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The legal framework pertaining to selected segments of the financial market

  • Authors: Swart, Lynette
  • Date: 2011
  • Subjects: Financial institutions -- Law and legislation -- South Africa , Finance, Public -- Law and legislation -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:10216 , http://hdl.handle.net/10948/1425 , Financial institutions -- Law and legislation -- South Africa , Finance, Public -- Law and legislation -- South Africa
  • Description: A sound financial system is the cornerstone of any country‘s economy. As South Africa has always been deemed to have a sound legal framework pertaining to the financial market, it has never faced the situation where it had to extensively review its entire legal framework. However, the recent global economic meltdown left policy makers, internationally, questioning the soundness of their financial systems and South Africa has been no exception. This dissertation provides an overview of the legal framework pertaining to selected segments of the financial market. This legal framework is then tested against certain selected issues highlighted by the global economic meltdown in order to establish whether it was and still is sufficiently robust to effectively negotiate these challenges. In order to deal with the selected segments of the legal framework pertaining to the financial market as comprehensively as possible, the selected segments for the purposes of this dissertation include the capital market, the money market and the derivative market. This dissertation also evaluates the impact of other recent domestic developments pertaining to securities settlement in South Africa. These developments include the recently promulgated Companies Act 71 of 2008 and the currently drafted Participant Failure Manual. This dissertation suggests that the Companies Act 71 of 2008 will have a significant impact on securities settlement. It is recommended that companies, holders of uncertificated securities and holders of beneficial interests in uncertificated securities familiarise themselves with their revised rights and obligations in order to, amongst other things, ensure compliance with this new legislative framework. This dissertation reveals that, even though our financial system has been found to be fundamentally sound and thus far have dealt with the global economic meltdown quite well, legislative reform to conform to international best practice is imperative. It is recommended that policy makers should strive to ensure that the South African legal framework pertaining to the financial market is sufficiently aligned with the principles, methodologies and recommendations as provided for by the international institutions providing best practice. The highlighted areas of legislative reform include the legal frameworks pertaining to credit rating agencies, investor due diligence, ix crisis management tools, compensation structures, accounting and valuations standards, issuer transparency, market transparency and risk management. This dissertation highlights that a significant amount of legislative amendments and endorsements by the relevant regulators and the Master of the Court are required for the successful integration of the Participant Failure Manual into the legal framework pertaining to the financial market. If, when and how the notion of Participant Failure will be accepted and regulated by the relevant regulators, without creating a conflict of interest, remains a question to be answered.
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  • Date Issued: 2011

The lived experience of meaning in life and satisfaction with life among older adults

  • Authors: Cooper, Holly
  • Date: 2011
  • Subjects: Meaning (Psychology) , Satisfaction , Old age , Old age homes
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: http://hdl.handle.net/10948/4398 , vital:20595
  • Description: The purpose of the study was to explore and describe the meaning in life and satisfaction with life of the elderly living in the old age institutions.
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  • Date Issued: 2011

The management of the antecedents of absenteeism at a motor manufacturing company

  • Authors: Mandleni, Oscar
  • Date: 2011
  • Subjects: Absenteeism (Labor) , Motor industry , Production management
  • Language: English
  • Type: Thesis , Masters , MBA
  • Identifier: vital:8755 , http://hdl.handle.net/10948/d1011559 , Absenteeism (Labor) , Motor industry , Production management
  • Description: Absenteeism is a complex set of behaviours masquerading as a unitary phenomenon. Absenteeism is a big problem in the motor manufacturing industry, especially, because of the number of processes that are labour intensive. Absenteeism is a multifaceted problem with many antecedents which make it challenging to resolve or contain. Financial impact is one of the consequences of absenteeism on a business, especially when one thinks that the primary objective of a firm in to make money. Absenteeism defeats these objectives through cost incurred for overtime to catch up production losses. Furthermore, in cases where replacement of personnel is necessary, this may include administrative costs related to the time human resource personnel spend looking for replacement employees or the time production management spends re-assigning employees. Absenteeism results in decreased productivity and may affect the quality of the product due to the increased workload and burden put on employees who are at work. Absenteeism is classified into scheduled and unscheduled absenteeism. Although some absenteeism is avoidable, it is important to understand that some absence is unavoidable. This is because people may fall ill, get injured or have unavoidable obligations which may lead to absenteeism. The purpose of this study was to identify the antecedents of absenteeism, with the assumption that once they are identified, they can be controlled, reduced or eliminated and the absenteeism rate thus reduced. The theoretical study focused on defining absenteeism, ascertaining the impact of absenteeism in the workplace, especially in an international organisation in the motor manufacturing industry and discussing the antecedents of absenteeism and strategies that can be used to manage these antecedents. The empirical study consisted of a survey, with a questionnaire as a data collecting tool. The process used to conduct the survey was to distribute the questionnaire among production employees in three operational units; namely Final Assembly, Paint Shop and Body Shop at a motor manufacturing company. Employees were approached, the purpose of the questionnaire explained and they were asked if they would be willing to complete the questionnaire. Employees who agreed to complete the questionnaire were briefed on the contents of the questionnaire and the completion process. The relationship between biographical variables and absenteeism was discussed. For the purpose of this study the following independent variables were discussed: age, marital status, gender, work area, length of service and number of dependents. The empirical study focused on the antecedents of absenteeism, and specifically job, organisational and personal factors, as well supervisors‟ attempts to manage absenteeism. The respondents indicated that they believed absenteeism was a problem in the study and that people stayed away for reasons other than genuine illness. It was recommended that absenteeism figures, such as the overall Gross Absence Rate (GAR) and Absence Frequency Rate for the organisation, and specific work areas and teams, are regularly communicated to employees and displayed prominently to emphasise the importance of attendance. Some suggestions were that: Supervisors should foster a genuinely respectful relationship between themselves and employees which will results in employees feeling obliged to be at work. The company should introduce a day care or crèche at work to allow female employees to bring their kids to work in the event they are unable to be looked after at home. Alcohol and drug abuse should not be seen as an external problem in the organisation but rather as something an organisation should get involved in to assist employee who might have a problem. The first step was to create a channel where employee can feel free to approach the company if they are in need of help. The study demonstrated that it was important to identify antecedents in order to address the real problems related to absenteeism.
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  • Date Issued: 2011

