Substantive fairness of dismissal for misconduct
- Authors: Toba, Wilson
- Date: 2004
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor discipline -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11063 , http://hdl.handle.net/10948/355 , Employees -- Dismissal of -- Law and legislation -- South Africa , Labor discipline -- Law and legislation -- South Africa
- Description: In the employment context employers may view certain conduct/behaviour committed by an employee or a group of employees to be repugnant and unacceptable resulting in the disciplinary action that may lead to a dismissal sanction taken against such employee or employees. Even though the employer has a right to discipline the employees for a contravention of a rule or a policy and even dismiss the employee/s involved, such a disciplinary action and dismissal must be based on a certain procedure where the principle of fairness must be adhered to. The Labour Relations Act 66 of 1995 (“the Act”) and Schedule 8 of the Code of Good Practice deals with the aspects of dismissals related to conduct and capacity, however, each case is unique, it has to be approached on its own merits. Schedule 8(3) states that, “formal procedures in disciplinary measures do not have to be invoked every time a rule is broken or a standard is not met”. It is therefore necessary that there should be a disciplinary code which guides the workers and the employers, it must be clear and be understood by all the parties. The disciplinary code of conduct serves as the foundation of good discipline because everybody knows the consequences of his/her contravention of those guidelines enumerated in the Code of Conduct. The Code of Good Practice under Schedule 8(3), states that “while employees should be protected from arbitrary action, employers are entitled to satisfactory conduct and work performance from their employees”, so a very good relationship between the two parties is most important if there is to be stability and industrial peace in the workplace.
- Full Text:
- Date Issued: 2004
- Authors: Toba, Wilson
- Date: 2004
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor discipline -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11063 , http://hdl.handle.net/10948/355 , Employees -- Dismissal of -- Law and legislation -- South Africa , Labor discipline -- Law and legislation -- South Africa
- Description: In the employment context employers may view certain conduct/behaviour committed by an employee or a group of employees to be repugnant and unacceptable resulting in the disciplinary action that may lead to a dismissal sanction taken against such employee or employees. Even though the employer has a right to discipline the employees for a contravention of a rule or a policy and even dismiss the employee/s involved, such a disciplinary action and dismissal must be based on a certain procedure where the principle of fairness must be adhered to. The Labour Relations Act 66 of 1995 (“the Act”) and Schedule 8 of the Code of Good Practice deals with the aspects of dismissals related to conduct and capacity, however, each case is unique, it has to be approached on its own merits. Schedule 8(3) states that, “formal procedures in disciplinary measures do not have to be invoked every time a rule is broken or a standard is not met”. It is therefore necessary that there should be a disciplinary code which guides the workers and the employers, it must be clear and be understood by all the parties. The disciplinary code of conduct serves as the foundation of good discipline because everybody knows the consequences of his/her contravention of those guidelines enumerated in the Code of Conduct. The Code of Good Practice under Schedule 8(3), states that “while employees should be protected from arbitrary action, employers are entitled to satisfactory conduct and work performance from their employees”, so a very good relationship between the two parties is most important if there is to be stability and industrial peace in the workplace.
- Full Text:
- Date Issued: 2004
Synthesis and photochemical studies of substituted adjacent binaphthalophthalocyanines
- Seotsanyana-Mokhosi, Itumeleng, Nyokong, Tebello
- Authors: Seotsanyana-Mokhosi, Itumeleng , Nyokong, Tebello
- Date: 2004
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/289883 , vital:56689 , xlink:href="https://doi.org/10.1142/S1088424604000568"
- Description: Adjacent phthalocyanines with a binaphthalo backbone and phenoxy substituents were synthesized and their photochemical properties were investigated. The adjacent phthalocyanines are the binaphthalophthalocyanines, with the phenoxy, 4-tert-butylphenoxy and the sulfophenoxy substituents, respectively and bis-binaphthalophthalocyanine which has an extended π conjugation system and larger singlet oxygen quantum yield compared to the other compounds. The presence of the phenoxy substituents as well as the binaphthalo bridge does not cause a marked difference on the fluorescing properties of these complexes when compared to zinc phthalocyanine. The binaphthalo backbone allowed the molecules to photoswitch during photolysis affording them very high photostability.
- Full Text:
- Date Issued: 2004
- Authors: Seotsanyana-Mokhosi, Itumeleng , Nyokong, Tebello
- Date: 2004
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/289883 , vital:56689 , xlink:href="https://doi.org/10.1142/S1088424604000568"
- Description: Adjacent phthalocyanines with a binaphthalo backbone and phenoxy substituents were synthesized and their photochemical properties were investigated. The adjacent phthalocyanines are the binaphthalophthalocyanines, with the phenoxy, 4-tert-butylphenoxy and the sulfophenoxy substituents, respectively and bis-binaphthalophthalocyanine which has an extended π conjugation system and larger singlet oxygen quantum yield compared to the other compounds. The presence of the phenoxy substituents as well as the binaphthalo bridge does not cause a marked difference on the fluorescing properties of these complexes when compared to zinc phthalocyanine. The binaphthalo backbone allowed the molecules to photoswitch during photolysis affording them very high photostability.
- Full Text:
- Date Issued: 2004
Ten years of marine natural products research at Rhodes University
- Davies-Coleman, Michael T, Beukes, Denzil R
- Authors: Davies-Coleman, Michael T , Beukes, Denzil R
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6568 , http://hdl.handle.net/10962/d1004131
- Description: Marine invertebrates, algae and microorganisms produce a plethora of structurally unique and biologically active secondary metabolites. The ecological roles of these natural products, although not completely understood, range from chemical defence against predation to intra-specific cues for larval settlement. Surprisingly, a number of these metabolites have also shown potential as new medicines for the treatment of a variety of diseases including cancer. The natural products chemistry of southern Africa’s unique marine flora and fauna is relatively unknown and this review provides an overview of the contribution made by the marine natural products research group at Rhodes University to the isolation, identification and synthesis of biologically active natural products from southern African marine microorganisms, algae, sponges, ascidians, soft corals and molluscs.
- Full Text:
- Date Issued: 2004
- Authors: Davies-Coleman, Michael T , Beukes, Denzil R
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6568 , http://hdl.handle.net/10962/d1004131
- Description: Marine invertebrates, algae and microorganisms produce a plethora of structurally unique and biologically active secondary metabolites. The ecological roles of these natural products, although not completely understood, range from chemical defence against predation to intra-specific cues for larval settlement. Surprisingly, a number of these metabolites have also shown potential as new medicines for the treatment of a variety of diseases including cancer. The natural products chemistry of southern Africa’s unique marine flora and fauna is relatively unknown and this review provides an overview of the contribution made by the marine natural products research group at Rhodes University to the isolation, identification and synthesis of biologically active natural products from southern African marine microorganisms, algae, sponges, ascidians, soft corals and molluscs.
- Full Text:
- Date Issued: 2004
The adaptive development and use of learning support materials in response to the 1st principle of the revised national curriculum statement : the case of Hadeda Island
- Authors: Olvitt, Lausanne Laura
- Date: 2004
- Subjects: Environmental education -- South Africa -- Case studies Environmental education -- Curricula -- South Africa Teaching -- Aids and devices -- South Africa
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1938 , http://hdl.handle.net/10962/d1007719
- Description: This case study describes the development and trial use of the Hadeda Island Big Book. Developed within a transforming South African curriculum framework, the study recognises that current educational practices are shaped and steered by historical, cultural, political and economic realities. This perspective guides the research design, which considers each of the three participating schools as contextually unique. The Hadeda Island Big Book was developed in response to the 1st Principle of the Revised National Curriculum Statement (RNCS). This calls for all curriculum activities to develop learners' understandings of the relationship between social justice, a healthy environment, human rights and inclusivity. The study probes ways in which learning support materials might respond in line with the vision of the RNCS 1st Principle. Associated challenges, tensions and opportunities are discussed in relation to schools' interactions with the Hadeda Island Big Book. The diverse and creative responses to the book lead this study to foreground generative approaches to curriculum work. Emphasis is thus redirected from hierarchical, stipulative views of curriculum to more dynamic, responsive views of curriculum as a guiding framework. This is regarded as a valuable orientation to the development of future learning support materials. The study comments on the challenge of supporting teachers to develop curriculum activities that reflect a view of 'environment' as socially shaped and multi-dimensional. Tendencies to focus on either the 'ecological' or the 'social' dimensions of environmental issues rather than on the interacting socio-ecological dimensions are recognised as limiting the material's potential to strengthen environmental learning in schools. The study recommends that greater attention be paid to the environmentally-oriented Learning Outcomes and Assessment Standards of all Learning Areas in the RNCS. In so doing, socio-ecological learning processes may be strengthened through curriculum work.
