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
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 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
Academic resilience of engineering students: a case study
- Authors: Mapaling, Curwyn
- Date: 2023-04
- Subjects: Resilience (Personality trait) , Engineering students
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60775 , vital:67337
- Description: Extensive research has been done and much knowledge exists about academic resilience among youth in school contexts, but there is a lack of data and literature on academic resilience at university level. This knowledge gap is especially critical in disciplines such as engineering, where student dropout rates have historically been high. In 2017, a redesigned engineering degree qualification, the Bachelor of Engineering Technology, was introduced at South African universities. This case study explored the academic resilience of the first cohort of final-year Bachelor of Engineering Technology students at Nelson Mandela University. Mixed methods and multiple theories were employed, which allowed for the generation of rich data for this exploratory case study. In the quantitative phase, 66 students from Industrial, Civil, Electrical, Marine and Mechanical Engineering courses participated by completing a series of standardised psychometric measurement tools. Descriptive and inferential statistical analysis was conducted on the quantitative data collected from the measurement items. In the qualitative phase, 13 engineering students, 6 engineering lecturers and 6 support staff members were interviewed individually, to explore their perceptions and experiences of academic resilience. Qualitative data generated through the semi-structured interviews were analysed using thematic analysis. The findings suggested that staff and students perceive academic resilience differently. It also seems that staff wellbeing impacts the academic resilience of students, and the relationship between staff wellness and student academic resilience is suggested as a next step for research on the topic of academic resilience at university level, especially among courses with high drop-out rates like engineering. Although not generalisable, it appears that a variety of extracurricular support structures and initiatives and strong relationships between the higher education sector and engineering industries can contribute significantly to students' academic resilience. , Thesis (PhD) -- Faculty of Education, School of Post Graduate Education, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Mapaling, Curwyn
- Date: 2023-04
- Subjects: Resilience (Personality trait) , Engineering students
- Language: English
- Type: Doctoral's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60775 , vital:67337
- Description: Extensive research has been done and much knowledge exists about academic resilience among youth in school contexts, but there is a lack of data and literature on academic resilience at university level. This knowledge gap is especially critical in disciplines such as engineering, where student dropout rates have historically been high. In 2017, a redesigned engineering degree qualification, the Bachelor of Engineering Technology, was introduced at South African universities. This case study explored the academic resilience of the first cohort of final-year Bachelor of Engineering Technology students at Nelson Mandela University. Mixed methods and multiple theories were employed, which allowed for the generation of rich data for this exploratory case study. In the quantitative phase, 66 students from Industrial, Civil, Electrical, Marine and Mechanical Engineering courses participated by completing a series of standardised psychometric measurement tools. Descriptive and inferential statistical analysis was conducted on the quantitative data collected from the measurement items. In the qualitative phase, 13 engineering students, 6 engineering lecturers and 6 support staff members were interviewed individually, to explore their perceptions and experiences of academic resilience. Qualitative data generated through the semi-structured interviews were analysed using thematic analysis. The findings suggested that staff and students perceive academic resilience differently. It also seems that staff wellbeing impacts the academic resilience of students, and the relationship between staff wellness and student academic resilience is suggested as a next step for research on the topic of academic resilience at university level, especially among courses with high drop-out rates like engineering. Although not generalisable, it appears that a variety of extracurricular support structures and initiatives and strong relationships between the higher education sector and engineering industries can contribute significantly to students' academic resilience. , Thesis (PhD) -- Faculty of Education, School of Post Graduate Education, 2023
- 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
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
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