The research problem of this study was to assess the extent to which the appraisal system for junior and middle level managers in the South African National Defence Force (SANDF) met the requirements and guidelines for performance appraisal as stipulated in the literature. To achieve this objective, the following procedure was followed: · A survey of existing literature, related to performance appraisal, was conducted. The literature study focused on the requirements for an effective performance appraisal system, appraisal methods and appraisal errors. Attention was also focused on who should take responsibility for performance appraisal and the importance of regularly evaluating the performance appraisal system to meet the demands of a changing environment. The second part of the literature study dealt with the guidelines for establishing an effective appraisal system as well as performance management processes and cycles that are critical for the effectiveness of an appraisal system. The theoretical study formed the basis for the development of a survey questionnaire to establish the extent to which junior and middle level managers in the SANDF agreed with the theoretical guidelines. The survey was administered to a randomly selected group of junior and middle level managers who were representative of the South African Army, Airforce and Medical Services. The empirical results indicated that there was concurrence with many of the guidelines in the literature, but that there were areas that could be improved. It became evident that many respondents felt that the current system was not entirely fair and was not adapted to meet the needs of the integrated SANDF. Specifically, results indicated that the system should be re-evaluated to eliminate bias and to enhance the development of clear standards, both on a quantitative and qualitative level. It became clear that training and communication were important to the successful development and utilisation of a performance appraisal system. An effective performance appraisal system that is integrated with the overall performance management system of an organisation will enhance productivity, satisfaction and the attainment of goals.

Dans le cadre du procès pénal, un minimum de garanties doivent être accordées à chaque accusé. La justice pénale internationale n’est pas exempte de cette prescription, qui est également valable pour les individus accusés des crimes les plus affreux contre le genre humain, comme les crimes de compétence de la Cour pénale internationale. L’année 1998, année de la signature à Rome du Statut de la Cour pénale internationale, a marqué une étape définitive dans le processus de codification du D.I.P.. Le statut se fonde sur des valeurs communes propres à la communauté des Etats signataires, qui ont formellement introduits en droit international l’élément de la sanction et de la responsabilité pénale individuelle, sans toutefois négliger l’élément de la réglementation procédurale qui conduit à la sanction pénale à travers le respect des droits de la défense. Le Statut de la C.P.I. représente l’enveloppe normative formelle qui contient le patrimoine de droits inhérents à l’individu et, en même temps, le texte normatif de garantie sur lequel se fonde le consensus de la communauté des Etats en ce qui concerne la nécessité de combattre l’impunité selon les règles démocratiques du vivre social et de juger et punir selon les règles propres à l’état de droit universellement reconnues. / Dopted on July 1998 by the Rome Diplomatic Conference, the Statute of the International Criminal Court marks the culmination of a process of the international criminal justice, that started at Nuremberg and Tokyo and further developed through the establishment of the ad hoc Tribunals for the former Yugoslavia and Rwanda. The Rome Statute crystallizes the whole body of law that has gradually emerged over the past fifty years in the international community in this particularly problematic area and guarantees the same rights of the accused that are enshrined expressly in several conventions and treaties. In particular, the Statute of the International Criminal Court provides in articles 55 and 67 that the accused is entitled of a number of rights during investigation and trial. One come into existence the ICC has started a new era for the effective prosecution and punishment of serious violation of international humanitarian law wherever such abuses may occur and by whomever they may be perpetrated. This is accomplished in conformity to the rule of law and in the respect of the rights of the accused.

Resumé The thesis elaborates on the indirect purchaser's standing in disputes for damages caused by a breach of competition law. Its main purpose is to describe and, consecutively, compare the American and European approach to private enforcement of competition law or, more specifically, selected aspects of regulation relating to indirect purchasers. It should be noted that while the roots of the American model of private enforcement date back to the 19th and 20th century, Europe started to pay increased attention to this topic in the 21st century. This fact obviously raises the question of whether and to what extent was the EU inspired by the American model in forming a European approach to private competition law enforcement. For years, this issue has not been regulated on the European level at all. Nevertheless, this changed with the adoption of a landmark Directive 2014/104/EU which shed new light on European conception of private enforcement of competition law. The thesis is divided into three chapters. The first chapter introduces the subject and aims to put the topic at hand into broader context. The private pillar of competition law enforcement, its advantages and disadvantages as well as its relation to the public pillar are described on a few pages. Subsequently, the history and current state of...

