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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Kurrikulumhersiening in ‘n veranderde Suid-Afrika: ‘n studie van die arbeidsterapiekurrikulum aan die Universiteit van Wes-Kaapland

De Jongh, Jo-Celene January 2009 (has links)
Doctor Educationis / ‘n Gevallestudie binne die kwalitatiewe metodologiese paradigma is gebruik om die hersiene Arbeidsterapiekurrikulum by die Universiteit van Wes-Kaapland te interpreteer. Die doel van die studie was om te bepaal hoe die hersiene kurrikulum aan die handelingsgerigte wetenskaplike raamwerk van die beroep, die gemeenskapsgebaseerde visie van die veranderde gesondheidsorgbenadering in Suid-Afrika na 1994, en aan die beginsels van studentgesentreerde opleiding voldoen. Eerstens, is konseptuele duidelikheid verkry omtrent die ontplooiende verwikkelinge in die Arbeidsterapieprofessie na ‘n teoretiese raamwerk van handelingsgerigte wetenskap en van transformasie van gesondheidsdienste in die land. Tweedens, deur die proses van konseptuele analise en deur die gebruik van dokumentêre analise, tematiese analise van studente se geskrewe evaluerings en ‘n fokusgroeponderhoud met Arbeidsterapiepersoneel, is die data ge-analiseer. Die konseptuele analise van die hersiene Arbeidsterapiekurrikulum het areas van kurrikulumstruktuur, onderrig en leer, studente-assessering, praktiese opleiding, personeel se professionele ontwikkeling en navorsing ingesluit. Vanuit die konseptuele analise is gevolgtrekkings en aanbevelings gemaak. Die hoofgevolgtrekking wat na aanleiding van my interpretasie en bevinding in die Arbeidsterapiekurrikulummodel voorgestel word, is dat die Arbeidsterapiekurrikulum deur drie teoreties-opvoedkundige vertrekpunte naamlik: handelingsgerigte wetenskap, primêre gesondheidsorgbenadering en studentgesentreerde onderrigbenadering ondersteun word.
2

One person's culture is another person's crime : a cultural defence in South African law? / Jacques Louis Matthee

