A Literacy Project with community members: Designing translanguaging storybooks for a multilingual community
- Authors: Senekal, Ischke
- Date: 2023-04
- Subjects: Literacy programs , Translanguaging (Linguistics) -- children's book , Multilingual -– society
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60916 , vital:69225
- Description: The purpose of this study was to establish a community-based literacy project that would design translingual storybooks accessible to all children and community members in terms of language, contextual relevance, and age appropriateness for a rural community in the Eastern Cape. Although multiple studies have been done worldwide, more research was needed on the impact community members thought it could have in South African society. This study's theoretical framework was drawn from Cen Williams's (1980) translanguaging. Williams (1980) viewed translanguaging as receiving information in one language (input) and relaying it in another language (output) to expand the competency of the two languages as well as ensure that deeper learning takes place (Wright & Baker, 2017). Translanguaging has evolved throughout the centuries. García and Wei (2014) describe it as a single repertoire that is being used since students integrate their languages and create a new language that they use to function in the world. A qualitative approach was used to answer the research question: "How can a translingual pedagogy enhance communicative repertories in designing community translingual storybooks?" A CPAR design was used to answer the research questions. Through workshops, focus groups, storyboards, and draw-and-talk, the researcher aimed to discover how a translingual pedagogy could enhance communicative repertoires by designing translingual storybooks. Lincoln and Guba's (1985) model of trustworthiness was used to guarantee trustworthiness by concentrating on credibility, transferability, dependability, confirmability, and reflexivity. Three main themes materialised from the data: using the mother tongue, isiXhosa, foundation to improve additional languages, interactive and structure-based strategies, and assets and drawbacks while creating resources with community members. The findings of this study indicated that multiple community members sometimes used their mother tongue to aid in the development of understanding additional languages, English and Afrikaans. They needed to learn the crucial roles they played in students' language development since they were the ones that could make those vital connections. The research participants needed an idea of the methods that could be used to design their translingual storybooks. They indicated that they wanted to work with other community members and wanted steps to follow to design these storybooks. The researcher had to present them with ideas of methods that fit their needs. The researcher knew that every study has assets and drawbacks depending on their view, the study's iii aims and goals, and the research question. It was found that the assets outweighed the drawbacks since the participants were an eager group of individuals. The research participants in this study come with a wide variety of knowledge about the needs of their community based on their experiences. They all have different job descriptions, but what brings them together is their desire to improve the community reading resources to improve their linguistic knowledge. The research participants designed the translingual storybooks at home and shared the data via WhatsApp. , Thesis (MEd) -- Faculty of Education, School for initial Teacher Education, 2023
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- Date Issued: 2023-04
A model for integrating user experience into Agile software development
- Authors: Manakaza, Mpile
- Date: 2023-04
- Subjects: Customer satisfaction , Agile development (Computer science) , South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60949 , vital:69295
- Description: The Agile software development methodology has progressed over time and has become the most popularly used methodology for many projects owing to its adaptable and advanced nature. Agile is an iterative and incremental method that supports project teams to maintain the growing demands of present-day organisations. In software development, it is imperative to build software that ensures a holistic user experience and meets requirements. Software Developers and User Experience Designers focus on users’ preferences and requirements while navigating an application through an approach called user-centred design (UCD). The purpose of Agile user-experience (UX) methods is to build user-centric software solutions using the Agile methodology. Literature indicates a scarcity of Agile-UX models to integrate user experience design processes effectively within Agile software development. Hence, the motivation for this study was to create a practical model for integrating user experience design processes into Agile software development for implementation by software development teams. Initially, the study defines the problem that formed the basis for the initiation of this research, followed by the research questions and objectives that are the fundamental portion of the development of this study. This study highlights the benefits and challenges of Agile-UX methods through a case study of Agile software development teams in South Africa. Furthermore, additional best practices are recommended. A survey questionnaire was distributed to software development teams to identify the various factors that lead to implementing Agile-UX methods. The distribution of the survey questionnaire supported the theoretical perspective of this study. Furthermore, Agile development (AD) and UCD are not easy to combine as UCD aims to understand users before software product development, and no activities are performed before development starts in AD. Lastly, a significant benefit is that user-centred software systems create and promote team collaboration and communication and, ultimately, successful software projects. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information and Communication Technology, 2022
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- Date Issued: 2023-04
A Protection of Personal Information Act Compliance Framework for the City of Tshwane’s Fresh Produce Market.
- Authors: Malepeng, Pheah Harold
- Date: 2023-04
- Subjects: Personal data protection , Agricultural marketing –- South Africa, City of Tshwane
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/61213 , vital:69804
- Description: The Protection of Personal Information Act of 2013 (POPIA) is a law drafted to regulate the processing of personal information in South Africa. Its provisions include but are not limited to the usage of personal information for marketing purposes. While it was announced that enforcement of the law would commence in July 2021, many organisations are still in the process of reorganising themselves to comply with this important piece of legislation. Although the Information Regulator’s guideline document is available for utilization, organisations are struggling to develop POPIA compliance frameworks tailored to their operational requirements. As stated in section 6.2.1 of the Information Regulator’s guideline document, the act calls for the appointment of the an Information Officer by organisations who is required to develop, implement, monitor and maintain a POPIA compliance, framework. With that stated, this study aims to reports about developing a POPIA compliance framework for the City of Tshwane’s Fresh Produce Market. The study’s primary objective was to develop a POPIA compliance framework for the City of Tshwane’s Fresh Produce Market (TFPM) as a collector and processor of personal information. The study had three sub-objectives which were achieved using three research methods, namely literature review, content analysis and semi-structured interviews. Through a literature review, conditions that should be adhered to in relation to collecting and processing personal information were identified. Shifting the focus to the second sub-objective, a vigorous content analysis was performed to investigate the TFPM’s current method of collecting and processing personal information. The process involved evaluating the TFPM’s SOPs, Service Level Agreement, License Agreement, and the city of Tshwane’s Information Communication Technology Framework using the Nexia POPIA checklist. The evaluation results revealed a huge non-compliance gap with regard iii to POPIA and personal information conditions. Post development of the POPIA framework the study embarked on an expert review process with the top management of the TFPM to assess their view on the developed POPIA compliance framework. , Thesis (MPhil) -- Faculty of Engineering, the Built Environment and Technology, School of Information Technology, 2023
