A critical analysis of the application of South African business rescue provisions on small to medium enterprises (SMEs)
- Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Authors: Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Date: 2021-09
- Subjects: Small business , Business enterprises , Business failures--Law and legislation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20328 , vital:45655
- Description: Small to Medium sized Enterprises (SMEs) play an essential role and can be described as the crucial bread and butter of the South African economy. They have the potential to create employment and skills development opportunities pertinent for sustainable economic growth. The unfortunate part is that South African Small to Medium sized Enterprises have the lowest survival rates in the world, resulting in high rates of business failure and job losses. This is because the South African economy does not favour SMEs, which are often burdened with structural hurdles including access to funding, lack of access to markets, inadequate skills, uncompetitive regulatory frameworks and technological disruptions. A developing economy such as South Africa cannot grow if companies facing financial difficulty are constantly liquidated. This is because the liquidation system does not offer companies an opportunity to restructure and possibly function within the context of raised concerns. In order to facilitate sustainable SMEs growth, the legislature has come up with statutory mechanisms to support SMEs and save them from total liquidation. Most recently, the Companies Act 71 of 2008 Chapter 6 introduces a business rescue mechanism applicable to all business structures established under the Act. The purpose of business rescue is to provide companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which are useful and efficient in saving the financially distressed company and possibly yielding a better return for the creditors than would have been the case if the company was liquidated. This new enactment is seen as both an improvement and necessary reform from its predecessor, judicial administration which has widely been condemned as a failure. However, despite this improvement, the application of the current business provisions to SMEs is questionable. Although Chapter 6 of the Act makes provision for SMEs, it also presents a number of stumbling blocks, including the fact that services of business rescue practitioners are out of reach for most SMEs in South Africa. The purpose of this study is to consider challenges faced by SMEs in the practical application of the current business rescue provisions. This study further emphasizes the importance of South African SMEs, whilst looking at their challenges and how the Companies Act 71 of 2008 provisions, regarding business rescue, assists SMEs. The study looks at the impediments of certain provisions of business rescue and proposes recommendations. , Thesis (MA) (Laws) -- University of Fort Hare, 2021
- Full Text:
- Date Issued: 2021-09
- Authors: Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Date: 2021-09
- Subjects: Small business , Business enterprises , Business failures--Law and legislation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20328 , vital:45655
- Description: Small to Medium sized Enterprises (SMEs) play an essential role and can be described as the crucial bread and butter of the South African economy. They have the potential to create employment and skills development opportunities pertinent for sustainable economic growth. The unfortunate part is that South African Small to Medium sized Enterprises have the lowest survival rates in the world, resulting in high rates of business failure and job losses. This is because the South African economy does not favour SMEs, which are often burdened with structural hurdles including access to funding, lack of access to markets, inadequate skills, uncompetitive regulatory frameworks and technological disruptions. A developing economy such as South Africa cannot grow if companies facing financial difficulty are constantly liquidated. This is because the liquidation system does not offer companies an opportunity to restructure and possibly function within the context of raised concerns. In order to facilitate sustainable SMEs growth, the legislature has come up with statutory mechanisms to support SMEs and save them from total liquidation. Most recently, the Companies Act 71 of 2008 Chapter 6 introduces a business rescue mechanism applicable to all business structures established under the Act. The purpose of business rescue is to provide companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which are useful and efficient in saving the financially distressed company and possibly yielding a better return for the creditors than would have been the case if the company was liquidated. This new enactment is seen as both an improvement and necessary reform from its predecessor, judicial administration which has widely been condemned as a failure. However, despite this improvement, the application of the current business provisions to SMEs is questionable. Although Chapter 6 of the Act makes provision for SMEs, it also presents a number of stumbling blocks, including the fact that services of business rescue practitioners are out of reach for most SMEs in South Africa. The purpose of this study is to consider challenges faced by SMEs in the practical application of the current business rescue provisions. This study further emphasizes the importance of South African SMEs, whilst looking at their challenges and how the Companies Act 71 of 2008 provisions, regarding business rescue, assists SMEs. The study looks at the impediments of certain provisions of business rescue and proposes recommendations. , Thesis (MA) (Laws) -- University of Fort Hare, 2021
- Full Text:
- Date Issued: 2021-09
A critical analysis of the criteria applied in South Africa to distinguish an independent contractor from an employee for income tax purposes
- Authors: Mkhoma, Londekile Nosipho
- Date: 2023-04
- Subjects: Independent contractor , Common law tests , Income tax
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/61702 , vital:71827
- Description: The study set out to critically analyse the criteria used by South Africa to determine the distinction between independent contractors and employees. Comparisons are also drawn with the criteria used in the United Kingdom(UK) and New Zealand (NZ) to assess whether there are new ideas that can be drawn from these and help improve the criteria used in South Africa. This was motivated by the ongoing debates around this issue and the desire to make a contribution that might bring some new insights and clarity. Under South African tax legislation employers are only obliged to deduct income tax from persons identified as employees while on the other hand, they cannot deduct tax contributions from the money paid to independent contractors for services rendered. Furthermore, there is no statutory definition for the term “independent contractor” in the Income Tax Act of South Africa nor in the country’s labour legislation. The definition of this term has largely been established by the labour courts in instances where disputes have arisen around these matters. Using a doctrinal research method (including a comparative legal research), which is a qualitative research approach, articles, statutes, judgements, explanatory memoranda, and policy documents on the subject under investigation were analysed. It is submitted that the criteria used in the two countries used in the comparison are similar to the ones used in South Africa, with some variations. All three countries use similar tests to make their determinations and a survey of the UK and NZ’s case law indicates that the most preferred criteria are the multifactoral approach to determine the true nature of the relationship between employers and their employees. This approach has been found to be more flexible which allows it to accommodate the changes that are occurring in the world of work. In the South African context, the labour court has adopted a substance-over-form approach in making their determinations, arguing that the nature of the working relationship between employer and employee is a more important indicator than the mere contents of a written contract. The labour court has also used labour legislation mainly to assist in the interpretation of the distinction between independent contractors and employees. The study established that the criteria used in the UK is a bit more complex because workers are put in three different categories and the definition of employee is not 4 uniform in all the available statutes. In New Zealand the multiple factor approach is preferred just like in South Africa. In conclusion is submitted that the study established that there is nothing, other than the UK’s Mutuality of Obligation Test, that would assist in further clarifying the criteria used to classify employees or independent contractors in South Africa , Thesis (MA) -- Faculty of Faculty of Business and Economic Sciences, 2023
- Full Text:
- Date Issued: 2023-04
- Authors: Mkhoma, Londekile Nosipho
- Date: 2023-04
- Subjects: Independent contractor , Common law tests , Income tax
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/61702 , vital:71827
- Description: The study set out to critically analyse the criteria used by South Africa to determine the distinction between independent contractors and employees. Comparisons are also drawn with the criteria used in the United Kingdom(UK) and New Zealand (NZ) to assess whether there are new ideas that can be drawn from these and help improve the criteria used in South Africa. This was motivated by the ongoing debates around this issue and the desire to make a contribution that might bring some new insights and clarity. Under South African tax legislation employers are only obliged to deduct income tax from persons identified as employees while on the other hand, they cannot deduct tax contributions from the money paid to independent contractors for services rendered. Furthermore, there is no statutory definition for the term “independent contractor” in the Income Tax Act of South Africa nor in the country’s labour legislation. The definition of this term has largely been established by the labour courts in instances where disputes have arisen around these matters. Using a doctrinal research method (including a comparative legal research), which is a qualitative research approach, articles, statutes, judgements, explanatory memoranda, and policy documents on the subject under investigation were analysed. It is submitted that the criteria used in the two countries used in the comparison are similar to the ones used in South Africa, with some variations. All three countries use similar tests to make their determinations and a survey of the UK and NZ’s case law indicates that the most preferred criteria are the multifactoral approach to determine the true nature of the relationship between employers and their employees. This approach has been found to be more flexible which allows it to accommodate the changes that are occurring in the world of work. In the South African context, the labour court has adopted a substance-over-form approach in making their determinations, arguing that the nature of the working relationship between employer and employee is a more important indicator than the mere contents of a written contract. The labour court has also used labour legislation mainly to assist in the interpretation of the distinction between independent contractors and employees. The study established that the criteria used in the UK is a bit more complex because workers are put in three different categories and the definition of employee is not 4 uniform in all the available statutes. In New Zealand the multiple factor approach is preferred just like in South Africa. In conclusion is submitted that the study established that there is nothing, other than the UK’s Mutuality of Obligation Test, that would assist in further clarifying the criteria used to classify employees or independent contractors in South Africa , Thesis (MA) -- Faculty of Faculty of Business and Economic Sciences, 2023
- Full Text:
- Date Issued: 2023-04
A Critical Analysis of the Role of School Governing Bodies in the Recruitment, Selection and Transfer of Educators in the Butterworth District
- Authors: Sifuba, Mpilo
- Date: 2011
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/3495 , vital:43616
- Description: Recruitment, selection and transfer of educators were decentralized after South Africa became a democratic state in 1994 and shifted to School Governing Bodies. The legislation promoted a shared governance and participation of parents in issues that are related to recruitment, selection and transfer of educators, but parents are struggling and facing challenges in performing these tasks as School Governing Body members especially in the Butterworth district, as a result of that Butterworth district is experiencing problems with increasing number of disputes resulting from the appointment of educators after they have been recommended by the School Governing Bodies. This study focuses on the recruitment, selection and transfer of educators in the Butterworth district of the Eastern Cape Province of South Africa. The study sought to reveal the thinking behind government insistence on giving the School Governing Bodies a responsibility to recruit, select and transfer educators knowing fully well that they do not perform this responsibility. A qualitative approach was used to explore and challenge this phenomenon. This approach is concerned with understanding social phenomenon from the participant’s perspective. In depth semi – structured interviews with open ended questions were used to bring the researcher more closer to a more plausible perspective of this phenomenon. Moreover, they were used because they are the most appropriate method to capture the data. The findings revealed that School Governing Bodies are faced with challenges such as: high level of illiteracy, manipulation of School Governing Bodies by school management, unions and candidates, the issue of regionalism and kickbacks, capacity building and empowerment and role played by the Departmental Officials. By conducting this study, we hope that the findings might contribute in identifying the disjuncture between the policy and the practice in issues pertaining to educator recruitment, selection and transfers. , Thesis (MMED) -- Faculty of Educational Sciences, 2011
- Full Text:
- Date Issued: 2011
- Authors: Sifuba, Mpilo
- Date: 2011
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/3495 , vital:43616