Matthee, Jacques Louis January 2014 (has links)
The South African legal system is dualistic in nature with the one part consisting of the Western common law and the other consisting of African customary law. Although these two legal systems enjoy equal recognition, they regularly come into conflict with each other due to their divergent value systems. It is especially within the context of the South African criminal law that this conflict becomes apparent, because an accused's conduct can be viewed as lawful in terms of African customary law, but unlawful in terms of the South African common law. In such cases the accused may attempt to raise a cultural defence by putting forth evidence of his cultural background or values to convince the court that his prima facie unlawful conduct is actually lawful and that he should escape criminal liability. Alternatively, an accused may put forth evidence of his cultural background or values in an attempt to receive a lighter sentence. The question which therefore arises is whether a so-called "cultural defence" exists in the South African criminal law, and if so, what the influence of such a defence on the South African criminal law is. The conflict between African Customary law and the South African common law in the context of the criminal law arises due to the fact that the indigenous belief in witchcraft, (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the phenomenon of "necklacing" and the custom of ukuthwala can result in the commission of various common law crimes. In the case of witch-killings, the perpetrators can be charged with the common law crimes of murder or, if the victim survives, attempted murder, common assault or assault with intent to do grievous bodily harm. Similarly, necklacing, as a method used for killing witches, can also result in the commission of these common law crimes. What is more, the perpetrators of witch-killings can also be charged with the statutory crimes of accusing someone of witchcraft, pointing the victim out as being a witch or wizard or injuring a person based on information received from a traditional healer, or similar person. The indigenous belief in the tokoloshe can lead to the commission of the common law crimes of murder or, if the victim survives, common assault or assault with intent to do grievous bodily harm. The perpetrators of mutimurders can also face charges of murder or attempted murder, if the victim survives. The indigenous custom of ukuthwala can result in the commission of common law crimes such as abduction, kidnapping and common assault, as well as the statutory crime of rape. A perusal of South African case law dealing with the indigenous beliefs and customs above reveals that the accused in such cases have indeed attempted to put forth evidence of their indigenous beliefs or customs to persuade the criminal courts that they should escape criminal liability for a particular crime. In fact, these arguments were raised within the context of the existing common law defences such as private defence, necessity, involuntary conduct and a lack of criminal capacity. However, the South African criminal courts have up till now in general been unwilling to accept arguments of indigenous beliefs and customs to serve as a defence, either alone or within the context of the existing defences above, for the commission of a common law or statutory crime. They have, however, been more willing to accept evidence of an accused's indigenous belief or custom to serve as a mitigating factor during sentencing. The extent to which an accused's cultural background will serve as a mitigating factor will, of course, depend on the facts and circumstances of each case. As a result an accused who is charged with the commission of a culturally motivated crime has no guarantee that his cultural background and values will in fact be considered as a mitigating factor during his criminal trial. It is thus ultimately concluded that a so-called "cultural defence" does not exist in the South African Criminal law. The indigenous beliefs and customs above not only result in the commission of common law or statutory crimes, but also in the infringement of various fundamental human rights in the Constitution. Witch-killings result in the infringement of the constitutional right to life and the right to freedom and security of the person. However, witches and wizards who are persecuted for practising witchcraft are also denied their right to a fair trial entrenched in the Constitution. Similarly, muti-murders and necklacing also result in the infringement of the right to life and the right to freedom and security of the person entrenched in the Constitution. The custom of ukuthwala results in the infringement of the right to equality, the right to freedom and security of the person, the right to live in an environment that is not harmful to health or well-being, the right not to be subjected to slavery, servitude or forced labour, the right to basic education and other constitutional safeguards aimed at protecting children. In light of the constitutional right to freedom of culture and the right to freely participate in a cultural life of one's choosing the question can be asked whether the time has come to formally recognise a cultural defence in the South African criminal law. In this study it is argued that these constitutional rights do not warrant the formal recognition of a cultural defence. Instead, it is recommended that the conflict between African customary law and the South African common law can be resolved by bringing indigenous beliefs and customs in line with the values that underpin the Constitution as the supreme law of South Africa. Of course, this does not mean that the courts should ignore cultural considerations during a criminal trial if and when they arise. In fact, as pointed out in this study, the courts have a constitutional duty to apply African customary law when that law is applicable. It goes without saying that, when an accused attempts to escape criminal liability for his unlawful conduct by raising arguments of his cultural background, African customary law will be applicable and must be considered by the court. This in turn raises the question as to how the criminal courts can ensure that they give enough consideration to the possibility that an accused's criminal conduct was culturally motivated so as to comply with their constitutional mandate referred to above. Although it would be nearly impossible to formulate a perfect or flawless approach according to which a judicial officer can adjudicate criminal matters involving culturally motivated crimes, the author suggests the following practical approach which may provide some guidance to judicial officers in dealing with cases involving culturally motivated crimes: • Step 1: Consider whether the commission of the crime was culturally motivated or not. If it seems as though the accused did not commit a culturally motivated crime, the trial can continue on that basis. If, however, it is evident that the accused indeed committed a culturally motivated crime, step 2 follows. • Step 2: Once it has been determined that the commission of the crime was culturally motivated, the next step is to determine which indigenous belief or custom led to the commission of the crime. Once the relevant indigenous belief or custom has been identified, step 3 follows. • Step 3: When it is clear which indigenous belief or custom led to the accused's commission of the crime, the next step is to determine whether arguments pertaining to that particular indigenous belief or custom may be raised within the context of the existing defences in the South African Criminal law in order to exclude the accused's criminal liability. If an accused relies on one of the existing defences in the South African criminal law, he will have to lay a proper evidential foundation for his defence before the court. In assessing the evidence put forth by the accused, the judicial officer must consider the judgment and reasoning in previous cases dealing with the particular indigenous belief or custom. A judicial officer must also consider the values underpinning the Constitution when conducting such an assessment. If a judicial officer upholds an accused's defence, the accused is acquitted. However, if the judicial officer rejects an accused's defence, the accused must be convicted and step 4 follows. • Step 4: Once an accused has been convicted, a court should consider whether arguments of his cultural background can serve as an extenuating circumstance, mitigating the punishment to be imposed on him. However, the practical approach above merely serves as a suggestion to judicial officers in dealing with culturally motivated crimes and ultimately it will be up to the judiciary to develop both the Western common law and African customary law to resolve the criminal law conflicts between these two legal systems. The research for this study was concluded in November 2013. / LLD, North-West University, Potchefstroom Campus, 2014
3