The medicinal chemistry of cyclo(D-Phe-2Cl-Pro) and cyclo(Phe-4F-Pro)

  • Authors: Ndung'u, Susan Wanjiru
  • Date: 2011
  • Subjects: Peptide drugs , Cyclic peptides , Pharmaceutical chemistry , Peptides -- Synthesis
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: http://hdl.handle.net/10948/7083 , vital:21223
  • Description: Although peptides and proteins are considered as lead compounds for the discovery and development of new therapeutic agents, poor metabolic and physical properties have limited their optimisation as drug candidates (Adessi & Soto, 2002). Research by medicinal chemists however, generated the discovery of structural similarities between some peptides and diketopiperazines and the common occurrence of such compounds in natural products. This discovery initiated the synthesis of diketopiperazines from amino acids in an attempt to bypass the previously mentioned limitations of using peptides as drug candidates (Dinsmore & Beshore, 2002). Diketopiperazines (DKPs) are the simplest form of cyclic dipeptides, and a class of unexplored bioactive peptides that have great potential for the future. The compounds are relatively simple to synthesise and are prevalent in nature (Prasad, 1995). The DKP backbone is rigid and therefore poses conformational constraint on the compounds. This rigidity allows for simple conformational analysis of the compounds and also gives insight into the conformational requirements for interaction with the targets involved in their biological activity. The reduced conformational freedom also increases the receptor specificity and thus the compounds are proposed to have less unfavourable effects (Anteunis, 1978). The aim of the study was to synthesise compounds that would exhibit metabolic stability, receptor specificity and enhanced lipophilicity which would increase the bioavailability of the compounds. This was to be achieved by the introduction of fluorine and chlorine elements into the DKPs. The structure of the DKPs would be altered which in turn would improve the physicochemical properties and the biological activity of the compounds (Naumann, 1999). Cyclo(D-Phe-2Cl-Pro) and cyclo(Phe-4F-Pro) were synthesised using the method of Milne et al. (1992) and by boiling the linear counterparts under reflux in sec-butanol-toluene. The structures of the synthesised DKPs were elucidated using mass spectrometry, nuclear magnetic resonance spectroscopy, infrared spectroscopy and molecular modeling. Qualitative analysis and evaluation of the physicochemical properties of the DKPs were performed using high-performance liquid chromatography, scanning electron microscopy, thermogravimetric analysis, differential scanning calorimetry and x-ray powder diffraction. The study aimed to determine the biological activity of cyclo(D-Phe-2Cl-Pro) and cyclo(Phe-4F-Pro) with respect to their anticancer, antimicrobial, haematological and antidiabetic effects. The anticancer results obtained indicated that the percentage inhibition produced by both DKPs were lower than those proposed by Graz et al. (2000) for proline-containing DKPs where, a greater than 50% inhibition was observed for cyclo(Phe-Pro). Antimicrobial studies revealed that both DKPs demonstrated marginal effects on Gram-positive and Gram-negative organisms but showed significant effects against C. albicans. The haematological studies revealed that cyclo(D-Phe-2Cl-Pro) at a screening concentration of 12.5 mM, significantly decreased the levels of D-dimer (P < 0.0001). The antidiabetics studies showed limited activity of the DKPs in inhibiting the activity of α-glucosidase and α-amylase enzymes.
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  • Date Issued: 2011

The mindful therapist: an interpretive phenomenological analysis of mindfulness meditation and the therapeutic alliance

