eastern Cape , Shrimps -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5583 , http://hdl.handle.net/10962/d1001539 , Estuarine biology -- South Africa -- Eastern Cape , Decapoda (Crustacea) -- South Africa -- Eastern Cape , Biotic communities -- South Africa -- Eastern Cape , Bioenergetics -- South Africa -- Eastern Cape , Shrimps -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape
- Description: The role of the sandprawn, Callichirus (=Callianassa) kraussi (Stebbing), as an ecosystem engineer was assessed in the lower reach of the temporarily open/closed Kasouga Estuary situated along the Eastern Cape coastline of southern Africa over the period April 2010 to June 2011. The study comprised two distinct components, a field study and a caging experiment. The field study assessed the correlation between sand prawn densities and selected physico-chemical (organic content of the sediment and bioturbation) and biological (microphytobenthic algal concentrations and macrobenthic abundance and biomass) variables in 50 quadrants in the lower reach of the estuary. Densities of the sand prawn within the quadrants ranged from 0 to 156 ind m⁻² (mean = 37 ind m⁻²). There were no significant correlations between the densities of the sandprawn and the estimates of the organic content of the sediment and the abundance and biomass of the macrofauna (P > 0.05 in all cases). Numerical analyses failed to identify any effect of the sandprawn density on the macrofaunal community structure. The rate of bioturbation was, however, strongly correlated to the sand prawn density. Similarly, the microphytobenthic alga concentrations were significantly negatively correlated to the sand prawn densities ((P < 0.05). The absence of any distinct impact of the sandprawn on the macrobenthic community structure appeared to be related to their low densities in the lower reach of the estuary during the study. To better understand the role of the sandprawn as an ecosystem engineer, a caging experiment was conducted using inclusion and exclusion treatments (n= 5 for each treatment). Densities of the sandprawn in the inclusion treatments (80 ind m⁻²) were in the range of the natural densities within the estuary. The experiment was conducted over a period of 18 weeks in the lower reach of the estuary during summer. The presence of the sandprawn, C kraussi, contributed to a significant decrease in the microphytobenthic algal concentrations and the abundance and biomass of the macrofauna (P < 0.05 in all cases). The decrease in the microphytobenthic algal concentrations in the presence of the sandprawn appeared to be related to the res-suspension of the sediments (bioturbation) generated by the burrowing and feeding activities of the sandprawn. The observed decrease in macrofaunal abundances and biomass in the inclusion treatments appeared to be mediated by both the decreased food availability (mainly the microphytobenthic algae) and the burial of organisms within the sediments. Numerical analysis indicated that the sandprawn did, however, not contribute to a change in the species composition of the macrofauna. Results of the current study indicate that C.kraussi plays an important role in structuring the invertebrate community and energy flow within temporarily/open closed Kasouga Estuary.
- Full Text:
- Date Issued: 2013
- Authors: Njozela, Cuma
- Date: 2013
- Subjects: Estuarine biology -- South Africa -- Eastern Cape , Decapoda (Crustacea) -- South Africa -- Eastern Cape , Biotic communities -- South Africa -- Eastern Cape , Bioenergetics -- South Africa -- Eastern Cape , Shrimps -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5583 , http://hdl.handle.net/10962/d1001539 , Estuarine biology -- South Africa -- Eastern Cape , Decapoda (Crustacea) -- South Africa -- Eastern Cape , Biotic communities -- South Africa -- Eastern Cape , Bioenergetics -- South Africa -- Eastern Cape , Shrimps -- South Africa -- Eastern Cape , Estuarine ecology -- South Africa -- Eastern Cape
- Description: The role of the sandprawn, Callichirus (=Callianassa) kraussi (Stebbing), as an ecosystem engineer was assessed in the lower reach of the temporarily open/closed Kasouga Estuary situated along the Eastern Cape coastline of southern Africa over the period April 2010 to June 2011. The study comprised two distinct components, a field study and a caging experiment. The field study assessed the correlation between sand prawn densities and selected physico-chemical (organic content of the sediment and bioturbation) and biological (microphytobenthic algal concentrations and macrobenthic abundance and biomass) variables in 50 quadrants in the lower reach of the estuary. Densities of the sand prawn within the quadrants ranged from 0 to 156 ind m⁻² (mean = 37 ind m⁻²). There were no significant correlations between the densities of the sandprawn and the estimates of the organic content of the sediment and the abundance and biomass of the macrofauna (P > 