One person's culture is another person's crime : a cultural defence in South African law? / Jacques Louis Matthee

Matthee, Jacques Louis January 2014 (has links)
The South African legal system is dualistic in nature with the one part consisting of the Western common law and the other consisting of African customary law. Although these two legal systems enjoy equal recognition, they regularly come into conflict with each other due to their divergent value systems. It is especially within the context of the South African criminal law that this conflict becomes apparent, because an accused's conduct can be viewed as lawful in terms of African customary law, but unlawful in terms of the South African common law. In such cases the accused may attempt to raise a cultural defence by putting forth evidence of his cultural background or values to convince the court that his prima facie unlawful conduct is actually lawful and that he should escape criminal liability. Alternatively, an accused may put forth evidence of his cultural background or values in an attempt to receive a lighter sentence. The question which therefore arises is whether a so-called "cultural defence" exists in the South African criminal law, and if so, what the influence of such a defence on the South African criminal law is. The conflict between African Customary law and the South African common law in the context of the criminal law arises due to the fact that the indigenous belief in witchcraft, (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the phenomenon of "necklacing" and the custom of ukuthwala can result in the commission of various common law crimes. In the case of witch-killings, the perpetrators can be charged with the common law crimes of murder or, if the victim survives, attempted murder, common assault or assault with intent to do grievous bodily harm. Similarly, necklacing, as a method used for killing witches, can also result in the commission of these common law crimes. What is more, the perpetrators of witch-killings can also be charged with the statutory crimes of accusing someone of witchcraft, pointing the victim out as being a witch or wizard or injuring a person based on information received from a traditional healer, or similar person. The indigenous belief in the tokoloshe can lead to the commission of the common law crimes of murder or, if the victim survives, common assault or assault with intent to do grievous bodily harm. The perpetrators of mutimurders can also face charges of murder or attempted murder, if the victim survives. The indigenous custom of ukuthwala can result in the commission of common law crimes such as abduction, kidnapping and common assault, as well as the statutory crime of rape. A perusal of South African case law dealing with the indigenous beliefs and customs above reveals that the accused in such cases have indeed attempted to put forth evidence of their indigenous beliefs or customs to persuade the criminal courts that they should escape criminal liability for a particular crime. In fact, these arguments were raised within the context of the existing common law defences such as private defence, necessity, involuntary conduct and a lack of criminal capacity. However, the South African criminal courts have up till now in general been unwilling to accept arguments of indigenous beliefs and customs to serve as a defence, either alone or within the context of the existing defences above, for the commission of a common law or statutory crime. They have, however, been more willing to accept evidence of an accused's indigenous belief or custom to serve as a mitigating factor during sentencing. The extent to which an accused's cultural background will serve as a mitigating factor will, of course, depend on the facts and circumstances of each case. As a result an accused who is charged with the commission of a culturally motivated crime has no guarantee that his cultural background and values will in fact be considered as a mitigating factor during his criminal trial. It is thus ultimately concluded that a so-called "cultural defence" does not exist in the South African Criminal law. The indigenous beliefs and customs above not only result in the commission of common law or statutory crimes, but also in the infringement of various fundamental human rights in the Constitution. Witch-killings result in the infringement of the constitutional right to life and the right to freedom and security of the person. However, witches and wizards who are persecuted for practising witchcraft are also denied their right to a fair trial entrenched in the