  • Authors: Gillitt, Tarryn
  • Date: 2011
  • Subjects: Mindfulness-based cognitive therapy Meditation -- Therapeutic use Psychotherapy Counseling psychology
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:2982 , http://hdl.handle.net/10962/d1002491
  • Description: The aim of this study was to present and understand therapists’ experiences of the impact of their mindfulness meditation practice on their role in the therapeutic alliance. The topic emerged in response to extant research recommendations and researcher observations of the compatibility between mindfulness meditation outcomes and the demands on therapists for establishing effective alliances with clients. The study adopted an interpretive phenomenological analysis strategy located within the qualitative paradigm, and thus a small sample of therapists practicing mindfulness meditation were selected and interviewed on their experiences using semi-structured interviewing. Data were analysed for meaning units, which were then interpreted inductively and hermeneutically and categorized into superordinate themes. Three superordinate themes within participants’ experiences of how their mindfulness meditation practice impacts upon their role in the alliance were determined, namely: ‘self-care’; ‘insight into the structure of selfhood’; and ‘immediate mindfulness meditation during therapy’. This study found these experiences capacitated participants with compassionate interpersonal affects used for creating secure bonds with clients; skills for accurate empathic understanding; and skills and attitudes for working collaboratively with clients. Should future research confirm these findings, mindfulness meditation may be used as a tool to developed alliance formation abilities for therapists in training. Importantly, findings from this project called for a more comprehensive integration of theoretical positions on the construct of mindfulness meditation.
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  • Date Issued: 2011

The nexilitas factor: host-guest relationships in small owner managed commercial accommodation facilities in contemporary South Africa

  • Authors: Von Lengeling, Volkher Heinrich Christoph
  • Date: 2011
  • Subjects: Hospitality industry -- South Africa Interpersonal relations Social interaction Liminality Consumer behavior Home-based businesses -- South Africa
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:2093 , http://hdl.handle.net/10962/d1002656
  • Description: The commercialization of hospitality established arguably the oldest profession. Historically small commercial hospitality establishments, known as inns in the western world, were of ill repute. Perhaps connected to their reputation, this category of accommodation facility has been seriously neglected as an area of academic inquiry, particularly from the perspective of the host. While there has been a huge growth in the interdisciplinary field of tourism studies in recent decades, little attention has been paid to the role of the host in the host-guest relationship at whatever level of analysis. This thesis seeks to redress the balance. Hospitality is a basic form of social bonding. This type of bonding, where a hierarchy between strangers is implicit (as with hosts and guests), may be termed ‘nexilitas’; nexilitas is a form of social bonding in liminal circumstances. To that extent it is comparable to ‘communitas’ which describes social bonding between equals in certain liminal circumstances. The difference is that nexilitas is a form of bonding between individuals in a complex power relationship. The host controls the hospitality space, but custom also empowers the guest with certain expectations, especially in the commercial context. The thesis identifies the various forms of hospitality – traditional ‘true’ or ‘pure’ hospitality, social hospitality, cultural hospitality and commercial hospitality – and discusses these critically in their historical and cross-cultural contexts, with emphasis on the perspective of the host. The passage of hospitality is then traced through the three phases of preliminality, liminality and post-liminality and discussed along the themes anticipation, arrival and accommodation and finally departure of the guest. While the historical and ethnographic review is mainly based on written histories and the experiences of other anthropologists as guests as well as ethnographers, the passage of hospitality draws on the multi-sited auto-anthropological experiences of the author, both as host and as ethnographer of contemporary South African hosts in small owner-managed commercial hospitality establishments.
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  • Date Issued: 2011

The next decade of environmental science in South Africa: a horizon scan

  • Authors: Shackleton, Charlie M , Scholes, Robert J , Vogel, Coleen , Wynberg, Rachel , Abrahamse, Tanya , Shackleton, Sheona E , Ellery, William F N , Gambiza, James
  • Date: 2011
  • Language: English
  • Type: text , article
  • Identifier: http://hdl.handle.net/10962/157124 , vital:40088 , https://doi.org/10.1080/03736245.2011.563064
  • Description: Environmental systems are in constant flux, with feedbacks and non-linearities catalysed by natural trends and shocks as well as human actions. This poses challenges for sustainable management to promote human well-being. It requires environmental understanding and application that can accommodate such fluxes and pressures, as well as knowledge production systems and institutions that produce graduates with appropriate skills. In this article we consider these challenges in the South African context. Firstly, we summarise six significant environmental realisations from the last decade of environmental science internationally and question what they mean for the teaching of environmental science and research into environmental systems in South Africa in the near future. We then consider these lessons within the context of a horizon scan of near-term pressing environmental issues in South Africa. These include wateruse efficiency, poverty, food security, inequities in land and resource access, urbanisation, agrochemicals and water quality, promoting human well-being and economic adaptability in the face of climate change, and imbuing stronger environmental elements and stewardship into the integrated development planning processes and outcomes. Lastly, we consider the knowledge areas and skills that environmental graduates will require to be able to confront these problems in South Africa and simultaneously contribute to international debates and understandings around the complexity of environmental systems and how to manage them.
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  • Date Issued: 2011