0.05 in all cases). Numerical analyses failed to identify any effect of the sandprawn density on the macrofaunal community structure. The rate of bioturbation was, however, strongly correlated to the sand prawn density. Similarly, the microphytobenthic alga concentrations were significantly negatively correlated to the sand prawn densities ((P < 0.05). The absence of any distinct impact of the sandprawn on the macrobenthic community structure appeared to be related to their low densities in the lower reach of the estuary during the study. To better understand the role of the sandprawn as an ecosystem engineer, a caging experiment was conducted using inclusion and exclusion treatments (n= 5 for each treatment). Densities of the sandprawn in the inclusion treatments (80 ind m⁻²) were in the range of the natural densities within the estuary. The experiment was conducted over a period of 18 weeks in the lower reach of the estuary during summer. The presence of the sandprawn, C kraussi, contributed to a significant decrease in the microphytobenthic algal concentrations and the abundance and biomass of the macrofauna (P < 0.05 in all cases). The decrease in the microphytobenthic algal concentrations in the presence of the sandprawn appeared to be related to the res-suspension of the sediments (bioturbation) generated by the burrowing and feeding activities of the sandprawn. The observed decrease in macrofaunal abundances and biomass in the inclusion treatments appeared to be mediated by both the decreased food availability (mainly the microphytobenthic algae) and the burial of organisms within the sediments. Numerical analysis indicated that the sandprawn did, however, not contribute to a change in the species composition of the macrofauna. Results of the current study indicate that C.kraussi plays an important role in structuring the invertebrate community and energy flow within temporarily/open closed Kasouga Estuary.
- Full Text:
- Date Issued: 2013
The role of traditional leaders in enhancing service delivery in Mbhashe Local Municipality
- Authors: Bokwe, Abel Zingisa
- Date: 2013
- Subjects: Tribal government -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Chiefdoms -- Africa, Southern , Municipal services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8262 , http://hdl.handle.net/10948/d1013104
- Description: This study investigates the role of traditional leaders in enhancing service delivery in Mbhashe Local Municipality. The aim is to examine the involvement of traditional leaders in the provision of services to traditional communities. To achieve this goal, it was necessary to review literature on traditional leadership to advance an argument that by utilising the existing channels of communication such as traditional councils, government programmes could be more efficiently advertised. A secondary objective was to examine the relationship between traditional leaders and democratically elected councillors in the delivery of services. The problem in Mbhashe Local Municipality is that traditional leaders and the democratically elected leaders do not work together for service delivery. In order to address this problem, face-to-face interviews were conducted with the identified sample and conclusions drawn from their responses. The research revealed that if properly utilised and capacitated traditional leaders can indeed play a pivotal role in the enhancement of service delivery in Mbhashe Local Municipal area and in South Africa as whole.
- Full Text:
- Date Issued: 2013
- Authors: Bokwe, Abel Zingisa
- Date: 2013
- Subjects: Tribal government -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Chiefdoms -- Africa, Southern , Municipal services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8262 , http://hdl.handle.net/10948/d1013104
- Description: This study investigates the role of traditional leaders in enhancing service delivery in Mbhashe Local Municipality. The aim is to examine the involvement of traditional leaders in the provision of services to traditional communities. To achieve this goal, it was necessary to review literature on traditional leadership to advance an argument that by utilising the existing channels of communication such as traditional councils, government programmes could be more efficiently advertised. A secondary objective was to examine the relationship between traditional leaders and democratically elected councillors in the delivery of services. The problem in Mbhashe Local Municipality is that traditional leaders and the democratically elected leaders do not work together for service delivery. In order to address this problem, face-to-face interviews were conducted with the identified sample and conclusions drawn from their responses. The research revealed that if properly utilised and capacitated traditional leaders can indeed play a pivotal role in the enhancement of service delivery in Mbhashe Local Municipal area and in South Africa as whole.