- Description: Recruitment, selection and transfer of educators were decentralized after South Africa became a democratic state in 1994 and shifted to School Governing Bodies. The legislation promoted a shared governance and participation of parents in issues that are related to recruitment, selection and transfer of educators, but parents are struggling and facing challenges in performing these tasks as School Governing Body members especially in the Butterworth district, as a result of that Butterworth district is experiencing problems with increasing number of disputes resulting from the appointment of educators after they have been recommended by the School Governing Bodies. This study focuses on the recruitment, selection and transfer of educators in the Butterworth district of the Eastern Cape Province of South Africa. The study sought to reveal the thinking behind government insistence on giving the School Governing Bodies a responsibility to recruit, select and transfer educators knowing fully well that they do not perform this responsibility. A qualitative approach was used to explore and challenge this phenomenon. This approach is concerned with understanding social phenomenon from the participant’s perspective. In depth semi – structured interviews with open ended questions were used to bring the researcher more closer to a more plausible perspective of this phenomenon. Moreover, they were used because they are the most appropriate method to capture the data. The findings revealed that School Governing Bodies are faced with challenges such as: high level of illiteracy, manipulation of School Governing Bodies by school management, unions and candidates, the issue of regionalism and kickbacks, capacity building and empowerment and role played by the Departmental Officials. By conducting this study, we hope that the findings might contribute in identifying the disjuncture between the policy and the practice in issues pertaining to educator recruitment, selection and transfers. , Thesis (MMED) -- Faculty of Educational Sciences, 2011
- Full Text:
- Date Issued: 2011
A critical analysis of the screen adaptation of Saule's Unyana womntu
- Authors: Mbatsha,Thembisa
- Date: 2012-12
- Subjects: Motion picture authorship , Literature -- Adaptations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23078 , vital:55400
- Description: This research will concentrate on various aspects of the screen adaptation of “Unyana womntu” (Saule, 1989). This study comprises of six chapters. In Chapter 1 of this study, the research aims and objectives are formulated. The research methods that are to be followed will involve a thorough reading of the written text, as well as a comprehensive repetitive viewing of all the episodes of the screen version. In the final part of Chapter 1, background information is provided on the personal life of the author as well as on his contributions to the African literary tradition. Background information on the production of the screen version is also provided. In the Chapter 2, the theoretical aspects of the phenomenon of literary adaptation are discussed. This discussion provides a framework for the analysis of the adaptation of “Unyana womntu” (Saule, 1989) in the remaining chapters of this study. The aim of this chapter is to identify and discuss the most important principles which come into play when the written text is adapted into a screen production. Since the screen production belongs to the genre of the performing arts, this chapter is introduced with a discussion on the performing arts and on the drama, in particular. The section will be concluded with a discussion on the different sub-types of the drama which can be found, including the screen production. The main emphasis is on an analysis of the basic features and principles of the drama in screen format. Since the screen play Unyana Womntu (1998) is based upon a novel by the same title, the literary features of the novel are to be discussed here as well. The specific features of the Xhosa novel will also receive attention. In Chapter 3, the adaptation of the background of the novel “Unyana womntu” (Saule, 1989) into the screen production is critically evaluated. Aspects such as the adaptation of the macro-features as well as the micro-features of the background are identified and critically analysed Chapter 4 deals with the adaptation of the character element. This discussion takes place within a particular theoretical framework which defines the essential elements of characterization within the novel and within the drama respectively. It also deals with the manner in which each of these elements is subjected to the process of adaptation. The aim of Chapter 5 is to analyse the adaptation of the plot of “Unyana womntu” (Saule, 1989) from a written text into a screen production. This analysis is based upon a well-constructed theoretical framework that addresses the various aspects of the plot, as found within narrative texts. Chapter 6 contains a general conclusion which will finally present the observations and findings drawn from the entire study , Thesis (MA) -- Faculty of Social Science and Humanities, 2012
- Full Text:
- Date Issued: 2012-12
- Authors: Mbatsha,Thembisa
- Date: 2012-12
- Subjects: Motion picture authorship , Literature -- Adaptations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23078 , vital:55400
- Description: This research will concentrate on various aspects of the screen adaptation of “Unyana womntu” (Saule, 1989). This study comprises of six chapters. In Chapter 1 of this study, the research aims and objectives are formulated. The research methods that are to be followed will involve a thorough reading of the written text, as well as a comprehensive repetitive viewing of all the episodes of the screen version. In the final part of Chapter 1, background information is provided on the personal life of the author as well as on his contributions to the African literary tradition. Background information on the production of the screen version is also provided. In the Chapter 2, the theoretical aspects of the phenomenon of literary adaptation are discussed. This discussion provides a framework for the analysis of the adaptation of “Unyana womntu” (Saule, 1989) in the remaining chapters of this study. The aim of this chapter is to identify and discuss the most important principles which come into play when the written text is adapted into a screen production. Since the screen production belongs to the genre of the performing arts, this chapter is introduced with a discussion on the performing arts and on the drama, in particular. The section will be concluded with a discussion on the different sub-types of the drama which can be found, including the screen production. The main emphasis is on an analysis of the basic features and principles of the drama in screen format. Since the screen play Unyana Womntu (1998) is based upon a novel by the same title, the literary features of the novel are to be discussed here as well. The specific features of the Xhosa novel will also receive attention. In Chapter 3, the adaptation of the background of the novel “Unyana womntu” (Saule, 1989) into the screen production is critically evaluated. Aspects such as the adaptation of the macro-features as well as the micro-features of the background are identified and critically analysed Chapter 4 deals with the adaptation of the character element. This discussion takes place within a particular theoretical framework which defines the essential elements of characterization within the novel and within the drama respectively. It also deals with the manner in which each of these elements is subjected to the process of adaptation. The aim of Chapter 5 is to analyse the adaptation of the plot of “Unyana womntu” (Saule, 1989) from a written text into a screen production. This analysis is based upon a well-constructed theoretical framework that addresses the various aspects of the plot, as found within narrative texts. Chapter 6 contains a general conclusion which will finally present the observations and findings drawn from the entire study , Thesis (MA) -- Faculty of Social Science and Humanities, 2012
- Full Text:
- Date Issued: 2012-12
A critical analysis of the tax treatment of cryptocurrencies in a South African context
- Authors: Ho, Dau-Ming
- Date: 2022-10-14
- Subjects: Cryptocurrencies Taxation , Income tax Law and legislation South Africa , Income tax Law and legislation Australia , Financial services industry Security measures , South Africa. Income Tax Act, 1962
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/357504 , vital:64749
- Description: The aim of the present research was to investigate whether, as claimed by the South African Revenue Service in the media release issued in April 2018, the normal income tax provisions could apply to cryptocurrency transactions. To achieve this aim, a literature review was undertaken to describe the nature of cryptocurrencies and related crypto mining activities, providing definitions of cryptocurrencies, blockchains and crypto mining, as well as describing the functioning of the system. The research then proceeded to analyse the provisions of the definition of “gross income” in section 1 of the Income Tax Act, 58 of 1962, as amended, and the requirements of the “general deduction formula” in terms of the preamble to section 11, section 11(a) and section 23(g), as applying to cryptocurrency transactions. The application of other provisions in the Act to cryptocurrency transactions was analysed, including trading stock in terms of section 22, and capital allowances in terms of sections 11(e), 12C and 13quin of the Act, together with capital gains tax consequences in terms of the Eighth Schedule to the Income Tax Act. The regulation for income tax purposes of cryptocurrency transactions in Australia was discussed, with a view to making similar recommendations in South Africa. The research was situated in the interpretative paradigm, a doctrinal methodology was applied, together with a qualitative analysis of documentary data. The discussion was limited to the income tax consequences of cryptocurrencies as applying to individuals. The findings of the research were that, in general, the normal income tax provisions could apply to cryptocurrency transactions, but based on the analysis of the South African and Australian income tax acts as they apply to cryptocurrencies, it was recommended that a Comprehensive Guide on the income tax consequences of cryptocurrency transactions should be issued by the South African Revenue Service, together with amendments to section 25D and paragraph 43 of the Eighth Schedule to the Income Tax Act to deal with the conversion of cryptocurrencies to Rand values, and to section 9C of the Income Tax Act to include the deemed capital nature of the disposal of cryptocurrencies in the three-year rule presently applying to equity shares. , Thesis (MCom) -- Faculty of Commerce, Accounting, 2022
- Full Text:
- Date Issued: 2022-10-14
- Authors: Ho, Dau-Ming
- Date: 2022-10-14
- Subjects: Cryptocurrencies Taxation , Income tax Law and legislation South Africa , Income tax Law and legislation Australia , Financial services industry Security measures , South Africa. Income Tax Act, 1962
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/357504 , vital:64749
- Description: The aim of the present research was to investigate whether, as claimed by the South African Revenue Service in the media release issued in April 2018, the normal income tax provisions could apply to cryptocurrency transactions. To achieve this aim, a literature review was undertaken to describe the nature of cryptocurrencies and related crypto mining activities, providing definitions of cryptocurrencies, blockchains and crypto mining, as well as describing the functioning of the system. The research then proceeded to analyse the provisions of the definition of “gross income” in section 1 of the Income Tax Act, 58 of 1962, as amended, and the requirements of the “general deduction formula” in terms of the preamble to section 11, section 11(a) and section 23(g), as applying to cryptocurrency transactions. The application of other provisions in the Act to cryptocurrency transactions was analysed, including trading stock in terms of section 22, and capital allowances in terms of sections 11(e), 12C and 13quin of the Act, together with capital gains tax consequences in terms of the Eighth Schedule to the Income Tax Act. The regulation for income tax purposes of cryptocurrency transactions in Australia was discussed, with a view to making similar recommendations in South Africa. The research was situated in the interpretative paradigm, a doctrinal methodology was applied, together with a qualitative analysis of documentary data. The discussion was limited to the income tax consequences of cryptocurrencies as applying to individuals. The findings of the research were that, in general, the normal income tax provisions could apply to cryptocurrency transactions, but based on the analysis of the South African and Australian income tax acts as they apply to cryptocurrencies, it was recommended that a Comprehensive Guide on the income tax consequences of cryptocurrency transactions should be issued by the South African Revenue Service, together with amendments to section 25D and paragraph 43 of the Eighth Schedule to the Income Tax Act to deal with the conversion of cryptocurrencies to Rand values, and to section 9C of the Income Tax Act to include the deemed capital nature of the disposal of cryptocurrencies in the three-year rule presently applying to equity shares. , Thesis (MCom) -- Faculty of Commerce, Accounting, 2022
- Full Text:
- Date Issued: 2022-10-14
A critical analysis of the Urban Food System, Urban Governance and Household Food Security in Bulawayo, Zimbabwe
- Authors: Maphosa, Mandlenkosi
- Date: 2022-10-14
- Subjects: Food security Zimbabwe Bulawayo , City planning Government policy Zimbabwe Bulawayo , Urban poor Zimbabwe Bulawayo , Urban agriculture Zimbabwe Bulawayo , COVID-19 (Disease) Zimbabwe Bulawayo , Agent (Philosophy)
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/327165 , vital:61087 , DOI 10.21504/10962/327165
- Description: Urbanisation is occurring on a massive scale globally and even more so in the less developed regions of the Global South including sub-Saharan Africa (SSA). Like other developing regions of the world, urbanisation in SSA is not occurring alongside a corresponding growth in urban economies. Resultantly, it is taking place in tandem with the rising scourge of urban poverty, including food insecurity. While urban food insecurity is a clear challenge in SSA, the challenge has however not been met with equal vigour in policy making and implementation circles and even in academia. Problematically, the urban food security literature often focuses on one element of the food system without giving due attention to other components of the system. Resultantly, broader systemic failures and the dynamics related to the different actors across the system-elements are missed. There has thus been recent calls to embrace urban governance in studying urban food systems, which this study does. The thesis examines the urban food system in Bulawayo (in Zimbabwe) with specific reference to urban governance and household food security to understand sociologically the complex multi-dimensional processes, structures, systems, and practices underpinning the urban food system. As a result of the complex nature of food systems, an eclectic analytical framework is employed encompassing Obeng Odoom’s DED framework, Clapp and Fuchs’ framework of power, Gaventa’s power cube and theories of everyday life derived from de Certeau and Lefebvre. Methodologically, the study is informed by a Critical Realism paradigm which accommodates the convergent mixed methods research design employed. The research strategy employed was that of a survey and case study. Key findings reveal that the Bulawayo food system, from production to consumption, is complex and is nested within broader national and international food systems. Although without a direct and explicit mandate on food security, the local authority is at the centre of urban governance processes as it employs a plethora of strategies to influence the nature of the food system. However, the study reveals that the food system is as much a construction from below through the agential activities of the urban poor. , Thesis (PhD) -- Faculty of Humanities, Sociology, 2022
