The use of Police force in crowd management
- Authors: Moses, Andrew Paul
- Date: 2023-04
- Subjects: Law enforcement , Crowd control
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60660 , vital:66302
- Description: South Africa has a violent and oppressive past. They are various historical incidents1 of extreme cruelty perpetrated by the previous apartheid regime. Much of the modern South African democratic state was forged by protests. During the 1970s and 80s, the legislator by passing unjust laws was used to assist the government to maintain the oppression of the people of South Africa. From the Soweto uprising in the 1970s to the current service delivery protests of the 21st century, gatherings have always had the potential for deadly violence. The motivation for this research started with the emotions evoked by the iconic picture of the body of Hector Pietersen2 being carried after being shot by the police. Strikingly the images of the killing by the police of Andries Tatane conjured further questions concerning the use of deadly force within crowd management situations. The research undertook an analysis of the use of force by the police during crowd management situations. A brief analysis of South African law relating to the use of force by the police prior to 1996 is provided. There are legislative prescripts for the use of force during the maintenance of public order. It must be noted that the legislation falls short on providing clear, concise authority for the use of deadly force. Normally, the use of force by the police and civilians for the purpose of arrest is regulated by the Criminal Procedure Act3 , whereas the Regulation of Gatherings Act4 providing the authority for the use of force by the police in crowd management situations to preserve public order. At first glance, section 49 of the CPA seems to validate arguments that it violates some constitutionally protected rights, among which are the right to dignity, life, to freedom and security of the person, against cruel, inhuman or degrading treatment or punishment and to a fair trial, which includes the right to be presumed innocent. Section 49 however, withstood Constitutional muster as set out in Re: S v Walters & another. As the right to life is a non derogable right.5 The limitation of this right may lead to constitutional scrutiny. The emphasis will thus be on ensuring that the balance with regards to proportionality in the use of deadly force is maintained. During the research it became apparent that the police, especially during crowd management situations, served political interests.6 This had the unintended consequence that the laws were applied to suit the political narrative and not the rule of law. The use of force in the policing arena is controversial. It is very clear that any misuse of force in crowd management situations will evoke the historical wounds associated with apartheid. However, within crowd management, the use of force and the authority to use deadly force is absolutely necessary. The Marikana massacre was used to highlight the mistakes that police have made during inappropriate use of force and its catastrophic consequences.7 It was observed that the legislative framework concerning the use of force, whether under section 49 of the CPA or section 9 of the RGA, is incoherent and too complex. The research argues for simplicity and accuracy within policy and applicable legislative alignment. The linkages from the applicable legislation to the institutional policies should never be outdated or incorrectly formulated. The violent rhetoric from politicians such as ex-president Jacob Zuma, 8 Minister Fikile Mbalula 9 and Bheki Cele10 fuels the argument that the police are susceptible to misdirected notions and may cause the police act unlawfully. The Constitution requires the police to “enforce the law”11 and as such there is an obligation on the police to do this within the constitutional parameters. The correct use of deadly force will only be achieved if the SAPS adequately resource, train and regularly refresh their members regarding the use of force when policing protests. , Thesis (LLM -- Faculty of Law, School of Criminal and Procedural Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Moses, Andrew Paul
- Date: 2023-04
- Subjects: Law enforcement , Crowd control
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60660 , vital:66302
- Description: South Africa has a violent and oppressive past. They are various historical incidents1 of extreme cruelty perpetrated by the previous apartheid regime. Much of the modern South African democratic state was forged by protests. During the 1970s and 80s, the legislator by passing unjust laws was used to assist the government to maintain the oppression of the people of South Africa. From the Soweto uprising in the 1970s to the current service delivery protests of the 21st century, gatherings have always had the potential for deadly violence. The motivation for this research started with the emotions evoked by the iconic picture of the body of Hector Pietersen2 being carried after being shot by the police. Strikingly the images of the killing by the police of Andries Tatane conjured further questions concerning the use of deadly force within crowd management situations. The research undertook an analysis of the use of force by the police during crowd management situations. A brief analysis of South African law relating to the use of force by the police prior to 1996 is provided. There are legislative prescripts for the use of force during the maintenance of public order. It must be noted that the legislation falls short on providing clear, concise authority for the use of deadly force. Normally, the use of force by the police and civilians for the purpose of arrest is regulated by the Criminal Procedure Act3 , whereas the Regulation of Gatherings Act4 providing the authority for the use of force by the police in crowd management situations to preserve public order. At first