Constitution. Similarly, muti-murders and necklacing also result in the infringement of the right to life and the right to freedom and security of the person entrenched in the Constitution. The custom of ukuthwala results in the infringement of the right to equality, the right to freedom and security of the person, the right to live in an environment that is not harmful to health or well-being, the right not to be subjected to slavery, servitude or forced labour, the right to basic education and other constitutional safeguards aimed at protecting children. In light of the constitutional right to freedom of culture and the right to freely participate in a cultural life of one's choosing the question can be asked whether the time has come to formally recognise a cultural defence in the South African criminal law. In this study it is argued that these constitutional rights do not warrant the formal recognition of a cultural defence. Instead, it is recommended that the conflict between African customary law and the South African common law can be resolved by bringing indigenous beliefs and customs in line with the values that underpin the Constitution as the supreme law of South Africa. Of course, this does not mean that the courts should ignore cultural considerations during a criminal trial if and when they arise. In fact, as pointed out in this study, the courts have a constitutional duty to apply African customary law when that law is applicable. It goes without saying that, when an accused attempts to escape criminal liability for his unlawful conduct by raising arguments of his cultural background, African customary law will be applicable and must be considered by the court. This in turn raises the question as to how the criminal courts can ensure that they give enough consideration to the possibility that an accused's criminal conduct was culturally motivated so as to comply with their constitutional mandate referred to above. Although it would be nearly impossible to formulate a perfect or flawless approach according to which a judicial officer can adjudicate criminal matters involving culturally motivated crimes, the author suggests the following practical approach which may provide some guidance to judicial officers in dealing with cases involving culturally motivated crimes: • Step 1: Consider whether the commission of the crime was culturally motivated or not. If it seems as though the accused did not commit a culturally motivated crime, the trial can continue on that basis. If, however, it is evident that the accused indeed committed a culturally motivated crime, step 2 follows. • Step 2: Once it has been determined that the commission of the crime was culturally motivated, the next step is to determine which indigenous belief or custom led to the commission of the crime. Once the relevant indigenous belief or custom has been identified, step 3 follows. • Step 3: When it is clear which indigenous belief or custom led to the accused's commission of the crime, the next step is to determine whether arguments pertaining to that particular indigenous belief or custom may be raised within the context of the existing defences in the South African Criminal law in order to exclude the accused's criminal liability. If an accused relies on one of the existing defences in the South African criminal law, he will have to lay a proper evidential foundation for his defence before the court. In assessing the evidence put forth by the accused, the judicial officer must consider the judgment and reasoning in previous cases dealing with the particular indigenous belief or custom. A judicial officer must also consider the values underpinning the Constitution when conducting such an assessment. If a judicial officer upholds an accused's defence, the accused is acquitted. However, if the judicial officer rejects an accused's defence, the accused must be convicted and step 4 follows. • Step 4: Once an accused has been convicted, a court should consider whether arguments of his cultural background can serve as an extenuating circumstance, mitigating the punishment to be imposed on him. However, the practical approach above merely serves as a suggestion to judicial officers in dealing with culturally motivated crimes and ultimately it will be up to the judiciary to develop both the Western common law and African customary law to resolve the criminal law conflicts between these two legal systems. The research for this study was concluded in November 2013. / LLD, North-West University, Potchefstroom Campus, 2014
4

Opvoedersekuriteit en sportafrigting by skole : onderwysregtelike perspektief / Doubell T.B.