- Full Text:
- Date Issued: 2022-10-14
- Authors: Maphosa, Mandlenkosi
- Date: 2022-10-14
- Subjects: Food security Zimbabwe Bulawayo , City planning Government policy Zimbabwe Bulawayo , Urban poor Zimbabwe Bulawayo , Urban agriculture Zimbabwe Bulawayo , COVID-19 (Disease) Zimbabwe Bulawayo , Agent (Philosophy)
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/327165 , vital:61087 , DOI 10.21504/10962/327165
- Description: Urbanisation is occurring on a massive scale globally and even more so in the less developed regions of the Global South including sub-Saharan Africa (SSA). Like other developing regions of the world, urbanisation in SSA is not occurring alongside a corresponding growth in urban economies. Resultantly, it is taking place in tandem with the rising scourge of urban poverty, including food insecurity. While urban food insecurity is a clear challenge in SSA, the challenge has however not been met with equal vigour in policy making and implementation circles and even in academia. Problematically, the urban food security literature often focuses on one element of the food system without giving due attention to other components of the system. Resultantly, broader systemic failures and the dynamics related to the different actors across the system-elements are missed. There has thus been recent calls to embrace urban governance in studying urban food systems, which this study does. The thesis examines the urban food system in Bulawayo (in Zimbabwe) with specific reference to urban governance and household food security to understand sociologically the complex multi-dimensional processes, structures, systems, and practices underpinning the urban food system. As a result of the complex nature of food systems, an eclectic analytical framework is employed encompassing Obeng Odoom’s DED framework, Clapp and Fuchs’ framework of power, Gaventa’s power cube and theories of everyday life derived from de Certeau and Lefebvre. Methodologically, the study is informed by a Critical Realism paradigm which accommodates the convergent mixed methods research design employed. The research strategy employed was that of a survey and case study. Key findings reveal that the Bulawayo food system, from production to consumption, is complex and is nested within broader national and international food systems. Although without a direct and explicit mandate on food security, the local authority is at the centre of urban governance processes as it employs a plethora of strategies to influence the nature of the food system. However, the study reveals that the food system is as much a construction from below through the agential activities of the urban poor. , Thesis (PhD) -- Faculty of Humanities, Sociology, 2022
- Full Text:
- Date Issued: 2022-10-14
A critical assessment of credit provision governance in South Africa with a focus on balancing the rights and responsibilities of credit providers and consumers under Section 129 of the National Credit Act 34 of 2005
- Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Authors: Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Date: 2022-05
- Subjects: Debtor and creditor -- South Africa , Credit control -- Law and legislation -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26715 , vital:65967
- Description: The National Credit Act of 2005 (the NCA), described as the fourth generation of consumer protection legislation in South Africa, is the product of an initiative by the Department of Trade and Industry to address the shortcomings of the third generation of consumer protection legislation, being the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The NCA seeks to unify legislation and departs radically from the old dispensation. Its aims are, inter alia, to provide a fair and non-discriminatory marketplace, to prohibit unfair credit practices and reckless lending, to establish national norms and standards relating to consumer credit and to promote a consistent enforcement framework relating to consumer credit. Through enactment of the NCA the government appears to have focused on the protection of consumers through pre-enforcement procedures, prohibitions on reckless lending practices, prevention of over-indebtedness, alleviation of over indebtedness, and an array of other measures. This protection is deemed necessary due to the relative unequal bargaining power between the credit provider (provider) and the consumer at the time of conclusion of an agreement. This consumer protection has, however, sometimes come at the cost of provider protection. Despite these endeavours, there is still the inevitably common occurrence of breach of the agreement by consumers and the ensuing recovery process available to providers. The relationship between the two major role players – the provider and consumer - is the epicentre of any discussion, theory or legislative enactment pertaining to credit. This study commences with an examination of the historical background and rationale for the NCA, putting into context the rules and regulations which govern the relationship between the parties when an agreement is breached as well as the remedies and recourses that are available to the aggrieved party in terms of the NCA. The common law, which acts as a stabiliser especially when there are legislative changes, is examined in relation to preenforcement procedures, breach and the remedies as affected by the NCA. The equitable balancing of the rights and responsibilities of these two major role players is essential to the continued well-being of not only the parties but also the credit industry and economy as a whole. The most common way for individuals to purchase any large asset like a home or motor vehicle is to approach a financial institution for provision of a loan or credit agreement. To protect its interest, the financial institution would normally register a mortgage bond over the property or hold the title of the motor vehicle until all instalments have been settled. The problem arises when the consumer defaults on repayment of the loan or credit agreement. The financial institution would then be forced to institute legal proceedings to for example foreclose on the bond and repossess the property or motor vehicle. The preenforcement procedure finds itself in the centre of the tug of war between the parties in that this is the area and time that both parties require their rights and interests to be protected. The pre-enforcement procedures determine to a large extent, if properly implemented, how many agreements are seen to successful finalisation versus the alternative of those being cancelled and / or enforcement pursued through litigation by the provider. Successful implementation of agreements and repayment of debt would support a healthy credit industry and therefore, a strong economy. This is also the favoured outcome by the NCA. Section 129 of the NCA encapsulates the pre-enforcement procedure and thus determines balancing the parties’ rights and responsibilities through its interpretation and application. The section, however, would appear to fall short in that the delivery requirement of the notice is not adequately defined and has therefore resulted in many disputes, interpretations and two subsequent amendments to the section by the National Credit Amendment Act of 2014 and 2019. The purpose of this study is to critically analyse section 129 of the NCA and determine if the rights of both the consumer and provider have been equally protected, with particular reference to the burden of bringing the section 129 notice to the attention of the consumer. The question posed by all parties involved is always inevitably: Must the section 129 notice come to the actual knowledge of the consumer in order for it to be valid? The answer to this question has varied between two schools of thought. The first school of thought, being the pro-provider approach, answers the question in the negative and holds that as long as the provider has met certain delivery requirements their duty has been fulfilled whether or not the consumer actually receives the notice. The second school of thought, being the pro-consumer approach, answers the questions in the affirmative and requires the provider to carry the burden of ensuring the consumer actually receives the notice in order for it to be valid. There are numerous reasons in support of both schools of thought. It is hoped that this study will make a helpful contribution to the balanced interpretation of section 129. The study aims to provide a consistent interpretation of the section whilst balancing the rights of the consumer and provider respectively. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
- Authors: Batchelor, Bronwyn Le Ann https://orcid.org/0000-0001-7300-131X
- Date: 2022-05
- Subjects: Debtor and creditor -- South Africa , Credit control -- Law and legislation -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26715 , vital:65967
- Description: The National Credit Act of 2005 (the NCA), described as the fourth generation of consumer protection legislation in South Africa, is the product of an initiative by the Department of Trade and Industry to address the shortcomings of the third generation of consumer protection legislation, being the Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980. The NCA seeks to unify legislation and departs radically from the old dispensation. Its aims are, inter alia, to provide a fair and non-discriminatory marketplace, to prohibit unfair credit practices and reckless lending, to establish national norms and standards relating to consumer credit and to promote a consistent enforcement framework relating to consumer credit. Through enactment of the NCA the government appears to have focused on the protection of consumers through pre-enforcement procedures, prohibitions on reckless lending practices, prevention of over-indebtedness, alleviation of over indebtedness, and an array of other measures. This protection is deemed necessary due to the relative unequal bargaining power between the credit provider (provider) and the consumer at the time of conclusion of an agreement. This consumer protection has, however, sometimes come at the cost of provider protection. Despite these endeavours, there is still the inevitably common occurrence of breach of the agreement by consumers and the ensuing recovery process available to providers. The relationship between the two major role players – the provider and consumer - is the epicentre of any discussion, theory or legislative enactment pertaining to credit. This study commences with an examination of the historical background and rationale for the NCA, putting into context the rules and regulations which govern the relationship between the parties when an agreement is breached as well as the remedies and recourses that are available to the aggrieved party in terms of the NCA. The common law, which acts as a stabiliser especially when there are legislative changes, is examined in relation to preenforcement procedures, breach and the remedies as affected by the NCA. The equitable balancing of the rights and responsibilities of these two major role players is essential to the continued well-being of not only the parties but also the credit industry and economy as a whole. The most common way for individuals to purchase any large asset like a home or motor vehicle is to approach a financial institution for provision of a loan or credit agreement. To protect its interest, the financial institution would normally register a mortgage bond over the property or hold the title of the motor vehicle until all instalments have been settled. The problem arises when the consumer defaults on repayment of the loan or credit agreement. The financial institution would then be forced to institute legal proceedings to for example foreclose on the bond and repossess the property or motor vehicle. The preenforcement procedure finds itself in the centre of the tug of war between the parties in that this is the area and time that both parties require their rights and interests to be protected. The pre-enforcement procedures determine to a large extent, if properly implemented, how many agreements are seen to successful finalisation versus the alternative of those being cancelled and / or enforcement pursued through litigation by the provider. Successful implementation of agreements and repayment of debt would support a healthy credit industry and therefore, a strong economy. This is also the favoured outcome by the NCA. Section 129 of the NCA encapsulates the pre-enforcement procedure and thus determines balancing the parties’ rights and responsibilities through its interpretation and application. The section, however, would appear to fall short in that the delivery requirement of the notice is not adequately defined and has therefore resulted in many disputes, interpretations and two subsequent amendments to the section by the National Credit Amendment Act of 2014 and 2019. The purpose of this study is to critically analyse section 129 of the NCA and determine if the rights of both the consumer and provider have been equally protected, with particular reference to the burden of bringing the section 129 notice to the attention of the consumer. The question posed by all parties involved is always inevitably: Must the section 129 notice come to the actual knowledge of the consumer in order for it to be valid? The answer to this question has varied between two schools of thought. The first school of thought, being the pro-provider approach, answers the question in the negative and holds that as long as the provider has met certain delivery requirements their duty has been fulfilled whether or not the consumer actually receives the notice. The second school of thought, being the pro-consumer approach, answers the questions in the affirmative and requires the provider to carry the burden of ensuring the consumer actually receives the notice in order for it to be valid. There are numerous reasons in support of both schools of thought. It is hoped that this study will make a helpful contribution to the balanced interpretation of section 129. The study aims to provide a consistent interpretation of the section whilst balancing the rights of the consumer and provider respectively. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-05
