Thesis looking at the nature and scope of the contemporary maritime liens in South African Admiralty Law.

On charges of murder or assault, it often appears that the accused's aggression was immediately preceded by provocative behaviour e.g. taunts or insults by the victim which induced anger or rage in the accused and which gave rise to his aggression. The present study aims to address the question whether, in South African law, a defence is available to an accused in such cases. Since the issue of provocation in South African law usually arises in homicide cases, this study will be restricted to such cases. It will be shown that, during the past couple of decades, the South African law relating to provocation has undergone significant development. In 1925, the Appellate Division declared s 141 of the Native Territories Penal Code to be an accurate reflection of the South African law relating to provocation. In terms of this section, provocation could operate as a partial defence on a charge of murder: where an accused successfully raised the defence he would be convicted of culpable homicide. Recently, however, it has become clear that provocation may operate as a complete defence, resulting in an accused leaving the court as a free person. It will be argued that the above development reflects a general shift in our law, starting in the 1950's, from a policy-based to a principle-based approach to criminal liability.

A Dissertation Submitted to the Faculty of Arts University of the Witwatersrand, Johannesburg for the Degree of Master of Arts. / Thesis examines cultural expressions and community attachment, and their relation to each other, in the creation and maintenance of urban identity. In examining this, the thesis considers a number of key cultural forms in Sharpeville such as boxing, football, musicial performance, youth. gangs, and styles of dress. It argues that, conceptually, "community" is never static; rather it is a state of existence, a perception, for a grouping of people. At a given time they may consider themselves to be collectively part of or constitute a community; at another, their attachments may be to a different entity - the local neighbourhood, for example. The empirical data was derived mainly from primary sources although due to the historical time-period examined - namely 1943 to 1985 - there was some reference to secondary sources. The research involved mainly in-depth interviews and participant observation. By administering a questionnaire, "key" informants within the various cultural areas examined were identifed and interviewed at length, sometimes more than once. The thesis argues that "communities" only gain a sense of cohesion, "identity" and unity at certain specific historical moments; at other times the cultured focus within them may in fact express quite other meanings than those of "community" for their members. This identity is seen thus as both a product of the structural features which inform, influence and even dictate its direction as well as the responses and actions of the residents themselves, in shaping its outcome. / Andrew Chakane 2018

Submitted in partial fulfilment of the requirement for the degree of Master of Laws by Coursework and research report at the University of the Witwatersrand, Johannesburg, 2018 / This research report seeks to interrogate whether some of the notable limitations which led to the dismal failure of the Judicial Management as a corporate rescue mechanism effectively remain subversive to the business rescue procedure which is intended to prevent the same experiences of the past. The research will thus be limited to the consideration of only those limitations which were problematic under Judicial Management and yet appear not to have been sufficiently addressed by Chapter six of the Companies Act 71 of 2008. It will be acknowledged that the business rescue procedure stands to be largely progressive. However, the bulk of this research is intended to show that the complicated nature of the business rescue provisions coupled with some drafting oversights on the part of the Legislature leaves the procedure vulnerable to the same issues which affected its predecessor. Specifically, the imprecise and complicated nature of sections 131(4) and 133(1) of the 2008 Companies Act makes the procedure vulnerable to judicial conservatism, the same challenge which was most contributory to the failure of Judicial Management. This has in turn resulted in several inconsistent decisions in the interpretation of these provisions which causes unnecessary uncertainties deleterious to the intended purpose for which the business rescue mechanism was enacted. / XL2019

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The aim of this study is to establish what influence the impact of the new environment has on the structure of the Greek family in Cape Town, the impact on the functions which the family fulfils in the socialisation of the children, and on the family's social influence on the intergenerational relationship. The study will focus on the Greeks of rural origin, as most of the Greeks in Cape Town come from a rural background. Various anthropological studies on the Greek peasant emphasise the centrality of the Greek family in the life of the individuum.

Bibliography: pages 146-160. / This study examines haw teachers at two former white Model C schools construct educational changes rhetorically. The discourse analytic approach of Wetherell and Potter (1992) is employed to interpret interview texts in which teachers talk about desegregation, school governance and finance. Specific constructions of 'race ', culture and language and their function as signifiers of sameness, difference and otherness are critically discussed. Two interpretative repertoires are identified. Good Educational Practice contains the concepts of standards, values and naturalness. It is demonstrated how these are used as argumentative strategies to contain and restrict changes taking place at the schools. Managerialism draws on financial and business principles such as entrepreneurship and efficiency to propose a particular view of how educational change should be managed. Connections are made between the effects of these discursive constructions and social practices at the school.

