Law / LL.M.

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM

Thesis (MPhil)-- University of Stellenbosch, 2000 / ENGLISH ABSTRACT: It is a well-known fact that the sub-Saharan Africa is a continent most affected by HIV/AIDS. The HIV/AIDS pandemic has in other words become our disease. For many of us, this fact may be difficult to fully accept. There are elements of prejudice in our reactions. Ignorance and intolerance can be found around the world. Therefore, by presenting the facts about HIV/AIDS, this assignment challenges the misconceptions and focuses on the profound dilemmas confronting society. I think the success in combating the HIV/AIDS pandemic could be found in President Thabo Mbeki's terminology "Partnership against HIV/AIDS". In his speech, the President appealed to both the private and public sectors and all South Africans to work together with greater determination than before to fight against HIV infection and AIDS. Arguably, this was the best speech President Thabo Mbeki ever made on HIV/AIDS on October 9, 1998. Back then, the government seems to have had a direction and led from the front in the battle against HIV/AIDS. The title of this thesis reads: "Ethical perspectives on surveillance and preventive strategies for HIV/AIDS in South Africa". Presently, the South African Government through the Ministry of Health is seriously considering making AIDS a notifiable medical condition. This is a serious and a controversial move that has serious ethical and legal implications that will be discussed. Should partners of HIV-infected individuals be informed? If the answer is on the affirmative, who should inform them? I am also looking at the ethical obligation of health care workers to treat HIV/AIDS patients despite the fear of being accidentally infected. Tough questions need to be asked. Should health workers be informed of the HIV status of every patients they treat? On the other hand, some patients have some fears too that HIV-infected health professionals may infect them. Again, the fundamental ethical concerns related to confidentiality, privacy, the right to treatment will also be discussed. The country is divided on this issue. Ethical principles are directly involved in such a decision, for instance, the principle of confidentiality, respect for autonomy and informed consent. How can the government go about implementing this without disregarding these fundamental ethical requirements?Another ethical issue that comes to mind regarding HIV/AIDS concerns AIDS vaccine trials, which are so far dominantly manufactured in 'developed countries' while subjects of these trials are from 'third world' or 'developing countries '. The ethical concerns here are: How will informed consent be protected, especially where subjects of the trials are not educated and do not understand the terms used? What are the cost-effects or benefits of such trials? What are the risks involved? Together with this, other issues include ethical debates concerning market prices of drugs, which are too expensive for poorer countries and affordable for richer countries. Finally, this work does not treat everything that needs to be dealt with insofar as HIV/AIDS is concerned. However, I hope that this thesis will contribute (in a small way) in making people appreciate the ethical dilemmas that are presented by HIV/AIDS. / AFRIKAANSE OPSOMMING: Dit is algemeen bekend dat Afrika suid van die Sahara die gebied is met die hoogste voorkoms van MIV/vIGS. Die MIV/VIGS-pandemie het dus ons siekte geword. Dit is vir baie van ons moeilik om hierdie feit te aanvaar, en ons reaksies is dikwels bevooroordeeld. Onkunde en onverdraagsaamheid oor MIV/vIGS word trouens wereldwyd aangetref. Hierdie verhandeling Ie klem op die feite van MIV/VIGS, en konfronteer sodoende hierdie wanopvattings terwyl daar gefokus word op die diepgaande dilemmas waarmee die samelewing gekonfronteer word. President Thabo Mbeki se woorde "Vennootskap teen MIV/VIGS" verwoord myns insiens die enigste oplossing vir die MIV/VIGS-pandemie. Die President doen in sy toespraak 'n beroep op al1e Suid-Afrikaners, in private en openbare sektore, om met groter determinasie saam te veg teen MIV-infeksie en VIGS; Hierdie toespraak, gelewer op 9 Oktober 1998, toe die regering klaarblyklik nog rigting gehad het en op die voorfront was in die styd teen MIV/VIGS, was moontlik President Thabo Mbeki se beste ooit oor die onderwerp MIV/VIGS. Die titel van hierdie verhandeling is "Etiese perspektiewe ten opsigte van waarnemende en voorkomende strategiee vir MIV/VIGS in Suid-Afrika". Die Suid-Afrikaanse regering, by monde van die Ministerie van Gesondheid, oorweeg dit tans sterk om VIGS 'n aanmeldbare mediese kondisie te verklaar. Die ernstige etiese en regsimplikasies van so 'n daadwerklike en kontroversiele stap sal in die verhandeling bespreek word. Behoort die rnetgesel1e van MIV-positiewe persone ingelig te word? Indien wei, wie moet hulle in kennis stel? Daar sal ook gekyk word na die etiese verpligting van gesondheidsorgwerkers om MIV/VIGS-pasiente te behandel ten spyte van hul1e vrees om per ongeluk besmet te word. Indringende vrae moet gevra word. Behoort gesondheidsorgwerkers ingelig te word oor die MIV-status van elke pasient wat hul1e behandel? Aan die ander kant vrees sornmige pasiente dat hul1e deur MIV-positiewe gesondheisorgwerkers besmet kan word. Die fundamentele etiese aangeleenthede rakende vertroulikheid, privaatheid en die reg tot mediese behandeling sal ook bespreek word. Suid-Afrika is verdeeld oor hierdie kwessies. Etiese waardes, soos die beginsel van vertroulikheid, respek vir outonomie en ingeligte goedkeuring is direk betrokke by besluite oor etiese kwessies. Die regering kan nie hierdie aangeleenthede implementeer sonder om die fundamentele etiese vereistes in ag te neem nie. VIGS-entstofproefnemings is'n verdere etiese kwessie wat ter sprake kom. Hierdie proefnemings word grotendeels deur "ontwikkelde" lande uitgevoer, tewyl die proefpersone van "derdewereldse" of "ontwikkelende" lande afkomstig is. Die etiese kwessies hierby betrokke is: hoe sal ingeligte goedkeuring beskerm word, veral wanneer proefpersone onopgevoed is en nie die tersaaklike terme verstaan nie? Wat is die kosteeffektiwiteit of voordele van hierdie proefnemings? Watter risiko's is betrokke? Die etiese debat oor die markprys van medisyne, wat heel bekostigbaar vir ryk lande, maar duur vir armer lande is, word ook aangeraak. Hierdie verhandeling dek nie alle relevante kwessies wat betref MIV/VIGS nie. Tog hoop ek dat dit 'n bydrae sal lewer tot mense se bewuswording van die etiese dilemmas wat MIV/VIGS inhou.