A critical assessment of economic policies and their impact on entrepreneurship development in South Africa: a case of Khayelitsha Township in Cape Town
- Oduwole, Olusola https://orcid.org/0000-0002-1563-7392
- Authors: Oduwole, Olusola https://orcid.org/0000-0002-1563-7392
- Date: 2015
- Subjects: Entrepreneurship , Economic policy , Economic development -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26302 , vital:65236
- Description: The complexity of the South African society due to past systematic exclusion of some communities from economic activities resulted in the triple challenge of poverty, inequality and unemployment. Although various economic policies had been developed since the advent of the democratic dispensation in 1994, these policies focused on levelling the economic environment, poverty alleviation and massive social security system. However, despite all the interventions, South Africa remains one of the most unequal societies in the world. This is profiled by the mushrooming of informal settlements around cities with job seekers and frequent protests by people who are impatient to experience improvement in their quality of life and who feel cheated out of their social contract. Advocacy from the governing party’s tripartite alliance towards a developmental state had placed more obligations on the government. This requires deliberate interventions through policies implementation to improve or at best alleviate the well-being of the citizenry. A survey conducted in the township of Khayelitsha to assess the impact of such economic policies on the development of entrepreneurship. Khayelitsha is one of South Africa’s largest townships, an informal settlement profiled by unemployment, poor infrastructure and unavailability of basic services. The study explored the entrepreneurial perception, start-up barriers, entrepreneurship climate, and general cultural factors relating to the environment of entrepreneurship development. The results reveal that despite the various economic policies, high level of unwillingness of citizens towards entrepreneurial activity and business venture is rife notwithstanding the high level of unemployment and poverty. The antidote to these challenges would be a rapid entrepreneurship drive among people most affected that would cause them to mind their own business” and become “masters of their own destinies. Given the complexity and massiveness of the challenges, the conclusion shows that a pragmatic solution is required. Therefore, the emancipation of entrepreneurship development in South Africa townships needs attention. The recommended solution is a pragmatic and innovative strategy based on the acronyms NEEDS HELP which stand for Neighbourhood Enhancement and Environmental Development Strategy and Holistic Entrepreneurial Lifestyle Programme. , Thesis (PhD) -- Faculty of Management and Commerce, 2015
- Full Text:
- Date Issued: 2015
- Authors: Oduwole, Olusola https://orcid.org/0000-0002-1563-7392
- Date: 2015
- Subjects: Entrepreneurship , Economic policy , Economic development -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26302 , vital:65236
- Description: The complexity of the South African society due to past systematic exclusion of some communities from economic activities resulted in the triple challenge of poverty, inequality and unemployment. Although various economic policies had been developed since the advent of the democratic dispensation in 1994, these policies focused on levelling the economic environment, poverty alleviation and massive social security system. However, despite all the interventions, South Africa remains one of the most unequal societies in the world. This is profiled by the mushrooming of informal settlements around cities with job seekers and frequent protests by people who are impatient to experience improvement in their quality of life and who feel cheated out of their social contract. Advocacy from the governing party’s tripartite alliance towards a developmental state had placed more obligations on the government. This requires deliberate interventions through policies implementation to improve or at best alleviate the well-being of the citizenry. A survey conducted in the township of Khayelitsha to assess the impact of such economic policies on the development of entrepreneurship. Khayelitsha is one of South Africa’s largest townships, an informal settlement profiled by unemployment, poor infrastructure and unavailability of basic services. The study explored the entrepreneurial perception, start-up barriers, entrepreneurship climate, and general cultural factors relating to the environment of entrepreneurship development. The results reveal that despite the various economic policies, high level of unwillingness of citizens towards entrepreneurial activity and business venture is rife notwithstanding the high level of unemployment and poverty. The antidote to these challenges would be a rapid entrepreneurship drive among people most affected that would cause them to mind their own business” and become “masters of their own destinies. Given the complexity and massiveness of the challenges, the conclusion shows that a pragmatic solution is required. Therefore, the emancipation of entrepreneurship development in South Africa townships needs attention. The recommended solution is a pragmatic and innovative strategy based on the acronyms NEEDS HELP which stand for Neighbourhood Enhancement and Environmental Development Strategy and Holistic Entrepreneurial Lifestyle Programme. , Thesis (PhD) -- Faculty of Management and Commerce, 2015
- Full Text:
- Date Issued: 2015
A critical assessment of the inter-governmental relations clusters system in the south African local government context: the case of Raymond Mhlaba Municipality by infrastructure
- Authors: Mkosana, Luvo
- Date: 2022-11
- Subjects: Infrastructure (Economics) -- South Africa , Public administration -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26841 , vital:66035
- Description: This research is focused on the premise that intergovernmental relations cluster system can be a precondition for improving the state of infrastructure in Raymond Mhlaba Local Municipality. It follows, logically, that engaging stakeholders in all the three spheres of government and allowing them to fully participate in IGR processes has the potential to play a central role in improving infrastructure sector. Without effective and efficient implementation of IGR in the South African public sector, the transformation of the infrastructure sector will continue to menace many local government departments. Given the critics levelled against the processes involved in IGR, the qualitative and method was used as an investigative method to gain a deeper understanding of IGR cluster systems and its general contribution on infrastructural development. The findings showed a general consensus on the importance of the concept of IGR and its potential in ensuring that stakeholders come up with efficient ways to improve the infrastructure sector. Evidence also showed that the main components of infrastructure such as electricity, housing, water and sanitation and roads are still facing challenges and there are backlogs despite the efforts by all the three spheres of government to ensure that the collaborate in improving the sector. This knowledge allows the adoption of a bottom-up approach to IGR cluster system in the South African local government sector. , Thesis (MPA) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-11
- Authors: Mkosana, Luvo
- Date: 2022-11
- Subjects: Infrastructure (Economics) -- South Africa , Public administration -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26841 , vital:66035
- Description: This research is focused on the premise that intergovernmental relations cluster system can be a precondition for improving the state of infrastructure in Raymond Mhlaba Local Municipality. It follows, logically, that engaging stakeholders in all the three spheres of government and allowing them to fully participate in IGR processes has the potential to play a central role in improving infrastructure sector. Without effective and efficient implementation of IGR in the South African public sector, the transformation of the infrastructure sector will continue to menace many local government departments. Given the critics levelled against the processes involved in IGR, the qualitative and method was used as an investigative method to gain a deeper understanding of IGR cluster systems and its general contribution on infrastructural development. The findings showed a general consensus on the importance of the concept of IGR and its potential in ensuring that stakeholders come up with efficient ways to improve the infrastructure sector. Evidence also showed that the main components of infrastructure such as electricity, housing, water and sanitation and roads are still facing challenges and there are backlogs despite the efforts by all the three spheres of government to ensure that the collaborate in improving the sector. This knowledge allows the adoption of a bottom-up approach to IGR cluster system in the South African local government sector. , Thesis (MPA) -- Faculty of Management and Commerce, 2022
- Full Text:
- Date Issued: 2022-11
A Critical Assessment of the Legal and Policy Frameworks for Combating Child Trafficking in the Southern African Development Community
- Muvhevhi, Roseline Rumbidzai https://orcid.org/0009-0006-1024-5548
- Authors: Muvhevhi, Roseline Rumbidzai https://orcid.org/0009-0006-1024-5548
- Date: 2022-09
- Subjects: Child trafficking -- Law and legislation -- Africa, Southern , Child welfare -- Africa, Southern
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26728 , vital:65969
- Description: Child trafficking is a longstanding problem which affects victims and communities in various ways and therefore requires stern action both at the global and regional level. In the Southern African Development Community (SADC) region, the crime is closely connected to the existing socio-economic challenges such as poverty; underdevelopment; lack of equal economic opportunities; HIV/AIDS; and human rights violations. As a result, SADC States are fertile sources, transit zones and destinations for child trafficking. It is internationally recognised that it is States such as those in the SADC region that require a comprehensive approach to prevent and prosecute the crime while simultaneously ensuring victim protection. To this effect, the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children is the primary instrument that seeks to provide such a comprehensive approach to child trafficking. Therefore, the current regional and national responses to child trafficking in most SADC States, are influenced by this Protocol. Despite these legislative and policy efforts to combat the crime, statistics show that in recent years child trafficking has been rapidly increasing in SADC. Thus, this research seeks to investigate why child trafficking remains prevalent in the region despite a plethora of measures against the crime. The research, therefore, assesses the effectiveness of the legal and policy measures taken by the SADC States to combat child trafficking using a qualitative approach involving analysis and interpretation of relevant legislation and policies. The primary focus is on the Trafficking Protocol as the main child trafficking instrument at the international level. The role of non-child trafficking instruments in the absence of a community instrument against the crime in SADC is also analysed. This research observes that the increasing child trafficking problem in the region is not mainly because of a lack of adequate legislation or policies but the lack of effective implementation of measures. Without a regional comprehensive and coordinated implementation approach, these measures remain weak and inadequate to fully combat child trafficking in the region. To this end, numerous legislative, policy, institutional and operational reform mechanisms to strengthen the subsisting measures against child trafficking in the region and areas for further research are recommended. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-09
- Authors: Muvhevhi, Roseline Rumbidzai https://orcid.org/0009-0006-1024-5548
- Date: 2022-09
- Subjects: Child trafficking -- Law and legislation -- Africa, Southern , Child welfare -- Africa, Southern
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26728 , vital:65969
- Description: Child trafficking is a longstanding problem which affects victims and communities in various ways and therefore requires stern action both at the global and regional level. In the Southern African Development Community (SADC) region, the crime is closely connected to the existing socio-economic challenges such as poverty; underdevelopment; lack of equal economic opportunities; HIV/AIDS; and human rights violations. As a result, SADC States are fertile sources, transit zones and destinations for child trafficking. It is internationally recognised that it is States such as those in the SADC region that require a comprehensive approach to prevent and prosecute the crime while simultaneously ensuring victim protection. To this effect, the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children is the primary instrument that seeks to provide such a comprehensive approach to child trafficking. Therefore, the current regional and national responses to child trafficking in most SADC States, are influenced by this Protocol. Despite these legislative and policy efforts to combat the crime, statistics show that in recent years child trafficking has been rapidly increasing in SADC. Thus, this research seeks to investigate why child trafficking remains prevalent in the region despite a plethora of measures against the crime. The research, therefore, assesses the effectiveness of the legal and policy measures taken by the SADC States to combat child trafficking using a qualitative approach involving analysis and interpretation of relevant legislation and policies. The primary focus is on the Trafficking Protocol as the main child trafficking instrument at the international level. The role of non-child trafficking instruments in the absence of a community instrument against the crime in SADC is also analysed. This research observes that the increasing child trafficking problem in the region is not mainly because of a lack of adequate legislation or policies but the lack of effective implementation of measures. Without a regional comprehensive and coordinated implementation approach, these measures remain weak and inadequate to fully combat child trafficking in the region. To this end, numerous legislative, policy, institutional and operational reform mechanisms to strengthen the subsisting measures against child trafficking in the region and areas for further research are recommended. , Thesis (LLD) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-09