Doubell, Thomas Burton January 2012 (has links)
Sport by skole is n verlengstuk tot die opvoeding van die kind, en in die meeste goed funksionerende openbare skole vind sportafrigting wel plaas. Sekere kommerwekkende gebeure rakende die onderwysers se regsaanspreeklikheid tydens die afrigting van sport het hierdie studie genoodsaak. Die klem van hierdie studie fokus op die sekuriteit en veiligheid van nopvoeder, veral tydens die afrigting van sport. In die studie is daar na opvoeders verwys in hulle rolle as sportafrigters, wedstrydbeamptes en administrateurs by skole. Hierdie navorsing val binne die vakgebied Onderwysreg en die opvoeders se sekuriteit en veiligheid word onder andere vanuit n gemeenregtelike perspektief bespreek. Om die studie geldig te maak, is al die rolspelers wat by sportafrigting by die skole betrokke is, by die studie ingesluit. Die Grondwet, onderwyswetgewing, beroepsveiligheid en –gesondheidswetgewing, tersaaklike regspraak en die gemene reg is as regsdeterminante ontleed. Daar is veral in die bespreking van die gemene reg gefokus op deliktuele aanspreeklikheid as regsdeterminant. In die studie is n kwalitatiewe ondersoek na opvoeders se persepsies gedoen. Daar is gefokus op deelnemers in die onderwys in n spesifieke geografiese area is, en die hele spektrum van rolspelers is betrek. Een prominente bevinding van die studie is dat opvoeders gretig is om meer inligting oor die regsaspekte rakende sportafrigting te bekom. Dit is vir die meeste deelnemers n onbekende veld en hulle is van mening dat indien hulle meer ingelig is, dit n groot bydrae sal lewer tot hulle eie veiligheid en sekuriteit, sowel as dié van leerders. Die sentrale tema van die studie is die sekuriteit en veiligheid van die opvoeders. Die deelnemers is daarvan oortuig dat daar in die opleiding van afrigters groter klem geplaas moet word op die uitbou van regskennis. Opvoeders het n passie vir die afrigting van sport en die klem is op die ontwikkeling van die leerder. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2012.
5

Opvoedersekuriteit en sportafrigting by skole : onderwysregtelike perspektief / Doubell T.B.

Doubell, Thomas Burton January 2012 (has links)
Sport by skole is n verlengstuk tot die opvoeding van die kind, en in die meeste goed funksionerende openbare skole vind sportafrigting wel plaas. Sekere kommerwekkende gebeure rakende die onderwysers se regsaanspreeklikheid tydens die afrigting van sport het hierdie studie genoodsaak. Die klem van hierdie studie fokus op die sekuriteit en veiligheid van nopvoeder, veral tydens die afrigting van sport. In die studie is daar na opvoeders verwys in hulle rolle as sportafrigters, wedstrydbeamptes en administrateurs by skole. Hierdie navorsing val binne die vakgebied Onderwysreg en die opvoeders se sekuriteit en veiligheid word onder andere vanuit n gemeenregtelike perspektief bespreek. Om die studie geldig te maak, is al die rolspelers wat by sportafrigting by die skole betrokke is, by die studie ingesluit. Die Grondwet, onderwyswetgewing, beroepsveiligheid en –gesondheidswetgewing, tersaaklike regspraak en die gemene reg is as regsdeterminante ontleed. Daar is veral in die bespreking van die gemene reg gefokus op deliktuele aanspreeklikheid as regsdeterminant. In die studie is n kwalitatiewe ondersoek na opvoeders se persepsies gedoen. Daar is gefokus op deelnemers in die onderwys in n spesifieke geografiese area is, en die hele spektrum van rolspelers is betrek. Een prominente bevinding van die studie is dat opvoeders gretig is om meer inligting oor die regsaspekte rakende sportafrigting te bekom. Dit is vir die meeste deelnemers n onbekende veld en hulle is van mening dat indien hulle meer ingelig is, dit n groot bydrae sal lewer tot hulle eie veiligheid en sekuriteit, sowel as dié van leerders. Die sentrale tema van die studie is die sekuriteit en veiligheid van die opvoeders. Die deelnemers is daarvan oortuig dat daar in die opleiding van afrigters groter klem geplaas moet word op die uitbou van regskennis. Opvoeders het n passie vir die afrigting van sport en die klem is op die ontwikkeling van die leerder. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2012.
6