glance, section 49 of the CPA seems to validate arguments that it violates some constitutionally protected rights, among which are the right to dignity, life, to freedom and security of the person, against cruel, inhuman or degrading treatment or punishment and to a fair trial, which includes the right to be presumed innocent. Section 49 however, withstood Constitutional muster as set out in Re: S v Walters & another. As the right to life is a non derogable right.5 The limitation of this right may lead to constitutional scrutiny. The emphasis will thus be on ensuring that the balance with regards to proportionality in the use of deadly force is maintained. During the research it became apparent that the police, especially during crowd management situations, served political interests.6 This had the unintended consequence that the laws were applied to suit the political narrative and not the rule of law. The use of force in the policing arena is controversial. It is very clear that any misuse of force in crowd management situations will evoke the historical wounds associated with apartheid. However, within crowd management, the use of force and the authority to use deadly force is absolutely necessary. The Marikana massacre was used to highlight the mistakes that police have made during inappropriate use of force and its catastrophic consequences.7 It was observed that the legislative framework concerning the use of force, whether under section 49 of the CPA or section 9 of the RGA, is incoherent and too complex. The research argues for simplicity and accuracy within policy and applicable legislative alignment. The linkages from the applicable legislation to the institutional policies should never be outdated or incorrectly formulated. The violent rhetoric from politicians such as ex-president Jacob Zuma, 8 Minister Fikile Mbalula 9 and Bheki Cele10 fuels the argument that the police are susceptible to misdirected notions and may cause the police act unlawfully. The Constitution requires the police to “enforce the law”11 and as such there is an obligation on the police to do this within the constitutional parameters. The correct use of deadly force will only be achieved if the SAPS adequately resource, train and regularly refresh their members regarding the use of force when policing protests. , Thesis (LLM -- Faculty of Law, School of Criminal and Procedural Law, 2023
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- Date Issued: 2023-04
The regulation of communications surveillance in Nigeria
- Authors: Osuntogun, Tope Adefemi
- Date: 2022-08
- Subjects: Social Communication , Electronic surveillance --Nigeria
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60885 , vital:69011
- Description: This study examines the manner in which communications surveillance is regulated in Nigeria, with the aim of providing recommendations to ensure a new surveillance regime that provides adequate safeguards for human rights, particularly the right to privacy. The rapid innovation in ICT has brought new challenges to the right to privacy, among which is communications surveillance. Communications surveillance is an important tool of law enforcement as it enables remote gathering of evidence through interception of communication and acquisition of the metadata of electronic communications. Communications surveillance could therefore be an egregious intrusion on a person’s intimate private sphere and should only be permitted only when necessary. The clandestine nature of communications surveillance, however, increases the risk of unlawfulness as a person under surveillance will be unable to challenge the process unless they are notified. The benchmark in international law is that laws regulating communications surveillance must be lawful, non-arbitrary and provide adequate safeguards for the right to privacy. This study establishes that the legal framework on communications surveillance in Nigeria does not meet this standard. Using the South African legal framework as a comparator and drawing on relevant international and regional law on the right to privacy and communications surveillance, this study recommends reforms for the current legal framework on communications surveillance in Nigeria. , Thesis (LLD) -- Faculty of Law, School of Private Law, 2022
- Full Text:
- Date Issued: 2022-08
- Authors: Osuntogun, Tope Adefemi
- Date: 2022-08
- Subjects: Social Communication , Electronic surveillance --Nigeria
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60885 , vital:69011
- Description: This study examines the manner in which communications surveillance is regulated in Nigeria, with the aim of providing recommendations to ensure a new surveillance regime that provides adequate safeguards for human rights, particularly the right to privacy. The rapid innovation in ICT has brought new challenges to the right to privacy, among which is communications surveillance. Communications surveillance is an important tool of law enforcement as it enables remote gathering of evidence through interception of communication and acquisition of the metadata of electronic communications. Communications surveillance could therefore be an egregious intrusion on a person’s intimate private sphere and should only be permitted only when necessary. The clandestine nature of communications surveillance, however, increases the risk of unlawfulness as a person under surveillance will be unable to challenge the process unless they are notified. The benchmark in international law is that laws regulating communications surveillance must be lawful, non-arbitrary and provide adequate safeguards for the right to privacy. This study establishes that the legal framework on communications surveillance in Nigeria does not meet this standard. Using the South African legal framework as a comparator and drawing on relevant international and regional law on the right to privacy and communications surveillance, this study recommends reforms for the current legal framework on communications surveillance in Nigeria. , Thesis (LLD) -- Faculty of Law, School of Private Law, 2022