- Full Text:
- Date Issued: 2013
The role of traditional leadership in service delivery in the Ngqushwa Municipality
- Authors: Noyila, Mxolisi Amos
- Date: 2013
- Subjects: Tribal government -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Municipal services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8340 , http://hdl.handle.net/10948/d1020635
- Description: The study examines challenges that exist in local government in relation to cooperation or working together between traditional leaders and elected councillors. This challenge can be seen mainly in municipalities that include rural areas. The country constantly faces protests by people expressing dissatisfaction with service delivery. This is a cause of concern and raises several questions. Councillors and traditional leaders point fingers at each other. More often than not, councillors as elected leaders exclude traditional leaders in matters of governance. Traditional leaders on the other hand see councillors as people encroaching into their territory. South Africa is characterised by rural areas that operate under Kings and Chiefs who are natural leaders and enjoy authority over the people, their subjects. Historically, traditional leadership was exercised in rural areas. Tribal authorities used to play a role in defining the lives of the people. Their role was very clear. They presided over the majority of cases in their jurisdiction. With changing times, especially during the apartheid era, communities started to mistrust the traditional leaders. There was a stigma attached to traditional leaders; they were seen as puppets of the government. They were used to perpetuate the apartheid government laws and this created a wedge between them and the community at large. When the new dispensation was ushered in, in 1994, hatred and non-acceptance was at a high level. The election and introduction of councillors to some extent undermined the legitimacy of the rule of traditional leaders. They were not recognised, Councillors do not create space for traditional leaders; there is no consultation and therefore no cooperation between councillors and traditional leaders. Some members of traditional leadership became uncomfortable with this situation and started to forge relations with the African National Congress in exile. In 1987, they formed the Congress of Traditional Leaders (CONTRALESA).
- Full Text:
- Date Issued: 2013
- Authors: Noyila, Mxolisi Amos
- Date: 2013
- Subjects: Tribal government -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Municipal services -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8340 , http://hdl.handle.net/10948/d1020635
- Description: The study examines challenges that exist in local government in relation to cooperation or working together between traditional leaders and elected councillors. This challenge can be seen mainly in municipalities that include rural areas. The country constantly faces protests by people expressing dissatisfaction with service delivery. This is a cause of concern and raises several questions. Councillors and traditional leaders point fingers at each other. More often than not, councillors as elected leaders exclude traditional leaders in matters of governance. Traditional leaders on the other hand see councillors as people encroaching into their territory. South Africa is characterised by rural areas that operate under Kings and Chiefs who are natural leaders and enjoy authority over the people, their subjects. Historically, traditional leadership was exercised in rural areas. Tribal authorities used to play a role in defining the lives of the people. Their role was very clear. They presided over the majority of cases in their jurisdiction. With changing times, especially during the apartheid era, communities started to mistrust the traditional leaders. There was a stigma attached to traditional leaders; they were seen as puppets of the government. They were used to perpetuate the apartheid government laws and this created a wedge between them and the community at large. When the new dispensation was ushered in, in 1994, hatred and non-acceptance was at a high level. The election and introduction of councillors to some extent undermined the legitimacy of the rule of traditional leaders. They were not recognised, Councillors do not create space for traditional leaders; there is no consultation and therefore no cooperation between councillors and traditional leaders. Some members of traditional leadership became uncomfortable with this situation and started to forge relations with the African National Congress in exile. In 1987, they formed the Congress of Traditional Leaders (CONTRALESA).
- Full Text:
- Date Issued: 2013
The role of waste management in urban sustainability: case study Bluewater Bay
- Authors: Hartmann, Ntombizanele
- Date: 2013
- Subjects: Refuse and refuse disposal -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9210 , http://hdl.handle.net/10948/d1020771
- Description: The aim of the research was to critically assess and investigate the current solid waste management methods and practices of households and in an urban area in the Nelson Mandela Bay Municipality (NMBM) Bluewater Bay, Port Elizabeth. In order to achieve the research objective, the following sub-research objectives/questions need to be considered: 1. What is the level of awareness and understanding of the waste management principles (avoid, reduce, recycle and dispose) in Bluewater Bay households? 2. How do households handle and manage solid waste in Bluewater Bay? 3. What is the Nelson Mandela Bay Municipality doing to raise awareness regarding waste problems and waste management? 4. What information is disseminated to the public to keep them informed regarding waste management? 5. What incentives and support for the reduction, reuse and recycling of waste does the Nelson Mandela Bay Municipality offer? Fifty households were sampled for the case study and the study employed qualitative research methods consisting of a three-prong approach, the first was the questionnaire for Bluewater Bay residents, the second was semi-structured interviews for relevant Nelson Mandela Bay Municipality officials, and the third was a review of existing national documents pertaining to waste management legislation including national and international literature. The findings of the study show that there is an awareness of waste management principles in the study area and that residents are willing to participate in sustainable waste management activities. Some are already taking part out of their own free will, even though the conditions are not conducive and the environment is not enabling. There is community awareness about waste management principles in the area and a lack of information regarding waste management in general. Residents are willingto avoid, reduce, recycle and dispose of waste sustainably. They find it important but the necessary facilities are not available. The municipality does not provide that in the area. The research also made recommendations in order to realise the implementation of integrated waste management techniques and principles in the area.