- Full Text:
- Date Issued: 2004
- Authors: Olvitt, Lausanne Laura
- Date: 2004
- Subjects: Environmental education -- South Africa -- Case studies Environmental education -- Curricula -- South Africa Teaching -- Aids and devices -- South Africa
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1938 , http://hdl.handle.net/10962/d1007719
- Description: This case study describes the development and trial use of the Hadeda Island Big Book. Developed within a transforming South African curriculum framework, the study recognises that current educational practices are shaped and steered by historical, cultural, political and economic realities. This perspective guides the research design, which considers each of the three participating schools as contextually unique. The Hadeda Island Big Book was developed in response to the 1st Principle of the Revised National Curriculum Statement (RNCS). This calls for all curriculum activities to develop learners' understandings of the relationship between social justice, a healthy environment, human rights and inclusivity. The study probes ways in which learning support materials might respond in line with the vision of the RNCS 1st Principle. Associated challenges, tensions and opportunities are discussed in relation to schools' interactions with the Hadeda Island Big Book. The diverse and creative responses to the book lead this study to foreground generative approaches to curriculum work. Emphasis is thus redirected from hierarchical, stipulative views of curriculum to more dynamic, responsive views of curriculum as a guiding framework. This is regarded as a valuable orientation to the development of future learning support materials. The study comments on the challenge of supporting teachers to develop curriculum activities that reflect a view of 'environment' as socially shaped and multi-dimensional. Tendencies to focus on either the 'ecological' or the 'social' dimensions of environmental issues rather than on the interacting socio-ecological dimensions are recognised as limiting the material's potential to strengthen environmental learning in schools. The study recommends that greater attention be paid to the environmentally-oriented Learning Outcomes and Assessment Standards of all Learning Areas in the RNCS. In so doing, socio-ecological learning processes may be strengthened through curriculum work.
- Full Text:
- Date Issued: 2004
The application of rheological techniques in the characterization of semisolids in the pharmaceutical industry
- Authors: Jaganath, Nelesh
- Date: 2004
- Subjects: Drugs -- Dosage forms , Rheology
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10128 , http://hdl.handle.net/10948/380 , Drugs -- Dosage forms , Rheology
- Description: Rheological characterization of pharmaceutical semisolids is of importance as it provides fundamental information required for the assessment of some of the final properties of a product such as viscosity, elasticity, quality and storage stability. The effect of formulation variables on product characteristics such as consistency and correlation of consumer evaluation of consistency can also be attained. (Ramachandran et al., 1999) This study focussed on using rheological techniques to fully characterize the properties of various semisolid formulations being developed or produced at a South African-based generic pharmaceutical company. Various tests were employed to characterize the semisolid dosage forms (creams and ointments), including continuous shear tests such as flow and viscosity curves and yield point measurements, oscillatory tests such as amplitude and frequency sweeps, as well as step and temperature ramp tests. A method to determine justifiable and meaningful viscosity specifications was developed, where excellent reproducibility of results were obtained when compared to the single-point viscosity determinations usually used. An evaluation as to whether rheology can be utilized as an assessment tool for product stability revealed varying results, with the oscillation-frequency sweep test displaying modest predictive capabilities. Observable differences in rheological character were found when evaluating ointment formulations exhibiting deviating quality characteristics. When analysing the effect of varying processing parameters, namely, cooling rate and mixing speed, during the manufacture of a cream, statistically significant rheological differences were obtained, while a thorough characterization of a scale-up procedure was also achieved upon analysis of various rheological properties.
- Full Text:
- Date Issued: 2004
- Authors: Jaganath, Nelesh
- Date: 2004
- Subjects: Drugs -- Dosage forms , Rheology
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10128 , http://hdl.handle.net/10948/380 , Drugs -- Dosage forms , Rheology
- Description: Rheological characterization of pharmaceutical semisolids is of importance as it provides fundamental information required for the assessment of some of the final properties of a product such as viscosity, elasticity, quality and storage stability. The effect of formulation variables on product characteristics such as consistency and correlation of consumer evaluation of consistency can also be attained. (Ramachandran et al., 1999) This study focussed on using rheological techniques to fully characterize the properties of various semisolid formulations being developed or produced at a South African-based generic pharmaceutical company. Various tests were employed to characterize the semisolid dosage forms (creams and ointments), including continuous shear tests such as flow and viscosity curves and yield point measurements, oscillatory tests such as amplitude and frequency sweeps, as well as step and temperature ramp tests. A method to determine justifiable and meaningful viscosity specifications was developed, where excellent reproducibility of results were obtained when compared to the single-point viscosity determinations usually used. An evaluation as to whether rheology can be utilized as an assessment tool for product stability revealed varying results, with the oscillation-frequency sweep test displaying modest predictive capabilities. Observable differences in rheological character were found when evaluating ointment formulations exhibiting deviating quality characteristics. When analysing the effect of varying processing parameters, namely, cooling rate and mixing speed, during the manufacture of a cream, statistically significant rheological differences were obtained, while a thorough characterization of a scale-up procedure was also achieved upon analysis of various rheological properties.
- Full Text:
- Date Issued: 2004
The Baylis-Hillman entrée to heterocyclic systems — the Rhodes contribution
- Authors: Kaye, Perry T
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6575 , http://hdl.handle.net/10962/d1004138
- Description: This review focuses on applications of the Baylis-Hillman reaction in the synthesis of various heterocyclic products, which include indolizines, chromenes, thiochromenes, coumarins and quinolines. Attention is also given to the mechanistic implications and the elaboration of various products to afford compounds with medicinal potential.
- Full Text:
- Date Issued: 2004
- Authors: Kaye, Perry T
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6575 , http://hdl.handle.net/10962/d1004138
- Description: This review focuses on applications of the Baylis-Hillman reaction in the synthesis of various heterocyclic products, which include indolizines, chromenes, thiochromenes, coumarins and quinolines. Attention is also given to the mechanistic implications and the elaboration of various products to afford compounds with medicinal potential.
- Full Text:
- Date Issued: 2004
The bells of Jamestown, South Atlantic Ocean
- Authors: Lewis, Colin A
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6177 , http://hdl.handle.net/10962/d1012370 , http://www.ringingworld.co.uk
- Description: Colin Lewis was Professor of Geography at Rhodes University, Grahamstown, South Africa from 1989 until his retirement at the end of 2007. In 1990, with the strong support of the incumbent Vice-Chancellor, Dr Derek Henderson, he instigated the Certificate in Change Ringing (Church Bell Ringing) in the Rhodes University Department of Music and Musicology - the first such course to be offered in Africa. Since that date he has lectured in the basic theory, and taught the practice of change ringing. He is the Ringing Master of the Cathedral of St Michael and St George, Grahamstown, South Africa.
- Full Text:
- Date Issued: 2004
- Authors: Lewis, Colin A
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6177 , http://hdl.handle.net/10962/d1012370 , http://www.ringingworld.co.uk
- Description: Colin Lewis was Professor of Geography at Rhodes University, Grahamstown, South Africa from 1989 until his retirement at the end of 2007. In 1990, with the strong support of the incumbent Vice-Chancellor, Dr Derek Henderson, he instigated the Certificate in Change Ringing (Church Bell Ringing) in the Rhodes University Department of Music and Musicology - the first such course to be offered in Africa. Since that date he has lectured in the basic theory, and taught the practice of change ringing. He is the Ringing Master of the Cathedral of St Michael and St George, Grahamstown, South Africa.
- Full Text:
- Date Issued: 2004
The bells of north western Transkei, South Africa
- Authors: Lewis, Colin A
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6183 , http://hdl.handle.net/10962/d1012379 , http://www.ringingworld.co.uk
- Description: [From Introduction] Few of the many visitors to South Africa journey into the isolated country east of Queenstown and south of Elliot, in the rugged basin and range country of that part of the Transkei. That is largely a forgotten land, hidden south of the Mount Arthur range from the rolling grasslands of the Drakensburg foothills and their commercial farms. , Colin Lewis was Professor of Geography at Rhodes University, Grahamstown, South Africa from 1989 until his retirement at the end of 2007. In 1990, with the strong support of the incumbent Vice-Chancellor, Dr Derek Henderson, he instigated the Certificate in Change Ringing (Church Bell Ringing) in the Rhodes University Department of Music and Musicology - the first such course to be offered in Africa. Since that date he has lectured in the basic theory, and taught the practice of change ringing. He is the Ringing Master of the Cathedral of St Michael and St George, Grahamstown, South Africa.
- Full Text:
- Date Issued: 2004
- Authors: Lewis, Colin A
- Date: 2004
- Language: English
- Type: Article
- Identifier: vital:6183 , http://hdl.handle.net/10962/d1012379 , http://www.ringingworld.co.uk
- Description: [From Introduction] Few of the many visitors to South Africa journey into the isolated country east of Queenstown and south of Elliot, in the rugged basin and range country of that part of the Transkei. That is largely a forgotten land, hidden south of the Mount Arthur range from the rolling grasslands of the Drakensburg foothills and their commercial farms. , Colin Lewis was Professor of Geography at Rhodes University, Grahamstown, South Africa from 1989 until his retirement at the end of 2007. In 1990, with the strong support of the incumbent Vice-Chancellor, Dr Derek Henderson, he instigated the Certificate in Change Ringing (Church Bell Ringing) in the Rhodes University Department of Music and Musicology - the first such course to be offered in Africa. Since that date he has lectured in the basic theory, and taught the practice of change ringing. He is the Ringing Master of the Cathedral of St Michael and St George, Grahamstown, South Africa.