- Full Text:
- Date Issued: 2022-08
Ultraprecision Diamond Turning of Monocrystalline Germanium
- Authors: Adeleke, Adeniyi Kehinde
- Date: 2021-04
- Subjects: Precision , Diamond Turning
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/44453 , vital:37835
- Description: Infrared lens production demands a surface with a high degree of accuracy and integrity. Surface roughness is a critical index of the measure of any product’s surface integrity. As a result of this, ultra-high machining technology has enjoyed extensive application, due to the continuous request for components within the range of 1 – 10nm roughness value. This technology has brought about the increased productivity and manufacture of quality products with a top-notch surface finish. Brittle materials such as germanium are hard to machine through the conventional processes such as lapping and polishing. Hence, the ultra-precision machining technology based on single point diamond turning (SPDT), is now been applied to machine germanium in the ductile mode, where material chip removal occurs by plastic deformation instead of a brittle fracture. During machining, selecting the optimal cutting conditions which includes cutting parameters and tool geometry, will not only improve productivity but ensure the minimisation of operating cost. In this research work, SPDT operation was used to conduct two experiments on a (monocrystalline germanium) workpiece. The first experiment was carried out using a diamond tool with a 1.5 mm nose radius, while the second experiment employed the use of a tool having a nose radius of 1.0 mm. A combination of machining parameters for each of the experimental runs were derived from a Box-Behnken method of design and the surface roughness was measured at each interval for both experiments with the aid of a Taylor Hopson PGI Dimension XL profilometer. Acoustic emission (AE) was also used as a quality sensing and tool-monitoring technique, to acquire signals and give indications of the expected surface roughness. Predictive models based on response surface methodology (RSM) and artificial neural networks (ANN), were developed for determining surface roughness. Optimisation was performed using RSM to determine the optimal set of machining factors, which results in optimal condition of the output response. Further investigations on the acquired signals were carried out using signal-processing techniques. Time-domain and time-frequency domain features acquired from the AE signals, together with the process parameters, were employed as input variables in the neural network design, having shown a good association with the surface roughness. ix Conclusively, it can be observed that the predictive model results and the experimental roughness measurements are in good agreement with each other. For accuracy and cost of computation, the RSM and ANN developed models for single-crystal germanium are compared using mean absolute error (MAE). , Thesis (M.Eng) -- Faculty of Engineering, the built environment & Information Technology, 2021
- Full Text:
- Date Issued: 2021-04
- Authors: Adeleke, Adeniyi Kehinde
- Date: 2021-04
- Subjects: Precision , Diamond Turning
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/44453 , vital:37835
- Description: Infrared lens production demands a surface with a high degree of accuracy and integrity. Surface roughness is a critical index of the measure of any product’s surface integrity. As a result of this, ultra-high machining technology has enjoyed extensive application, due to the continuous request for components within the range of 1 – 10nm roughness value. This technology has brought about the increased productivity and manufacture of quality products with a top-notch surface finish. Brittle materials such as germanium are hard to machine through the conventional processes such as lapping and polishing. Hence, the ultra-precision machining technology based on single point diamond turning (SPDT), is now been applied to machine germanium in the ductile mode, where material chip removal occurs by plastic deformation instead of a brittle fracture. During machining, selecting the optimal cutting conditions which includes cutting parameters and tool geometry, will not only improve productivity but ensure the minimisation of operating cost. In this research work, SPDT operation was used to conduct two experiments on a (monocrystalline germanium) workpiece. The first experiment was carried out using a diamond tool with a 1.5 mm nose radius, while the second experiment employed the use of a tool having a nose radius of 1.0 mm. A combination of machining parameters for each of the experimental runs were derived from a Box-Behnken method of design and the surface roughness was measured at each interval for both experiments with the aid of a Taylor Hopson PGI Dimension XL profilometer. Acoustic emission (AE) was also used as a quality sensing and tool-monitoring technique, to acquire signals and give indications of the expected surface roughness. Predictive models based on response surface methodology (RSM) and artificial neural networks (ANN), were developed for determining surface roughness. Optimisation was performed using RSM to determine the optimal set of machining factors, which results in optimal condition of the output response. Further investigations on the acquired signals were carried out using signal-processing techniques. Time-domain and time-frequency domain features acquired from the AE signals, together with the process parameters, were employed as input variables in the neural network design, having shown a good association with the surface roughness. ix Conclusively, it can be observed that the predictive model results and the experimental roughness measurements are in good agreement with each other. For accuracy and cost of computation, the RSM and ANN developed models for single-crystal germanium are compared using mean absolute error (MAE). , Thesis (M.Eng) -- Faculty of Engineering, the built environment & Information Technology, 2021