The obligation of non-discrimination under the General Agreement on Trade in Services (GATS) and the agreement on Trade-related aspects of Intellectual Property Rights (TRIPS): a developmental perspective

  • Authors: Bidie, Simphiwe Sincere
  • Date: 2011
  • Subjects: Food -- Relief -- Law -- Legislation , Food supply -- Law and legislation , Foreign trade regulation
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11113 , http://hdl.handle.net/10353/338 , Food -- Relief -- Law -- Legislation , Food supply -- Law and legislation , Foreign trade regulation
  • Description: The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.
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  • Date Issued: 2011

The origin and development of the Nyl River floodplain wetland, Limpopo Province, South Africa: trunk–tributary river interactions in a dryland setting

  • Authors: McCarthy, T S , Tooth, Stephen , Jacobs, Zenobia , Rowberry, Matthew D , Thompson, Mark , Brandt, Dion , Hancox, P John , Marren, Philip M , Woodborne, Stephan , Ellery, William F N
  • Date: 2011
  • Language: English
  • Type: text , article
  • Identifier: http://hdl.handle.net/10962/144321 , vital:38331 , DOI: 10.1080/03736245.2011.619324
  • Description: The Nyl River floodplain wetland, one of South Africa's largest floodplain wetlands and a Ramsar site of international conservation importance, is located in an area of long-term and still active valley sediment accumulation. Creation of accommodation space for sedimentation has previously been attributed to tectonic controls, but new investigations reveal that a more likely cause is progradation of coarse-grained tributary fans across the narrow river valley downstream of the main area of floodplain wetland. Obstruction of trunk river flow and sediment transfer by these tributary fans has led to backponding and upstream gradient reduction and to accumulation of valley fills up to ∼35 m thick. Chronological control for the timing and rate of sediment accumulation is limited, but we hypothesise that a semi-arid to arid climate, characterised by asynchronous trunk–tributary activity that results in marked discontinuities in downstream water and sediment transfer, is likely to have been a key control. These interpretations are supported by other studies of dryland rivers globally and the findings add to our growing understanding of the controls on the origin and development of southern African wetlands, particularly by demonstrating how the combination of a particular physiography and a dryland climate can impart some distinctive geomorphological characteristics.
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  • Date Issued: 2011

The photodecomposition of different polymorphic forms of 1,4-dihydropyridine channel blockers

  • Authors: Francis, Farzaana
  • Date: 2011
  • Subjects: Photodegradation , Nifedipine , Nimodipine , Dihydropyridine
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:10378 , http://hdl.handle.net/10948/1496 , Photodegradation , Nifedipine , Nimodipine , Dihydropyridine
  • Description: 1,4-Dihydropyridines (DHPs) are a classification of compounds used as calcium channel blockers in the treatment of various conditions. These compounds readily undergo photodegradation. The degradants produced have no pharmaceutical activity and render the drugs ineffective. DHPs also exhibit polymorphism. Nifedipine and Nimodipine are two such drugs. This study aimed to monitor the photodegradation of these two drugs and to establish the effect of particle size, polymorphism and β-Cyclodextrin (β-CD) on the rate of photodegradation. Different polymorphs (namely the amorphous and stable crystalline polymorphs) of the two drugs were prepared for use in the study. Mixtures of each drug with β-CD were also prepared for photostability studies. The mixtures were prepared in a 1:1 molar ratio. The rate of photodegradation was studied with a 500 W metal halide lamp in accordance to ICH guidelines. The study employed samples on a small scale where degradation was analysed with High Performance Liquid Chromatography, and also samples on a larger scale where degradation was monitored with Powder X-ray Diffraction. The two sets of results of observing the degradation process by two analytical techniques where compared in terms of their quantification methods. The extent of photodegradation was suitably modelled and fitted using the Avrami-Erofeyev kinetic equation. Smaller particle size showed increased photodegradation for Nimodipine; the effect was insignificant for Nifedipine however. For both drugs it was found that the amorphous polymorph underwent faster photodegradation. The study showed that β-CD caused an increase in photodegradation for both drugs under these experimental conditions.
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  • Date Issued: 2011

The photophysical properties of low symmetry phthalocyanines in conjunction with quantum dots