- Full Text:
- Date Issued: 2004
The challenge of applying systematic conservation planning to the marine environment using expert knowledge (focus: Sparidae)
- Authors: Bause, Mariëtte
- Date: 2004
- Subjects: Marine parks and reserves -- South Africa , Nature conservation -- South Africa , Fishery conservation -- South Africa , Sparidae
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11064 , http://hdl.handle.net/10948/343 , Marine parks and reserves -- South Africa , Nature conservation -- South Africa , Fishery conservation -- South Africa , Sparidae
- Description: Although the marine environment has generally been considered to be less in need of attention from conservationists, politicians and managers than the terrestrial environment, there has been an increasing appreciation that there is little left in the marine environment that can be considered unaltered by humans. Conservation action is therefore urgently needed to protect marine populations, species and environments from anthropogenic pressures. Since overharvesting seems to be the main cause of the collapse in coastal ecosystems, areas need to be protected so that stocks can recover. However, the proclamation of such marine protected areas (MPAs) need to be well planned to ensure that species are well represented and that their biological requirements are met in the long term. While terrestrial conservation planners have started to incorporate biological, social and economic information into so-called systematic conservation plans, marine planners have been more hesitant to use these approaches due to the greater openness of the ocean (with the associated greater dispersal of marine organisms and propogules, lower levels of endemism, and lack of ownership) and the paucity of available information. The current study aimed to investigate the applicability of systematic approaches to the process of selecting sites for a network of potential replenishment zones for seabream species that could supplement protection already afforded by existing no-fishing reserves. Since many of these seabream species are popular targets in both the recreational and commercial linefishery sectors, they have been overexploited and are in need of additional protection. Information on these species and the diversity of their associated reefs were obtained through consultations with scientists, managers and resource-users (namely SCUBA divers, spearfishers as well as recreational and commercial fishers). These data were obtained during workshops where Participatory Rural Appraisal (PRA) scoring and mapping methods were applied. Although ordinal-scale, rather than interval-or ratio-scale data were obtained, these data could be used in an interactive selection process. Because these methods require relatively cheap materials and few personnel, they could be used to collect information where limited budgets are available. Quantitative targets for the protection of individual species were set on the basis of their status in the Marine Living Resource Act, since this reflected their different requirements for protection. A preliminary investigation indicated that the current no-fishing reserves effectively achieved most of these goals for seabream species. The selection of sites for the replenishment network was based on irreplaceability analyses, while decisions between sites with lower irreplaceability values were based on explicit design rules. A total of 26 sites were required to achieve targets for all species. These replenishment zones could potentially be established, managed and monitored by voluntary community groups. This study therefore indicated that systematic conservation planning can successfully be applied to the marine environment, while the involvement of stakeholders is crucial to ensure that conservation action is supported.
- Full Text:
- Date Issued: 2004
- Authors: Bause, Mariëtte
- Date: 2004
- Subjects: Marine parks and reserves -- South Africa , Nature conservation -- South Africa , Fishery conservation -- South Africa , Sparidae
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:11064 , http://hdl.handle.net/10948/343 , Marine parks and reserves -- South Africa , Nature conservation -- South Africa , Fishery conservation -- South Africa , Sparidae
- Description: Although the marine environment has generally been considered to be less in need of attention from conservationists, politicians and managers than the terrestrial environment, there has been an increasing appreciation that there is little left in the marine environment that can be considered unaltered by humans. Conservation action is therefore urgently needed to protect marine populations, species and environments from anthropogenic pressures. Since overharvesting seems to be the main cause of the collapse in coastal ecosystems, areas need to be protected so that stocks can recover. However, the proclamation of such marine protected areas (MPAs) need to be well planned to ensure that species are well represented and that their biological requirements are met in the long term. While terrestrial conservation planners have started to incorporate biological, social and economic information into so-called systematic conservation plans, marine planners have been more hesitant to use these approaches due to the greater openness of the ocean (with the associated greater dispersal of marine organisms and propogules, lower levels of endemism, and lack of ownership) and the paucity of available information. The current study aimed to investigate the applicability of systematic approaches to the process of selecting sites for a network of potential replenishment zones for seabream species that could supplement protection already afforded by existing no-fishing reserves. Since many of these seabream species are popular targets in both the recreational and commercial linefishery sectors, they have been overexploited and are in need of additional protection. Information on these species and the diversity of their associated reefs were obtained through consultations with scientists, managers and resource-users (namely SCUBA divers, spearfishers as well as recreational and commercial fishers). These data were obtained during workshops where Participatory Rural Appraisal (PRA) scoring and mapping methods were applied. Although ordinal-scale, rather than interval-or ratio-scale data were obtained, these data could be used in an interactive selection process. Because these methods require relatively cheap materials and few personnel, they could be used to collect information where limited budgets are available. Quantitative targets for the protection of individual species were set on the basis of their status in the Marine Living Resource Act, since this reflected their different requirements for protection. A preliminary investigation indicated that the current no-fishing reserves effectively achieved most of these goals for seabream species. The selection of sites for the replenishment network was based on irreplaceability analyses, while decisions between sites with lower irreplaceability values were based on explicit design rules. A total of 26 sites were required to achieve targets for all species. These replenishment zones could potentially be established, managed and monitored by voluntary community groups. This study therefore indicated that systematic conservation planning can successfully be applied to the marine environment, while the involvement of stakeholders is crucial to ensure that conservation action is supported.
- Full Text:
- Date Issued: 2004
The concentration of ten metals in the tissues of shark species Squalus megalops and Mustelus mustelus (Chondrichthyes) occuring along the Southeastern coast of South Africa
- Erasmus, Christina Petronella
- Authors: Erasmus, Christina Petronella
- Date: 2004
- Subjects: Sharks -- South Africa -- Effect of metals on. , Marine pollutio -- South Africa.
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:11095 , http://hdl.handle.net/10948/d1019683
- Description: The southeastern coast of South Africa is deemed unpolluted and with the exception of a few localized areas, is believed to be pristine. This study aimed to (1) assess the concentration of metals in the water and sharks (Squalus megalops, Mustelus mustelus) from different sites along the southeastern coast, (2) determine the effects that metals have on each other and investigate the accumulation and storage of metals in different shark tissues, (3) determine the effects of length and sex on metal concentration and the presence of metallothioneins in the liver. Metal concentrations in water from seven sites along the southeastern coast revealed concentrations below the detection limit of the extraction method, except for iron at St. Francis Bay which was below the recommended levels as supplied by DWAF. Met al concentrations in S. megalops from the seven sites revealed significantly elevated levels in individuals from Algoa and St. Francis Bay when compared to the other 5 sites. This was observed for all metals except manganese, which had a higher concentration at Cape Agulhas. After comparing the metal levels in muscle tissue (S. megalops) with data from the Department of Health it was concluded that the sharks caught at Algoa and St. Francis Bay were unsuited for human consumption. Liver and vertebral tissues from both S. megalops and M. mustelus were deemed unsuited for human consumption but further research should be conducted especially on vertebral metal concentrations. Comparing the metal concentration in different tissue types of S. megalops and M. mustelus significant difference were observed and attributed to differences in the maturity (thus age) of the two species. Significant differences in the metal concentration of males and females for both the species were observed. A higher number of differences were however observed in M. mustelus than in S. megalops, most probably due to the differences in maturity. Length and weight vs. metal concentration regressions in the males and females of both species revealed more negative than positive trends. This was found to be in accordance with other studies from around the world. Using the life stages of S. megalops, significant differences in the average concentration of metals were observed between the life stages, with embryos usually having the highest concentration. The metal concentration series determined for S. megalops were similar to that which have been reported in the literature in that iron and zinc occupied the highest concentration positions while cadmium, copper and manganese occupied the last three. The spleen usually had the highest metal concentration except for aluminium in skin and arsenic in muscle tissue. Pearson correlation revealed significant negative correlations between cadmium and the mentioned metals suggesting that cadmium replaces essential metals such as manganese, iron and copper as. Negative correlations between essential metals were observed most probably due to the competition for binding positions on ligands. Positive correlations were observed between metals in sp ecific tissue types and may be indicative of synergistic effects, e.g. aluminium may result in the accumulation of other metals such as cadmium. Positive and negative correlations between a specific metal and different tissue types have also been observed and it appears that there are movement of metals between tissue types. Positive correlation for essential metals between yolk and other tissue have been observed, although no correlations for non-essential metals were observed. This could potentially indicate a mechanism that prevents the accumulation of nonessential metals in embryos. Though no metallothioneins were isolated form the liver, the presence of cadmium in other proteins indicate that that cadmium is substituted for essential metals, and as this may result in deleterious physiological effects, further studies should be conducted. In conclusion it can be said that although some of the results were expected there are still quite a few unanswered question and further studies should be conducted.
- Full Text:
- Date Issued: 2004
- Authors: Erasmus, Christina Petronella
- Date: 2004
- Subjects: Sharks -- South Africa -- Effect of metals on. , Marine pollutio -- South Africa.