- Full Text:
- Date Issued: 2021-04
Workplace Discrimination Based on Pregnancy
- Authors: Pathiswa, Mbongwana
- Date: 2023-04
- Subjects: Employment discrimination , Pregnancy
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60797 , vital:67819
- Description: In the past, South Africa was marked by widespread discriminatory practices, many of which still exist to date. This study investigates the persistent discrimination against pregnant women. The study revealed that in South Africa, pregnant women continue to face discrimination in employment and are often denied the right to go on maternity leave, nursing or breastfeeding and childcare facilities. Presently, pregnancy is listed as a prohibited ground for discrimination in the South African Constitution as well as many ILO Conventions. Similarly, the South African labour law framework which gives effect to the Constitution provides for the protection of women and pregnant workers. This protection comes in the form of measures that proscribe dismissal and discrimination based on. Despite these legislation, this study finds that the less favorable treatment of women and pregnant workers in South African workplaces has become increasingly common, and this has turned into a contentious subject. This study focused on labour legislation that has been developed to safeguard pregnant women in the workplace in light of applicable constitutional protections. Notwithstanding these legislative protections for pregnant women in the workplace, the analysis shows that many pregnant women continue to be treated unfairly due to their pregnancies or for reasons linked to their pregnancies. Consequently, there has been a regression in the actual execution of laws and regulations protecting pregnant workers. The study highlights the need to establish mechanisms to ensure that legislation protecting pregnant workers in the workplace achieves its intended purpose and is implemented properly. Consequently, this study presents pertinent suggestions about the implementation of labour legislation so that the employment rights of women and pregnant workers are adequately safeguarded. , Thesis (LLB) -- Faculty of Law, School of Mercantile Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Pathiswa, Mbongwana
- Date: 2023-04
- Subjects: Employment discrimination , Pregnancy
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60797 , vital:67819
- Description: In the past, South Africa was marked by widespread discriminatory practices, many of which still exist to date. This study investigates the persistent discrimination against pregnant women. The study revealed that in South Africa, pregnant women continue to face discrimination in employment and are often denied the right to go on maternity leave, nursing or breastfeeding and childcare facilities. Presently, pregnancy is listed as a prohibited ground for discrimination in the South African Constitution as well as many ILO Conventions. Similarly, the South African labour law framework which gives effect to the Constitution provides for the protection of women and pregnant workers. This protection comes in the form of measures that proscribe dismissal and discrimination based on. Despite these legislation, this study finds that the less favorable treatment of women and pregnant workers in South African workplaces has become increasingly common, and this has turned into a contentious subject. This study focused on labour legislation that has been developed to safeguard pregnant women in the workplace in light of applicable constitutional protections. Notwithstanding these legislative protections for pregnant women in the workplace, the analysis shows that many pregnant women continue to be treated unfairly due to their pregnancies or for reasons linked to their pregnancies. Consequently, there has been a regression in the actual execution of laws and regulations protecting pregnant workers. The study highlights the need to establish mechanisms to ensure that legislation protecting pregnant workers in the workplace achieves its intended purpose and is implemented properly. Consequently, this study presents pertinent suggestions about the implementation of labour legislation so that the employment rights of women and pregnant workers are adequately safeguarded. , Thesis (LLB) -- Faculty of Law, School of Mercantile Law, 2023
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- Date Issued: 2023-04
The programmatic enforcement of the affirmative action provisions of the employment equity act, 55 of 1998
- Authors: Ntshoza, Zoleka Albertina
- Date: 2023-04
- Subjects: Program -- implementation , Affirmative action programs , Discrimination in employment -– Law and legislation —- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60832 , vital:67863
- Description: This study explores the mechanisms contained in the Employment Equity Act of 1998 (EEA) that are in place to ensure that all employers comply with the EEA. The research introduces the topic and the background of the EEA and further discusses its important provisions. The EEA is an Act which was adopted to enable section 9 and 23 (1) of the Constitution. It is there to ensure equality in the workplace. The purpose of the EEA is to eliminate unfair discrimination in the workplace and promote equity for designated groups. This research discusses the application of the EEA and its interpretation by our courts. It does this by discussing leading cases of the EEA and other relevant fields of the labour law. Amongst other discussions in the research is the case of South African Police Service v Solidarity obo Bernard. In this case, a white female employee referred a matter of unfair discrimination to the court for her non-appointment, even though she was the only one who qualified for the job. The employer had preferred