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal and Procedural Law / LL. M.

The study aimed to identify factors that cause unprofessional conduct among trainers at the training establishments in the Northern Cape Province of the South African Police Service. The researcher focused on the status of trainers in the SAPS and aimed to determine whether In-Service Education and Training can assist in enhancing trainers’ professional status. The aim of this study was to identify how the levels of trainer professionalism within the South African Police Service could be improved. The objectives of the study were to:  identify the expected levels of trainer professionalism within the South African Police Service  describe the current levels of trainer professionalism within the South African Police Service and  make recommendations for improving the levels of professionalism within the South African Police Service. A literature review on adult learning, training and development, as well as SAPS professionalism, was conducted. The literature review subscribes to the premise that if effective facilitation methods are implemented in adult learning centres, the attempt to motivate adults to participate in learning programmes could be successful. The qualitative research methodology that was conducted involved both one-on-one and focus-group interviews with senior management, middle management and trainers. Three themes were identified from the research question and sub-questions of the study and are discussed in detail. After the empirical data were analysed, the results of the empirical evidence were interpreted. Findings revealed that there are trainers in the SAPS whose behaviour is severely lacking in professionalism. Trainers do not exhibit appropriate ethical conduct towards their adult learners and do not follow the code of conduct as prescribed for division training as is the norm. Finally, based on the research, both future studies and improved trainer professionalism programmes with specific reference to the SAPS are recommended. / Educational Leadership and Management / D. Ed. (Educational Management)

This study takes the concept of ubuntu, which means humanness and applies it to healthcare issues in general, and women's health, in particular. Ubuntu is based on the reality of interdependence and relatedness. It is a philosophy or way of life that finds its roots and meaning in humanity. The values espoused in ubuntu emphasize caring, sharing, reciprocity, co-operation, compassion and empathy in recognition that for human beings to develop, flourish and reach their full potential, they need to conduct their relationships in a manner that promotes the well-being of others. The values championed in ubuntu are what inform and shape African cultural, social, political and ethical thought and action. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2007.