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:11095 , http://hdl.handle.net/10948/d1019683
- Description: The southeastern coast of South Africa is deemed unpolluted and with the exception of a few localized areas, is believed to be pristine. This study aimed to (1) assess the concentration of metals in the water and sharks (Squalus megalops, Mustelus mustelus) from different sites along the southeastern coast, (2) determine the effects that metals have on each other and investigate the accumulation and storage of metals in different shark tissues, (3) determine the effects of length and sex on metal concentration and the presence of metallothioneins in the liver. Metal concentrations in water from seven sites along the southeastern coast revealed concentrations below the detection limit of the extraction method, except for iron at St. Francis Bay which was below the recommended levels as supplied by DWAF. Met al concentrations in S. megalops from the seven sites revealed significantly elevated levels in individuals from Algoa and St. Francis Bay when compared to the other 5 sites. This was observed for all metals except manganese, which had a higher concentration at Cape Agulhas. After comparing the metal levels in muscle tissue (S. megalops) with data from the Department of Health it was concluded that the sharks caught at Algoa and St. Francis Bay were unsuited for human consumption. Liver and vertebral tissues from both S. megalops and M. mustelus were deemed unsuited for human consumption but further research should be conducted especially on vertebral metal concentrations. Comparing the metal concentration in different tissue types of S. megalops and M. mustelus significant difference were observed and attributed to differences in the maturity (thus age) of the two species. Significant differences in the metal concentration of males and females for both the species were observed. A higher number of differences were however observed in M. mustelus than in S. megalops, most probably due to the differences in maturity. Length and weight vs. metal concentration regressions in the males and females of both species revealed more negative than positive trends. This was found to be in accordance with other studies from around the world. Using the life stages of S. megalops, significant differences in the average concentration of metals were observed between the life stages, with embryos usually having the highest concentration. The metal concentration series determined for S. megalops were similar to that which have been reported in the literature in that iron and zinc occupied the highest concentration positions while cadmium, copper and manganese occupied the last three. The spleen usually had the highest metal concentration except for aluminium in skin and arsenic in muscle tissue. Pearson correlation revealed significant negative correlations between cadmium and the mentioned metals suggesting that cadmium replaces essential metals such as manganese, iron and copper as. Negative correlations between essential metals were observed most probably due to the competition for binding positions on ligands. Positive correlations were observed between metals in sp ecific tissue types and may be indicative of synergistic effects, e.g. aluminium may result in the accumulation of other metals such as cadmium. Positive and negative correlations between a specific metal and different tissue types have also been observed and it appears that there are movement of metals between tissue types. Positive correlation for essential metals between yolk and other tissue have been observed, although no correlations for non-essential metals were observed. This could potentially indicate a mechanism that prevents the accumulation of nonessential metals in embryos. Though no metallothioneins were isolated form the liver, the presence of cadmium in other proteins indicate that that cadmium is substituted for essential metals, and as this may result in deleterious physiological effects, further studies should be conducted. In conclusion it can be said that although some of the results were expected there are still quite a few unanswered question and further studies should be conducted.
- Full Text:
- Date Issued: 2004
The concentration of ten metals in the tissues of shark species Squalus megalops and Mustelus mustelus (chondrichthyes) occuring along the Southeastern coast of South Africa
- Erasmus, Christina Petronella
- Authors: Erasmus, Christina Petronella
- Date: 2004
- Subjects: Sharks -- South Africa -- Effect of metals on , Marine pollution -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:11085 , http://hdl.handle.net/10948/328 , Sharks -- South Africa -- Effect of metals on , Marine pollution -- South Africa
- Description: The southeastern coast of South Africa is deemed unpolluted and with the exception of a few localized areas, is believed to be pristine. This study aimed to (1) assess the concentration of metals in the water and sharks (Squalus megalops, Mustelus mustelus) from different sites along the southeastern coast, (2) determine the effects that metals have on each other and investigate the accumulation and storage of metals in different shark tissues, (3) determine the effects of length and sex on metal concentration and the presence of metallothioneins in the liver. Metal concentrations in water from seven sites along the southeastern coast revealed concentrations below the detection limit of the extraction method, except for iron at St. Francis Bay which was below the recommended levels as supplied by DWAF. Met al concentrations in S. megalops from the seven sites revealed significantly elevated levels in individuals from Algoa and St. Francis Bay when compared to the other 5 sites. This was observed for all metals except manganese, which had a higher concentration at Cape Agulhas. After comparing the metal levels in muscle tissue (S. megalops) with data from the Department of Health it was concluded that the sharks caught at Algoa and St. Francis Bay were unsuited for human consumption. Liver and vertebral tissues from both S. megalops and M. mustelus were deemed unsuited for human consumption but further research should be conducted especially on vertebral metal concentrations. Comparing the metal concentration in different tissue types of S. megalops and M. mustelus significant difference were observed and attributed to differences in the maturity (thus age) of the two species. Significant differences in the metal concentration of males and females for both the species were observed. A higher number of differences were however observed in M. mustelus than in S. megalops, most probably due to the differences in maturity. Length and weight vs. metal concentration regressions in the males and females of both species revealed more negative than positive trends. This was found to be in accordance with other studies from around the world. Using the life stages of S. megalops, significant differences in the average concentration of metals were observed between the life stages, with embryos usually having the highest concentration. The metal concentration series determined for S. megalops were similar to that which have been reported in the literature in that iron and zinc occupied the highest concentration positions while cadmium, copper and manganese occupied the last three. The spleen usually had the highest metal concentration except for aluminium in skin and arsenic in muscle tissue. Pearson correlation revealed significant negative correlations between cadmium and the mentioned metals suggesting that cadmium replaces essential metals such as manganese, iron and copper as. Negative correlations between essential metals were observed most probably due to the competition for binding positions on ligands. Positive correlations were observed between metals in sp ecific tissue types and may be indicative of synergistic effects, e.g. aluminium may result in the accumulation of other metals such as cadmium. Positive and negative correlations between a specific metal and different tissue types have also been observed and it appears that there are movement of metals between tissue types. Positive correlation for essential metals between yolk and other tissue have been observed, although no correlations for non-essential metals were observed. This could potentially indicate a mechanism that prevents the accumulation of nonessential metals in embryos. Though no metallothioneins were isolated form the liver, the presence of cadmium in other proteins indicate that that cadmium is substituted for essential metals, and as this may result in deleterious physiological effects, further studies should be conducted. In conclusion it can be said that although some of the results were expected there are still quite a few unanswered question and further studies should be conducted.
- Full Text:
- Date Issued: 2004
- Authors: Erasmus, Christina Petronella
- Date: 2004
- Subjects: Sharks -- South Africa -- Effect of metals on , Marine pollution -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:11085 , http://hdl.handle.net/10948/328 , Sharks -- South Africa -- Effect of metals on , Marine pollution -- South Africa
- Description: The southeastern coast of South Africa is deemed unpolluted and with the exception of a few localized areas, is believed to be pristine. This study aimed to (1) assess the concentration of metals in the water and sharks (Squalus megalops, Mustelus mustelus) from different sites along the southeastern coast, (2) determine the effects that metals have on each other and investigate the accumulation and storage of metals in different shark tissues, (3) determine the effects of length and sex on metal concentration and the presence of metallothioneins in the liver. Metal concentrations in water from seven sites along the southeastern coast revealed concentrations below the detection limit of the extraction method, except for iron at St. Francis Bay which was below the recommended levels as supplied by DWAF. Met al concentrations in S. megalops from the seven sites revealed significantly elevated levels in individuals from Algoa and St. Francis Bay when compared to the other 5 sites. This was observed for all metals except manganese, which had a higher concentration at Cape Agulhas. After comparing the metal levels in muscle tissue (S. megalops) with data from the Department of Health it was concluded that the sharks caught at Algoa and St. Francis Bay were unsuited for human consumption. Liver and vertebral tissues from both S. megalops and M. mustelus were deemed unsuited for human consumption but further research should be conducted especially on vertebral metal concentrations. Comparing the metal concentration in different tissue types of S. megalops and M. mustelus significant difference were observed and attributed to differences in the maturity (thus age) of the two species. Significant differences in the metal concentration of males and females for both the species were observed. A higher number of differences were however observed in M. mustelus than in S. megalops, most probably due to the differences in maturity. Length and weight vs. metal concentration regressions in the males and females of both species revealed more negative than positive trends. This was found to be in accordance with other studies from around the world. Using the life stages of S. megalops, significant differences in the average concentration of metals were observed between the life stages, with embryos usually having the highest concentration. The metal concentration series determined for S. megalops were similar to that which have been reported in the literature in that iron and zinc occupied the highest concentration positions while cadmium, copper and manganese occupied the last three. The spleen usually had the highest metal concentration except for aluminium in skin and arsenic in muscle tissue. Pearson correlation revealed significant negative correlations between cadmium and the mentioned metals suggesting that cadmium replaces essential metals such as manganese, iron and copper as. Negative correlations between essential metals were observed most probably due to the competition for binding positions on ligands. Positive correlations were observed between metals in sp ecific tissue types and may be indicative of synergistic effects, e.g. aluminium may result in the accumulation of other metals such as cadmium. Positive and negative correlations between a specific metal and different tissue types have also been observed and it appears that there are movement of metals between tissue types. Positive correlation for essential metals between yolk and other tissue have been observed, although no correlations for non-essential metals were observed. This could potentially indicate a mechanism that prevents the accumulation of nonessential metals in embryos. Though no metallothioneins were isolated form the liver, the presence of cadmium in other proteins indicate that that cadmium is substituted for essential metals, and as this may result in deleterious physiological effects, further studies should be conducted. In conclusion it can be said that although some of the results were expected there are still quite a few unanswered question and further studies should be conducted.