a black female candidate for the position. The court held that the discrimination was fair and relied on the employers Employment Equity Plan to determine whether the discrimination was just and equitable in terms of section 36 of the Constitution. Thereafter, this research considers the role of different bodies or structures that are in place to ensure compliance and implementation of affirmative action policies as outlined in the EEA. At the centre of this research is the role played by the inspectorate, the Commission for Employment Equity, and the Director General of the Department of Employment and Labour. These are the structures of the Department of Employment and Labour that are charged with enforcement of the labour laws and policies. Each structure has its own legislative duties. For example, in terms of the EEA, the inspector must conduct inspections for the employer’s workplace, make recommendations for compliance where it is necessary, and issue fines as a final sanction for non-compliance. On the other hand, the Commission for Employment Equity (CEE) investigating compliance, issuing annual reports, doing compliance reviews, issuing certificates of compliance and non-compliance and awards etc. In addition, the research also explores the enforcement penalties imposed by the EEA. It also incorporates a comparative study between the penalties imposed by South Africa with that of Namibia and Canada. This study will show how Canada’s EEA and South Africa are lenient compared to the Namibian one. In Namibia, non-compliance is not only sanctioned with fines but with other harsh sanctions that have detrimental effects on non-complying employers. Finally, the research makes a summary and findings of the study. Thereafter, it discusses the failures and shortfalls of the EEA. These critiques are made in comparison with other EEA such as Namibia, and further the researcher offers her personal critiques and recommendations to the current system. It then concludes by summarising the findings of the final chapter , Thesis (LLM) -- Faculty of Law, School of of Labour Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Ntshoza, Zoleka Albertina
- Date: 2023-04
- Subjects: Program -- implementation , Affirmative action programs , Discrimination in employment -– Law and legislation —- South Africa
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60832 , vital:67863
- Description: This study explores the mechanisms contained in the Employment Equity Act of 1998 (EEA) that are in place to ensure that all employers comply with the EEA. The research introduces the topic and the background of the EEA and further discusses its important provisions. The EEA is an Act which was adopted to enable section 9 and 23 (1) of the Constitution. It is there to ensure equality in the workplace. The purpose of the EEA is to eliminate unfair discrimination in the workplace and promote equity for designated groups. This research discusses the application of the EEA and its interpretation by our courts. It does this by discussing leading cases of the EEA and other relevant fields of the labour law. Amongst other discussions in the research is the case of South African Police Service v Solidarity obo Bernard. In this case, a white female employee referred a matter of unfair discrimination to the court for her non-appointment, even though she was the only one who qualified for the job. The employer had preferred a black female candidate for the position. The court held that the discrimination was fair and relied on the employers Employment Equity Plan to determine whether the discrimination was just and equitable in terms of section 36 of the Constitution. Thereafter, this research considers the role of different bodies or structures that are in place to ensure compliance and implementation of affirmative action policies as outlined in the EEA. At the centre of this research is the role played by the inspectorate, the Commission for Employment Equity, and the Director General of the Department of Employment and Labour. These are the structures of the Department of Employment and Labour that are charged with enforcement of the labour laws and policies. Each structure has its own legislative duties. For example, in terms of the EEA, the inspector must conduct inspections for the employer’s workplace, make recommendations for compliance where it is necessary, and issue fines as a final sanction for non-compliance. On the other hand, the Commission for Employment Equity (CEE) investigating compliance, issuing annual reports, doing compliance reviews, issuing certificates of compliance and non-compliance and awards etc. In addition, the research also explores the enforcement penalties imposed by the EEA. It also incorporates a comparative study between the penalties imposed by South Africa with that of Namibia and Canada. This study will show how Canada’s EEA and South Africa are lenient compared to the Namibian one. In Namibia, non-compliance is not only sanctioned with fines but with other harsh sanctions that have detrimental effects on non-complying employers. Finally, the research makes a summary and findings of the study. Thereafter, it discusses the failures and shortfalls of the EEA. These critiques are made in comparison with other EEA such as Namibia, and further the researcher offers her personal critiques and recommendations to the current system. It then concludes by summarising the findings of the final chapter , Thesis (LLM) -- Faculty of Law, School of of Labour Law, 2023
- Full Text:
- Date Issued: 2023-04
Assessment of the microbial quality of various domestic rainwater harvesting systems and the suitability of a nano based treatment method
- Authors: Malema, Mokaba Shirley
- Date: 2020
- Language: English
- Type: thesis , text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/110218 , vital:33249 , https://dx.doi.org/10.21504/10962/110218
- Description: Thesis (PhD)--Rhodes University, Faculty of Science, Chemistry, 2020.