- Full Text:
- Date Issued: 2013
- Authors: Hartmann, Ntombizanele
- Date: 2013
- Subjects: Refuse and refuse disposal -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9210 , http://hdl.handle.net/10948/d1020771
- Description: The aim of the research was to critically assess and investigate the current solid waste management methods and practices of households and in an urban area in the Nelson Mandela Bay Municipality (NMBM) Bluewater Bay, Port Elizabeth. In order to achieve the research objective, the following sub-research objectives/questions need to be considered: 1. What is the level of awareness and understanding of the waste management principles (avoid, reduce, recycle and dispose) in Bluewater Bay households? 2. How do households handle and manage solid waste in Bluewater Bay? 3. What is the Nelson Mandela Bay Municipality doing to raise awareness regarding waste problems and waste management? 4. What information is disseminated to the public to keep them informed regarding waste management? 5. What incentives and support for the reduction, reuse and recycling of waste does the Nelson Mandela Bay Municipality offer? Fifty households were sampled for the case study and the study employed qualitative research methods consisting of a three-prong approach, the first was the questionnaire for Bluewater Bay residents, the second was semi-structured interviews for relevant Nelson Mandela Bay Municipality officials, and the third was a review of existing national documents pertaining to waste management legislation including national and international literature. The findings of the study show that there is an awareness of waste management principles in the study area and that residents are willing to participate in sustainable waste management activities. Some are already taking part out of their own free will, even though the conditions are not conducive and the environment is not enabling. There is community awareness about waste management principles in the area and a lack of information regarding waste management in general. Residents are willingto avoid, reduce, recycle and dispose of waste sustainably. They find it important but the necessary facilities are not available. The municipality does not provide that in the area. The research also made recommendations in order to realise the implementation of integrated waste management techniques and principles in the area.
- Full Text:
- Date Issued: 2013
The role of women in develpmental local government: a case study of the Wells Estate area in the Nelson Mandela Bay Municipality
- Authors: Sihlwayi, Nancy Nomadewuka
- Date: 2013
- Subjects: Women in development -- South Africa -- Port Elizabeth , Women government executives -- South Africa -- Port Elizabeth , Women -- Political activity -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:8317 , http://hdl.handle.net/10948/d1020111
- Description: The study investigates the role of women in development which is a favourite topic of the researcher. It investigates some aspects of the process of development involving women. It is obvious that the research was provoked by the legal framework directed at the transformation agenda that represents the democratic process of the country. The role of women, in other sectors, who were excluded from issues of community management, politics and government of the country, became obvious for the researcher due to their strategic role in society which is being undermined. The above view poses the challenge of power-sharing with men. This constituted a huge challenge that emanated from a stereotypical perspective and the fear of the unknown. Considerable pieces of legislation, policies, convention resolutions, conferences and publications became catalysts to intervene in the traditional challenge based on the societal construction. This, to the researcher, presents a clear historical anomaly where government has to address all the streamlining and implementation of policies. There should be sustainability through an Integrated Development Plan. The aim of the historical background of women, as envisaged by the study, is to highlight a contextualised role of women in the development of the transformation process and investigate numerous reasons that impede participation and the readiness of government in addressing these issues. Some questions that the researcher had to as relate to; What the impediments causing non-participation of women are; What elements contribute to the participation of women; What government strategies have unlocked non-participation of women; Why women’s contribution is critical to development; What strategies are deployed by government for women’s involvement? What the socio-economic benefits of participation by women are. It is the researcher’s opinion that the municipality should be complimented on its endeavours. However, they need to establish a strategic programme for empowering women to participate in development as a human rights issue.