A critical assessment of the relationship between the AfCFTA and World Trade Organisation dispute settlement mechanisms, in light of the Conflict of Jurisdiction
- Nhemachena, Tichakunda Charles
- Authors: Nhemachena, Tichakunda Charles
- Date: 2021-10-29
- Subjects: African Continental Free Trade Area , World Trade Organization , Dispute resolution (Law) , Conflict of judicial decisions , Good faith (Law)
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/192052 , vital:45191
- Description: This thesis interrogates the relationship between the Dispute Settlement Understanding and Africa Continental Free Trade Area dispute settlement mechanism, in light of the conflict of jurisdiction. The conflict of jurisdiction is an adverse effect of the fragmentation of international law. The uncoordinated proliferation of international treaties has increased occurrences of overlapping memberships and overlapping subject matter regulation amongst treaties. Whenever the overlaps mentioned above exist, and a dispute arises concerning matters of overlap, that dispute can be heard in more than one tribunal, giving rise to a conflict of jurisdiction. Jurisdictional conflicts are a problem because they breed uncertainty in the adjudication of disputes; they increase the risk of forum shopping, conflict of rulings, protracted litigation, and waste resources. There is a significant risk for jurisdictional conflicts between the World Trade Organisation and Africa Continental Free Trade Area agreements, because of membership and subject matter overlaps. To mitigate the problems caused by jurisdictional conflicts, the Africa Continental Free Trade Area agreement has incorporated a fork-in-the-road clause. Fork-in-the-road provisions allow parties to choose their preferred forum, and once the forum is chosen, the parties are prohibited from bringing the same dispute to another tribunal. Unfortunately, fork-in-the-road clauses are insufficient in resolving jurisdictional conflicts because they do not bind the Dispute Settlement Understanding. It is only bound to enforce World Trade Organisation obligations and not non-World Trade Organisation obligations. The extent to which non-World Trade Organisation norms apply in the Dispute Settlement Understanding is unsettled, making it difficult to conclude whether a fork-in-the-road provision will be effective an effective solution to potential jurisdictional conflicts. In this thesis, the researcher investigates the prospects of the World Trade Organisation applying the AfCFTA fork-in-the-road clause, directly, as a potential solution to the conflict of jurisdiction. In addition, the researcher will also investigate an alternative means of applying the AfCFTA fork-in-the-road provision, indirectly, using the World Trade Organisation procedural good faith provisions. In conclusion, the researcher provides recommendations on how the World Trade Organisation and the AfCFTA agreement can facilitate the application of fork-in-the-road clauses in the Dispute Settlement Understanding to resolve the conflict of jurisdiction. , Thesis (LLM) -- Faculty of Law, Law, 2021
- Full Text:
- Date Issued: 2021-10-29
- Authors: Nhemachena, Tichakunda Charles
- Date: 2021-10-29
- Subjects: African Continental Free Trade Area , World Trade Organization , Dispute resolution (Law) , Conflict of judicial decisions , Good faith (Law)
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/192052 , vital:45191
- Description: This thesis interrogates the relationship between the Dispute Settlement Understanding and Africa Continental Free Trade Area dispute settlement mechanism, in light of the conflict of jurisdiction. The conflict of jurisdiction is an adverse effect of the fragmentation of international law. The uncoordinated proliferation of international treaties has increased occurrences of overlapping memberships and overlapping subject matter regulation amongst treaties. Whenever the overlaps mentioned above exist, and a dispute arises concerning matters of overlap, that dispute can be heard in more than one tribunal, giving rise to a conflict of jurisdiction. Jurisdictional conflicts are a problem because they breed uncertainty in the adjudication of disputes; they increase the risk of forum shopping, conflict of rulings, protracted litigation, and waste resources. There is a significant risk for jurisdictional conflicts between the World Trade Organisation and Africa Continental Free Trade Area agreements, because of membership and subject matter overlaps. To mitigate the problems caused by jurisdictional conflicts, the Africa Continental Free Trade Area agreement has incorporated a fork-in-the-road clause. Fork-in-the-road provisions allow parties to choose their preferred forum, and once the forum is chosen, the parties are prohibited from bringing the same dispute to another tribunal. Unfortunately, fork-in-the-road clauses are insufficient in resolving jurisdictional conflicts because they do not bind the Dispute Settlement Understanding. It is only bound to enforce World Trade Organisation obligations and not non-World Trade Organisation obligations. The extent to which non-World Trade Organisation norms apply in the Dispute Settlement Understanding is unsettled, making it difficult to conclude whether a fork-in-the-road provision will be effective an effective solution to potential jurisdictional conflicts. In this thesis, the researcher investigates the prospects of the World Trade Organisation applying the AfCFTA fork-in-the-road clause, directly, as a potential solution to the conflict of jurisdiction. In addition, the researcher will also investigate an alternative means of applying the AfCFTA fork-in-the-road provision, indirectly, using the World Trade Organisation procedural good faith provisions. In conclusion, the researcher provides recommendations on how the World Trade Organisation and the AfCFTA agreement can facilitate the application of fork-in-the-road clauses in the Dispute Settlement Understanding to resolve the conflict of jurisdiction. , Thesis (LLM) -- Faculty of Law, Law, 2021
- Full Text:
- Date Issued: 2021-10-29
A critical examination of the regulation of fixed term employment services under South African Labour Laws
- Authors: Faku, Xolisa
- Date: 2018-12
- Subjects: Labor laws and legislation , Labor contract , Industrial relations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23034 , vital:55101
- Description: South Africa is the most unequal society on the planet, overwhelming Brazil, with a critical increment in wage inequalities. In a quest to reduce unemployment, this research is at the focal point of our nation's activity emergency. In any case, there ought to be components to ensure representation against oppressive work rehearses. The Labour Relations Act denoted a noteworthy change in South Africa's statutory modern relations framework. Following the progress to political majority rule government, the LRA embodied the new government's means to remake and democratize the economy and society as connected in the work relations field. Specifically, it presented new organizations went for giving managers and labourers a chance to break with the serious adversarialism that portrayed their relations before. In extending the equitable change, the Labour Relations Act which offered ascend to the foundation of the National Economic Development and Labour Council (NEDLAC) appeared on 18 February 1995, in an offer to add authenticity and straightforwardness to the financial basic leadership process. This research will investigate the law representing fixed term employment in South Africa. It will further give an investigation of the legitimate framework of fixed term representative keeping in mind the end goal to decide if it advances not too bad work in South Africa. This investigation intends to call attention to any substantive and procedural imperfections that might be accessible in the law. The study will likewise be taking the potential lessons which can be gained from different nations with comparative Fixed-term work challenges i.e. Namibia. This implies the examination will survey the current zone of law and propose an alternate approach. This will be finished by investigating important case law and enactments which secure settled term business. In certainty, the investigation intends to give new point of view regarding the matter of fixed term work and proffer a few changes to the law. , Thesis (MA) -- Faculty of Law, 2018
- Full Text:
- Date Issued: 2018-12
- Authors: Faku, Xolisa
- Date: 2018-12
- Subjects: Labor laws and legislation , Labor contract , Industrial relations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23034 , vital:55101
- Description: South Africa is the most unequal society on the planet, overwhelming Brazil, with a critical increment in wage inequalities. In a quest to reduce unemployment, this research is at the focal point of our nation's activity emergency. In any case, there ought to be components to ensure representation against oppressive work rehearses. The Labour Relations Act denoted a noteworthy change in South Africa's statutory modern relations framework. Following the progress to political majority rule government, the LRA embodied the new government's means to remake and democratize the economy and society as connected in the work relations field. Specifically, it presented new organizations went for giving managers and labourers a chance to break with the serious adversarialism that portrayed their relations before. In extending the equitable change, the Labour Relations Act which offered ascend to the foundation of the National Economic Development and Labour Council (NEDLAC) appeared on 18 February 1995, in an offer to add authenticity and straightforwardness to the financial basic leadership process. This research will investigate the law representing fixed term employment in South Africa. It will further give an investigation of the legitimate framework of fixed term representative keeping in mind the end goal to decide if it advances not too bad work in South Africa. This investigation intends to call attention to any substantive and procedural imperfections that might be accessible in the law. The study will likewise be taking the potential lessons which can be gained from different nations with comparative Fixed-term work challenges i.e. Namibia. This implies the examination will survey the current zone of law and propose an alternate approach. This will be finished by investigating important case law and enactments which secure settled term business. In certainty, the investigation intends to give new point of view regarding the matter of fixed term work and proffer a few changes to the law. , Thesis (MA) -- Faculty of Law, 2018
- Full Text:
- Date Issued: 2018-12
A critical exploration of the attitudes towards and knowledge of natural resource management amongst first-year Natural Resource Management students
- Authors: Jooste, Eileen
- Date: 2021-12
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's , text
- Identifier: http://hdl.handle.net/10948/53666 , vital:45688
- Description: Available literature suggests that there is a need to gain more understanding of what students’ environmental attitudes and knowledge are and how they are developed by education systems. Education, in general, plays an important role in students’ attitudes and their knowledge of the world around them. It can shape students’ awareness of their natural environment and contribute to their understanding of environmental issues. Education can also strengthen students’ critical thinking, build awareness, stimulate problem solving, and promote sustainable practices. It has the potential to empower students to address global challenges from their own diverse perspectives and prepare them to uphold the economy. Education can improve and maintain societal wellbeing and can help students to maintain the natural environment, along with achieving sustainable development. Environmental education, specifically, can play a big role in how students deal with the natural environment. The primary aim of this qualitative research study was to examine first-year students’ environmental attitudes and knowledge in the School of Natural Resource Management at the Nelson Mandela University George Campus, South Africa. First-year students’ environmental attitudes and knowledge were examined as they entered the university, and then again at the end of the first semester once they had completed a module in ecology. More specifically, at the outset of the research the objectives were (1) to establish an understanding of the baseline environmental attitudes and knowledge of first-year students who were undertaking three ecological modules being offered by the School of Natural Resource Management; (2) to assess the changes in the first-year students’ environmental attitudes and knowledge, using a post-intervention strategy; (3) to understand what type of teaching approaches were used by the lecturers teaching the ecological modules; and (4) to evaluate how the teaching approaches of the lecturers influenced the baseline environmental attitudes and knowledge of the student group. This research took place in the midst of the Corona Virus pandemic, which had significantly influenced the teaching and learning environment. Multiple education systems, including those of the Nelson Mandela University George Campus, had to rapidly transition to online teaching and learning. So, although unplanned for, this research could not ignore the rapid transition to online teaching and learning and the role it played in shaping the first-year School of Natural Resource Management students’ environmental attitudes and knowledge. It also impacted the teaching approaches of the environmental lecturers. An additional objective in response to the rapid transition to online teaching and learning was, therefore, added: (5) to understand the experiences of the first-year School of Natural Resource Management students and the three environmental lecturers who had to rapidly transition to online teaching and learning. Data was collected via questionnaires and semi-structured interviews with students and staff in the School of Natural Resource Management at Nelson Mandela University George Campus within three different natural resource management programs, namely Agriculture, Nature Conservation, and Forestry. Baseline questionnaires were conducted with 107 students for a baseline assessment as the students entered the university. An online post-intervention questionnaire was conducted with 33 of the initial group of students at the end of the semester for a post-intervention assessment. In-depth semi-structured interviews were conducted with three environmental lectures before they taught their three ecology modules in each of the programs. Additional online semi-structured interviews were also done with the same three environmental lectures after the rapid transition to online teaching and learning took place. The significant findings from this research were analyzed and discussed. This included the baseline environmental attitudes and knowledge of the student body upon arrival at the university and the changes in their environmental attitudes and knowledge after they were exposed to the ecology modules taught in each of the programs. The discussion also included the teaching approaches adopted by the environmental lecturers and the influence their teaching approaches had on the students’ environmental attitudes and knowledge. In addition, the results shed light on the experiences of students and lecturers during the rapid transition to online teaching and learning. The main conclusions reached were that the first-year School of Natural Resource Management students did not have a deep understanding of ecological concepts prior to arriving at university, but they did show a concern for the natural environment. Their lack of understanding was reduced as the students progressed with the ecology module. A greater understanding resulted in a change in students’ perspectives on the ecological module, their program, and the industry they were preparing to enter after being exposed to the ecology module. The environmental lecturers’ teaching approaches contributed to improving the students’ environmental attitudes and knowledge. When it came to the rapid transition to online teaching and learning, both the first-year School of Natural Resource Management students and environmental lecturers experienced benefits and challenges. , Thesis (MSc) -- Faculty of Science, School of Natural Resource Management, 2021