  • Authors: D'Souza, Sarah
  • Date: 2011
  • Subjects: Phthalocyanines , Photochemistry , Zinc , Quantum dots , Spectrum analysis , Nanoparticles
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:4331 , http://hdl.handle.net/10962/d1004992 , Phthalocyanines , Photochemistry , Zinc , Quantum dots , Spectrum analysis , Nanoparticles
  • Description: he synthesis, extensive spectroscopic characterization and photophysical studies of low symmetry zinc phthalocyanine have been conducted. Comparisons have been made taking into consideration the influence of the solvent properties as well as substituent type and position. Photosensitizing properties of the zinc phthalocyanine derivatives in the presence of thiol capped CdTe quantum dots (QDs) were compared. The QDs were used as energy transfer donors and to facilitate with energy transfer through Förster resonance energy transfer (FRET) from the QDs to the MPcs. The linkage of unsymmetrically substituted 4-monoaminophenoxy zinc phthalocyanine (ZnAPPc) to CdTe quantum dots capped with mercaptopropionic acid (MPA), L-cysteine (L-cys) or thioglycolic acid (TGA) has been achieved using the coupling agents ethyl-N3 dimethylaminopropyl)carbodiimide (EDC) and N-hydroxy succinimide (NHS), which facilitate formation of an amide bond to form the QD-ZnAPPc-linked complex. The formation of the amide bond was confirmed using UV-Vis, Raman and IR spectroscopies, as well as AFM (atomic force microscopy). Förster resonance energy transfer (FRET) resulted in stimulated emission of ZnAPPc in both the linked (QDZnAPPc-linked) and mixed (QD:ZnAPPc-mixed) conjugates for MPA only. The linked L-cys and TGA complexes (QD-ZnAPPc-linked) gave the largest FRET efficiencies hence showing the advantages of covalent linking. Fluorescence quantum yields of QDs were decreased in QD:ZnAPPc-mixed and QD:ZnAPPc-linked. High triplet state quantum yields were obtained for the linked QD-phthalocyanine derivatives (ZnAPPc)and monoaminozinc phthalocyanine (ZnAPc) compared to when ZnAPPc and ZnAPc were mixed with MPA QDs without a chemical bond.
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  • Date Issued: 2011

The PINIT domain of PIAS3: structure-function analysis of its interaction with STAT3

  • Authors: Mautsa, Nicodemus , Prinsloo, Earl , Tastan Bishop, Özlem , Blatch, Gregory L
  • Date: 2011
  • Language: English
  • Type: text , article
  • Identifier: http://hdl.handle.net/10962/148082 , vital:38708 , DOI: 10.1002/jmr.1111
  • Description: The protein inhibitor of activated signal transducer and activator of transcription 3 (PIAS3) regulates the transcriptional activity of signal transducer and activator of transcription 3 (STAT3) which regulates transcription of genes involved in cell growth, proliferation and apoptosis. The conserved proline, isoleucine, asparagine, isoleucine, threonine (PINIT) domain of PIAS3 is thought to promote STAT3–PIAS3 interaction.
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  • Date Issued: 2011

The possible introduction of advance pricing agreements in South Africa income tax legislation

  • Authors: Malevu, Shimane Mbuyiseni
  • Date: 2011
  • Subjects: Transfer pricing -- Taxation -- South Africa , Price regulation -- South Africa
  • Language: English
  • Type: Thesis , Masters , MCom
  • Identifier: vital:8954 , http://hdl.handle.net/10948/1333 , Transfer pricing -- Taxation -- South Africa , Price regulation -- South Africa
  • Description: This treatise analyses the suitability of the Advance Pricing Agreements (APA) for the South African Transfer Pricing legislation. The transfer pricing legislation places emphasis on the arm's length principle. Determining an arm's length price is problematic and as a result some countries have resorted to APA's to establish an arm's length price up-front, and thus avoid reviews and subsequent audits. The treatise first focuses on the transfer pricing provisions and other relevant applicable sections of the Act from the South African point of view, and it then examines the current status quo, i.e. the review processes used by the South African Revenue Services (SARS) as detailed in the Organisation of Economic Co-operation and Developments (OECD) Guidelines and the SARS Practice Note. Since negotiated tax treaties form part of the South Africa law, the impact of these treaties are discussed in Chapter 4. The treatise discusses in detail an APA from the OECD's point of view. It examines the objectives of an APA; the benefit and the shortcomings of using an APA. It then examines the APA request processes from a Canadian perspective and the administration of the APA from an USA perspective. The treatise examines South African trading partners using APA in transfer pricing matters, with reference to the effects and the challenges such countries face. The treatise concludes by looking at the benefits provided by use of an APA by South African major trading partners. The effect and the use of such APA will have in South Africa is also discussed and how it should be modelled; the present status quo with regard to personnel at SARS; and the possible impact the introduction and implementation will have in South Africa.
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  • Date Issued: 2011

The potential for voluntary instruments to achieve conservation planning goals : the case of conservancies in South Africa