Kinders betrokke by instemmende seksuele handelinge / Lelanie Ward

Ward, Lelanie January 2014 (has links)
Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014
7

Die grammatikalisering van aspek in Afrikaans : 'n semantiese studie van perifrastiese progressiewe konstruksies / Catharina Adriana Breed

Breed, Catharina Adriana January 2012 (has links)
Temporal constructions in Afrikaans are ambiguous with respect to aspectual meaning. The past tense construction with het ge-, for instance, can be interpreted as progressive, perfective or anterior. In the same vein, the unmarked present tense construction can be interpreted as a construction with a progressive or a perfective meaning. This aspectual ambiguity of the Afrikaans verbal system has a significant effect on the way in which Afrikaans grammar is described or understood. The observation by native speakers, linguists, literary specialists and writers that the temporal constructions in Afrikaans are vague or ambiguous with regard to aspectual meaning has led to certain views about the expression of tense in the language. In Afrikaans literature, for example, there is a tradition to write prose primarily in the present tense, because of the perception that the past tense is not adequate to convey particular semantic nuances. Furthermore, certain speakers of Afrikaans and linguists believe that Afrikaans grammar has been simplified and just does not have aspect. However, Afrikaans possesses alternative strategies to specify aspectual meaning. The five prototypical ways of expressing aspectual meaning in Afrikaans are i) lexical constructions (such as adverbs and conjunctions); ii) constructions with affixes, iii) reduplication constructions; iv) passive constructions; and v) periphrastic constructions. Aspectual meaning in Afrikaans is an almost entirely unexplored research field. In my opinion, the literature on the expressions of aspectual meaning in Afrikaans contains two shortcomings. First, Afrikaans aspect needs to be described theoretically. Second, more research is needed concerning the specific ways in which aspectual meaning is expressed in Afrikaans. The scope of this entire research field is too large for a single study. For that reason, the present study aims to reveal the way in which periphrastic constructions are used to convey progressive meaning. As far as temporal meaning is concerned, it is possible to make a distinction between tempus meaning, which stands for deictic temporal meanings (i.e. past, present and future tense), and aspectual meaning, which stands for non-deictic temporal meanings such as duration, point of view and the internal structure of the situation. One can also distinguish between lexical and grammatical aspect. Lexical aspect has to do with the conceptual properties of a situation or, in other words, with the question whether it is static or dynamic, telic or atelic and durative. There are five situation types: states, activities, achievements, accomplishments and semelfactives. Grammatical aspect concerns the point of view from which the situation is perceived. One can make a distinction between perfective and imperfective grammatical aspect. The latter can be subdivided into imperfectives conveying habitual meaning and imperfectives conveying progressive meaning. Grammaticalisation theory is useful and a relevant tool to provide answers to the afore-mentioned research questions. First, it offers insight into the manner in which the ambiguous tempus constructions of Afrikaans came into being. Second, it can be used to show how the alternative aspectual constructions have developed and how they are currently employed in the language. For the purpose of this study, grammaticalisation is regarded as language change in which a construction loses its lexical meaning and comes to express grammatical meaning. Grammatical constructions can be used in more contexts than their lexical counterparts, as grammaticalised uses have been generalized contextually. Grammatical constructions lose the morphosyntactic properties typical of their lexical counterparts and assume grammatical properties. Grammaticalisation is a typological phenomenon and the lexical origin of a grammatical construction is often the same in different languages. Grammaticalizing constructions exhibit an increase in frequency. Afrikaans and Dutch are closely related languages and possess cognate periphrastic progressive constructions, viz. i) the aan het- / aan die- ii) VPOS te / VPOS en-; en iii) bezig- / besig- progressive constructions. To examine the use of periphrastic progressive constructions in Afrikaans from a grammaticalisation perspective, I compare the results of a study of these constructions in an Afrikaans corpus to those of previous studies of the periphrastic progressive constructions in Dutch. The respective constructions are compared on the basis of four criteria, viz. i) frequency; ii) verb collocations; iii) transitivity; and iv) combinatorial possibilities with other aspectual periphrastic constructions. The lexical origins of the various constructions are also considered. The comparison of the constructions on the basis of the afore-mentioned criteria makes it possible to demonstrate how the periphrastic progressive constructions in Afrikaans came into being and how they have developed into grammatical constructions conveying aspectual meaning and in which way the different Afrikaans periphrastic constructions express progressive meaning. / PhD (Afrikaans and Dutch), North-West University, Potchefstroom Campus, 2012
8