- Full Text:
- Date Issued: 2004
The consultation and other requirements of dismissal for operational reasons
- Authors: Dyakala, Maynard
- Date: 2004
- Subjects: Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11040 , http://hdl.handle.net/10948/344 , Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Description: Our employment law which originates from the common principles has in recent years undergone significant changes. Under common law the employers and employees capacity to regulate their relationship has always been limited. The recommendations of the Wiehahn Commission introduced amendments to the Labour Relations Act of 1956. The introduction of the unfair labour practice concept and the establishment of the Industrial Court was a direct consequence of the recommendation of the Wiehahn Commission. The Industrial Court together with the higher courts developed new principles regarding unfair labour practices. In the process, a wealth of unfair labour practice jurisprudence was developed by these courts. However, the unfair labour practice definition did not include dismissals. The coming into power of the democratic government played an important role in transforming our labour law system. After the Labour Relations Act 66 of 1995 was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of our law of dismissals. The South African labour market has in the past years been characterised by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by the employees and unions in our courts. Section 189 of the Labour Relations Act of 1995 stipulates procedures to be followed by an employer when contemplating dismissal of one or more employees for reasons based on operational requirements. The employer does not only have to follow the procedures set out in section 189 to render dismissals for operational reasons fair, but there must also be a valid reason to dismiss. The courts have always not been willing to second-guess the employer’s decision to retrench provided that the decision is made in good faith. Whilst section 189 deals with small-scale retrenchments, section 189A applies to large-scale retrenchments. These are employers who employ more than 50 employees and who contemplate retrenchment of more than the number of employees provided for in section 189(1)(a) or (b). Section 189A also introduced a facilitation process to be conducted in terms of regulations made by the Minister of Labour. The amendments to section 189 should be seen as an attempt to tighten the procedural aspect of retrenchments. The new law on retrenchments is a product of tough negotiations between the social partners at NEDLAC in which compromises were reached. There are still certain areas of concern to both labour and business. In those areas in which uncertainty still exists, the courts will be required to provide some guidance.
- Full Text:
- Date Issued: 2004
- Authors: Dyakala, Maynard
- Date: 2004
- Subjects: Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11040 , http://hdl.handle.net/10948/344 , Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Description: Our employment law which originates from the common principles has in recent years undergone significant changes. Under common law the employers and employees capacity to regulate their relationship has always been limited. The recommendations of the Wiehahn Commission introduced amendments to the Labour Relations Act of 1956. The introduction of the unfair labour practice concept and the establishment of the Industrial Court was a direct consequence of the recommendation of the Wiehahn Commission. The Industrial Court together with the higher courts developed new principles regarding unfair labour practices. In the process, a wealth of unfair labour practice jurisprudence was developed by these courts. However, the unfair labour practice definition did not include dismissals. The coming into power of the democratic government played an important role in transforming our labour law system. After the Labour Relations Act 66 of 1995 was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of our law of dismissals. The South African labour market has in the past years been characterised by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by the employees and unions in our courts. Section 189 of the Labour Relations Act of 1995 stipulates procedures to be followed by an employer when contemplating dismissal of one or more employees for reasons based on operational requirements. The employer does not only have to follow the procedures set out in section 189 to render dismissals for operational reasons fair, but there must also be a valid reason to dismiss. The courts have always not been willing to second-guess the employer’s decision to retrench provided that the decision is made in good faith. Whilst section 189 deals with small-scale retrenchments, section 189A applies to large-scale retrenchments. These are employers who employ more than 50 employees and who contemplate retrenchment of more than the number of employees provided for in section 189(1)(a) or (b). Section 189A also introduced a facilitation process to be conducted in terms of regulations made by the Minister of Labour. The amendments to section 189 should be seen as an attempt to tighten the procedural aspect of retrenchments. The new law on retrenchments is a product of tough negotiations between the social partners at NEDLAC in which compromises were reached. There are still certain areas of concern to both labour and business. In those areas in which uncertainty still exists, the courts will be required to provide some guidance.
- Full Text:
- Date Issued: 2004
The development of a business model for a non-profit organisation in Port Elizabeth : a case study
- Authors: Inman, Lydia Alice Annabel
- Date: 2004
- Subjects: Nonprofit organizations -- Planning , Business planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10868 , http://hdl.handle.net/10948/216 , Nonprofit organizations -- Planning , Business planning
- Description: Non-profit organisations are a niche sector of the service industry, which is increasing worldwide. This entails more competition for funding and a need for such organisations to adopt a management approach that is more akin to business, in order that the organisation will operate as effectively and efficiently as possible. Unlike business whose goal is to be profitable, the aim of non-profit organisations is to render a service to the community. Therefore, incorporating business principles into the management of the organisation is often in conflict with its aims. Furthermore, while the organisation’s donors want sound management, they want funding to be used for the recipients of the service and not for administration and salaries that help to ensure good governance. This study involved one such non-profit organisation that has been compelled to conform to management criteria as prescribed by the South African, Department of Social Development, in order to continue receiving the annual subsidies for salaries and running costs. This has meant various adjustments to the organisation’s operations including increased administration, the completion of an annual business plan and a change in emphasis to the service delivery. Through increased communication, the interviewees achieved greater consensus as to what business features were important for the effective management of the organisation. In addition, the development of a business model for a non-profit organisation was viewed as relevant, as it could assist in showing the stakeholders how the organisation operates. This would be particularly appropriate to its donors from business, who themselves use and understand such models and would see this development as a further move towards managing the organisation according to business principles.
- Full Text:
- Date Issued: 2004
- Authors: Inman, Lydia Alice Annabel
- Date: 2004
- Subjects: Nonprofit organizations -- Planning , Business planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10868 , http://hdl.handle.net/10948/216 , Nonprofit organizations -- Planning , Business planning
- Description: Non-profit organisations are a niche sector of the service industry, which is increasing worldwide. This entails more competition for funding and a need for such organisations to adopt a management approach that is more akin to business, in order that the organisation will operate as effectively and efficiently as possible. Unlike business whose goal is to be profitable, the aim of non-profit organisations is to render a service to the community. Therefore, incorporating business principles into the management of the organisation is often in conflict with its aims. Furthermore, while the organisation’s donors want sound management, they want funding to be used for the recipients of the service and not for administration and salaries that help to ensure good governance. This study involved one such non-profit organisation that has been compelled to conform to management criteria as prescribed by the South African, Department of Social Development, in order to continue receiving the annual subsidies for salaries and running costs. This has meant various adjustments to the organisation’s operations including increased administration, the completion of an annual business plan and a change in emphasis to the service delivery. Through increased communication, the interviewees achieved greater consensus as to what business features were important for the effective management of the organisation. In addition, the development of a business model for a non-profit organisation was viewed as relevant, as it could assist in showing the stakeholders how the organisation operates. This would be particularly appropriate to its donors from business, who themselves use and understand such models and would see this development as a further move towards managing the organisation according to business principles.
- Full Text:
- Date Issued: 2004
The development of a geographic information system (GIS) as a mariculture sector planning tool in South Africa
- Authors: Shiran-Klotz, Imran
- Date: 2004
- Subjects: Geographic information systems -- South Africa , Fishery management -- Geographic information systems -- South Africa , Mariculture -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5337 , http://hdl.handle.net/10962/d1005870 , Geographic information systems -- South Africa , Fishery management -- Geographic information systems -- South Africa , Mariculture -- South Africa
- Description: The South African coastline has a high potential for mariculture development, particularly in land-based systems, due to excellent water quality, good infrastructure, and relatively cheap land in certain areas. Development of mariculture however, has been slow primarily due to the absence of a national sector development plan to coordinate contribution to development by government, industry and academia. Recent mariculture development plans however, supported by government commitment to stimulate coastal development, offers new opportunity for the sector's growth. These new sector development plans require a multi-disciplinary intensive information base with a strong regional and national spatial component. Geographic Information System (GIS) is a spatial analytical tool, which is capable of handling such large coastal databases and analysing them. Nevertheless, many mariculture GIS planning applications, often developed in isolation and with limited practical use for decision makers, highlighted the need to develop GIS in relation to the mariculture sector development plan. Hence, the aim of this study was to develop and evaluate a GIS for the national and regional mariculture sector planning process in South Africa, in order to identify potentially suitable areas along the South African coastline for mariculture operations. The GIS development in this study was based on the mariculture planning approach developed by PAP/RAe (1996), which recognizes the variations of scales in mariculture planning. Three case studies, representing the diversity of the South African sector plan, were selected to develop the GIS. They included: a national suitability analysis for all land-based culture systems, a specific national analysis on abalone ranching, and a detailed regional analysis of land-based culture and abalone ranching along the Namaqualand coastline. The GIS was developed separately for each case study based on a strategy consisting of six main phases, including: identification of project requirements, developing analytical framework, selection and location of data sources, organization and manipulation of data, analysing data and verifying and evaluation of the outputs. Biophysical, coastal use, and infrastructure criteria were collected, sorted and analysed to identify development constraints. Based on a set of conditions, and Boolean logic and arithmetic operations, unsuitable areas were identified and eliminated. Main constraints for national land-based development included competition over space along KwaZuluNatal Province coastline and restricted access to the coast along the south region of the Northern Cape Province, Wild Coast along the Eastern Cape Province, and Maputaland along KwaZulu-Natal Province. Ten areas along the country coastline were therefore identified as potentially suitable for land-based mariculture. Furthermore, South African abalone ranching potential was found to be limited mostly along the Western and Northern Cape Province's coastline due to the high risk of Paralytic Shellfish Poison (PSP) occurrences, alternative resource use and activities such as commercial fishery, poaching, and conservation. Hence, a total of nine areas along the Northern Cape, Western Cape, and Eastern Cape coastlines were identified as premier areas for abalone ranching. The regional study along the Namaqualand coastline revealed potential conflict between mining activity and mariculture development due to security issues and restricted access to the coast. Land-based mariculture development was confined to the four main coastal urban areas. The highest potential for land-based mariculture was along Port Nolloth and Kleinsee coastlines, whereas marine-based (i.e. abalone ranching) potential was poor along the north part of the coast due to intense marine mining activities, restricted access to the coast, and low kelp bed density. High potential abalone ranching areas were identified south to Kleinsee, and around Port Nolloth. Potential conflict with marine mining activity was minimal since it was localised and not related to kelp bed locations. It was concluded that GIS is a relevant and compatible tool for South African mariculture sector planning. However, future development of GIS as integrated planning tool in mariculture and coastal planning, requires updated spatial data (e.g. recreational activity), and continued interaction among project planners, mariculture specialists and GIS analysts.