  • Authors: Downsborough, Linda , Shackleton, Charlie M , Knight, Andrew T
  • Date: 2011
  • Language: English
  • Type: Article
  • Identifier: vital:6629 , http://hdl.handle.net/10962/d1006821
  • Description: Spatial prioritizations and gap analyses are increasingly undertaken to allocate conservation resources. Most spatial prioritizations are conducted without specifying the conservation instruments to be implemented and gap analyses typically assess formally protected areas but increasingly include private land conservation instruments. We examine conservancies to see if these voluntary instruments contribute towards achieving goals of South African conservation planning initiatives. We conducted a nationwide survey and interviews with conservancy members in Gauteng and the Eastern Cape. Conservancies have potential for assisting South Africa to achieve conservation planning goals at national and local scales but their inclusion in spatial prioritizations and gap analyses predicates improved protection for nature, operational refinement and increased support. We sound a warning to conservation planning initiatives that incorporate voluntary instruments on private land, and present recommendations for strengthening such instruments to make them more effective. Our findings may assist conservation planners elsewhere to design more effective conservation planning initiatives focused on private land.
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  • Date Issued: 2011

The potential impact of diving charges on the demand for diving and the diving industry in the Aliwal Shoal Marine Protected Area: a pilot study

  • Authors: Schmidt, Jadon
  • Date: 2011
  • Subjects: Marine parks and reserves -- South Africa -- KwaZulu-Natal Recreational dive industry -- South Africa -- KwaZulu-Natal Recreational dive industry -- Licenses -- South Africa -- KwaZulu-Natal Marine parks and reserves -- South Africa -- KwaZulu-Natal -- Management Conservation of natural resources -- South Africa -- KwaZulu-Natal Environmental management -- South Africa -- KwaZulu-Natal Marine resources conservation -- South Africa -- KwaZulu-Natal Waste disposal in the ocean -- South Africa -- KwaZulu-Natal Marine pollution -- South Africa -- KwaZulu-Natal
  • Language: English
  • Type: Thesis , Masters , MBA
  • Identifier: vital:756 , http://hdl.handle.net/10962/d1003877
  • Description: This research is presented in three sections. Section 1 presents the research report in an Academic Paper format. Section 2 provides a comprehensive literature review and Section 3 describes the research methodology and methods employed. Sustainable management of natural resources is a global imperative. It is particularly significant in a country like South Africa that is blessed with an abundance of biological diversity but faces many socio economic challenges that are associated with developing nations. Toward addressing these issues, diver permit fees were implemented in South Africa in 2005, making it a legal requirement for all scuba divers undertaking a dive in a Marine Protected Area (MPA) to purchase a permit. This pilot study is the first attempt since the inception of the dive permit fees to determine their impact on the demand for diving and the diving industry in the Aliwal Shoal MPA, one of the premier dive destinations in the country. In order to address key questions, qualitative data was gathered during interviews with 12 dive operators active in the MPA and 28 divers that utilised the operators to dive. In addition, independent quantitative data on the number of dive boat launches during the past 20 years was used in conjunction with mean paying diver data obtained from the operators to ascertain the demand for diving at the Aliwal Shoal during the past two decades. Results indicate that were no significant differences (at the 5% level of significance) between paying divers during 2005 compared to 2004 and 2006 [H =.1923366, N= 36, p =0.9083]. Paying diver data for the period 2000 - 2004 were compared to 2005 - 2010 and no significant differences were found at the 5% level of significance (U= 2040, Npost = 72, Npre= 60, p = 0.584981). Diver interviews revealed that only 36% of divers had paid for a permit, representing a loss of R7 438 499 during the past five years, enough to support the current budget of the MPA for 10.6 years. Operator interviews revealed that alternative destinations, economic climate and local competition had the most impact on their businesses, with permit fees having no impact on the 50% of the operators’ businesses. Operators also reported that there was little or no enforcement of the permit fees, 9 of the operators indicated that there has been no improvement in the MPA or its management since the inception of the fees and all were dissatisfied with the current management MPA. Operators and divers complained about the current purchasing and handling practices associated with the permits. Despite offering a world class diving opportunity, the dive operators currently have no incentive to enforce the permit system and due to price pressure in the local market, and have adopted a mute stance on diver permits. Consequently, there has been no significant impact on the demand for diving since the inception of the permits in 2005. The initial hypothesis that the increased costs to divers as a result of the permits would drive down the demand for diving is therefore rejected. If the permits are more strictly enforced, it is likely that more divers may seek alternative destinations due to the perception of poor value as a result of the Sappi Saiccor effluent discharge, existence of shark nets and poor management, in accordance with existing literature. The resultant decrease in demand will be detrimental to the diving industry at Aliwal Shoal. The second hypothesis, that the costs associated with the better enforcement of the MPA regulations-in terms of impacts on the diving industry- might outweigh the benefits, is therefore accepted. All the results produced by this study suggest that authorities may have been too enthusiastic to have all the boxes ticked in order to meet deadlines for international targets for marine conservation and paid little or no attention to lessons learnt from MPAs globally. Every negative aspect highlighted by existing international literature as symptomatic of MPA failure is occurring at Aliwal Shoal MPA, albatrossing it with “paper park” status. Due to the size and scope of this study, the results should be interpreted with caution and not be utilised to guide policy but rather encourage further research.
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  • Date Issued: 2011