Kinders betrokke by instemmende seksuele handelinge / Lelanie Ward

Ward, Lelanie January 2014 (has links)
Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014
9

Die grammatikalisering van aspek in Afrikaans : 'n semantiese studie van perifrastiese progressiewe konstruksies / Catharina Adriana Breed

Breed, Catharina Adriana January 2012 (has links)
Temporal constructions in Afrikaans are ambiguous with respect to aspectual meaning. The past tense construction with het ge-, for instance, can be interpreted as progressive, perfective or anterior. In the same vein, the unmarked present tense construction can be interpreted as a construction with a progressive or a perfective meaning. This aspectual ambiguity of the Afrikaans verbal system has a significant effect on the way in which Afrikaans grammar is described or understood. The observation by native speakers, linguists, literary specialists and writers that the temporal constructions in Afrikaans are vague or ambiguous with regard to aspectual meaning has led to certain views about the expression of tense in the language. In Afrikaans literature, for example, there is a tradition to write prose primarily in the present tense, because of the perception that the past tense is not adequate to convey particular semantic nuances. Furthermore, certain speakers of Afrikaans and linguists believe that Afrikaans grammar has been simplified and just does not have aspect. However, Afrikaans possesses alternative strategies to specify aspectual meaning. The five prototypical ways of expressing aspectual meaning in Afrikaans are i) lexical constructions (such as adverbs and conjunctions); ii) constructions with affixes, iii) reduplication constructions; iv) passive constructions; and v) periphrastic constructions. Aspectual meaning in Afrikaans is an almost entirely unexplored research field. In my opinion, the literature on the expressions of aspectual meaning in Afrikaans contains two shortcomings. First, Afrikaans aspect needs to be described theoretically. Second, more research is needed concerning the specific ways in which aspectual meaning is expressed in Afrikaans. The scope of this entire research field is too large for a single study. For that reason, the present study aims to reveal the way in which periphrastic constructions are used to convey progressive meaning. As far as temporal meaning is concerned, it is possible to make a distinction between tempus meaning, which stands for deictic temporal meanings (i.e. past, present and future tense), and aspectual meaning, which stands for non-deictic temporal meanings such as duration, point of view and the internal structure of the situation. One can also distinguish between lexical and grammatical aspect. Lexical aspect has to do with the conceptual properties of a situation or, in other words, with the question whether it is static or dynamic, telic or atelic and durative. There are five situation types: states, activities, achievements, accomplishments and semelfactives. Grammatical aspect concerns the point of view from which the situation is perceived. One can make a distinction between perfective and imperfective grammatical aspect. The latter can be subdivided into imperfectives conveying habitual meaning and imperfectives conveying progressive meaning. Grammaticalisation theory is useful and a relevant tool to provide answers to the afore-mentioned research questions. First, it offers insight into the manner in which the ambiguous tempus constructions of Afrikaans came into being. Second, it can be used to show how the alternative aspectual constructions have developed and how they are currently employed in the language. For the purpose of this study, grammaticalisation is regarded as language change in which a construction loses its lexical meaning and comes to express grammatical meaning. Grammatical constructions can be used in more contexts than their lexical counterparts, as grammaticalised uses have been generalized contextually. Grammatical constructions lose the morphosyntactic properties typical of their lexical counterparts and assume grammatical properties. Grammaticalisation is a typological phenomenon and the lexical origin of a grammatical construction is often the same in different languages. Grammaticalizing constructions exhibit an increase in frequency. Afrikaans and Dutch are closely related languages and possess cognate periphrastic progressive constructions, viz. i) the aan het- / aan die- ii) VPOS te / VPOS en-; en iii) bezig- / besig- progressive constructions. To examine the use of periphrastic progressive constructions in Afrikaans from a grammaticalisation perspective, I compare the results of a study of these constructions in an Afrikaans corpus to those of previous studies of the periphrastic progressive constructions in Dutch. The respective constructions are compared on the basis of four criteria, viz. i) frequency; ii) verb collocations; iii) transitivity; and iv) combinatorial possibilities with other aspectual periphrastic constructions. The lexical origins of the various constructions are also considered. The comparison of the constructions on the basis of the afore-mentioned criteria makes it possible to demonstrate how the periphrastic progressive constructions in Afrikaans came into being and how they have developed into grammatical constructions conveying aspectual meaning and in which way the different Afrikaans periphrastic constructions express progressive meaning. / PhD (Afrikaans and Dutch), North-West University, Potchefstroom Campus, 2012
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'n Onderwysregtelike perspektief op regsaanspreeklikheid van onderwyser-afrigters in skolerugby / Roché Marx.