- Full Text:
- Date Issued: 2021-12
- Authors: Jooste, Eileen
- Date: 2021-12
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's , text
- Identifier: http://hdl.handle.net/10948/53666 , vital:45688
- Description: Available literature suggests that there is a need to gain more understanding of what students’ environmental attitudes and knowledge are and how they are developed by education systems. Education, in general, plays an important role in students’ attitudes and their knowledge of the world around them. It can shape students’ awareness of their natural environment and contribute to their understanding of environmental issues. Education can also strengthen students’ critical thinking, build awareness, stimulate problem solving, and promote sustainable practices. It has the potential to empower students to address global challenges from their own diverse perspectives and prepare them to uphold the economy. Education can improve and maintain societal wellbeing and can help students to maintain the natural environment, along with achieving sustainable development. Environmental education, specifically, can play a big role in how students deal with the natural environment. The primary aim of this qualitative research study was to examine first-year students’ environmental attitudes and knowledge in the School of Natural Resource Management at the Nelson Mandela University George Campus, South Africa. First-year students’ environmental attitudes and knowledge were examined as they entered the university, and then again at the end of the first semester once they had completed a module in ecology. More specifically, at the outset of the research the objectives were (1) to establish an understanding of the baseline environmental attitudes and knowledge of first-year students who were undertaking three ecological modules being offered by the School of Natural Resource Management; (2) to assess the changes in the first-year students’ environmental attitudes and knowledge, using a post-intervention strategy; (3) to understand what type of teaching approaches were used by the lecturers teaching the ecological modules; and (4) to evaluate how the teaching approaches of the lecturers influenced the baseline environmental attitudes and knowledge of the student group. This research took place in the midst of the Corona Virus pandemic, which had significantly influenced the teaching and learning environment. Multiple education systems, including those of the Nelson Mandela University George Campus, had to rapidly transition to online teaching and learning. So, although unplanned for, this research could not ignore the rapid transition to online teaching and learning and the role it played in shaping the first-year School of Natural Resource Management students’ environmental attitudes and knowledge. It also impacted the teaching approaches of the environmental lecturers. An additional objective in response to the rapid transition to online teaching and learning was, therefore, added: (5) to understand the experiences of the first-year School of Natural Resource Management students and the three environmental lecturers who had to rapidly transition to online teaching and learning. Data was collected via questionnaires and semi-structured interviews with students and staff in the School of Natural Resource Management at Nelson Mandela University George Campus within three different natural resource management programs, namely Agriculture, Nature Conservation, and Forestry. Baseline questionnaires were conducted with 107 students for a baseline assessment as the students entered the university. An online post-intervention questionnaire was conducted with 33 of the initial group of students at the end of the semester for a post-intervention assessment. In-depth semi-structured interviews were conducted with three environmental lectures before they taught their three ecology modules in each of the programs. Additional online semi-structured interviews were also done with the same three environmental lectures after the rapid transition to online teaching and learning took place. The significant findings from this research were analyzed and discussed. This included the baseline environmental attitudes and knowledge of the student body upon arrival at the university and the changes in their environmental attitudes and knowledge after they were exposed to the ecology modules taught in each of the programs. The discussion also included the teaching approaches adopted by the environmental lecturers and the influence their teaching approaches had on the students’ environmental attitudes and knowledge. In addition, the results shed light on the experiences of students and lecturers during the rapid transition to online teaching and learning. The main conclusions reached were that the first-year School of Natural Resource Management students did not have a deep understanding of ecological concepts prior to arriving at university, but they did show a concern for the natural environment. Their lack of understanding was reduced as the students progressed with the ecology module. A greater understanding resulted in a change in students’ perspectives on the ecological module, their program, and the industry they were preparing to enter after being exposed to the ecology module. The environmental lecturers’ teaching approaches contributed to improving the students’ environmental attitudes and knowledge. When it came to the rapid transition to online teaching and learning, both the first-year School of Natural Resource Management students and environmental lecturers experienced benefits and challenges. , Thesis (MSc) -- Faculty of Science, School of Natural Resource Management, 2021
- Full Text:
- Date Issued: 2021-12
A Critical Review of Environmental Governance, Land Restitution, and Tourism in Protected Areas
- Authors: Ramukumba, Takalani
- Date: 2021
- Subjects: Tourism Land use Environmental protection Wildlife conservation Article
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/11260/7029 , vital:52756 , xlink:href=":https://doi.org/10.46222/ajhtl.19770720.200"
- Description: Natural areas, when protected, conserve the natural environment and function as social spaces in which tourism brings increased income, employment, and financial support for conservation. The inclusion of local community members in the planning and management of protected areas has been on the rise since the early 1900s. Tourism has been advocated as a strategy that can help in achieving economic development, especially in rural areas. However, governance issues and potential negative impacts of tourism development have been under inspection. Conservation efforts in Southern Africa especially in the late 1800s and early 1900s had negative impacts on the local communities since this led to many communities being displaced or having limited access to these protected areas. This has seen the need for ways and efforts to get local community members' despondency and attitudes towards protected areas change such that in the 20th century, there were efforts to use conservation models that included community members in the decision-making and benefit-sharing process to garner their support for protected areas. This paper reviews literature on environmental governance, land restitution in protected areas, tourism in protected areas, co-management, and the importance of community participation. These concepts are reviewed using Manyeleti Game Reserve as a case study. Keywords: Tourism, land restitution, environmental governance, wildlife resources, and stakeholder participation
- Full Text:
- Date Issued: 2021
- Authors: Ramukumba, Takalani
- Date: 2021
- Subjects: Tourism Land use Environmental protection Wildlife conservation Article
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/11260/7029 , vital:52756 , xlink:href=":https://doi.org/10.46222/ajhtl.19770720.200"
- Description: Natural areas, when protected, conserve the natural environment and function as social spaces in which tourism brings increased income, employment, and financial support for conservation. The inclusion of local community members in the planning and management of protected areas has been on the rise since the early 1900s. Tourism has been advocated as a strategy that can help in achieving economic development, especially in rural areas. However, governance issues and potential negative impacts of tourism development have been under inspection. Conservation efforts in Southern Africa especially in the late 1800s and early 1900s had negative impacts on the local communities since this led to many communities being displaced or having limited access to these protected areas. This has seen the need for ways and efforts to get local community members' despondency and attitudes towards protected areas change such that in the 20th century, there were efforts to use conservation models that included community members in the decision-making and benefit-sharing process to garner their support for protected areas. This paper reviews literature on environmental governance, land restitution in protected areas, tourism in protected areas, co-management, and the importance of community participation. These concepts are reviewed using Manyeleti Game Reserve as a case study. Keywords: Tourism, land restitution, environmental governance, wildlife resources, and stakeholder participation
- Full Text:
- Date Issued: 2021
A Cross-cultural analysis of the normative indicators of the Beck Depression Inventory II(BDI-II) and the Beck Anxiety Inventory (BAI) amongst young adults in the Eastern Cape,South Africa
- Fourie, Claire https://orcid.org/0000-0002-0255-204X
- Authors: Fourie, Claire https://orcid.org/0000-0002-0255-204X
- Date: 2018
- Subjects: Stress (Psychology) , Depression, Mental
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/25117 , vital:63979
- Description: Mental illness rates are climbing, locally and globally. The World Health Organization (2001) has claimed that one in four people will be affected by a psychiatric disorder during their lifetime. With this in mind, there is an array of psychometric assessment measures that are used as tools to assist in the mental health care field. Two such measures are the Beck Anxiety Inventory (BAI) and the Beck Depression Inventory-II (BDI-II). These measures are used globally to assist with the diagnosis and treatment of depression and anxiety. However, in South Africa, a paucity of normative indicators exists. This research set out to determine if there are significant differences in performance on the BAI and BDI-II when comparing a sample from the Eastern Cape, South Africa, to the international norms. It was found that performances on the BAI between the local sample and the international sample did not differ significantly. The local sample, on average, performed 4.76 points lower on the BDI-II than those assessed in the international norms. A series of theoretical models are explored in elucidating the findings in this study. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2018
- Full Text:
- Date Issued: 2018
- Authors: Fourie, Claire https://orcid.org/0000-0002-0255-204X
- Date: 2018
- Subjects: Stress (Psychology) , Depression, Mental
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/25117 , vital:63979
- Description: Mental illness rates are climbing, locally and globally. The World Health Organization (2001) has claimed that one in four people will be affected by a psychiatric disorder during their lifetime. With this in mind, there is an array of psychometric assessment measures that are used as tools to assist in the mental health care field. Two such measures are the Beck Anxiety Inventory (BAI) and the Beck Depression Inventory-II (BDI-II). These measures are used globally to assist with the diagnosis and treatment of depression and anxiety. However, in South Africa, a paucity of normative indicators exists. This research set out to determine if there are significant differences in performance on the BAI and BDI-II when comparing a sample from the Eastern Cape, South Africa, to the international norms. It was found that performances on the BAI between the local sample and the international sample did not differ significantly. The local sample, on average, performed 4.76 points lower on the BDI-II than those assessed in the international norms. A series of theoretical models are explored in elucidating the findings in this study. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2018
- Full Text:
- Date Issued: 2018
A culturally responsive strategy for teaching sexual concepts in rural Xhosa secondary schools
- Authors: Simayi, Ayanda
- Date: 2021-11
- Subjects: Sex instruction for children , Sex instruction for youth , Rural schools -- South Africa -- Eastern Cape
- Language: English
- Type: Doctorate's theses , text
- Identifier: http://hdl.handle.net/10948/58519 , vital:59660