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- Date Issued: 2023-04
A risk management model for commercial property development and investment in Ghana
- Authors: Asianoah, Rexford Kofi
- Date: 2023-04
- Subjects: Risk management , Commercial real estate , Investment -- Ghana
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60493 , vital:65633
- Description: Commercial property development and investment provide many benefits to individuals and governments around the globe; these include the generation of income for investors, employment, tax revenues, and contributions to a country‘s GDP. Yet commercial property development and investment projects involve construction, economic and management risks. A lack of effective risk assessment and management tools may lead to developers and investors incurring losses. To curtail such losses, this study sought to create a credible management model that can be used to assess and manage risks in Ghana‘s commercial property development and investment industry. An extensive literature review was done, covering all 12 identified study constructs: real estate trends and cycle, construction project management, outside advice/mentorship, spatial development, strategic factors, business management skills, PMBOK, PESTEL analysis, general management skills, governance structures, financial feasibility, professional feasibility, and risk management. Each construct was defined and operationalised. A positivistic philosophical approach was used, and quantitative approach was used to solicit data from the main respondents through the distribution of questionnaires to the target population sample. CB-SEM and SPSS version 24 were used to analyse data, SEM to test the positive relationships hypothesised between the identified variables and SPSS to analyse the demographic data. The major findings are that there is a lack of financial and professional feasibility analysis among respondents along the following factors: the PMBOK, real estate trends and cycles, general management, business management, strategic factors, spatial development, and PESTEL analysis. It was found that these factors have positive and favourable influences on CPDI projects. The study recommends that developers and investors do financial and professional feasibility studies before they embark on projects. This could improve project viability in commercial property development and investment. The study has contributed to the body of knowledge in CPDI sector by developing a new risk assessment/risk management model. , Thesis (PhD) -- Faculty of Engineering Built Environment and Technology, School of the built Environment, 2023
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- Date Issued: 2023-04
A strategic turnaround model for distressed properties
- Authors: Pitsiladi, Lesvokli N
- Date: 2023-04
- Subjects: Reorganization , Distressed properties
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60467 , vital:65603
- Description: The importance of commercial real estate is clearly shown by the role it plays, worldwide, in the sustainability of economic activities, with a substantial global impact when measured in monetary terms. This study responds to an important gap in the built environment and turnaround literature relating to the likelihood of a successful distressed commercial property financial recovery. The present research effort addressed the absence of empirical evidence by identifying a number of important factors that influence the likelihood of a successful distressed, commercial property financial recovery. Once the important factors that increase the likelihood of recovery have been determined, the results can be used as a basis for turnaround strategies concerning property investors who invest in distressed opportunities. A theoretical turnaround model concerning properties in distress, would be of interest to ‘opportunistic investing’ yield-hungry investors targeting real estate transactions involving ‘turnaround’ potential. Against this background, the main research problem investigated in the present research effort was as follows: Determine the important factors that would increase the likelihood of a successful distressed commercial property financial recovery. A proposed theoretical model was constructed and empirically tested through a questionnaire distributed physically and electronically to a sample of real estate practitioners from across the globe, and who had all been involved, directly or indirectly, with reviving distressed properties. An explanation was provided to respondents of how the questionnaire was developed and how it would be administered. The demographic information pertaining to the 391 respondents was analysed and summarised. The statistical analysis performed to ensure the validity and reliability of the results, was explained to respondents, together with a detailed description of the covariance structural equation modelling method used to verify the proposed theoretical conceptual model. vi The independent variables of the present research effort comprised; Obsolescence Identification, Capital Improvements Feasibility, Tenant Mix, Triple Net Leases, Concessions, Property Management, Contracts, Business Analysis, Debt Renegotiation, Cost-Cutting, Market Analysis, Strategic Planning and Demography, while the dependent variable was The Perceived Likelihood of a Distressed Commercial Property Financial Recovery. After analysis of the findings, a revised model was then proposed and assessed. Both validity and reliability were assessed and resulted in the following factors that potentially influence the dependent variables; Strategy, Concessions, Tenant Mix, Debt Restructuring, Demography, Analyse Alternatives, Capital Improvements Feasibility, Property Management and Net Leases while, after analysis, the dependent variable was replaced by two dependent variables; The Likelihood of a Distressed Property Turnaround and The Likelihood of a Distressed Property Financial Recovery. The results showed that Strategy (comprising of items from Strategic Planning, Business Analysis, Obsolescence Identification and Property Management) and Concessions (comprising of items from Concessions and Triple Net Leases) had a positive influence on both the dependent variables. Property Management (comprising of items from Business Analysis, Property Management, Capital Improvements Feasibility and Tenant Mix) had a positive influence on Financial Turnaround variable while Capital Improvements Feasibility (comprising of items from Capital Improvements Feasibility, Obsolescence Identification and Property Management) had a negative influence on both. Demography (comprising of items only from Demography) had a negative influence on the Financial Recovery variable. The balance of the relationships were depicted as non-significant. The present research effort presents important actions that can be used to influence the turnaround and recovery of distressed real estate. The literature had indicated reasons to recover distressed properties as having wide-ranging economic consequences for the broader communities and the countries in which they reside. The turnaround of distressed properties will not only present financial rewards for opportunistic investors but will have positive effects on the greater community and economy and, thus, social and economic stability. Vii With the emergence of the COVID-19 pandemic crisis, issues with climate change and sustainability, global demographic shifts, changing user requirements, shifts in technology, the threat of obsolescence, urbanisation, globalisation, geo-political tensions, shifting global order, new trends and different generational expectations, it is becoming more apparent that the threat of distressed, abandoned and derelict properties is here to stay, and which will present future opportunities for turnaround, distressed property owners, as well as future worries for urban authorities and municipalities dealing with urban decay. The study concluded with an examination of the perceived limitations of the study as well as presenting a comprehensive range of suggestions for further research. , Thesis (PhD) -- Faculty of Engineering, Built Environment and Information Technology, School of the built Environment, 2023
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- Date Issued: 2023-04
A systematic risk management model for construction project management: a case study of the new infrastructure project in the University of Mpumalanga
- Authors: Lukhele, Themba Mfanafuthi
- Date: 2023-04
- Subjects: Risk management , Construction industry -- Management , Infrastructure -- University of Mpumalanga
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60479 , vital:65609