- Full Text: false
- Date Issued: 2020
- Authors: Malema, Mokaba Shirley
- Date: 2020
- Language: English
- Type: thesis , text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/110218 , vital:33249 , https://dx.doi.org/10.21504/10962/110218
- Description: Thesis (PhD)--Rhodes University, Faculty of Science, Chemistry, 2020.
- Full Text: false
- Date Issued: 2020
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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- Date Issued: 2023-04
The legislation regulation of consensual sexual acts by 16 and 17 years
- Authors: Nkontso, Siviwe
- Date: 2023-04
- Subjects: Delegated legislation , Sexual intercourse , Teenagers
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60718 , vital:66461
- Description: The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“SORMA”), was promulgated to consolidate the laws relating to sexual offences in South Africa. One of the most important aspects of SORMA was that it made provision for the prosecution of those who engaged in sexual acts with minor children. However, SORMA had a major drawback in that it not only criminalised consensual sexual acts with children by adults, but also criminalised consensual sexual acts between children themselves. Thus, children could be prosecuted for engaging in consensual sexual conduct with each other. Stemming from this peculiar position, the provisions of section 15 (statutory rape) and section 16 (statutory sexual assault), insofar as they related to the prosecution of adolescents for engaging in consensual sexual acts with each other, was constitutionally challenged by various human rights organisations. The Constitutional Court in Teddy Bear Clinic v Minister of Justice and Constitutional Development 2014 (2) SA (CC) found that the provisions of section 15 and 16 of SORMA were unconstitutional insofar as they criminalised consensual sexual acts between adolescents older than 12 but younger than 16. The original version of SORMA, for purposes of sections 15 and 16, defined a child as a person under the age of 16 years. Only children younger than 16 years received protection under SORMA. The provisions of sections 15 and 16 of SORMA were the subject of a constitutional challenge in Teddy Bear Clinic. However, the position of 16 and 17 year old children was not dealt with, as it did not form part of the issues that had to be decided by the court. Subsequent to the Teddy Bear Clinic judgment, SORMA was amended, and the amended version defined a child as a person younger than 18 years. Despite this, 16 and 17 year old children did not fall within the ambit of protection provided by SORMA. They were still exposed to prosecution for consensual sexual acts with their adolescent counterparts. Moreover, they were not protected against adult sexual predators who prey on young children. Effectively, SORMA provided some degree of protection, but such protection is not sufficient, and it is contrary to the best interests of the child principle. vi Thus, this research project seeks to highlight, assess and criticise the failure of SORMA to provide adequate legislative protection to 16 and 17 year old children. They still face the possibility of prosecution for consensual sexual acts with other adolescent children, and, they are not offered any protection from adult sexual predators. This position is unacceptable as it is contrary to the spirit and purport of the Constitution, specifically the best interests of the child principle, an important international law principle. Article 3 (1) of the Convention on the Rights of the Child provides that in all matters concerning children, the best interests of the child shall be a primary consideration. The African Charter on the Rights and Welfare of the Child provides that in all actions concerning the child, the best interests of the child shall be the primary consideration. Thus, the lack of protection of 16 and 17 year old children under SORMA is not only contrary to the Constitution, but also to a fundamental international law principle. , Thesis (LLM) -- Faculty of Law, School of Criminal & Procedural Law, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Nkontso, Siviwe
- Date: 2023-04
- Subjects: Delegated legislation , Sexual intercourse , Teenagers
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60718 , vital:66461