- Full Text:
- Date Issued: 2004
- Authors: Shiran-Klotz, Imran
- Date: 2004
- Subjects: Geographic information systems -- South Africa , Fishery management -- Geographic information systems -- South Africa , Mariculture -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:5337 , http://hdl.handle.net/10962/d1005870 , Geographic information systems -- South Africa , Fishery management -- Geographic information systems -- South Africa , Mariculture -- South Africa
- Description: The South African coastline has a high potential for mariculture development, particularly in land-based systems, due to excellent water quality, good infrastructure, and relatively cheap land in certain areas. Development of mariculture however, has been slow primarily due to the absence of a national sector development plan to coordinate contribution to development by government, industry and academia. Recent mariculture development plans however, supported by government commitment to stimulate coastal development, offers new opportunity for the sector's growth. These new sector development plans require a multi-disciplinary intensive information base with a strong regional and national spatial component. Geographic Information System (GIS) is a spatial analytical tool, which is capable of handling such large coastal databases and analysing them. Nevertheless, many mariculture GIS planning applications, often developed in isolation and with limited practical use for decision makers, highlighted the need to develop GIS in relation to the mariculture sector development plan. Hence, the aim of this study was to develop and evaluate a GIS for the national and regional mariculture sector planning process in South Africa, in order to identify potentially suitable areas along the South African coastline for mariculture operations. The GIS development in this study was based on the mariculture planning approach developed by PAP/RAe (1996), which recognizes the variations of scales in mariculture planning. Three case studies, representing the diversity of the South African sector plan, were selected to develop the GIS. They included: a national suitability analysis for all land-based culture systems, a specific national analysis on abalone ranching, and a detailed regional analysis of land-based culture and abalone ranching along the Namaqualand coastline. The GIS was developed separately for each case study based on a strategy consisting of six main phases, including: identification of project requirements, developing analytical framework, selection and location of data sources, organization and manipulation of data, analysing data and verifying and evaluation of the outputs. Biophysical, coastal use, and infrastructure criteria were collected, sorted and analysed to identify development constraints. Based on a set of conditions, and Boolean logic and arithmetic operations, unsuitable areas were identified and eliminated. Main constraints for national land-based development included competition over space along KwaZuluNatal Province coastline and restricted access to the coast along the south region of the Northern Cape Province, Wild Coast along the Eastern Cape Province, and Maputaland along KwaZulu-Natal Province. Ten areas along the country coastline were therefore identified as potentially suitable for land-based mariculture. Furthermore, South African abalone ranching potential was found to be limited mostly along the Western and Northern Cape Province's coastline due to the high risk of Paralytic Shellfish Poison (PSP) occurrences, alternative resource use and activities such as commercial fishery, poaching, and conservation. Hence, a total of nine areas along the Northern Cape, Western Cape, and Eastern Cape coastlines were identified as premier areas for abalone ranching. The regional study along the Namaqualand coastline revealed potential conflict between mining activity and mariculture development due to security issues and restricted access to the coast. Land-based mariculture development was confined to the four main coastal urban areas. The highest potential for land-based mariculture was along Port Nolloth and Kleinsee coastlines, whereas marine-based (i.e. abalone ranching) potential was poor along the north part of the coast due to intense marine mining activities, restricted access to the coast, and low kelp bed density. High potential abalone ranching areas were identified south to Kleinsee, and around Port Nolloth. Potential conflict with marine mining activity was minimal since it was localised and not related to kelp bed locations. It was concluded that GIS is a relevant and compatible tool for South African mariculture sector planning. However, future development of GIS as integrated planning tool in mariculture and coastal planning, requires updated spatial data (e.g. recreational activity), and continued interaction among project planners, mariculture specialists and GIS analysts.
- Full Text:
- Date Issued: 2004
The development of a human resource model that supports the establishment of an ethical organisational culture
- Authors: Mey, Michelle Ruth
- Date: 2004
- Subjects: Corporate culture , Business ethics , Personnel management
- Language: English
- Type: Thesis , Doctoral , DTech (Human Resource Management)
- Identifier: vital:10869 , http://hdl.handle.net/10948/218 , Corporate culture , Business ethics , Personnel management
- Description: Corruption and unethical management is a legitimate global economic concern as it can have a direct and substantial impact on the longevity and the economic success of an organisation, an industry and a country. As a result of individuals having more readily available access to information, much attention has been given to unethical behaviour and organisational ethical violations over the last decade. Recent events have indicated that business ethics is an organisational concern with mammoth implications for business. For example, Esterhuyse (1999, p. 27) reports that South Africa has lost astronomical amounts of money due to office or white-collar crime. Organisations’ attempts to become globally competitive will be hampered by the behaviour of employees who are unethical at work. Therefore, it is imperative that organisations implement measures to increase ethical awareness and behaviour in their employees. This research study deals with business ethics in the automotive cluster of the Eastern Cape Province and proposes a model that can assist an organisation in improving its ethical culture. The main question that this research study addressed was: To what extent do the strategies of human resource departments contribute to establishing and maintaining an ethical organisational culture? To answer the above question it was necessary to address the most universal characteristics of ethical organisations. To this end the role of the human resource department in attempting to develop and sustain an ethical organisational culture is discussed. Thereafter, various ethical models are outlined and evaluated. Lastly, the proposed ethical model for establishing an ethical organisational culture is presented. Based on the theoretical findings of the literature survey which outlined the characteristics of ethical organisations and the interventions required to improve the ethical functioning of an organisation, a questionnaire was developed and distributed to organisations within the automotive cluster in the Eastern Cape Province. The empirical results obtained from the survey indicated dominant consensus regarding the model (see Chapter Four). The main findings from this research are that 74.7 per cent of organisations that participated in the empirical study had implemented a code of ethics. However, the majority of these organisations had not implemented the identified critical and optional interventions (see to Chapter Four) required to operate as an ethical organisation. The study also revealed that 49.4 per cent of respondents believed that the human resource manager is responsible for organising and coordinating an ethical initiative within the organisation. Respondents in this study stated that the benefits of operating ethically are the improved financial position of the organisation (76.5 per cent), the enhanced morale of employees (95.3 per cent), positive stakeholder perception (93 per cent), better long-term strategic sustainability (94.3 per cent) and superior social responsibility (85.9 per cent).
- Full Text:
- Date Issued: 2004
- Authors: Mey, Michelle Ruth
- Date: 2004
- Subjects: Corporate culture , Business ethics , Personnel management
- Language: English
- Type: Thesis , Doctoral , DTech (Human Resource Management)
- Identifier: vital:10869 , http://hdl.handle.net/10948/218 , Corporate culture , Business ethics , Personnel management
- Description: Corruption and unethical management is a legitimate global economic concern as it can have a direct and substantial impact on the longevity and the economic success of an organisation, an industry and a country. As a result of individuals having more readily available access to information, much attention has been given to unethical behaviour and organisational ethical violations over the last decade. Recent events have indicated that business ethics is an organisational concern with mammoth implications for business. For example, Esterhuyse (1999, p. 27) reports that South Africa has lost astronomical amounts of money due to office or white-collar crime. Organisations’ attempts to become globally competitive will be hampered by the behaviour of employees who are unethical at work. Therefore, it is imperative that organisations implement measures to increase ethical awareness and behaviour in their employees. This research study deals with business ethics in the automotive cluster of the Eastern Cape Province and proposes a model that can assist an organisation in improving its ethical culture. The main question that this research study addressed was: To what extent do the strategies of human resource departments contribute to establishing and maintaining an ethical organisational culture? To answer the above question it was necessary to address the most universal characteristics of ethical organisations. To this end the role of the human resource department in attempting to develop and sustain an ethical organisational culture is discussed. Thereafter, various ethical models are outlined and evaluated. Lastly, the proposed ethical model for establishing an ethical organisational culture is presented. Based on the theoretical findings of the literature survey which outlined the characteristics of ethical organisations and the interventions required to improve the ethical functioning of an organisation, a questionnaire was developed and distributed to organisations within the automotive cluster in the Eastern Cape Province. The empirical results obtained from the survey indicated dominant consensus regarding the model (see Chapter Four). The main findings from this research are that 74.7 per cent of organisations that participated in the empirical study had implemented a code of ethics. However, the majority of these organisations had not implemented the identified critical and optional interventions (see to Chapter Four) required to operate as an ethical organisation. The study also revealed that 49.4 per cent of respondents believed that the human resource manager is responsible for organising and coordinating an ethical initiative within the organisation. Respondents in this study stated that the benefits of operating ethically are the improved financial position of the organisation (76.5 per cent), the enhanced morale of employees (95.3 per cent), positive stakeholder perception (93 per cent), better long-term strategic sustainability (94.3 per cent) and superior social responsibility (85.9 per cent).