- Description: The construction industry has become the significant player in the economy of many developed and developing countries in the world. The industry contributes to the Gross Domestic Product (GDP) and employment rate of many nations. As such, the industry is the engine for the economic development and growth across the world. Recently, African countries have received global attention due to its calls for massive infrastructure development and maintenance thereof. Accordingly, the South African government has adopted a National Infrastructure Development Plan (NIDP), which seeks not only to transform the economic landscape of the country, but also to support the integration of the African economies through infrastructure development. To ensure that the execution of these infrastructure projects is successfully delivered in terms of time, cost, and scope; project risk management in the construction industry has become an important area of interest in the execution and delivery of the infrastructure projects. However, the constantly increasing complexity and dynamics in the delivery of construction projects have serious effects on the risk management processes during the execution of the project. In practice, risk methods and techniques have proven to be unrealistic when using the traditional risk management approach in the context of the complexity and dynamic environments wherein construction projects are delivered. Worryingly, project management practitioners in engineering and construction projects still lack the holistic and systematic insight and understanding of construction projects when applying the risk management procedures in the complex and dynamic projects environments. As a result, there are growing reports of unsatisfactory delivery of construction projects in terms of time, cost, quality, and environmental objectives. In this regard, the call for embracing the systems thinking paradigm as the alternative approach that will provide more clarity in dealing with the complex management challenges and which will gradually substitute the traditional theoretical approach of dealing with construction project management, is becoming prominent. Against this background, this study uses a multiple case study approach to explore how a systematic risk management approach could be developed and applied towards successful delivery of construction projects, and subsequently to propose a systematic risk management model that is designed to depict and grasp the underlying complexities and dynamics embedded ix | P a g e in construction projects. The choice of the case study design is founded on its utility and appropriateness for in-depth investigations into phenomena in its context as well as its usefulness for exploratory studies. Therefore, to explore the risk management phenomenon in real-life settings, the unit of analysis in this study was based on three construction projects built in one of the new Institutions of Higher Learning in South Africa during the period between 2017 and 2019. Notwithstanding the unique characteristics of these projects, the complexity and dynamic environments of these projects also emanated from the facts that i) the successful delivery of the projects was a predecessor activity to the academic schedule and activities; ii) this was one of the first universities to be built by the democratic Republic of South Africa; and, iii) the construction contract used for the delivery of the construction projects is relatively new to the professionals in the country’s construction industry. This qualitative case study design has its backbone in the constructivism philosophical paradigm which is underpinned by the ontology that there are multiple realities as conceptualized, experienced, and perceived by the people in their real-life situations or natural settings. Accordingly, the construction professionals, projects’ documents as well as field work observations were purposively chosen as the essential and reliable methods of data collection for this case study. For analysis, a conventional content data analysis methodology was applied on the empirical data that was obtained from the multiple data sources to provide a clearer understanding of the contexts in which the risk management for construction projects is performed. Accordingly, a qualitative data analysis software system called MAXQDA was used to enable the performance of data coding, managing coding, and eventually the retrieving of the coded segments in a form of visual models and summary tables. Ultimately, the qualitative content analysis approach in this thesis was performed in terms of a ‘critical filter of thick description’ which involved a balanced approach between the deductive analysis and the inductive analysis processes. With the assistance of the MAXQDA, performing the multiple levels coding and analysis processes in this thesis has not only been efficient, but also more reliable. To shed insight into the empirical findings of the study, a hybrid theoretical framework has been applied in the discussion and interpretation of the findings. The theoretical framework of this study is underpinned by the complexity theory and the theory of systems engineering. The applicability of these theories in this study is essential in providing a x | P a g e systematic and logical explanation of the practices of risk management in construction projects and further helps to explain why particular events occurred in the processes of risk management. Eventually, the theoretical framework has enabled the designing and developing of a systematic risk management model that will assist in depicting and grasping the underlying complexities while supporting proactive decision making in the delivery of construction projects. To this end, this study has made several major contributions in three multiple folds in the body of knowledge. Firstly, this study makes theoretical contributions by developing an empirically underpinned systematic risk management model which provide more clarity on comprehending the multifaceted and complex risk factors embedded in construction projects. Secondly, the qualitative case study approach and the associated analysis methods thereof in this thesis provides novelty and lays the groundwork for future research and methodological replicability in another similar phenomenon elsewhere in the world. Thirdly, this study has gone some way towards expanding the understanding and the basis for managerial decision making in relation to front-end planning and proactive approach for risk management, and eventually to improve projects’ performances on cost, time, scope, and environmental sustainability. In this regard, the key practical implication for project management practitioners is that the adoption and embracing of the systematic and holistic thinking approach in the risk management processes could enhance the successful delivery of construction projects. In the literature, there is paucity and need for more research into the exploration and analysis of the integration and interplay between the systems engineering and complexity perspectives and the other knowledge areas in the PMBOK. In conclusion, this thesis therefore argues that to address the deficiencies in risk management practices during construction projects’ delivery, the solution requires a paradigm shift from the traditional linear approach which, by design, overlooks the complexities, non-linearity and interdependences of the elements that are underpinning and characterizing the nature of the contemporary construction projects. Therefore, this thesis supports the increasingly emerging debate on the discourse that the superior traditional and linear approaches do not solve the current problems, and as such they should be replaced with the systems and holistic thinking approach that will provide more clarity in dealing with the complex management challenges in contemporary construction projects. , Thesis (PhD) -- Faculty of Engineering, Built environment and Information Technology, School of the built Environment 2023
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- Date Issued: 2023-04
Academic resilience of engineering students: a case study
- Authors: Mapaling, Curwyn
- Date: 2023-04
- Subjects: Resilience (Personality trait) , Engineering students
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60775 , vital:67337