The prevalence and consequences of workplace bullying in South Africa

  • Authors: Momberg, Markus Albertus
  • Date: 2011
  • Subjects: Bullying in the workplace -- South Africa -- Prevention , Harrasment -- South Africa , Organizational behavior -- South Africa , Interpersonal relations -- South Africa , Labour laws and legislation -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:10211 , http://hdl.handle.net/10948/1572 , Bullying in the workplace -- South Africa -- Prevention , Harrasment -- South Africa , Organizational behavior -- South Africa , Interpersonal relations -- South Africa , Labour laws and legislation -- South Africa
  • Description: A study is made of the ever-growing worldwide social pandemic of workplace bullying. We define workplace bullying in terms of its characteristics and distinguish it from unfair discrimination in the form of harassment. A survey is presented of its occurrence worldwide and how it manifests as an organisational conflict, both as hierarchical and horizontal abuse. This is analysed in terms of a social science perspective. We consider grievance reporting as an indication of trends in workplace bullying and discuss the limitations of such reporting. We review the consequent effects of such limitations on the health of workers and workplace efficiency and note the shortcomings of existing labour law in dealing with this inadequacy. Our findings are summarised, with recommendations for resolving this conflict situation.
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  • Date Issued: 2011

The principal factor : examining the role of principals in the success of their schools

  • Authors: Dubula, Nomvuyo Mildred
  • Date: 2011
  • Subjects: School principals -- Training of -- South Africa -- Eastern Cape , School improvement programs -- South Africa -- Eastern Cape , Educational leadership -- South Africa -- Eastern Cape
  • Language: English
  • Type: Thesis , Masters , MPA
  • Identifier: vital:8240 , http://hdl.handle.net/10948/d1010881 , School principals -- Training of -- South Africa -- Eastern Cape , School improvement programs -- South Africa -- Eastern Cape , Educational leadership -- South Africa -- Eastern Cape
  • Description: In this Treatise, a study is undertaken to analyse and examine the role of school principals in the success of their schools; with specific reference to township high schools in the Port Elizabeth district (P.E. district). The study assumes that P.E. district principals, as leaders and managers should deliver essential services effectively, efficiently, and with optimal use of resources to attain maximum results in school performance. The same is expected of their counterparts in any part of the country, it is not exclusively demanded from PE district principals. In terms of the current education legislation and policy framework, the principals have to account for the performance of their schools. To this end the National Department of Education introduced legislation in 2007 to ensure that principals account to the Head of The Department of Education of the relevant province. Section 16 A of the South African Schools Act (SASA) was introduced by the Education Law Amendment Act 31/2007. The provisions of this section deal with “the functions and responsibilities of principals of public schools.” Specifically section 16A (1) (b) states that “The principal must prepare and submit to the Head of the Department an annual report in respect of: (i.) The academic performance of that school (ii.) The effective use of available resources.” Since the enactment of section 16 A as referred to above, the Provincial Departments have begun to make principals account for the success or failure of learners, for human resource development, financial management, parent involvement in school matters and the active participation of school governing bodies. What should be clear is that the above encompasses all the critical and fundamental aspects that have an impact on the progress of any educational institution. The combination of the two requirements stated above reflects the extent to which the Department of Education is committed to making certain that principals in their respective schools create an environment where learners can achieve their full potential. It is such creation of conducive environments that will enable all learners in the country to achieve equal opportunities in society irrespective of their original backgrounds. This ideal is consistent with section 9 of the Constitution, 1996 which provides for the right to equality of all people. The research, also assumes that leadership is about direction and purpose, while management lays emphasis on effectiveness and efficiency. Leadership and management are fundamental aspects of those duties and responsibilities associated with the position of a school principal. It is further postulated that, a good principal understands that circumstances determine the proportion of each of these elements that is required by any given situation i.e. whether more of leadership or bigger dose management is appropriate in dealing with a certain set of circumstances or not. The study identifies variables that make a school principal a strong leader and good manager and lists the following as the critical focus areas:  Balancing instructional and managerial leadership  Strengthening the connection between school and home  Developing effective leadership  Effective teaching practices  Staff development The study also assumes that township schools are no exception to those in different parts of the country. Despite some serious daily challenges peculiar to the township situations, these schools still have to perform satisfactorily like all other institutions of learning. The legislative and policy framework applies equally to all schools. The study argues primarily that all schools can perform well and develop the potential of their learners to the fullest. The difference lies in the leadership and management of the respective institutions by their principals. All stakeholders are presumed to posses the potential, the ability and the urge to do their utmost best to render quality services that would lead to the attainment of excellent results. It is worthwhile for the system that those who show themselves to lack these attributes should be identified, not to weed them out but to assist so that they acquire the necessary skills and expertise. After all it is by strengthening the weakest link that a chain becomes strong.
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  • Date Issued: 2011

The problems of proving actual or apparent bias: an analysis of contemporary developments in South Africa