- Description: The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“SORMA”), was promulgated to consolidate the laws relating to sexual offences in South Africa. One of the most important aspects of SORMA was that it made provision for the prosecution of those who engaged in sexual acts with minor children. However, SORMA had a major drawback in that it not only criminalised consensual sexual acts with children by adults, but also criminalised consensual sexual acts between children themselves. Thus, children could be prosecuted for engaging in consensual sexual conduct with each other. Stemming from this peculiar position, the provisions of section 15 (statutory rape) and section 16 (statutory sexual assault), insofar as they related to the prosecution of adolescents for engaging in consensual sexual acts with each other, was constitutionally challenged by various human rights organisations. The Constitutional Court in Teddy Bear Clinic v Minister of Justice and Constitutional Development 2014 (2) SA (CC) found that the provisions of section 15 and 16 of SORMA were unconstitutional insofar as they criminalised consensual sexual acts between adolescents older than 12 but younger than 16. The original version of SORMA, for purposes of sections 15 and 16, defined a child as a person under the age of 16 years. Only children younger than 16 years received protection under SORMA. The provisions of sections 15 and 16 of SORMA were the subject of a constitutional challenge in Teddy Bear Clinic. However, the position of 16 and 17 year old children was not dealt with, as it did not form part of the issues that had to be decided by the court. Subsequent to the Teddy Bear Clinic judgment, SORMA was amended, and the amended version defined a child as a person younger than 18 years. Despite this, 16 and 17 year old children did not fall within the ambit of protection provided by SORMA. They were still exposed to prosecution for consensual sexual acts with their adolescent counterparts. Moreover, they were not protected against adult sexual predators who prey on young children. Effectively, SORMA provided some degree of protection, but such protection is not sufficient, and it is contrary to the best interests of the child principle. vi Thus, this research project seeks to highlight, assess and criticise the failure of SORMA to provide adequate legislative protection to 16 and 17 year old children. They still face the possibility of prosecution for consensual sexual acts with other adolescent children, and, they are not offered any protection from adult sexual predators. This position is unacceptable as it is contrary to the spirit and purport of the Constitution, specifically the best interests of the child principle, an important international law principle. Article 3 (1) of the Convention on the Rights of the Child provides that in all matters concerning children, the best interests of the child shall be a primary consideration. The African Charter on the Rights and Welfare of the Child provides that in all actions concerning the child, the best interests of the child shall be the primary consideration. Thus, the lack of protection of 16 and 17 year old children under SORMA is not only contrary to the Constitution, but also to a fundamental international law principle. , Thesis (LLM) -- Faculty of Law, School of Criminal & Procedural Law, 2023
- Full Text:
- 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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- Date Issued: 2023-04
Exploration of challenges in bringing traditional medicine into SA’s healthcare system, using medicinal plants for treatment of waterborne diarrhoeal diseases as a case study
- Authors: Keche, Priscilla
- Date: 2019
- Subjects: Traditional medicine -- South Africa , Waterborne infection -- South Africa , Diarrhea -- South Africa , Healers -- South Africa , Medical care -- Quality control , Medicinal plants -- South Africa , Diarrhea in children -- South Africa , World Health Organization
- Language: English
- Type: thesis , text , Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10962/118035 , vital:34588
- Description: Thesis (MSc)--Rhodes University, Faculty of Science, Biotechnology Innovation Centre (RUBIC), 2019.
- Full Text:
- Date Issued: 2019
- Authors: Keche, Priscilla
- Date: 2019
- Subjects: Traditional medicine -- South Africa , Waterborne infection -- South Africa , Diarrhea -- South Africa , Healers -- South Africa , Medical care -- Quality control , Medicinal plants -- South Africa , Diarrhea in children -- South Africa , World Health Organization
- Language: English
- Type: thesis , text , Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10962/118035 , vital:34588
- Description: Thesis (MSc)--Rhodes University, Faculty of Science, Biotechnology Innovation Centre (RUBIC), 2019.