- Description: While research shows that the recognition and integration of indigenous knowledge (IK) is an important issue for developing culturally responsive strategies when teaching and learning science to, and by, indigenous people, little has been said about cultural taboos of a sexual nature and their effects on teaching and learning. This study investigated issues of taboo language use when teaching topics of a sexual nature during high school Biology classes. It also investigated the effects of a teacher development intervention based on Ogunniyi’s Contiguity Argumentation Theory (CATPD) towards culturally responsive teaching strategies. Four phases in one cycle of a Critical Participatory Action Learning and Action Research (CPALAR) design were used in schools located in deep rural villages with a sample of Life Science Grade 12 teachers. Initially, 30 teachers answered a semi-structured questionnaire aimed at identifying cultural restrictions that could impede the teaching of sexual concepts (Stage 1). Stages 2-4 included seven participants of both gender. Data were generated from two sets of drawings with descriptions and audio recorded focus group discussions. The teaching of a collectively developed Indigenised Teaching Strategy lesson by a group-selected ‘modelteacher’ was video-recorded and analysed. Written participant evaluation is presented in a flow chart. Data analysis was done by manual thematic data analysis and by using Atlas ti. 8. The use of multiple data collection strategies contributed to the trustworthiness and credibility of the study. The few existing studies on cultural taboos report avoidance of using the vernacular for biological terminology and promote the exclusive use of standard, terms in English. In contrast, Xhosa IK-based sexual euphemisms derived from elderly, unlearned Xhosa women were successfully used for teaching sexual concepts. The teachers reported their findings through the cultural lens of Xhosa people. Cognitive change from the suppressed level in the CAT hierarchy to a more harmonious equipollent level of understanding was brought about using Bakhtin’s theory of heteroglossia and the indigenist cognitive perspective of Contiguity Argumentation Theory. This cognitive shift enabled verbalisation of the culturally avoided taboo sexual concepts. The transition in thinking symbolised transformation in terms of critical pedagogy. The claim is made that using Contiguity Argumentation Theory (CAT) and Bakhtin’s explanations of heteroglossia provides an effective professional intervention in a deeply culturally determined Xhosa community. While not generalisable, the effect of this strategy should be of value when considering teacher development in indigenous communities and disciplines. , Thesis (PhD) -- Faculty of Education, 2021
- Full Text:
- Date Issued: 2021-11
- Authors: Simayi, Ayanda
- Date: 2021-11
- Subjects: Sex instruction for children , Sex instruction for youth , Rural schools -- South Africa -- Eastern Cape
- Language: English
- Type: Doctorate's theses , text
- Identifier: http://hdl.handle.net/10948/58519 , vital:59660
- Description: While research shows that the recognition and integration of indigenous knowledge (IK) is an important issue for developing culturally responsive strategies when teaching and learning science to, and by, indigenous people, little has been said about cultural taboos of a sexual nature and their effects on teaching and learning. This study investigated issues of taboo language use when teaching topics of a sexual nature during high school Biology classes. It also investigated the effects of a teacher development intervention based on Ogunniyi’s Contiguity Argumentation Theory (CATPD) towards culturally responsive teaching strategies. Four phases in one cycle of a Critical Participatory Action Learning and Action Research (CPALAR) design were used in schools located in deep rural villages with a sample of Life Science Grade 12 teachers. Initially, 30 teachers answered a semi-structured questionnaire aimed at identifying cultural restrictions that could impede the teaching of sexual concepts (Stage 1). Stages 2-4 included seven participants of both gender. Data were generated from two sets of drawings with descriptions and audio recorded focus group discussions. The teaching of a collectively developed Indigenised Teaching Strategy lesson by a group-selected ‘modelteacher’ was video-recorded and analysed. Written participant evaluation is presented in a flow chart. Data analysis was done by manual thematic data analysis and by using Atlas ti. 8. The use of multiple data collection strategies contributed to the trustworthiness and credibility of the study. The few existing studies on cultural taboos report avoidance of using the vernacular for biological terminology and promote the exclusive use of standard, terms in English. In contrast, Xhosa IK-based sexual euphemisms derived from elderly, unlearned Xhosa women were successfully used for teaching sexual concepts. The teachers reported their findings through the cultural lens of Xhosa people. Cognitive change from the suppressed level in the CAT hierarchy to a more harmonious equipollent level of understanding was brought about using Bakhtin’s theory of heteroglossia and the indigenist cognitive perspective of Contiguity Argumentation Theory. This cognitive shift enabled verbalisation of the culturally avoided taboo sexual concepts. The transition in thinking symbolised transformation in terms of critical pedagogy. The claim is made that using Contiguity Argumentation Theory (CAT) and Bakhtin’s explanations of heteroglossia provides an effective professional intervention in a deeply culturally determined Xhosa community. While not generalisable, the effect of this strategy should be of value when considering teacher development in indigenous communities and disciplines. , Thesis (PhD) -- Faculty of Education, 2021
- Full Text:
- Date Issued: 2021-11
A data-driven decision-making model for the third-party logistics industry in Africa
- Authors: Moyo, Faith
- Date: 2021-12
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/53875 , vital:46022
- Description: Third-party logistics (3PL) providers have continued to be key players in the supply chain network and have witnessed a growth in the usage of information technology. This growth has enhanced the volume of structured and unstructured data that is collected at a high velocity, and is of rich variety, sometimes described as “Big Data”. Leaders in the 3PL industry are constantly seeking to effectively and efficiently mature their abilities to exploit this data to gain business value through data-driven decision-making (DDDM). DDDM helps the leaders to reduce the reliance they place on observations and intuition to make crucial business decisions in a volatile business environment. The aim of this research was to develop a prescriptive model for DDDM in 3PLs. The model consists of iterative elements that prescribe guidelines to decision-makers in the 3PL industry on how to adopt DDDM. A literature review of existing theoretical frameworks and models for DDDM was conducted to determine the extent to which they contribute towards DDDM for 3PLs. The Design-Science Research Methodology (DSRM) was followed to address the aim of the research and applied to pragmatically and iteratively develop and evaluate the artefact (the model for DDDM) in the real-world context of a 3PL. The literature findings revealed that the challenges with DDDM in organisations include three main categories of challenges related to data quality, data management, vision and capabilities. Once the challenges with DDDM were established, a prescriptive model was designed and developed for DDDM in 3PLs. Qualitative data was collected from semi-structured interviews to gain an understanding of the problems and possible solutions in the real-world context of 3PLs. An As-Is Analysis in the real-world case 3PL company confirmed the challenges identified in literature, and that data is still used in the 3PL company for descriptive and diagnostic analytics to aid with the decision-making processes. This highlights that there is still room for maturity into using data for predictive and prescriptive analytics that will, in turn, improve the decision-making process. An improved second version of the model was demonstrated to the participants (the targeted users), who had the opportunity to evaluate the model. The findings revealed that the model provided clear guidelines on how to make data-driven decisions and that the feedback loop and the data culture aspects highlighted in the design were some of the important features of the model. Some improvements were suggested by participants. A field study of three data analytics tools was conducted to identify the advantages and disadvantages of each as well as to highlight the status of DDDM at the real-world case 3PL. The limitations of the second version of the model, together with the recommendations from the participants were used to inform the improved and revised third version of the model. , Thesis (MSc) -- Faculty of Science, School of Computer Science, Mathematics, Physics and Statistics, 2021
- Full Text:
- Date Issued: 2021-12
- Authors: Moyo, Faith
- Date: 2021-12
- Subjects: Port Elizabeth (South Africa) , Eastern Cape (South Africa) , South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/53875 , vital:46022
- Description: Third-party logistics (3PL) providers have continued to be key players in the supply chain network and have witnessed a growth in the usage of information technology. This growth has enhanced the volume of structured and unstructured data that is collected at a high velocity, and is of rich variety, sometimes described as “Big Data”. Leaders in the 3PL industry are constantly seeking to effectively and efficiently mature their abilities to exploit this data to gain business value through data-driven decision-making (DDDM). DDDM helps the leaders to reduce the reliance they place on observations and intuition to make crucial business decisions in a volatile business environment. The aim of this research was to develop a prescriptive model for DDDM in 3PLs. The model consists of iterative elements that prescribe guidelines to decision-makers in the 3PL industry on how to adopt DDDM. A literature review of existing theoretical frameworks and models for DDDM was conducted to determine the extent to which they contribute towards DDDM for 3PLs. The Design-Science Research Methodology (DSRM) was followed to address the aim of the research and applied to pragmatically and iteratively develop and evaluate the artefact (the model for DDDM) in the real-world context of a 3PL. The literature findings revealed that the challenges with DDDM in organisations include three main categories of challenges related to data quality, data management, vision and capabilities. Once the challenges with DDDM were established, a prescriptive model was designed and developed for DDDM in 3PLs. Qualitative data was collected from semi-structured interviews to gain an understanding of the problems and possible solutions in the real-world context of 3PLs. An As-Is Analysis in the real-world case 3PL company confirmed the challenges identified in literature, and that data is still used in the 3PL company for descriptive and diagnostic analytics to aid with the decision-making processes. This highlights that there is still room for maturity into using data for predictive and prescriptive analytics that will, in turn, improve the decision-making process. An improved second version of the model was demonstrated to the participants (the targeted users), who had the opportunity to evaluate the model. The findings revealed that the model provided clear guidelines on how to make data-driven decisions and that the feedback loop and the data culture aspects highlighted in the design were some of the important features of the model. Some improvements were suggested by participants. A field study of three data analytics tools was conducted to identify the advantages and disadvantages of each as well as to highlight the status of DDDM at the real-world case 3PL. The limitations of the second version of the model, together with the recommendations from the participants were used to inform the improved and revised third version of the model. , Thesis (MSc) -- Faculty of Science, School of Computer Science, Mathematics, Physics and Statistics, 2021
- Full Text:
- Date Issued: 2021-12
A decade of biological control of Parthenium hysterophorus L.(Asteraceae) in South Africa reviewed: introduction of insect agents and their status
- Strathie, L W, Cowie, Blair W, McConnachie, Andrew J, Chidawanyika, Frank, Musedeli, Jufter N, Sambo, SMC, Magoso, EX, Gareeb, M
- Authors: Strathie, L W , Cowie, Blair W , McConnachie, Andrew J , Chidawanyika, Frank , Musedeli, Jufter N , Sambo, SMC , Magoso, EX , Gareeb, M
- Date: 2021
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/416795 , vital:71386 , xlink:href="https://hdl.handle.net/10520/ejc-ento_v29_n3_a11"
- Description: The annual herb, Parthenium hysterophorus L. (Asteraceae: Heliantheae) is a severe terrestrial invader globally. Infestations reduce crop yield, limit available grazing, hinder conservation efforts, and affect human and animal health in Africa, Asia and Australia, and on associated islands. Due to the impact and threat of further invasion of P. hysterophorus, a biological control (biocontrol) programme was initiated in 2003 in South Africa. This review discusses the research and implementation activities undertaken on the insect agents from 2011 to 2020. During this period, the stem-boring weevil Listronotus setosipennis Hustache (Coleoptera: Curculionidae), leaf-feeding beetle Zygogramma bicolorata Pallister (Coleoptera: Chrysomelidae) and seed-feeding weevil Smicronyx lutulentus Dietz (Coleoptera: Curculionidae), were found to be host specific and approved for release. Releases of mass-reared insect agents have been concentrated particularly in north-eastern South Africa, where P. hysterophorus infestations are most prolific. Post-release monitoring studies indicated localised establishment and impact of L. setosipennis and S. lutulentus. Listronotus setosipennis persisted through severe drought conditions, and although it disperses slowly, larval feeding is structurally damaging. Establishment of S. lutulentus is improving, reducing seed production where it is established. Zygogramma bicolorata resulted in defoliation at a few sites, but establishment has been poor and the beetle has been absent since 2019. Although a combination of fungal and insect agents were demonstrated to reduce P. hysterophorus, additional natural enemies could improve control. Consequently, the stem-galling moth Epiblema strenuana Walker (Lepidoptera: Tortricidae) and root-crown boring moth Carmenta sp. nr. ithacae (Beutenmüller) (Lepidoptera: Sesiidae) remain under evaluation. The management of P. hysterophorus in South Africa has been guided by the development of a national strategy, which incorporates multiple management methods, including biocontrol. International collaborations have intensified as a growing number of countries begin to utilize biocontrol to manage P. hysterophorus. Despite the progress towards biocontrol of P. hysterophorus during this period, increased utilisation of approved agents and the introduction of additional agents are necessary to achieve greater control.