- Full Text:
- Date Issued: 2013
- Authors: Sihlwayi, Nancy Nomadewuka
- Date: 2013
- Subjects: Women in development -- South Africa -- Port Elizabeth , Women government executives -- South Africa -- Port Elizabeth , Women -- Political activity -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:8317 , http://hdl.handle.net/10948/d1020111
- Description: The study investigates the role of women in development which is a favourite topic of the researcher. It investigates some aspects of the process of development involving women. It is obvious that the research was provoked by the legal framework directed at the transformation agenda that represents the democratic process of the country. The role of women, in other sectors, who were excluded from issues of community management, politics and government of the country, became obvious for the researcher due to their strategic role in society which is being undermined. The above view poses the challenge of power-sharing with men. This constituted a huge challenge that emanated from a stereotypical perspective and the fear of the unknown. Considerable pieces of legislation, policies, convention resolutions, conferences and publications became catalysts to intervene in the traditional challenge based on the societal construction. This, to the researcher, presents a clear historical anomaly where government has to address all the streamlining and implementation of policies. There should be sustainability through an Integrated Development Plan. The aim of the historical background of women, as envisaged by the study, is to highlight a contextualised role of women in the development of the transformation process and investigate numerous reasons that impede participation and the readiness of government in addressing these issues. Some questions that the researcher had to as relate to; What the impediments causing non-participation of women are; What elements contribute to the participation of women; What government strategies have unlocked non-participation of women; Why women’s contribution is critical to development; What strategies are deployed by government for women’s involvement? What the socio-economic benefits of participation by women are. It is the researcher’s opinion that the municipality should be complimented on its endeavours. However, they need to establish a strategic programme for empowering women to participate in development as a human rights issue.
- Full Text:
- Date Issued: 2013
The Rotterdam Rules : a South African perspective
- Authors: Gordon, Goscelin Lucy
- Date: 2013
- Subjects: Rotterdam Rules (2008) , Contracts, Maritime , Maritime law , Maritime law -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3662 , http://hdl.handle.net/10962/d1001865 , Rotterdam Rules (2008) , Contracts, Maritime , Maritime law , Maritime law -- South Africa
- Description: The objective of this paper is to investigate the Rotterdam Rules, and to ascertain whether South Africa should accede to or ratify them. In order to accomplish this, South Africa's current maritime transport regime will be examined, and existing "problem areas" will be identified. This will be followed by a comparative analysis between the Rotterdam Rules and the Hague-Visby Rules, which South Africa applies as part of national law to regulate the carriage of goods by sea. As a new maritime Convention, the Rotterdam Rules have attracted widespread criticism and support, and whether such is justified will also be considered. Finally potential considerations South Africa should take into account in electing whether or not to accede or ratify the Rules have been assessed from a political, economic, social, technological, legal and environmental standpoint as at 31 December 2011
- Full Text:
- Date Issued: 2013
- Authors: Gordon, Goscelin Lucy
- Date: 2013
- Subjects: Rotterdam Rules (2008) , Contracts, Maritime , Maritime law , Maritime law -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3662 , http://hdl.handle.net/10962/d1001865 , Rotterdam Rules (2008) , Contracts, Maritime , Maritime law , Maritime law -- South Africa
- Description: The objective of this paper is to investigate the Rotterdam Rules, and to ascertain whether South Africa should accede to or ratify them. In order to accomplish this, South Africa's current maritime transport regime will be examined, and existing "problem areas" will be identified. This will be followed by a comparative analysis between the Rotterdam Rules and the Hague-Visby Rules, which South Africa applies as part of national law to regulate the carriage of goods by sea. As a new maritime Convention, the Rotterdam Rules have attracted widespread criticism and support, and whether such is justified will also be considered. Finally potential considerations South Africa should take into account in electing whether or not to accede or ratify the Rules have been assessed from a political, economic, social, technological, legal and environmental standpoint as at 31 December 2011
- Full Text:
- Date Issued: 2013
The Scope and content of the rights to ‘Basic Education’ and its implementation in the Eastern Cape
- Authors: Johannes, Warren Dewald
- Date: 2013
- Subjects: Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/646 , vital:26484 , Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Description: In terms of Section 29 (1) of the Constitution, everyone has the right to basic education. This right is not subject to ‘reasonable legislative and other measures, available resources and progressive realisation.’ The right to basic, compulsory education is widely regarded as a fundamental human right. For example, this right is included in a number of international human rights treaties such as the ‘Universal Declaration of Human Rights’, the ‘International Covenant on Economic, Social and Cultural Rights,’ the ‘African Charter on the Rights and Welfare of the Child’, the ‘Convention on the Rights of the Child’, the ‘Dakar Framework for Action: Education for All’, and ‘UNESCO Convention against Discrimination in Education’. The South African Constitution, however, does not clarify the content and scope of the right to basic education. Consequently, the Constitution has given the state wide discretion to determine the scope, nature and content of this basic right. Apartheid left the South African education system fragmented and unequal. The South African educational system has gone through numerous curricula and institutional changes. The changes in the curriculum were part of the transformation process of the South African education system. In addition, the state has allocated substantial public funds towards basic education. However, the investment in basic education does not commensurate with the quality of teaching and learning in poor and marginalised schools. For example, several rural and farm schools in the Eastern Cape lacked toilet facilities; textbooks and other education support material; furniture; and other essential necessities. Education loses its transformative power when poor and marginalised schools continue to lack these essential services. Consequently, inequality is perpetuated and the poor and marginalised are unable to compete meaningfully in the social, economic and political life of South Africa. The mini dissertation concludes by recommending that the Department of Basic Education should ensure that all schools, especially those in rural communities and farms, have access to textbooks, qualified teachers, clean water and toilet facilities and other essential necessities needed for the delivery of quality basic education.