- Description: Extensive research has been done and much knowledge exists about academic resilience among youth in school contexts, but there is a lack of data and literature on academic resilience at university level. This knowledge gap is especially critical in disciplines such as engineering, where student dropout rates have historically been high. In 2017, a redesigned engineering degree qualification, the Bachelor of Engineering Technology, was introduced at South African universities. This case study explored the academic resilience of the first cohort of final-year Bachelor of Engineering Technology students at Nelson Mandela University. Mixed methods and multiple theories were employed, which allowed for the generation of rich data for this exploratory case study. In the quantitative phase, 66 students from Industrial, Civil, Electrical, Marine and Mechanical Engineering courses participated by completing a series of standardised psychometric measurement tools. Descriptive and inferential statistical analysis was conducted on the quantitative data collected from the measurement items. In the qualitative phase, 13 engineering students, 6 engineering lecturers and 6 support staff members were interviewed individually, to explore their perceptions and experiences of academic resilience. Qualitative data generated through the semi-structured interviews were analysed using thematic analysis. The findings suggested that staff and students perceive academic resilience differently. It also seems that staff wellbeing impacts the academic resilience of students, and the relationship between staff wellness and student academic resilience is suggested as a next step for research on the topic of academic resilience at university level, especially among courses with high drop-out rates like engineering. Although not generalisable, it appears that a variety of extracurricular support structures and initiatives and strong relationships between the higher education sector and engineering industries can contribute significantly to students' academic resilience. , Thesis (PhD) -- Faculty of Education, School of Post Graduate Education, 2023
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- Date Issued: 2023-04
Affirmative action and people with disabilities in the work place
- Authors: Mpambani, Ntombizodwa Rose
- Date: 2023-04
- Subjects: Affirmative action programs -- Law and legislation , People with disabilities , Work environment
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60685 , vital:66321
- Description: Worldwide and in South Africa, affirmative action has been extensively used both as a policy instrument and a means of social reparation and reform. This study focuses on compliance and monitoring for affirmative action for persons with disabilities in the South African workplace. Affirmative action is a transitory method of advancing equality. Constitutionally, it is acknowledged in South Africa that affirmative action in the form of substantive equality. This study explores whether or not employers utilize affirmative action in accordance with the Employment Equity Act. It also aims to evaluate how the Department of Employment and Labour and the courts implement affirmative action. The study considers the relevant literature available, statutes, and employment equality policies, as well as an evaluation of case law. In South Africa, individuals who have disabilities are one of the groups that the Employment Equity Act attempts to protect. People with disabilities are disadvantaged in the work arena, which has substantial psychological, social, and economic consequences. The government established the numerical target that employers must strive to achieve in the workplace. Consequently, it is essential to investigate further the obstacles that impede the employment of persons with disabilities including the physical accessibility of the environment and information, transportation, the attitudes of others (such as employers and co-employees), and the extra expenditures associated with managing a disability. The delivery, nature, and structure of an individual's education is one of the first determinants of socialization into society. There is a delicate relationship between poverty, disability, and social assistance programs that may have a substantial effect on the employment and job search of persons with disabilities. Interestingly, South Africa combines significant unemployment rates with effective social assistance programs. There are compelling economic, social, psychological, and political arguments for boosting the employment of those with disabilities. The policy of affirmative action is effective, but the study notes that the objectives have not yet been realized. The situation in South Africa is compounded by a variety of confusing circumstances, including substantial unemployment, strong social assistance, and disabled individuals with poor skill levels. The survey concluded that the majority of firms do not execute affirmative action appropriately and that enforcement is minimal. It is recommended that disabled workers and labour unions confront employers that do not comply with the Employment Equity Act. To guarantee that persons with disabilities are completely integrated into the workforce, proactive and constructive strategies must be used. It is the morally just and virtuous thing to do, not just for disabled people but for all people. , Thesis (LLM) -- Faculty of Law, School of School: Mercantile Law, 2023
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- Date Issued: 2023-04
An evaluation of the national minimum wage dispensation
- Authors: Masenya, Mogodi
- Date: 2023-04
- Subjects: Evaluation , Minimum wage -- distribution , South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60807 , vital:67833
- Description: After South Africa became a democratic country, there was a shift in the labour and employment sector. This led to introduction of new labour laws which would be in harmony with the constitutional dream and objectives. As such, the BCEA was introduced to bring about change to the basic conditions of employment. As a result of this, new minimum wages policies and laws were enacted. The wages were to be determined by the following means: first way was by means of bargaining council agreements, the second way by means of statutory council agreements, and the third way by means of sectoral determinations. The sectoral determinations policy was introduced through the BCEA. The BCEA through the ECC promulgated sectoral determinations which was aimed to establish minimum wages and conditions of employment for workers in the sectors deemed to be vulnerable. A minimum wage was firstly adopted in New Zealand and in European countries as early as the 19th century. This policy was then widely adopted after the establishment of the International Labour Organisation. The purpose or aim of a minimum wage is to protect workers against exploitatively low pay and to ensure a just and equitable share of the profits of work, thus creating a minimum living wage for all those that are employed and in need of such protection. Minimum wages are also often used as a policy tool to reduce poverty and inequality, including between men and women, by advocating for equal pay for work of equal value. Convention No. 131 and Recommendation No 135 are the key international conventions that determine minimum wage fixing. Convention No. 131 and Recommendation No. 135 seek to ensure that the minimum wage is set at a certain level that allows workers and their families to meet their needs. Article 4 of Convention No. 131 requires the creation and maintenance of machinery adapted to national conditions and requirements whereby minimum wages for groups of wage earners covered under article 1 can be fixed and adjusted from time to time. However, the situation of minimum wages differs between developed and developing countries. This raises a concern, more particularly, whether developing countries can be able to adopt the minimum wage policy. This research makes investigate the adoption of iv minimum wage policy in developed and developing countries, and how it affected their socio-economic status. On about 2018, South Africa enacted the National Minimum Wage Act. This Act was aimed at establishing a floor of minimum wage for all employees. This Act was intended to promote and protect vulnerable workers who were left out from the previous wage policies. The long-term aim of a minimum wage was to remove the problem of poverty pay, which exists when the earnings from paid work do not result in a living minimum wage and fail to push people out of poverty. When this Act was enacted, the national minimum wage floor was set at R20 per hour. However, in EPWP, Domestic Worker, and Farm workers had lower rates because they were regulated by other laws. Furthermore, there were challenges of non-compliance by employers. The national minimum wage policy as a socio-economic tool has had an impact on several levels of the economy. This policy has contributed to either alleviation or elevation of poverty and unemployment. Therefore, this study looks at the impact the minimum wage has had on these 2 aspects of life. The research provides a specific asymmetric data of the impact of the policy in all sectors throughout the time since this policy was adopted. It further shows how the minimum wage policy intervention has been affected by covid 19 pandemic. This empirical evidence is provided by way of charts and graphs to demonstrate the changes that has occurred. At the end of the treatise a conclusion on how this policy has affected the South African economy is reached. Furthermore, recommendations on how economic risks posed by the minimum wage policy can be reduced. , Thesis (LLM) -- Faculty of Law, School of Mercantile law, 2023