This diploma thesis deals with necessity and self-defence in the light of the large recodification of private law in the Czech Republic. Together with other legal concepts they are referred to as the circumstances excluding unlawfulness. Their specificity lies in their exclusion of the obligation to compensate suffered damage provided that the conditions laid down by the law are met. This issue has always been a matter of interest to both laical and professional public as these important legal concepts form one of the most fundamental pillars of the liability system. The aim of the thesis is to point out their importance for the present codification by a comprehensive analysis of relevant legislation, conclusions of theory and case law. They have been subjected to extensive analysis as well as their Roman law roots. The key part is the comparison between Czech and German law that exceed the terms of private law. Due to their apparent connection the issue of criminal law was also included. In addition, this thesis deals with the institute of self-help in terms of its relationship with necessity and self-defence. Self-help was a typical means of protection in archaic societies but today's advanced society delegated the function of legal protection to the state by establishing independent and...

A comparison of merger control in the EU and the USA focusing on efficiency defence and failing company defence This paper compares the interpretation of efficiency defence and failing company defence in horizontal mergers in the EU and the USA. The arguments for each were first introduced in the decisional practice of US antitrust authorities and then included in the Merger Guidelines. Over the years both types of defence have been used in US antitrust law. Harsh criticism of the prohibition of several mergers at the beginning of the 21st century led to the reform of European merger control. Among other things, the reforms introduced efficiency defence and failing company defence. Given the complexity of competition law and the many factors that influence it, several background issues must first be analyzed, such as basic economic theories of competition law, the economic grounds for mergers and the political background. After comparing the relevant written law, the case law regarding efficiency defence and failing company defence in both jurisdictions is described. In this way the developments of the doctrines are clearly visible. Subsequently the current situation is described by comparing the requirements set by written law and their interpretation by decisional practice. It was found that the...

Philosophiae Doctor - PhD / During the peak of apartheid, the South African Defence Force (SADF) killed close to a thousand Namibian exiles at Cassinga in southern Angola. This happened on May 4 1978. In recent years, Namibia commemorates this day, nationwide, in remembrance of those killed and disappeared following the Cassinga attack. During each Cassinga anniversary, survivors are modelled into 'living testimonies' of the Cassinga massacre. Customarily, at every occasion marking this event, a survivor is delegated to unpack, on behalf of other survivors, 'memories of Cassinga' so that the inexperienced audience understands what happened on that day. Besides survivors' testimonies, edited video footage showing, among others, wrecks in the camp, wounded victims laying in hospital beds, an open mass grave with dead bodies, SADF paratroopers purportedly marching in Cassinga is also screened for the audience to witness agony of that day. Interestingly, the way such presentations are constructed draw challenging questions. For example, how can the visual and oral presentations of the Cassinga violence epitomize actual memories of the Cassinga massacre? How is it possible that such presentations can generate a sense of remembrance against forgetfulness of those who did not experience that traumatic event? When I interviewed a number of survivors (2007 - 2010), they saw no analogy between testimony (visual or oral) and memory. They argued that memory unlike testimony is personal (solid, inexplicable and indescribable). Memory is a true picture of experiencing the Cassinga massacre and enduring pain and suffering over the years. In considering survivors' challenge to the visually and orally obscured realities of the Cassinga massacre, this study will use a more lateral and alternative approach. This is a method of attempting to interrogate, among other issues of this study, the understanding of Cassinga beyond the inexperienced economies of this event production. The study also explores the different agencies, mainly political, that fuel and exacerbate the victims' unending pathos. These invasive miseries are anchored, according to survivors, in the disrupted expectations; or forsaken human dignity of survivors and families of the missing victims, especially following Namibia's independence in 1990. / South Africa

Philosophiae Doctor - PhD / The work of the International Defence and Aid Fund (IDAF) conducted between 1956 and 1991 gave rise to a collection of records that traverse 35 years of support work. As a solidarity organisation IDAF provided support to liberation movements in South Africa through their legal and welfare assistance programmes. Equally significant, IDAF also sought to highlight the oppressive machinery of the apartheid government through the deployment of their research, information and publications programmes as a way of creating awareness and ‘keeping the conscience of the world alive.’ When the administrative records of IDAF were relocated to South Africa, with the Mayibuye Centre for History and Culture as chosen location, they were turned into an archival collection which also became a memorial to IDAF’s resistance work located in the foremost anti-apartheid university and politically in a new project that intended to create a museum about apartheid. Later the collection was incorporated into the Robben Island Museum (RIM) through an agreement between the University of the Western Cape (UWC) and the Museum. The dissertation examines the cultural history and the political life of the IDAF archival collection and the processes through which it was made and continues to be remade.