- Full Text:
- Date Issued: 2013
- Authors: Johannes, Warren Dewald
- Date: 2013
- Subjects: Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/646 , vital:26484 , Rights to education -- Socio-economic rights , Children rights -- Bill of Rights , Inequality and marginalisation , Children’s Rights -- Eastern Cape , Department of Basic Education -- Transformation
- Description: In terms of Section 29 (1) of the Constitution, everyone has the right to basic education. This right is not subject to ‘reasonable legislative and other measures, available resources and progressive realisation.’ The right to basic, compulsory education is widely regarded as a fundamental human right. For example, this right is included in a number of international human rights treaties such as the ‘Universal Declaration of Human Rights’, the ‘International Covenant on Economic, Social and Cultural Rights,’ the ‘African Charter on the Rights and Welfare of the Child’, the ‘Convention on the Rights of the Child’, the ‘Dakar Framework for Action: Education for All’, and ‘UNESCO Convention against Discrimination in Education’. The South African Constitution, however, does not clarify the content and scope of the right to basic education. Consequently, the Constitution has given the state wide discretion to determine the scope, nature and content of this basic right. Apartheid left the South African education system fragmented and unequal. The South African educational system has gone through numerous curricula and institutional changes. The changes in the curriculum were part of the transformation process of the South African education system. In addition, the state has allocated substantial public funds towards basic education. However, the investment in basic education does not commensurate with the quality of teaching and learning in poor and marginalised schools. For example, several rural and farm schools in the Eastern Cape lacked toilet facilities; textbooks and other education support material; furniture; and other essential necessities. Education loses its transformative power when poor and marginalised schools continue to lack these essential services. Consequently, inequality is perpetuated and the poor and marginalised are unable to compete meaningfully in the social, economic and political life of South Africa. The mini dissertation concludes by recommending that the Department of Basic Education should ensure that all schools, especially those in rural communities and farms, have access to textbooks, qualified teachers, clean water and toilet facilities and other essential necessities needed for the delivery of quality basic education.
- Full Text:
- Date Issued: 2013
The screening and characterisation of compounds for modulators of heat shock protein (Hsp90) in a breast cancer cell model
- Authors: Moyo, Buhle
- Date: 2013 , 2013-07-18
- Subjects: Heat shock proteins Breast -- Cancer Breast -- Cancer -- Chemotherapy Breast -- Cancer -- Treatment Cancer cells Naphthoquinone PQQ (Biochemistry)
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:4060 , http://hdl.handle.net/10962/d1004129
- Description: Breast cancer is a leading cause of cancer death in Africa. Hsp90 has been identified as a target for anti-cancer treatments as its inhibition results in the disruption and ubiquitin–proteasome degradation of activated oncoproteins. Currently, there are no US Food and Drug Administration approved Hsp90 inhibitor drugs and existing Hsp90 inhibitors such as geldanamycin and novobiocin are hepatotoxic and display a low affinity for Hsp90, respectively. Therefore, there is a need for the development of Hsp90 inhibitors with improved inhibitory properties. In this study twelve natural compounds bearing a quinone nucleus were screened and characterised for the modulation of Hsp90. The compounds analysed formed three series; the sargaquinoic acid (SQA), naphthoquinone, and pyrroloiminoquinone alkaloid series. Certain compounds exhibited half maximal inhibitory concentrations of between 3.32 μM and 12.4 μM, while others showed no antiproliferative activity at concentrations of up to 500 μM in the MDA-MB-231 breast adenocarcinoma cell line. Immunofluorescence and Western analyses indicated that the modulation of Hsp90 and partner proteins by SQA was more similar to that of novobiocin. Isothermal