The general objective of this research was to do a comparative study of the Trust Audit results - obtained during 2000 - of three Business Units of a South African Company in order to determine whether there are any significant differences between them regarding the ”Big Five” personality dimensions and the ”Managerial Practices” dimensions. Trust has been found to be an essential ingredient in all organisations, providing the impetus for employers to gain a better understanding of the building blocks of organisational trust and to restore eroded trust. The intensity of any trust relationship will depend on certain facilitators of trustworthiness which may facilitate or impede the flow of trust. Research studies indicate that organisations with high levels of trust will be more successful, adaptive, and innovative than organisations with low levels of trust or pervasive mistrust. Positive results were indicated for all Business Units regarding the personality aspects. The most positive ”Big Five” dimensions were conscientiousness, extraversion and agreeableness while the lowest dimension was resourcefulness. Overall results regarding managerial practices indicated that not enough information sharing took place and that this had a negative effect within the work environment. The credibility dimension, being lower than the others, indicated that better credibility of persons that are reported to, could improve trust and optimal functioning within the working environment. Team management, work support and trust relationship were viewed positively by all Business Units. One of the main conclusions of this research was that managers/leaders have a pivotal role to play in creating high-trust organisations and engendering trusting relationships. / Industrial and Organisational Psychology / M.Comm. (Industrial and Organisational Psychology)

The legalising of abortion in many countries has given women the choice or right to decide to terminate pregnancy. The Choice on Termination of Pregnancy Act (Act No 92 of 1996) was promulgated in 1997. This legislation promotes reproductive rights including to choose between having an unwanted pregnancy terminated early, safely and legally. The legislation affects both the women who choose to terminate pregnancy and the staff involved in the termination of pregnancy (TOP) procedures. This exploratory, descriptive and contextual qualitative study was designed to gain insight into the experiences of registered nurses in the procedure for termination of pregnancy and to explore recommendations based on these experiences. The researcher adopted a phenomenological approach. Participants were drawn from registered nurses providing TOP services at Soshanguve Community Health Centre near Pretoria. Registered nurses have the right to refuse to participate in TOP, those that do provide the service are exposed to emotional and psychological trauma. / Health Studies / M.A.

This thesis examines the complex ways in which notions of the public interest and commercial imperatives intertwine in journalism practice. It does this through a study of the 2004 takeover and relaunch of the Sowetan newspaper, the highest circulation daily in South Africa throughout the 1990s and an institution of black public life. The ‘public interest’ and ‘the commercial’ are recurring ideas in journalism scholarship and practice, and the relaunch appeared to be a challenge to reconcile the Sowetan’s commercial challenges with its historical responsibility to a ‘nation-building’ public. However, the research shows that the public/commercial aspects of journalism were inextricably entangled with Sowetan’s organisational culture, which was the matrix through which its journalism practice was expressed. Conflict in the organisation over the changes was not simply a contest between commercial realities and the public interest, with journalists defending a responsibility to the public and managers pushing commercial solutions, but a conflict between the culture of Sowetan “insiders”, steeped in the legacy of the newspaper, and “outsiders”, employed by the new owners to effect change. Another conclusion of the research is that commercial “realities” – often conceptualised as counter to the public interest – are highly mutable. Basic conditions, such as a dependence on advertising, exist. However, media managers must choose from a range of strategies to be commercially viable, which requires risk-taking, innovation and, often, guesswork. In such situations, the ‘wall’ between media managers and senior editors is porous, as all executives must manage the relationship between business and editorial imperatives. Executives tend to overlook culture as a factor in changing organisations, but I argue that journalism could benefit from engaging with management theory and organisational psychology, which offer ways to understand the specific dynamics of the organisation. Finally, I argue that the case of the Sowetan throws into question the idea that there may be a broadly universal journalism culture. The attachment of Sowetan journalists to their particular values and practice suggests that forms of journalism evolve in certain contexts to diverge from the ‘professional’ Anglo-American modes. These ‘journalisms’ use similar terms – such as the ‘public interest’ – but operationalise them quite differently. The responsibility to the public is imagined in very different ways, but remains a significant attachment for journalists.

This study investigates Grocott’s Mail’s rape reporting through a participatory action research process. It draws on feminist cultural studies, sociology of news, and normative theories of the media to inform the research project. The participatory action research process explored three areas with the journalists at Grocott’s Mail: their understanding of the community they serve and their own professional identity as a community of practice, roles of the media in society which inform reporting, and rape as a social issue and problem. Through this process the study found that the pervasiveness of rape in the Grahamstown community, the complexities around rape reporting which include the significant legal challenges, the personal impact rape cases have on journalists, and the journalistic roles and approaches employed in rape reporting all influence how the paper covers rape. In analysing these matters the study found that the primary factor inhibiting a successful strategy for managing rape reporting was that Grocott’s Mail does not place gender-based violence on their news agenda as an issue requiring attention in order to develop the community they serve.