In the interactions between fungal endophytes and their hosts, the host may benefit through protection against pathogens and pests, growth promotion and tolerance to abiotic stresses. Non-pathogenic Fusarium oxysporum endophytes of banana have been shown to reduce the damage caused by the Cosmopolitus sordidus and the burrowing nematode Radopholus similis. The mode of protection against the burrowing nematode involves induced resistance, but the molecular basis of this resistance yet to be demonstrated. It has further been reported that protection of the host by multiple endophytes can lead to better control of target pests, probably because of the multiple modes of action involved. This phenomenon, however, has not been fully demonstrated for F. oxysporum endophytes of banana. This study aimed to investigate the molecular and biochemical basis of endophyte protection of East African Highland bananas (EAHB) against C. sordidus and R. similis. Expression of banana defence-related genes following endophyte inoculation and R. similis challenge varied greatly between the nematode-susceptible cv Nabusa and the nematode-tolerant cv Kayinja. In cv Nabusa, only the peroxidase (POX) and lectin genes were responsive to endophyte colonization of roots, or R. similis challenge. POX and lectin activities were significantly down-regulated 2 and 33 days after endophyte inoculation (dai), respectively. In cv Kayinja, endophyte colonization resulted in transient up-regulation of POX and a down-regulation of endochitinase (PR-3), lectin, pectin acetylesterase (PAE), phenylalanine ammonia-lyase (PAL) and PIR7A (peroxidase). Similar to systemic acquired resistance, PR-1 and catalase activities were up-regulated in the cv Kayinja 33 dai. Genes involved in signal transduction, cell wall strengthening, jasmonic acid pathway and defence molecule transport were differentially expressed in endophyte-inoculated plants. The expression profiles of four defence-related genes following endophyte inoculation and R. similis challenge were studied using quantitative real-time PCR. ABC transporter, Β-1,3-glucan synthase, coronatine insensitive 1 (COI1) and lipoxygenase (LOX) were up-regulated following endophyte inoculation. Β-1,3-glucan synthase and COI1 were highly up-regulated following R. similis challenge of endophyte-inoculated plants of the susceptible cv Nabusa, while COI1 and LOX were highly up-regulated following nematode challenge of endophyte-inoculated plants of the tolerant cv Kayinja. However ABC transporter gene activity was not up-regulated following nematode challenge of plants of both cultivars. UP-regulation of phenylpropanoid pathway enzymes PAL, POX and PPO has been observed in roots following colonization by both pathogenic and non-pathogenic fungi. In the current study, endophyte inoculation resulted in down-regulation of PAL activity in both a susceptible (cv Nabusa) and tolerant (cv Yangambi) banana. In cv Nabusa, endophyte inoculation primed PAL activity for up-regulation 30 days post nematode challenge (dpnc). However, in cv Yangambi PAL activity was up-regulated 7 dpnc irrespective of endophyte inoculation. Endophyte inoculation transiently up-regulated POX in cv Nabusa, but activity reduced to the levels in the controls 30 dai. Similar to PAL, R. similis challenge of endophyte-inoculated plants of Nabusa caused significant up-regulation of POX 7 dpnc. Nematode challenge of control plants of cv Yangambi resulted in a non-significant up-regulation of POX compared with non-challenged controls, but a significant up-regulation compared to all endophyte-inoculated plants. PPO activity was transiently up-regulated in cv Nabusa and down-regulated in cv Yangambi 7 dai. For all treatments, PPO activity was significantly reduced between 7 dai and 120 dai (60 dpnc). Fusarium oxysporum endophyte isolates Emb2.4o and V5w2 were successfully marked with benomyl- and chlorate resistance and transformed with fluorescent protein genes, while Eny1.31i, Eny7.11o and V4w5 were marked with benomyl resistance only. Most mutants and fluorescent protein transformants maintained resistance to the selective chemical on PDA and after plant colonization. Benomyl- and chlorate-resistant mutants were successfully used to determine actual plant colonization percentages by inoculated endophytes. Similarly, GFP transformants were successfully used to ascertain the pattern of endophytic root colonization in vivo. In plants dually inoculated with isolates Emb2.4o BR 8 and V5w2 CHR 9, both isolates were recovered from roots and rhizomes 4 weeks after inoculation, but isolate V5w2 CHR 9 proved a better colonizer of the two tissue types. Root colonization by isolate V5w2 CHR 9 was boosted when inoculated dually with Emb2.4o BR 8, while that by Emb2.4o BR 8 was reduced in the presence of V5w2 CHR 9. Where growth advantages were observed for dually inoculated plants, it occurred where plants were challenged with R. similis. In the absence of pests, control plants showed better growth than endophyte-inoculated plants. On the other hand, weevil challenge of control plants resulted in significant reductions in plant height, number of live roots and root fresh weight. Dual endophyte inoculation resulted in a significant reduction in R. similis populations in nematode only challenged plants, compared with plants inoculated with Emb2.4o BR 8 singly and control plants challenged with the nematode. In one replicate banana weevil damage to the outer and inner pseudostem base, and the inner rhizome were significantly reduced for dually-inoculated plants. Copyright / Thesis (PhD)--University of Pretoria, 2009. / Microbiology and Plant Pathology / unrestricted