titration calorimetry analyses suggested that SQA interacted with Hsp90β with a low affinity, and saturation-transfer difference nuclear magnetic resonance confirmed that this interaction with Hsp90β occurred through the methyl moiety bound to 1, 4 benzoquinone of SQA. Pulldown assays indicated SQA disrupted the association between Hsp90 and Hop dose-dependently, more similarly to novobiocin. Immunofluorescence and Western analyses performed on naphthoquinone and pyrroloiminoquinone alkaloid compounds indicated modulation of Hsp90 and Hsp90 partner proteins by the compounds. Naphthoquinone compounds were prioritised for analysis for binding to Hsp90β over the pyrroloiminoquinone alkaloid compounds. Lapachol interacted with Hsp90β with a low affinity however; this interaction was thought to be too weak to disrupt the association of Hsp90 and Hop. The remaining naphthoquinone compounds showed no interaction with Hsp90β, thus allowing the determination of a preliminary structure-activity relationship for these compounds. To the best of our knowledge, this is the first study to describe a systematic subcellular analysis of the effects of geldanamycin and novobiocin in comparison to sargaquinoic acid and compounds of the naphthoquinone and pyrroloquinoline scaffold on Hsp90 and its partner proteins. , Microsoft� Word 2010 , Adobe Acrobat 9.54 Paper Capture Plug-in
- Full Text:
- Date Issued: 2013
- Authors: Moyo, Buhle
- Date: 2013 , 2013-07-18
- Subjects: Heat shock proteins Breast -- Cancer Breast -- Cancer -- Chemotherapy Breast -- Cancer -- Treatment Cancer cells Naphthoquinone PQQ (Biochemistry)
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:4060 , http://hdl.handle.net/10962/d1004129
- Description: Breast cancer is a leading cause of cancer death in Africa. Hsp90 has been identified as a target for anti-cancer treatments as its inhibition results in the disruption and ubiquitin–proteasome degradation of activated oncoproteins. Currently, there are no US Food and Drug Administration approved Hsp90 inhibitor drugs and existing Hsp90 inhibitors such as geldanamycin and novobiocin are hepatotoxic and display a low affinity for Hsp90, respectively. Therefore, there is a need for the development of Hsp90 inhibitors with improved inhibitory properties. In this study twelve natural compounds bearing a quinone nucleus were screened and characterised for the modulation of Hsp90. The compounds analysed formed three series; the sargaquinoic acid (SQA), naphthoquinone, and pyrroloiminoquinone alkaloid series. Certain compounds exhibited half maximal inhibitory concentrations of between 3.32 μM and 12.4 μM, while others showed no antiproliferative activity at concentrations of up to 500 μM in the MDA-MB-231 breast adenocarcinoma cell line. Immunofluorescence and Western analyses indicated that the modulation of Hsp90 and partner proteins by SQA was more similar to that of novobiocin. Isothermal titration calorimetry analyses suggested that SQA interacted with Hsp90β with a low affinity, and saturation-transfer difference nuclear magnetic resonance confirmed that this interaction with Hsp90β occurred through the methyl moiety bound to 1, 4 benzoquinone of SQA. Pulldown assays indicated SQA disrupted the association between Hsp90 and Hop dose-dependently, more similarly to novobiocin. Immunofluorescence and Western analyses performed on naphthoquinone and pyrroloiminoquinone alkaloid compounds indicated modulation of Hsp90 and Hsp90 partner proteins by the compounds. Naphthoquinone compounds were prioritised for analysis for binding to Hsp90β over the pyrroloiminoquinone alkaloid compounds. Lapachol interacted with Hsp90β with a low affinity however; this interaction was thought to be too weak to disrupt the association of Hsp90 and Hop. The remaining naphthoquinone compounds showed no interaction with Hsp90β, thus allowing the determination of a preliminary structure-activity relationship for these compounds. To the best of our knowledge, this is the first study to describe a systematic subcellular analysis of the effects of geldanamycin and novobiocin in comparison to sargaquinoic acid and compounds of the naphthoquinone and pyrroloquinoline scaffold on Hsp90 and its partner proteins. , Microsoft� Word 2010 , Adobe Acrobat 9.54 Paper Capture Plug-in
- Full Text:
- Date Issued: 2013