  • Authors: Okpaluba, Chuks , Juma, Laurence
  • Date: 2011
  • Language: English
  • Type: text , article
  • Identifier: http://hdl.handle.net/10962/127498 , vital:36017 , https://doi.org/10.17159/1727-3781/2011/v14i7a2616
  • Description: This article takes a critical look at the divergent approaches of courts in constructing the meaning of actual and apparent bias in adjudicative contexts. It argues that while proving actual bias on the part of an adjudicator may not always be easy and parties often revert to apprehended bias, an allegation of bias in any adjudication process is a matter that courts take very seriously. This notwithstanding, the courts have failed to consistently demarcate the necessary elements and threshold of proof that complainants must overcome to secure a successful challenge of decisions based on adjudicative impartiality. Upon critical evaluation of the decisions on the subject so far rendered, this article suggests that the pattern which has seemingly emerged is that which weighs the allegations of bias against the presumption of impartiality and the requirements of the double reasonableness test.
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  • Date Issued: 2011

The proposed new gambling tax in South Africa

  • Authors: Roberts, Justin Esrom
  • Date: 2011
  • Subjects: Gambling , Gambling -- Taxation , Gambling -- Taxation -- South Africa , Income tax deductions -- South Africa , Withholding tax -- Law and legislation -- South Africa
  • Language: English
  • Type: Thesis , Masters , MCom
  • Identifier: vital:8950 , http://hdl.handle.net/10948/1639 , Gambling , Gambling -- Taxation , Gambling -- Taxation -- South Africa , Income tax deductions -- South Africa , Withholding tax -- Law and legislation -- South Africa
  • Description: In the 2011/2012 Budget Speech delivered by the Minister of Finance, Pravin Gordhan, it was announced that a 15% withholding tax on gambling winnings above R 25 000 was to be introduced with effect from 1 April 2012. This treatise was undertaken to critically analyse the different elements of the proposed new withholding tax. It was established that the fiscus already benefits significantly from the gambling industry and levies and taxes from the gambling industry dwarf the revenue SARS collect from other forms of taxes such as Donations tax and Estate Duty tax. The necessity, therefore, of taxing gambling winnings in the hands of the individual is debatable. A comparison with the three foreign countries used by the Minister as an example of countries who have successfully implemented a withholding tax on gambling winnings exposed operational or other characteristics which bear no significant relationship to the situation in which the industry operates in South Africa. Probably the most significant difference is the fact that in the three foreign countries, losses are deductible and only the net gains are taxed. Although it iv could add to an already seemingly administrative-intensive legislation, it is submitted that taxing gambling winnings and ignoring losses suffered by gamblers will be disproportionately unfair towards the taxpayer. The many questions raised in this treatise illustrate the level of uncertainty still surrounding the new proposed gambling tax. It is hoped that communication will be provided by SARS as soon as possible to address the issues at hand. This would go a long way in ensuring that the implementation of the proposed withholding tax on gambling winnings is as smooth and efficient as possible.
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  • Date Issued: 2011

The reading of extended text in Oshindonga in grade 2 in selected Namibian schools

  • Authors: Ngula, Elizabeth Njanjukweni-Aluhe
  • Date: 2011
  • Subjects: Ndonga language -- Study and teaching -- Namibia Reading comprehension -- Study and teaching (Primary) -- Namibia Reading (Primary) -- Namibia Teaching -- Namibia Teachers -- Attitudes -- Namibia Literacy -- Namibia
  • Language: English
  • Type: Thesis , Masters , MEd
  • Identifier: vital:1720 , http://hdl.handle.net/10962/d1003603
  • Description: This study was conducted in order to understand to what extent Grade 2 teachers use books (or other forms of extended text) in their reading lessons in Oshindonga where very little published material is available, and, if so, whether they engage in shared reading with these materials or not. The study also explored ways to introduce more books (or other forms of extended text) into Oshindonga classrooms. The study took the form of an interpretive case study. It was conducted in two primary schools in Otjiwarongo district in the Otjozondjupa region of Namibia. Two qualified Grade 2 teachers were selected. The purpose of this sampling was to gain an in depth understanding of how these two selected teachers taught reading in Oshindonga. The data was gathered by using semi-structured interviews with open-ended questions, as well as lesson observations and stimulated recall with each individual teacher after each lesson. The purpose of this was to gain clarity in areas that were not clear during lesson presentations. A focus group interview was also conducted in order to generate ideas about how to introduce more extended texts into the classroom. The key fmdings are that both schools in the study lacked books in Oshindonga, and the teachers lacked an understanding of the importance of using books (or other forms of extended text). Other key findings are that teachers had a problem in choosing appropriate texts to read with their learners; teachers understand reading more as decoding than reading for meaning and pleasure; children were not asked any comprehension questions and the two teachers had different views on the value of shared reading. The research data revealed that there are problems in teaching literacy in Namibian African languages.
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  • Date Issued: 2011
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