While it has become the United Nations (UN) responsibility to peacekeep the world’s most conflict ridden countries, so too has their impact on the physical environment increased. Large numbers of personnel require equally vast amount of logistical requirements and equipment for the sustainment of operations. Base camps are the focal points from which operations are managed in the field. The ability of peacekeeping base camps to handle their solid waste, both on-site and off-site in low capacity environments, has gained greater attention as environmental concerns have increased globally. Interviews conducted with the South African National Defence Force (SANDF) (acting as a current Troop Contributing Country (TCC) to the United Nations (UN) peacekeeping mission in the Democratic Republic of the Congo) determined the problems facing appropriate solid waste collection, treatment and disposal methods utilized in and outside peacekeeping base camps and their specific limitations. It was found that there was inefficient monitoring and follow up processes involved with solid waste contracting providers; that there is a need for the inclusion of focused solutions during the operational planning stages; and, there is a deficiency in placed responsibility both from within a TCC and between the UN as to how and whom should manage the solid waste emanating from within base camps. This MA dissertation achieved the understanding that there must be greater focus placed on the delineation of responsibility for the management of solid waste within base camps in the documents that initially structure operations between TCCs, the UN and host nations, thereby limiting the impact on the physical environment from peacekeeping to the furthest extent possible. / Dissertation (MA)--University of Pretoria, 2013. / Geography, Geoinformatics and Meteorology / MA / Unrestricted

The main focus of this thesis is to show the nature of the relationship between the South African Defence Force and the local media from 1975-83. The thesis will analyse issues specifically relating to the nature of the relationship and show how and why they are relevant to understanding the authoritarianism of the apartheid state. The nature of the relationship will be conceptualised by way of the analogy of a marriage. The thesis will show that for the SADF the relationship was “a marriage of convenience” whereas for the media it was a “marriage of necessity”. This relationship operated within the context of a highly militarised society that has been termed a “Garrison State”. The apartheid government introduced legislation governing reporting of defence matters and the media (namely the South African Defence Act 1957 including amendments made up until 1980) that imposed legal constraints within which defence correspondents had to operate. Moreover, the MID’s secret monitoring of the local media reveals the extent to which the military distrusted the media. A sampling of the coverage of defence matters in a selection of newspapers will reveal how their editorial staffs and reporters operated in a situation where the flow of information was controlled by the military. This will also show that certain defence correspondents cultivated close relations with SADF personnel to ensure that they were kept informed. The thesis will also show how the SADF reacted to the international media exposure of Operation Savannah and Operation Reindeer and how the SADF sought to limit the damage to its reputation by clamping down on the local media. The creation of two media commissions both headed by Justice MT Steyn, set out to investigate the manner in which local media reported on security issues in an environment in which the media and the public were confronted by the “Total Strategy” discourse of the apartheid government. The working relationship between the SADF and the media encapsulated in the thesis can be described as highly complex and the use of the “marriage” analogy assists in understanding this relationship.