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- Date Issued: 2023-04
An investigation into the cybersecurity skills gap in South Africa
- Authors: De Jager, Michael
- Date: 2023-04
- Subjects: Criminal investigation , Information technology--Security measures -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60635 , vital:66247
- Description: The usage of the internet both in our daily lives and in the operations of organisations has grown significantly in modern society. However, there are also risks and vulnerabilities associated with this, thus cyber threats. Cybersecurity has been put in place to safeguard the internet from these cyber threats, yet there is an ever-growing concern regarding the implementation of cybersecurity, both globally and in South Africa. With the increase in cyber threats, there is a growing need and demand for IT professionals with the requisite cybersecurity skills and knowledge to combat and mitigate these threats. However, an ever-increasing cybersecurity skills gap has been identified both globally and in South Africa. Yet the specific cybersecurity skills demand, needs and challenges of IT professionals in South Africa are currently unknown. This study therefore investigated the cybersecurity skills demand, needs, and challenges of IT professionals in South Africa by reporting on IT professionals’ perceptions in this regard. An online questionnaire was used to gather information for this and was distributed to IT professionals using various online platforms. According to the findings of the study, there are several challenges such as lack of time, lack of funding and a lack of resources that South Africa must overcome in order to address the cybersecurity skills gap. From the survey results it was also found that neither tertiary institutions, nor organisations, nor the South African government are investing enough in cybersecurity skills development. Without the right cybersecurity skills set or investment in the development of cybersecurity skills, cyber threats will continue to increase and will potentially become more harmful to South African organisations and to the South African society at large. Furthermore, this study addresses the extent to which cybersecurity-related skills are required and currently used by IT professionals in South Africa to address the cybersecurity skills gap. Tertiary institutions, organisations and the South African government may benefit from this investigation as it could assist in the development of cybersecurity course work as well as national cybersecurity laws, legislations and policies. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information Technology, 2023
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- Date Issued: 2023-04
Changing anthropocentric ideology through a children’s storybook, tales of the Turtle
- Authors: Kenny, Lara-Jayne
- Date: 2023-04
- Subjects: Humanistic ethics , Children's picture books
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/61589 , vital:71382
- Description: This research study aims to produce ‘ecological art’ in the form of a children’s wordless picture book, that can be distributed to many schools in South Africa, bringing awareness to ocean conservation and the effects of the environmental crisis. To do this, a theoretical study has been conducted, synthesising numerous theoretical frameworks, to gather information to create an appropriate children’s picture book. The study first considers environmental philosophy, such as that presented by Spinoza and Naess for instance. At this point, focus also falls on how prevailing societal practices, spurred on by neoliberal capitalism, prevents caring approaches to nature. Then, there is also a scientific side to the study. Research on the Benguela and Agulhas currents of South Africa are offered, as an entry point to seeing how and what is being affected by climate change, also looking at the aquatic animals and their fates. Additionally, an analysis is made regarding representation of different types of megafaunas through forms of media throughout the ages, which helps with selecting which charismatic animals to feature in Tales of the Turtle. Thereafter, research is laid out regarding the relationship between westernised and indigenous teaching approaches. Here specific focus falls on Kenneth Mlungisi Ngcoza’s ‘third space’ and Helio Manuel García-Campos’s ‘interdisciplinary space.’ Finally, the design and illustrative techniques, such as the rule of thirds, line strength, and colour contrasts, are observed to produce an appropriate wordless picture book. South Africans’ relationships with books, access to books, and the relationships that South Africans have with westernised teaching, were also taken into consideration. The overall study is capped by the actual children’s storybook, Tales of the Turtle. , Thesis (MA) -- Faculty of Humanities, School of Music, Art and Design, 2023
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- Date Issued: 2023-04
Community participation in selected public schools of Komani, Eastern Cape
- Authors: Sondlo, Oyisa
- Date: 2023-04
- Subjects: Community participation , Common schools , Chris Hani District, Eastern Cape
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/61578 , vital:71379
- Description: This study is located in Mlungisi Township of Komani in the Eastern Cape - where the aim was to closely examine the role played by this community to build and govern its public schools. The study selected the three biggest schools in the area to examine how the community’s involvement in them has surfaced from their founding up to the present times. The study found that through these three schools, this community managed, under apartheid, to take initiative by mobilising itself for self-development by building these schools and infusing them with a liberation curriculum that was required for the conditions of oppression and resistance at the time. This community in essence turned the intentions of Bantu education around by using these schools as sites of alternative education that was delivered by its own activist teachers to conscientise the student youth about community struggles. Black people in this community used these schools as emancipatory spaces to connect student struggles with community struggles to build community power. In the post-apartheid epoch, much of these traditions and levels of community participation have dropped because of new precarious economies and labour conditions that keep the adult population busy. As a result, present-day community participation is not as politically intentional as it was under apartheid. Theoretically, the study applied Paulo Freire’s Critical Community Pedagogy. Methodologically, the study utilised critical qualitative oral histories and semi-structured interviews. , Thesis (MA) -- Faculty of Humanities, School of Governmental and Social Sciences, 2023
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- Date Issued: 2023-04
End-user requirements of an assistive technology for profoundly deaf parents with infants
- Authors: Mxhego, Zukile Bright
- Date: 2023-04
- Subjects: End-user computing , Assistive computer technology , Deaf parents
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60707 , vital:66373