- Full Text:
- Date Issued: 2004
The development of a self-disintegrating core-body for use in an art bronze-casting foundry which employs the ceramic-shell investment technique
- Authors: Lomax, Lawrence Talbot
- Date: 2004
- Subjects: Sculpture -- Technique , Bronze founding , Precision casting , Shell molding (Founding)
- Language: English
- Type: Thesis , Doctoral , DTech
- Identifier: vital:8499 , http://hdl.handle.net/10948/219 , Sculpture -- Technique , Bronze founding , Precision casting , Shell molding (Founding)
- Description: The development of a disintegrating core-body for use in an art bronze foundry, which employs the ceramic shell investment process, begins with an investigation of four principal materials that will constitute the core formula. The specifications for the disintegration of the designed core-body formula fall within the parameters that are normally set and used in the ceramic shell art bronze casting process. The raison d’ être for the disintegrating formula is based on the premise that cement breaks down (spalling) after being subjected to heat above a certain temperature. It was shown that pure cement in the form of naked test bars 100 mm x 20 mm x 20 mm does indeed break down into separate pieces when fired to and above 9000C; where 9000C is the lowest recommended temperature required for sintering the ceramic shell investment mould. The addition of calcium carbonate to pure cement in the form of naked test bars, produced a more unified formula that did not break into separate pieces when fired to 9450C. However this combination of cement and calcium carbonate had a slow setting time of 12 hours and a shrinkage value of 2,3%, which were both above the parameters being sought for a quick-setting formula with a shrinkage value of below 1%. The combination of cement, plaster of paris and silica produced formulae that set within six hours and had shrinkage values of less than 1% but did not disintegrate within 72 hours. It was only after the addition of calcium carbonate to the these mixes that formulae resulted that set within six hours, had relatively low shrinkage values and showed signs of breaking up after 60 hours. It was further shown that by altering the ratios of cement, plaster of paris, calcium carbonate and silica, that the parameters for quick-setting formulae with shrinkage values of 1% and below, that also disintegrated within 55 hours, could be achieved. xvi It was also proved by subjecting these formulae to higher relative humidity conditions that the disintegrating times could be reduced and brought to below 48 hours. Selected formulae were then subjected to temperatures of between 9000C and 10000C. It was found that as the temperatures were increased so the disintegration times were reduced and were even further reduced under higher relative humidity conditions. It was found from the above experiments that the selected formula determined to be suitable in all respects as a disintegrating core-body was too difficult to remove from the hollow bronze cast when subjected to an actual bronze pour. Further experimentation using increased proportions of silica in the formula resulted in a final core-body that could be quickly and easily removed from its bronze cast as soon as the core-body had cooled to room temperature. The selected core-body formula (F21D) that was used in the final set of bronze casting procedures was found to function optimally when fired to a temperature of 9000C and could be quickly and easily removed from the bronze casts leaving a clean inner bronze surface, free from any remnants of the fired core. The document concludes by recording the delimitations and advantages of the final core-body formula F21D, as well as making recommendations based on these parameters for further study relating to disintegrating core-body formulations.
- Full Text:
- Date Issued: 2004
- Authors: Lomax, Lawrence Talbot
- Date: 2004
- Subjects: Sculpture -- Technique , Bronze founding , Precision casting , Shell molding (Founding)
- Language: English
- Type: Thesis , Doctoral , DTech
- Identifier: vital:8499 , http://hdl.handle.net/10948/219 , Sculpture -- Technique , Bronze founding , Precision casting , Shell molding (Founding)
- Description: The development of a disintegrating core-body for use in an art bronze foundry, which employs the ceramic shell investment process, begins with an investigation of four principal materials that will constitute the core formula. The specifications for the disintegration of the designed core-body formula fall within the parameters that are normally set and used in the ceramic shell art bronze casting process. The raison d’ être for the disintegrating formula is based on the premise that cement breaks down (spalling) after being subjected to heat above a certain temperature. It was shown that pure cement in the form of naked test bars 100 mm x 20 mm x 20 mm does indeed break down into separate pieces when fired to and above 9000C; where 9000C is the lowest recommended temperature required for sintering the ceramic shell investment mould. The addition of calcium carbonate to pure cement in the form of naked test bars, produced a more unified formula that did not break into separate pieces when fired to 9450C. However this combination of cement and calcium carbonate had a slow setting time of 12 hours and a shrinkage value of 2,3%, which were both above the parameters being sought for a quick-setting formula with a shrinkage value of below 1%. The combination of cement, plaster of paris and silica produced formulae that set within six hours and had shrinkage values of less than 1% but did not disintegrate within 72 hours. It was only after the addition of calcium carbonate to the these mixes that formulae resulted that set within six hours, had relatively low shrinkage values and showed signs of breaking up after 60 hours. It was further shown that by altering the ratios of cement, plaster of paris, calcium carbonate and silica, that the parameters for quick-setting formulae with shrinkage values of 1% and below, that also disintegrated within 55 hours, could be achieved. xvi It was also proved by subjecting these formulae to higher relative humidity conditions that the disintegrating times could be reduced and brought to below 48 hours. Selected formulae were then subjected to temperatures of between 9000C and 10000C. It was found that as the temperatures were increased so the disintegration times were reduced and were even further reduced under higher relative humidity conditions. It was found from the above experiments that the selected formula determined to be suitable in all respects as a disintegrating core-body was too difficult to remove from the hollow bronze cast when subjected to an actual bronze pour. Further experimentation using increased proportions of silica in the formula resulted in a final core-body that could be quickly and easily removed from its bronze cast as soon as the core-body had cooled to room temperature. The selected core-body formula (F21D) that was used in the final set of bronze casting procedures was found to function optimally when fired to a temperature of 9000C and could be quickly and easily removed from the bronze casts leaving a clean inner bronze surface, free from any remnants of the fired core. The document concludes by recording the delimitations and advantages of the final core-body formula F21D, as well as making recommendations based on these parameters for further study relating to disintegrating core-body formulations.
- Full Text:
- Date Issued: 2004
The development of a stress management model for staff at the National Health Laboratory Services (NHLS)
- Authors: Gxoyiya, Nandipha Tinny
- Date: 2004
- Subjects: Job stress -- South Africa -- Port Elizabeth , Medical technologists -- Job stress -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10859 , http://hdl.handle.net/10948/223 , Job stress -- South Africa -- Port Elizabeth , Medical technologists -- Job stress -- South Africa -- Port Elizabeth
- Description: The research problem addressed in this study, was to identify strategies that could be employed to reduce stress related problems in the workplace. As the business environment is increasingly subjected to fast changing forces which include increased competition, the pressure for quality and advanced technology, innovation, and an increase in the pace of doing business, the demands on employees have grown equally dramatically. It is therefore essential to develop strategies for managing stress to give employees the required additional energy to handle particularly difficult and stressful work situations. It is important that organisations provide the assistance and support on the issue of stress as part of their proactive approach to managing employee health and safety, by drawing up contingency plans, and to have the necessary infrastructure to deal with such problems. This study investigates the strategies that can be implemented in organisations to reduce stressful situations affecting employees. The information gleaned from the literature and empirical studies enabled the development of a model for stress management in the workplace.
- Full Text:
- Date Issued: 2004
- Authors: Gxoyiya, Nandipha Tinny
- Date: 2004
- Subjects: Job stress -- South Africa -- Port Elizabeth , Medical technologists -- Job stress -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:10859 , http://hdl.handle.net/10948/223 , Job stress -- South Africa -- Port Elizabeth , Medical technologists -- Job stress -- South Africa -- Port Elizabeth
- Description: The research problem addressed in this study, was to identify strategies that could be employed to reduce stress related problems in the workplace. As the business environment is increasingly subjected to fast changing forces which include increased competition, the pressure for quality and advanced technology, innovation, and an increase in the pace of doing business, the demands on employees have grown equally dramatically. It is therefore essential to develop strategies for managing stress to give employees the required additional energy to handle particularly difficult and stressful work situations. It is important that organisations provide the assistance and support on the issue of stress as part of their proactive approach to managing employee health and safety, by drawing up contingency plans, and to have the necessary infrastructure to deal with such problems. This study investigates the strategies that can be implemented in organisations to reduce stressful situations affecting employees. The information gleaned from the literature and empirical studies enabled the development of a model for stress management in the workplace.
- Full Text:
- Date Issued: 2004
The development of a toxicity database using freshwater macroinvertebrates, and its application to the protection of South African water resources
- Palmer, Carolyn G, Muller, Wilhelmine J, Gordon, Andrew K, Scherman, Patricia A, Davies-Coleman, Heather D, Pakhomova, L, de Kock, E
- Authors: Palmer, Carolyn G , Muller, Wilhelmine J , Gordon, Andrew K , Scherman, Patricia A , Davies-Coleman, Heather D , Pakhomova, L , de Kock, E
- Date: 2004
- Language: English
- Type: text , Article
- Identifier: vital:7073 , http://hdl.handle.net/10962/d1009528
- Description: There is a growing international trend towards the protection of freshwater resources from pollution by imposing instream guidelines and specified waste-discharge conditions. Current methods for devising freshwater quality guidelines are based on species sensitivity distributions (SSDs) that are used to identify pollutant concentrations, ensuring the protection of a modelled percentage of species (95% protection is a common goal). SSDs are derived from the toxicity test results of as many taxa as possible for each polluting substance. Waste-discharge licences can be for single substances, specified in terms of chemical concentrations, and derived in conjunction with instream guidelines; or for complex mixtures, specified in terms of toxic units. In both cases toxicity test results are the core data used. The emphasis on SSDs calls into question the species constituting the test populations. It is likely that SSDs based in part on the responses of local organisms will achieve superior site-specific ecological protection. Until the early 1990s, there were very few data on the tolerances of South African freshwater organisms. In the intervening decade, the Unilever Centre for Environmental Water Quality at Rhodes University has developed a toxicity database that, to date, records the responses of 21 South African freshwater taxa to 26 single-substance pollutants or mixtures. This is the most comprehensive database of South African toxicity responses available and has been used in the drawing up of methods and guidelines to protect water resources. This paper aims to make these data available and to describe applications of the data using selected case studies.