Bibliography: pages 118-126. / This dissertation arises out of a recognition of the need for research into evangelicalism as a distinct and important area within the Christian church in South Africa. It focuses on the struggle for the symbols and doctrines of the evangelical tradition in South Africa as that struggle is articulated in the Evangelical Witness document (EWISA), and the Concerned Evangelicals organisation (CE), with which the document is associated. Evangelicalism is approached as the site of a struggle for certain theological elements, which have a particular material force as ideology. This struggle is discussed in four chapters. The first chapter discusses the way in which evangelicalism may be defined, suggesting that the struggle over the definition of evangelicalism is itself an indication of wider struggles in evangelicalism. It then develops a brief working model of evangelicalism in South Africa as a framework for understanding CE and EWISA and their critique. The second chapter addresses the EWISA document in some detail, focussing on the way in which EWISA's restatement of certain tenets of evangelical theology has a particular material (ideological) force. The third chapter provides a brief history of CE, and discusses its main agenda as it has been articulated thus far. The final chapter reflects on CE and EWISA's major contributions, indicates some parallel movements in the One Third World and other parts of the Two Thirds World, and makes certain theological and practical recommendations for CE's ongoing work. The main thesis argued is that the liberation critique offered by CE and EWISA shows the need for a reassessment and restatement of evangelicalism in South Africa. Some of the ways in which this restatement may occur are tentatively suggested through an analysis of CE and EWISA's retrieval of certain elements of the evangelical tradition for its project of liberation. This, it is suggested, forms an important beginning for the reclaiming of evangelicalism from the right wing of the evangelical community.

This is an overview of medical education today. It deals with tertiary education matters pertinent to medical schools in South Africa, the forces that will inevitably cause medical education to change and the responses of other countries to similar circumstances. These forces are medical, educational and political. The medical forces bringing about changes are concerned with the explosion in knowledge in the fields of medical facts, technologies, therapies and informatics. It is an ongoing educational problem as to how the burgeoning sciences can be balanced with the present call for the return to the humanities. Medical schools are being required, through their teaching and learning methodologies, to encourage the qualification of empathetic graduates with generalist (holistic) skills and attitudes to best serve their patients. Educational forces, in particular new curriculum strategies, will need to be explored to assist teachers and students to cope with the demands of communities and individuals for care with expertise. In many First World countries these demands have found expression in moves from Traditional to Innovative curricula. Fundamentally, Traditional schools teach normal Anatomy and Physiology first, then move to the abnormal, before students reach the Clinical Years where these "basic sciences" are applied. Innovative schools, on the other hand, employ Problem-Based Learning with Community-Orientation throughout their curricula, with early patient contact, horizontal and vertical integration of disciplines, group work and community interaction as crucial aspects of their students' learning. Supporters of the Innovative philosophy see as progressive the revising of Flexnerian notions of basic science building blocks, the debalkanising of instruction subject by subject and the motivational impetus achieved when learning takes place in context. Political factors can impinge on staff teaching and student learning by Governmental demands through statutory councils or through the power exerted by the universities. Macro politics dictate financial or other resources that are allocated and may in future directly influence what sort of doctor the various medical schools are expected to graduate. The politics of staffing the teaching institutions, the development of teachers, and the demographics of the student population raise important questions of direction and commitment, and may lead to new realignments. The recognition of the importance of teaching at a professional level is a crucial factor in educating students more appropriately. Teachers versed in the medical pedagogic process will be pivotal in producing a new breed of doctors. This new breed will not be expected to "know everything" but have a core knowledge carefully ascertained by each medical faculty and the ability to find information that is further required. Students will not be expected to acquire all the facts to sustain them through the rest of their professional lives, but to have enquiring minds and the motivation to continue their education, to satisfy their curiosity and provide improved patient care. Their skills in mastery of the behavioural sciences will be more pertinent than ever as preventative medicine becomes as important as curative. They will be expected to formulate ethical attitudes and provide leadership in community and individual dilemmas. These are challenges that will need to be faced critically by our medical teachers who are too often experts in content in ever-narrower sub-specialities. For these challenges to be met, teaching cannot be taken for granted, but must be viewed more seriously by the schools and changes made where appropriate. The University of Cape Town (UCT) has a considerable reputation in the quality of its medical graduates. However, for its medical faculty to remain in the forefront of medical education, it needs to reconsider the knowledge required, the skills and attitudes embodied in its graduates but, as importantly, it must take the lead in undergraduate training. The need for renewing strategies and the action required are the themes of this dissertation.