- Description: As the number of deaf people in the world increases, the amount of parents who are deaf, is also growing. The world is increasingly relying on technology from which deaf parents can, and do, benefit significantly. Deaf parents are able to rely on available technology such as assistive technologies to overcome functional limitations. However, assistive technologies are often abandoned within a short period of time of being acquired. The abandonment of assistive technologies is believed to be due to a lack of proper elicitation of requirements. Therefore, the problem identified in this research is a lack of understanding of end-user requirements of an assistive technology for profoundly deaf parents with infants. A literature review together with logical argumentation was conducted and applied to identify and recommend a method suitable for eliciting end-user requirements for assistive technologies. Thereafter, an integrative literature review and thematic analysis was done to extract needs and challenges of profoundly deaf parents with infants, and group them according to themes that emerged. Finally, making use of the recommended method and the extracted needs and challenges of profoundly deaf parents with infants, twenty-eight end-user requirements of an assistive technology for profoundly deaf parents with infants were elicited. The twenty-eight elicited end-user requirements consist of eighteen end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants, and ten end-user requirements that express an overall goal/objective to be attained by profoundly deaf parents with infants when the assistive technology is designed and developed. To evaluate the elicited end-user requirements, only the eighteen end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants were considered. The evaluation was done by assessing both existing and emerging assistive technologies to understand the comprehensiveness of the eighteen elicited end-user requirements that express functions of an assistive technology for profoundly deaf parents with infants. , Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information and Communication Technology, 2023
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- Date Issued: 2023-04
Implementation of technological innovations within the South African construction industry
- Authors: Koopman, Kelly Leigh
- Date: 2023-04
- Subjects: Technological innovations , construction industry -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60960 , vital:69301
- Description: In South Africa the construction industry has grown by more than 15% per annum over the past five-years and the construction industry is facing several pressures to decrease costs, improve productivity and to develop a competitive edge in terms of quality of service and customer satisfaction. Faced with a growing demand for service delivery the industry must seek new and improved ways to stay competitive in this market space. By effectively analysing the construction market all role players within the AEC industry can adopt new trends and techniques being implemented by either their foreign counterparts or direct competitors. One of these trends within the industry is technological innovations; each designed to play a beneficial role in construction industry advancements. It is clear that our industry is moving forward at an alarming rate, yet our foreign counterparts seem to be one step ahead. Based on the 2010 Soccer World Cup it was clear that the South African AEC Industry had the ability to conform and deliver on world class infrastructure, yet we still seem to have a slow adoption rate surrounding technological innovations. Investigating the depth of knowledge based around the most popular technological innovations currently being implemented can provide a clear view as to what S.A industry role players see as potentially profitable within our marketplace and the steps that could be taken to provide further research pertaining to those technological innovations which are being overlooked. Establishing the most prominent barriers preventing technological adoption within the South African AEC Industry can effectively be compared with those faced by foreign counterparts to mirror their solutions to similar problems. Finally, by establishing whether resistance to a changing environment plays a vital role in the hindrance to technological adoption one can access the extent to which the AEC Industry may effectively change based on a projected industry time frame. , Thesis (MSc) -- Faculty of Engineering, the Built Environment and Technology, School of the Built Environment, 2023
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- Date Issued: 2023-04
Implementation of technological innovations within the South African construction industry
- Authors: Koopman, Kelly Leigh
- Date: 2023-04
- Subjects: Technological innovations , Design-build process (Construction industry) – South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60623 , vital:66245
- Description: In South Africa the construction industry has grown by more than 15% per annum over the past five-years and the construction industry is facing several pressures to decrease costs, improve productivity and to develop a competitive edge in terms of quality of service and customer satisfaction. Faced with a growing demand for service delivery the industry must seek new and improved ways to stay competitive in this market space. By effectively analysing the construction market all role players within the AEC industry can adopt new trends and techniques being implemented by either their foreign counterparts or direct competitors. One of these trends within the industry is technological innovations; each designed to play a beneficial role in construction industry advancements. It is clear that our industry is moving forward at an alarming rate, yet our foreign counterparts seem to be one step ahead. Based on the 2010 Soccer World Cup it was clear that the South African AEC Industry had the ability to conform and deliver on world class infrastructure, yet we still seem to have a slow adoption rate surrounding technological innovations. Investigating the depth of knowledge based around the most popular technological innovations currently being implemented can provide a clear view as to what S.A industry role players see as potentially profitable within our marketplace and the steps that could be taken to provide further research pertaining to those technological innovations which are being overlooked. Establishing the most prominent barriers preventing technological adoption within the South African AEC Industry can effectively be compared with those faced by foreign counterparts to mirror their solutions to similar problems. Finally, by establishing whether resistance to a changing environment plays a vital role in the hindrance to technological adoption one can access the extent to which the AEC Industry may effectively change based on a projected industry time frame. , Thesis (MSc) -- Faculty of Faculty of Engineering, the Built Environment and Technology, 2023
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- Date Issued: 2023-04
Inner-city regeneration in South Africa : a property development approach
- Authors: Chidzambwa, Overt
- Date: 2023-04
- Subjects: Regeneration -- South Africa , Real estate development
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60578 , vital:65894
- Description: Worldwide, the topic of inner-city decay and regeneration continues to attract a lot of attention from various parties and organisations. This is largely due to the fact that Central Business Districts (CBDs) remain the heartbeat of any city’s economic, social and political vibrancy. It therefore remains an ongoing process for the government and private stakeholders to keep on devising strategies aimed at revitalising the inner-city. The problem of urban decay is however experienced more in the developing third world and is characterised by high unemployment rates, high crime rates, depopulation, desolate-looking landscapes, abandonment of buildings, split families amongst others. Urban decay does not have one single cause, but rather a combination of many, including poor urban planning, redlining, poverty, suburbanization, and racial discrimination. These factors have resulted in urban sprawl as property owners preferred to migrate from the increasingly toxic social and economic environment that now became of the inner-city. The study seeks to investigate the current state of urban decay in South African CBDs with a case study of Gqeberha metro city, it also investigates current efforts and measures in place for regeneration and lastly, recommendations that have been put and continue to be put in place for inner-city regeneration. The state of inner-city infrastructure, property development finance options, town planning requirements and regulations and the investment case are other factors that have been investigated. Various other aspects of inner-city dynamics in the context of property development have been explored with findings from extensive literature review and structured interviews enabling the researcher to come up with recommendations for sustainable inner-city regeneration. , Thesis (MSBE) --Faculty of Engineering Built Environment and Information Technology, School of Built Environment and Civil Engineering, 2023
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- Date Issued: 2023-04
Legal aspects of fairtrade objectives and socio-economic development in South Africa
- Authors: Young, Lindsay
- Date: 2023-04
- Subjects: Law--Psychological aspects , Balance of trade , Socio-economic status -- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60901 , vital:69016