Marx, Roché January 2013 (has links)
School rugby is one of the most popular sports within numerous South-African public schools. Each year competition gets tougher as a result of the increase in tournaments during school holidays and the nationwide promotion of interschool tournaments. Educators as coaches of school teams carry the responsibility to not only pursue competitiveness, but also care for the safety of the school rugby players. Between 2001 and 2010, 13 of 36 players that obtained spinal related injuries ended up as quadriplegic, according to data from the Chris Burger/Petro Jackson Players’ Fund. Statistics show that serious rugby related injuries amongst school rugby players have increased, thus compromising the safety of the rugby player. These statistics add to the central theme of this study, namely educator security. Educator-coaches’ security is greatly influenced by the safety of the school rugby player. The South African Rugby Union (SARU) proceeded to follow the example of other rugby playing countries by implementing a rugby safety program. BOKSMART was launched in 2009 in conjunction with the Chris Burger/Petro Jackson Players Fund. The rugby safety program is implemented for coaches to guide them with the latest methods regarding skills and techniques for the enhancement of safer rugby. During this study similar rugby programs will be analysed and discussed to determine the effect these programs has on educator-coach safety. To understand the effect more clearly, delictual liability is discussed which is connected to an introduction of the South African legal system. The Constitution of the Republic of South Africa, education legislation and other legislation with regards to the security of the educator-coaches’ and the safety of the school rugby player is discussed. A discussion regarding the application of the law of delict is also included. During the empirical research a qualitative research method is used to determine and interpret the perceptions of educator-coaches regarding their security. If an educator- coach is confronted with legal actions, it can have a negative effect on his worklife and career. Focus is placed on educator-coaches of high school teams, while principals and sport organisers also gave their input on the subject. Findings are presented based on an analysis of the data gathered. Two important findings stood out, namely that all educator-coaches are not well acquainted with the legal aspects regarding player safety and educator-coach’s security and secondly, that there is a need to gain more knowledge regarding delictual liability, as applied to rugby coaching. / Thesis (MEd (Education Law))--North-West University, Potchefstroom Campus, 2013.

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