- Full Text:
- Date Issued: 2004
- Authors: Palmer, Carolyn G , Muller, Wilhelmine J , Gordon, Andrew K , Scherman, Patricia A , Davies-Coleman, Heather D , Pakhomova, L , de Kock, E
- Date: 2004
- Language: English
- Type: text , Article
- Identifier: vital:7073 , http://hdl.handle.net/10962/d1009528
- Description: There is a growing international trend towards the protection of freshwater resources from pollution by imposing instream guidelines and specified waste-discharge conditions. Current methods for devising freshwater quality guidelines are based on species sensitivity distributions (SSDs) that are used to identify pollutant concentrations, ensuring the protection of a modelled percentage of species (95% protection is a common goal). SSDs are derived from the toxicity test results of as many taxa as possible for each polluting substance. Waste-discharge licences can be for single substances, specified in terms of chemical concentrations, and derived in conjunction with instream guidelines; or for complex mixtures, specified in terms of toxic units. In both cases toxicity test results are the core data used. The emphasis on SSDs calls into question the species constituting the test populations. It is likely that SSDs based in part on the responses of local organisms will achieve superior site-specific ecological protection. Until the early 1990s, there were very few data on the tolerances of South African freshwater organisms. In the intervening decade, the Unilever Centre for Environmental Water Quality at Rhodes University has developed a toxicity database that, to date, records the responses of 21 South African freshwater taxa to 26 single-substance pollutants or mixtures. This is the most comprehensive database of South African toxicity responses available and has been used in the drawing up of methods and guidelines to protect water resources. This paper aims to make these data available and to describe applications of the data using selected case studies.
- Full Text:
- Date Issued: 2004
The development of turnaround strategies for the Calitzdorp Spa Tourism resort
- Authors: Holtzhausen, Beatrix
- Date: 2004
- Subjects: Corporate turnarounds -- Management , Health resorts -- South Africa -- Western Cape , Strategic planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8541 , http://hdl.handle.net/10948/225 , Corporate turnarounds -- Management , Health resorts -- South Africa -- Western Cape , Strategic planning
- Description: The objective of this study was to develop turnaround strategies for the Calitzdorp Spa Tourism Resort (herein after referred to as Calitzdorp Spa) to stop the performance decline and put it back on the road of recovery again. The development of turnaround strategies are dependent on establishing the cause of the performance decline and to enable management to plan effective and optimal strategies for the tourism resort focused on the recovery response. An analysis of various sources on strategic management models were undertaken to find a theoretical framework for the development of a strategic management model that could be applied to a tourism resort. The following model for the strategic management of a tourism resort was consequently developed and consists of the following main components: • Mission, objectives and stakeholders; • Strategic position; • Strategic choice; and • Strategic implementation. A second model for the Turnaround Process of a tourism resort was proposed to assist management in guiding the resort to recovery, consisting of two main phases, namely: • Turnaround situation; and the • Turnaround response. The research methodology followed included: • a literature survey to define the important concepts of tourism, resorts, strategic management and turnaround strategies; • a questionnaire survey to determine customer satisfaction at the Calitzdorp Spa; • telephone interviews to determine the marketing and positioning strategies of the Calitzdorp Spa; and • a focus group discussion session to determine the current situation at the resort and to plan future management strategies of the Calitzdorp Spa. Specific conclusions were made and specific actions recommended based on the results obtained.
- Full Text:
- Date Issued: 2004
- Authors: Holtzhausen, Beatrix
- Date: 2004
- Subjects: Corporate turnarounds -- Management , Health resorts -- South Africa -- Western Cape , Strategic planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8541 , http://hdl.handle.net/10948/225 , Corporate turnarounds -- Management , Health resorts -- South Africa -- Western Cape , Strategic planning
- Description: The objective of this study was to develop turnaround strategies for the Calitzdorp Spa Tourism Resort (herein after referred to as Calitzdorp Spa) to stop the performance decline and put it back on the road of recovery again. The development of turnaround strategies are dependent on establishing the cause of the performance decline and to enable management to plan effective and optimal strategies for the tourism resort focused on the recovery response. An analysis of various sources on strategic management models were undertaken to find a theoretical framework for the development of a strategic management model that could be applied to a tourism resort. The following model for the strategic management of a tourism resort was consequently developed and consists of the following main components: • Mission, objectives and stakeholders; • Strategic position; • Strategic choice; and • Strategic implementation. A second model for the Turnaround Process of a tourism resort was proposed to assist management in guiding the resort to recovery, consisting of two main phases, namely: • Turnaround situation; and the • Turnaround response. The research methodology followed included: • a literature survey to define the important concepts of tourism, resorts, strategic management and turnaround strategies; • a questionnaire survey to determine customer satisfaction at the Calitzdorp Spa; • telephone interviews to determine the marketing and positioning strategies of the Calitzdorp Spa; and • a focus group discussion session to determine the current situation at the resort and to plan future management strategies of the Calitzdorp Spa. Specific conclusions were made and specific actions recommended based on the results obtained.
- Full Text:
- Date Issued: 2004
The doctrine of duress in the law of contract and unjustified enrichment in South Africa
- Authors: Glover, Graham Brian
- Date: 2004
- Subjects: Contracts -- South Africa , Duress (Law) -- South Africa , Remedies (Law) -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3672 , http://hdl.handle.net/10962/d1003187 , Contracts -- South Africa , Duress (Law) -- South Africa , Remedies (Law) -- South Africa
- Description: This thesis analyses the doctrine of duress and its application in the law of contract and unjustified enrichment in South Africa. Following an initial examination of the historical development of the doctrine from its roots in Roman and Roman-Dutch law, the study focuses on the current legal position in the two areas of law under review, identifies the substantive and formal deficiencies in the current approach, and suggests, using comparative authorities, how the law might be developed. As far as the law of contract is concerned, after exposing the difficulties inherent in the current approach, and placing the doctrine in its proper context in the South African law of contract generally, it is argued that the duress doctrine finds its juridical basis in the principle of good faith. A more modern and coherent test for duress is then proposed: one that concentrates on the question whether an illegitimate threat was made, which induced a contract in that it left the other person no reasonable choice but to succumb to the proposal. Additionally, the need for South African contract law to recognise and deal with cases of economic duress is emphasised. The study then shifts to an examination of the position in situations where non-contractual performances have occurred under duress: cases that are decided in terms of the principles of the law of unjustified enrichment. The current position is reviewed, and it is shown that the approach to duress cases is substantially different to the approach that applies in contract. An attempt is made to reconcile this problem. From a structural perspective, the nature and application of the relevant enrichment action where a non-contractual performance is made under duress (the condictio indebiti) is also investigated, in the light of approaches to enrichment adopted in both Germany and England, in an attempt to make better sense of this enrichment action in the South African context. The study closes with an analysis of the various contractual, delictual and enrichment remedies that are available once a case of duress has been proved.
- Full Text:
- Date Issued: 2004
- Authors: Glover, Graham Brian
- Date: 2004
- Subjects: Contracts -- South Africa , Duress (Law) -- South Africa , Remedies (Law) -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3672 , http://hdl.handle.net/10962/d1003187 , Contracts -- South Africa , Duress (Law) -- South Africa , Remedies (Law) -- South Africa
- Description: This thesis analyses the doctrine of duress and its application in the law of contract and unjustified enrichment in South Africa. Following an initial examination of the historical development of the doctrine from its roots in Roman and Roman-Dutch law, the study focuses on the current legal position in the two areas of law under review, identifies the substantive and formal deficiencies in the current approach, and suggests, using comparative authorities, how the law might be developed. As far as the law of contract is concerned, after exposing the difficulties inherent in the current approach, and placing the doctrine in its proper context in the South African law of contract generally, it is argued that the duress doctrine finds its juridical basis in the principle of good faith. A more modern and coherent test for duress is then proposed: one that concentrates on the question whether an illegitimate threat was made, which induced a contract in that it left the other person no reasonable choice but to succumb to the proposal. Additionally, the need for South African contract law to recognise and deal with cases of economic duress is emphasised. The study then shifts to an examination of the position in situations where non-contractual performances have occurred under duress: cases that are decided in terms of the principles of the law of unjustified enrichment. The current position is reviewed, and it is shown that the approach to duress cases is substantially different to the approach that applies in contract. An attempt is made to reconcile this problem. From a structural perspective, the nature and application of the relevant enrichment action where a non-contractual performance is made under duress (the condictio indebiti) is also investigated, in the light of approaches to enrichment adopted in both Germany and England, in an attempt to make better sense of this enrichment action in the South African context. The study closes with an analysis of the various contractual, delictual and enrichment remedies that are available once a case of duress has been proved.
- Full Text:
- Date Issued: 2004