- Description: This dissertation aims to draw connections between Fairtrade and the socio-economic development objectives for South Africa in order to identify whether Fairtrade can contribute to socio-economic development in South Africa. In order to draw these connections, Fairtrade is examined in the context of the international trade system, Fairtrade is analysed in terms of socio-economic development in Africa, and the specific socio-economic development objectives for South Africa are outlined. Thereafter, in chapter 5, connections are drawn between Fairtrade and the socioeconomic development objectives for South Africa. Finally, the research is concluded by summarising the main finding of whether Fairtrade can contribute to socioeconomic development in South Africa, and setting out the key findings that were reached in answer to the sub-questions posed. This research is conducted by way of a literature review that draws from various research fields due to the nature of the socio-economic issues involved. The findings indicate that Fairtrade is sufficiently aligned to the socio-economic development objectives for South Africa to be used as a tool to contribute towards socio-economic development in South Africa. The research also suggests ways in which the connections between Fairtrade and South Africa’s socio-economic development objectives can be strengthened. , Thesis (LLM) -- Faculty of Law, School of Public Law, 2023
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- Date Issued: 2023-04
Marine spatial planning by the state as trustee of coastal public property
- Authors: Chasakara, Rachael Sharon
- Date: 2023-04
- Subjects: Marine spatial planning , State committee , Coastal Public Property
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60818 , vital:67845
- Description: The world is facing an unprecedented biodiversity crisis, endangering human wellbeing, human rights, and the future of life on Earth. This is because the state of the ocean is deteriorating due to increased human activities, which have resulted in the destruction of limited marine resources in terms of space, time, and quantity. Marine spatial planning (MSP) and the public trust doctrine are two concepts that have been proposed to address this ecological crisis. The relatively new notion of MSP has emerged as a comprehensive way to allocate ocean use in space and time to improve coordination and deliver a more sustainable use of the ocean space. While different States have utilised the public trust doctrine to manage trust resources for the exclusive benefit of their current and future citizens. The thesis examines the MSP process and the public trust doctrine in international law to determine international obligations that can be relied on to ensure State compliance at a domestic level. It was determined that MSP and the public trust doctrine are only implicit in certain international law instruments. The thesis further sets out to examine whether both approaches must be explicitly mentioned in binding international law instruments. The thesis is expected to determine whether the South African environmental law regime includes the public trust doctrine – expressly or impliedly. The public trust doctrine is not expressly provided for in the Constitution since section 24 contains an implicit duty. The implicit duty is a constitutional human rights imperative applicable to all environmental management statutes. The picture in South Africa’s environmental legislation differs because the public trust doctrine is expressly mentioned, albeit in different terminology in several environmental law statutes dealing with specific natural resources. However, the legislature failed to include an express public trust provision in the Marine Spatial Planning Act (MSPA). 1 The thesis then embarks on a journey of statutory interpretation. It examines the applicable canons of interpretation to determine whether the MSPA supports or contradicts the public trust doctrine. An implicit public trust duty was found in the MSPA. This exercise also led to the conclusion that the trusteeship clause in National Environmental Management: Integrated Coastal Management Act (NEM: ICMA) also applies in the same geographical area as the MSP Act. Moreover, there is no provision in NEM: ICMA requiring its provisions to be applied or read in accordance with MSP regulation. However, a thorough examination of the NEM: ICMA and MSPA provisions leads to the conclusion that there will be no conflict if both instruments are read together. The most significant finding of this thesis is that, due to the provisions of both statutes, the State, a trustee in NEM: ICMA, is also a trustee in the MSPA. Finally, the combination of MSP and the public trust doctrine in MSP regulation may have several positive impacts, which include useful intervention for the existential crisis that underpins South Africa’s maritime domain and the promotion of sustainable development of the ocean space for both current and future generations. MSP and the public trust doctrine should be used in tandem to ensure that the ocean space is developed sustainably for current and future generations. This thesis demonstrated that the ultimate impact of the State’s implementation of MSP on the relevant State actors is that they must constantly remind themselves of the full implications of their role as trustees of coastal public property to avoid violating their public trust duties. , Thesis (LLD) -- Faculty of Law, School of School of Public Law, 2023
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- Date Issued: 2023-04
Performance management of the academic staffs in Ugandan public and private universities
- Authors: Kansiime, Grace
- Date: 2023-04
- Subjects: Performance--Management , Academic staff , Higher education institutions -- Uganda
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60938 , vital:69246
- Description: This study, at the outset, seeks to assess the effectiveness of a performance management system (PMS) in determining the academic staffs‟ performance in teaching and research in selected Ugandan public and private universities. The participants of this study comprised full-time and parttime academic staffs from public and private universities located in the four regions in Uganda. The purposive sampling method was used to select the universities for this study. Convenient sampling was used to select the academic staffs in the universities. An online structured questionnaire collected quantitative data and analysed it using descriptive and inferential statistics. The quantitative analysis of the responses showed that many participants were made up of public university academic staffs, lecturers, assistant lecturers, master‟s degree holders and permanent fulltime staffs. Factor analyses were run for each section and sub-section within the questionnaire to explore the dimensionality of the scales and generate composite factor scores to be used for further analyses. While, internal consistency was examined using Cronbach‟s alpha. In addition, descriptive statistics for the factors within sections were determined. Pearson‟s correlation coefficients were calculated for each pair of factor scores for each section and sub-section to explore the relationships between the factors identified in this study. Additionally, the comparison of factor scores across selected demographic variables and independent samples t-tests for the equality of means was used to establish whether there were significant differences between the factor scores of various demographic variables. Finally, one-way ANOVAs were considered to compare the composite factor scores across various demographic variables. Factor score analysis showed that 44.9% of the academic staffs had a moderate attitude towards the PMS process; whereas 84.9% had a high attitude towards PA criteria and 64.2% had a high attitude towards PFPS. The results of the study suggest a high attitude of the academic staffs towards PA and PFP in teaching and research. In addition, the majority (78.0%) of the academic staffs had a high attitude towards their self-performance planning in their institution. The results of the study suggest a high level of self-performance planning of the academic staffs in teaching and research in the selected Ugandan HEIs. A reasonable number (45.4%) of the academic staffs from public universities and 49.1% from private universities had a high attitude towards supervisors‟ participation in performance planning and performance feedback. Moreover, 44.0% of the academic staffs from public universities and 66.7% of the academic staffs from private universities rated the workload as high. The results of the study suggest that the academic staffs‟ workload was high. In xx addition, factor score analysis showed that the academic staffs‟ performance rewards were low. Only 24.9% of the academic