- Full Text:
- Date Issued: 2019
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
- Full Text:
- Date Issued: 2023-04
- 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
- Full Text:
- Date Issued: 2023-04
Reciprocal peer reviews : evaluating potential bias and conflict of interest
- Authors: Baca, Zolile
- Date: 2022-12
- Subjects: Reciprocal , Peer review , Conflict of interests
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/59358 , vital:62074
- Description: External quality assessments are conducted to provide independent reasonable assurance that an internal audit activity is operating in conformance with the Institute of Internal Auditors’ (IIA) Standards, Code of Ethics, and the extent of compliance with international best practices. The assurance provided by an internal audit activity is relied on by various stakeholders in the organisation for decision-making purposes. Therefore, it is crucial for an independent external quality assessment process to be credible and trustworthy for internal audit stakeholders to know that the internal audit activity conforms with the Standards and Code of Ethics, which in turn allows the stakeholders to rely on assurances and advice provided by the internal audit activity. The objective of this study was to determine the potential existence of a conflict of interest and or bias, in fact or in appearance, when reciprocal peer reviews are performed by people working within the same district and who are familiar with each other. A qualitative research method was followed to achieve the objective of this study and answer the primary research question. A single case study approach was followed in this study using municipalities in the Overberg District to answer the primary research question, with a purposive sampling method used to select relevant participants for the study. Participants were the Audit Committee members, the Municipal Managers, and the Chief Audit Executives from the municipalities in the Overberg District. An interview guide was administered by the researcher to collect the primary research data through semi-structured interviews. The interviews were electronically recorded after permission was obtained from each participant, and each interview session was also transcribed. The primary data collected was then analysed using the In vivo coding method. Each interview transcript was manually analysed to identify key words, phrases or statements that agreed or disagreed with the IIA’s guidance pronouncements in relation to the performance of external quality assessments, with a specific focus on the use of reciprocal peer reviews. The findings of this study indicated that most participants did not perceive reciprocal peer reviews performed by persons working within the same district to be without bias and or conflict of interest, in fact or in appearance because of familiarities and close relations that exist between persons working in the same district in the same sector. The findings revealed that participants would consider the process and results of reciprocal peer reviews to be credible and trustworthy if they were conducted across the district or even across the provincial borders. The findings further showed that participants perceived a full external assessment to be the most reliable and trustworthy method to be used because of the external assessors or assessment teams having the necessary training, knowledge, and experience to perform external quality assessments which give the credibility and trustworthiness that is required for the external quality assessment process.. , Thesis (MCOM) -- Faculty of Faculty of Business and Economics Science, School of Applied Accounting, 2022
- Full Text:
- Date Issued: 2022-12
- Authors: Baca, Zolile
- Date: 2022-12
- Subjects: Reciprocal , Peer review , Conflict of interests
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/59358 , vital:62074
- Description: External quality assessments are conducted to provide independent reasonable assurance that an internal audit activity is operating in conformance with the Institute of Internal Auditors’ (IIA) Standards, Code of Ethics, and the extent of compliance with international best practices. The assurance provided by an internal audit activity is relied on by various stakeholders in the organisation for decision-making purposes. Therefore, it is crucial for an independent external quality assessment process to be credible and trustworthy for internal audit stakeholders to know that the internal audit activity conforms with the Standards and Code of Ethics, which in turn allows the stakeholders to rely on assurances and advice provided by the internal audit activity. The objective of this study was to determine the potential existence of a conflict of interest and or bias, in fact or in appearance, when reciprocal peer reviews are performed by people working within the same district and who are familiar with each other. A qualitative research method was followed to achieve the objective of this study and answer the primary research question. A single case study approach was followed in this study using municipalities in the Overberg District to answer the primary research question, with a purposive sampling method used to select relevant participants for the study. Participants were the Audit Committee members, the Municipal Managers, and the Chief Audit Executives from the municipalities in the Overberg District. An interview guide was administered by the researcher to collect the primary research data through semi-structured interviews. The interviews were electronically recorded after permission was obtained from each participant, and each interview session was also transcribed. The primary data collected was then analysed using the In vivo coding method. Each interview transcript was manually analysed to identify key words, phrases or statements that agreed or disagreed with the IIA’s guidance pronouncements in relation to the performance of external quality assessments, with a specific focus on the use of reciprocal peer reviews. The findings of this study indicated that most participants did not perceive reciprocal peer reviews performed by persons working within the same district to be without bias and or conflict of interest, in fact or in appearance because of familiarities and close relations that exist between persons working in the same district in the same sector. The findings revealed that participants would consider the process and results of reciprocal peer reviews to be credible and trustworthy if they were conducted across the district or even across the provincial borders. The findings further showed that participants perceived a full external assessment to be the most reliable and trustworthy method to be used because of the external assessors or assessment teams having the necessary training, knowledge, and experience to perform external quality assessments which give the credibility and trustworthiness that is required for the external quality assessment process.. , Thesis (MCOM) -- Faculty of Faculty of Business and Economics Science, School of Applied Accounting, 2022
- Full Text:
- Date Issued: 2022-12