- Full Text:
- Date Issued: 2021
- Authors: Strathie, L W , Cowie, Blair W , McConnachie, Andrew J , Chidawanyika, Frank , Musedeli, Jufter N , Sambo, SMC , Magoso, EX , Gareeb, M
- Date: 2021
- Subjects: To be catalogued
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/416795 , vital:71386 , xlink:href="https://hdl.handle.net/10520/ejc-ento_v29_n3_a11"
- Description: The annual herb, Parthenium hysterophorus L. (Asteraceae: Heliantheae) is a severe terrestrial invader globally. Infestations reduce crop yield, limit available grazing, hinder conservation efforts, and affect human and animal health in Africa, Asia and Australia, and on associated islands. Due to the impact and threat of further invasion of P. hysterophorus, a biological control (biocontrol) programme was initiated in 2003 in South Africa. This review discusses the research and implementation activities undertaken on the insect agents from 2011 to 2020. During this period, the stem-boring weevil Listronotus setosipennis Hustache (Coleoptera: Curculionidae), leaf-feeding beetle Zygogramma bicolorata Pallister (Coleoptera: Chrysomelidae) and seed-feeding weevil Smicronyx lutulentus Dietz (Coleoptera: Curculionidae), were found to be host specific and approved for release. Releases of mass-reared insect agents have been concentrated particularly in north-eastern South Africa, where P. hysterophorus infestations are most prolific. Post-release monitoring studies indicated localised establishment and impact of L. setosipennis and S. lutulentus. Listronotus setosipennis persisted through severe drought conditions, and although it disperses slowly, larval feeding is structurally damaging. Establishment of S. lutulentus is improving, reducing seed production where it is established. Zygogramma bicolorata resulted in defoliation at a few sites, but establishment has been poor and the beetle has been absent since 2019. Although a combination of fungal and insect agents were demonstrated to reduce P. hysterophorus, additional natural enemies could improve control. Consequently, the stem-galling moth Epiblema strenuana Walker (Lepidoptera: Tortricidae) and root-crown boring moth Carmenta sp. nr. ithacae (Beutenmüller) (Lepidoptera: Sesiidae) remain under evaluation. The management of P. hysterophorus in South Africa has been guided by the development of a national strategy, which incorporates multiple management methods, including biocontrol. International collaborations have intensified as a growing number of countries begin to utilize biocontrol to manage P. hysterophorus. Despite the progress towards biocontrol of P. hysterophorus during this period, increased utilisation of approved agents and the introduction of additional agents are necessary to achieve greater control.
- Full Text:
- Date Issued: 2021
A decision-making model to guide securing blockchain deployments
- Authors: Cronje, Gerhard Roets
- Date: 2021-10-29
- Subjects: Blockchains (Databases) , Bitcoin , Cryptocurrencies , Distributed databases , Computer networks Security measures , Computer networks Security measures Decision making , Ethereum
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/10962/188865 , vital:44793
- Description: Satoshi Nakamoto, the pseudo-identity accredit with the paper that sparked the implementation of Bitcoin, is famously quoted as remarking, electronically of course, that “If you don’t believe it or don’t get it, I don’t have time to try and convince you, sorry” (Tsapis, 2019, p. 1). What is noticeable, 12 years after the famed Satoshi paper that initiated Bitcoin (Nakamoto, 2008), is that blockchain at the very least has staying power and potentially wide application. A lesser known figure Marc Kenisberg, founder of Bitcoin Chaser which is one of the many companies formed around the Bitcoin ecosystem, summarised it well saying “…Blockchain is the tech - Bitcoin is merely the first mainstream manifestation of its potential” (Tsapis, 2019, p. 1). With blockchain still trying to reach its potential and still maturing on its way towards a mainstream technology the main question that arises for security professionals is how do I ensure we do it securely? This research seeks to address that question by proposing a decision-making model that can be used by a security professional to guide them through ensuring appropriate security for blockchain deployments. This research is certainly not the first attempt at discussing the security of the blockchain and will not be the last, as the technology around blockchain and distributed ledger technology is still rapidly evolving. What this research does try to achieve is not to delve into extremely specific areas of blockchain security, or get bogged down in technical details, but to provide a reference framework that aims to cover all the major areas to be considered. The approach followed was to review the literature regarding blockchain and to identify the main security areas to be addressed. It then proposes a decision-making model and tests the model against a fictitious but relevant real-world example. It concludes with learnings from this research. The reader can be the judge, but the model aims to be a practical valuable resource to be used by any security professional, to navigate the security aspects logically and understandably when being involved in a blockchain deployment. In contrast to the Satoshi quote, this research tries to convince the reader and assist him/her in understanding the security choices related to every blockchain deployment. , Thesis (MSc) -- Faculty of Science, Computer Science, 2021
- Full Text:
- Date Issued: 2021-10-29
- Authors: Cronje, Gerhard Roets
- Date: 2021-10-29
- Subjects: Blockchains (Databases) , Bitcoin , Cryptocurrencies , Distributed databases , Computer networks Security measures , Computer networks Security measures Decision making , Ethereum
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/10962/188865 , vital:44793
- Description: Satoshi Nakamoto, the pseudo-identity accredit with the paper that sparked the implementation of Bitcoin, is famously quoted as remarking, electronically of course, that “If you don’t believe it or don’t get it, I don’t have time to try and convince you, sorry” (Tsapis, 2019, p. 1). What is noticeable, 12 years after the famed Satoshi paper that initiated Bitcoin (Nakamoto, 2008), is that blockchain at the very least has staying power and potentially wide application. A lesser known figure Marc Kenisberg, founder of Bitcoin Chaser which is one of the many companies formed around the Bitcoin ecosystem, summarised it well saying “…Blockchain is the tech - Bitcoin is merely the first mainstream manifestation of its potential” (Tsapis, 2019, p. 1). With blockchain still trying to reach its potential and still maturing on its way towards a mainstream technology the main question that arises for security professionals is how do I ensure we do it securely? This research seeks to address that question by proposing a decision-making model that can be used by a security professional to guide them through ensuring appropriate security for blockchain deployments. This research is certainly not the first attempt at discussing the security of the blockchain and will not be the last, as the technology around blockchain and distributed ledger technology is still rapidly evolving. What this research does try to achieve is not to delve into extremely specific areas of blockchain security, or get bogged down in technical details, but to provide a reference framework that aims to cover all the major areas to be considered. The approach followed was to review the literature regarding blockchain and to identify the main security areas to be addressed. It then proposes a decision-making model and tests the model against a fictitious but relevant real-world example. It concludes with learnings from this research. The reader can be the judge, but the model aims to be a practical valuable resource to be used by any security professional, to navigate the security aspects logically and understandably when being involved in a blockchain deployment. In contrast to the Satoshi quote, this research tries to convince the reader and assist him/her in understanding the security choices related to every blockchain deployment. , Thesis (MSc) -- Faculty of Science, Computer Science, 2021
- Full Text:
- Date Issued: 2021-10-29
A design method for end-user engagement and interaction with social media technologies
- Authors: Oyedele, Yemisi
- Date: 2022-04
- Subjects: Social media , End-user computing
- Language: English
- Type: Doctor's theses , text
- Identifier: http://hdl.handle.net/10948/58451 , vital:59284
- Description: Social media technologies are ubiquitous and have become essential information and communication technology applications for society. These technologies provide end-users with the experience of interacting with different social media platforms and socialising with other end-users on these platforms. They also contribute towards the personal development of end-users and the development of the social media community, which has become an important part of their everyday lives. As social media technology evolves, measuring end-user engagement becomes challenging. In the existing literature, the measured engagement, such as the end-user’s activities, typically represents an aspect of the experience that the end-users have with the technology. This view is a single dimension of the end-user’s engagement and, at the same time, a limited representation of the actual interaction the end-users have with the technology. In addition to the behavioural aspect, other dimensions that occur during the interaction are the emotional and cognitive aspects. Together, these three aspects of end-user engagement occur simultaneously during the interaction period. Therefore, there is a need to define and design a broader view of the end-user’s engagement with social media technology. The main research objective of this thesis is to develop an artefact that informs the design of social media technology based on the knowledge or understanding of the end-user’s perspectives of the emotional, cognitive, and behavioural aspects when engaging with social media technology. Also, this study has three sub-research objectives. The first sub-research objective is to define end-user’s engagement and interaction using a concept called User experience engagement and interaction. This concept is proposed to holistically represent the three-dimensional engagement that end-users have with social media technology. The second sub-research objective is to identify an approach to derive some design guidelines and heuristics for social media technology engagement and interaction. The third sub-research objective is to determine how to constitute the end-users experience and design elements into a method. Moreover, this study follows a design science research paradigm. This approach, which combines a literature review, a case study, and an illustrative scenario, was used in the research process to achieve the three sub-research objectives. Specifically, the literature viii review and the case study focus on defining the end-users’ emotional, cognitive and behavioural engagement with social media technology. Findings were used to interpret end user engagement and develop the design method that would aid designers and developers to enhance end user engagement and interaction with social media technologies. , Thesis (PhD) -- Faculty of Engineering, the Built Environment, and Technology, 2022
- Full Text:
- Date Issued: 2022-04
- Authors: Oyedele, Yemisi
- Date: 2022-04
- Subjects: Social media , End-user computing
- Language: English
- Type: Doctor's theses , text
- Identifier: http://hdl.handle.net/10948/58451 , vital:59284
- Description: Social media technologies are ubiquitous and have become essential information and communication technology applications for society. These technologies provide end-users with the experience of interacting with different social media platforms and socialising with other end-users on these platforms. They also contribute towards the personal development of end-users and the development of the social media community, which has become an important part of their everyday lives. As social media technology evolves, measuring end-user engagement becomes challenging. In the existing literature, the measured engagement, such as the end-user’s activities, typically represents an aspect of the experience that the end-users have with the technology. This view is a single dimension of the end-user’s engagement and, at the same time, a limited representation of the actual interaction the end-users have with the technology. In addition to the behavioural aspect, other dimensions that occur during the interaction are the emotional and cognitive aspects. Together, these three aspects of end-user engagement occur simultaneously during the interaction period. Therefore, there is a need to define and design a broader view of the end-user’s engagement with social media technology. The main research objective of this thesis is to develop an artefact that informs the design of social media technology based on the knowledge or understanding of the end-user’s perspectives of the emotional, cognitive, and behavioural aspects when engaging with social media technology. Also, this study has three sub-research objectives. The first sub-research objective is to define end-user’s engagement and interaction using a concept called User experience engagement and interaction. This concept is proposed to holistically represent the three-dimensional engagement that end-users have with social media technology. The second sub-research objective is to identify an approach to derive some design guidelines and heuristics for social media technology engagement and interaction. The third sub-research objective is to determine how to constitute the end-users experience and design elements into a method. Moreover, this study follows a design science research paradigm. This approach, which combines a literature review, a case study, and an illustrative scenario, was used in the research process to achieve the three sub-research objectives. Specifically, the literature viii review and the case study focus on defining the end-users’ emotional, cognitive and behavioural engagement with social media technology. Findings were used to interpret end user engagement and develop the design method that would aid designers and developers to enhance end user engagement and interaction with social media technologies. , Thesis (PhD) -- Faculty of Engineering, the Built Environment, and Technology, 2022
- Full Text:
- Date Issued: 2022-04