staffs had received more than 67% of the available rewards suggesting that the academic staffs‟ managers in the surveyed institutions did not use a variety of performance rewards to compensate for the academic staffs‟ performance. In addition, the average factor score for teaching skills was 94.8%, while perceived teaching abilities were 95.1% high on average. Besides, the factor score analysis results showed that teaching skills were 84.81% and 86.34%, respectively. Only 29.1% of the academic staffs from both public and private universities had high research skills. The results suggested that the academic staffs‟ teaching skills were high while their research skills were low. The findings thus suggested that the academic staffs in Ugandan public and private universities were highly involved in teaching activities, but their involvement in research activities was low. Similarly, results from testing hypotheses suggested that academic staffs in the surveyed Ugandan public and private universities rated PA criteria and PFPS higher than the PMS process. The study results indicated that self-performance planning and supervisors‟ involvement in performance feedback improved academic staffs‟ teaching skills. In contrast, performance planning, review, clarity on feedback, evaluation and rewards increased academic staffs‟ performance in perceived teaching abilities. In addition, an increase in the research workload contributed to an increase in the academic staffs‟ perception of their research knowledge and skills. The study made major conclusions regarding academic staffs‟ PM in Ugandan public and private universities. First, correlation results on performance planning and teaching skills and abilities for public and private universities were statistically significant (p < 0.001). Therefore, the study concludes that the academic staffs‟ performance planning in the selected Ugandan HEIs positively affected the academic staffs‟ performance in teaching. In addition, correlation results for supervisor involvement in feedback and teaching skills for both public and private universities were statistically significant (p < 0.001). Thus, the study concludes that supervisors‟ involvement in feedback improved academic staffs‟ performance in teaching skills. In addition, correlation results showed that performance reviews and teaching abilities were statistically significant for public universities (p=0.001), and (p=0.034) for private universities. Thus, the study concludes that the academic staffs‟ performance reviews improved academic staffs‟ teaching abilities in selected public and private universities. Equally, correlation results for performance evaluation and perceived teaching abilities for public universities was statistically significant (p< 0.001) for public universities, and (p=0.006) for private universities. Therefore, the study concludes that performance evaluation increased xxi teaching abilities of the academic staffs in both Ugandan public and private universities. In addition, rewards significantly impacted academic staffs‟ perceived teaching abilities in private universities. Correlation results for rewards and perceived teaching abilities for private universities was statistically significant (p< 0.011). Therefore, the study concludes that the more academic staffs were rewarded, the more they participated in setting, administering and marking tests, assisgnments and examinations, and adhering to deadlines set for administering tests and assignments. Similarly, the study made various recommendations to improve academic staffs‟ performance in teaching and research in Ugandan public and private universities. To achieve the required performance in teaching and research, the study recommends that the academic staffs be involved in the entire planning process to be aware of the required performance and the kind of results expected from their performance and work towards achieving the set performance in teaching and research. Additionally, performance reviews and feedback should be one-on-one discussions between the managers and the academic staffs to identify how far the staffs are performing towards the set goals. The study recommends that the academic staffs need information regarding their performance for feedback to be effective. In addition, the study recommends that the academic staffs‟ managers should increase financial and non-financial rewards to motivate the academic staffs to increase their performance in teaching. Correlation results showed that rewards had a significant impact on teaching abilities (p=0.011). Thus, rewards should as well be increased to improve academic staffs‟ teaching abilities. , Thesis (PhD) -- Faculty of Education, School of Research and Engagement, 2023
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- Date Issued: 2023-04
The enforcement of settlement of agreements and arbitration awards
- Authors: Thathoba, Portia Chwayita
- Date: 2023-04
- Subjects: Law enforcement , Settlements (Law) , Arbitration and award -- Law and legislation
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60696 , vital:66366
- Description: The Labour Relations Act (LRA) recognises settlement agreements and arbitration awards as mechanisms by which the rights of parties in troubled employment relationships can be asserted. Commission for Conciliation Mediation and Arbitration (CCMA) is a statutory body empowered to make and pronounce on such rights through settlement agreements and arbitration awards. The CCMA caters for those earning within the stipulated ministerial threshold falling outside the existing bargaining forums. However, not much empirical evidence is available to indicate the challenges experienced by parties when attempting to enforce those CCMA rulings to get defaulters to comply. South African law accepts settlement agreements as part of dispute resolution mechanism, but the experience of some who hold settlement agreements is such that they are exposed to prejudice when they are required to have the settlement agreement converted to arbitration awards which essentially requires alteration of the very settlement agreed upon. The broad objective of taking matters to the CCMA for resolution with the possibility of having them resolved at conciliation phase cannot be achieved if a settlement agreement is not worth the paper written on and must be made an arbitration award for enforceability. The two are not the same, nor should they be made to be and trying to give them a similar status for enforceability purposes brings about a myriad of unintended challenges. While it could be argued that there also exists section 158 (1) (c) of the LRA if the requirements of section 142A are challenging, it could also be said that such a provision is inaccessible to indigent individuals who may only be able to invoke that provision at the mercy of legal practitioners willing to take cases pro bono for those parties to even stand a chance at enforcing compliance with a settlement agreement that was entered into voluntarily. Such a system allows for employers to bail out on settlement agreements without consequence make a mockery of the CCMA. To a serious degree, this suggest lack of certainty on the part of CCMA and its ability to bring matters to finality which is an important element to realisation of justice. This study sought to examine the way settlement agreements and arbitration awards are enforced, with dedicated focus on the requirement that must be satisfied in order to have force and effect. With the above in mind, chapter one dealt with how settlement agreements and arbitration awards are given force and effect through the LRA as envisaged in section 142A. The chapter explored challenges brought by the enforcement process and what that may mean to the objectives intended by the legislation. Chapter two encapsulates the framework under which the CCMA operates and enforces its decisions, a framework envisaged to be less formal and non-legalistic for the expedient resolution of labour disputes. Chapter three touches on the challenges met with section 143 implementation and highlights some case law prior and after the LRA amendments. Lastly chapter four looked into the enforcement of international or foreign arbitration awards within the South African context given the affiliation with international organisations such as International Labour Organisation (ILO). While it may be good for South Africa to align herself with international practices, it is worth noting that South Africa is still developing in international arbitration as a mode of alternative dispute resolution, but its prevalence as a preferred dispute resolution mechanism is without a doubt increasing. , Thesis (LLM) -- Faculty of Law, School of Mercantile Law, 2023
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- Date Issued: 2023-04