This report is the culmination of literature study and semi-structured interviews which assisted in developing a Model for Implementation of Restorative Justice in the South African Correctional System. The study explores the use of Restorative Justice as part of rehabilitation in a prison setting. Literature focuses mainly on Restorative Justice as part of diversion, in cases of first offenders and less serious offences. Restorative Justice with sentenced offenders has been gaining momentum, though. Diversity in terms of language, cultural and religious practice as well as social background, should be considered as it affects the decision to enter into a Restorative Justice process. Restorative Justice with sentenced offenders is challenging and in the main a largely unsupported field. The study draws on experience from other countries, while at the same time advocate for uniquely South African practice. The involvement of the most important role players, namely victim, offender and the community is emphasized. Attitude and insufficient training seem to be some of the challenges for the implementation of Restorative Justice. Successes are reported in the few sites where Restorative Justice is implemented in the Correctional System, but a change of mindset, of being open to possibilities other than lock-up and punish in the entire Criminal Justice System is needed. Restorative Justice in the Correctional System seems to have been approached as yet another new programme, and not as a paradigm shift for the entire Criminal Justice System. Dealing with conflict in a restorative way should be at the front end of the chain, with young children whose behaviour can be directed, as changing behaviour of adults proves to be difficult. Repentance and forgiveness in different cultures and spiritual backgrounds are some of the issues that are grappled with, although forgiveness is nowhere indicated as a requirement for a successful Restorative Justice process. Voluntary participation is required from victims and offenders with support from communities. It remains a deeply spiritual and individual journey for those who choose to turn away from anger, fear and hatred, and start the process of personal healing and restoration. Restorative Justice with sentenced offenders can assist in dealing with the aftermath of crime. / Penology / D. Litt. et Phil. (Penology)

Thesis (LL.M.)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: In recognition of the socio-economic imbalances inherited from the past and the abject poverty experienced by many, the people of South Africa adopted a Constitution fully committed to protecting socio-economic rights and advancing social justice. Apartheid constituted a violation of every internationally recognised human right. Seen in this light the emphasis on socio-economic rights in the new South African Constitution represents a commitment to guarantee to everyone in society a certain minimum standard of living below which they will not be allowed to fall. As the Constitution recognises socio-economic rights as justiciable rights, they can be of assistance to those who are unable to support themselves when challenging the state for the non-delivery of basic services. The duty to deliver the services lies first with the state and the court becomes involved only once it is alleged that the state has failed to fulfil its duty. The primary purpose of the study is aimed at determining the effectiveness of the South African Human Rights Commission in monitoring court orders in respect of the implementation of socio-economic rights. Non-Governmental Organisations, involved in the promotion and protection of human rights including socio-economic rights, cannot be left out of the process. It is argued that where the Courts issue structural interdicts, which have of late been used by them, albeit not enough in the context of socio-economic rights, they are responsible for the implementation of such orders. It is also argued that the South African Human Rights Commission and NGOs must be enjoined to ensure that court orders are better implemented. Court orders in respect of socio-economic rights in almost all the cases to date were neither implemented nor monitored adequately. / AFRIKAANSE OPSOMMING: Ter erkenning van die sosio-ekonomiese ongelykhede wat post-apartheid Suid- Afrika geërf het en die volslae armoede waaraan talle Suid-Afrikaners onderwerp is, het die mense van Suid-Afrika 'n grondwet aanvaar wat verbonde is tot die beskerming van sosio-ekonomiese regte en die bevordering van maatskaplike geregtigheid. Apartheid het elke internasionaal-erkende mensereg geskend. Teen hierdie agtergrond verteenwoordig die klem op sosioekonomiese regte in die nuwe Suid-Afrikaanse grondwet 'n verbondenheid daartoe om vir elkeen in die maatskappy 'n bepaalde minimum lewensstandaard te waarborg, waaronder hulle nie toegelaat sal word om te sak nie. Aangesien die grondwet sosio-ekonomiese regte as beregbare regte erken, kan hierdie regte van nut wees vir mense wat hulself nie kan onderhou nie, as hulle die staat uitdaag omdat basiese dienste nie gelewer word nie. Die plig om dienste te lewer berus eerstens by die staat, met die gevolg dat die hof eers betrokke raak as die staat nie daarin slaag om sy plig te vervul nie. Die primêre doel van hierdie studie is om vas te stel hoe effektief die Suid- Afrikaanse Menseregtekommissie is met die monitering van hofbevele wat betrekking het op die verwesenliking van sosio-ekonomiese regte. Nieregeringsinstansies wat betrokke is by die bevordering en beserkming van menseregte, met inbegrip van sosio-ekonomiese regte, kan egter nie uit die proses gelaat word nie. In hierdie studie word aangevoer dat waar die strukturele interdikte gee, soos wat in die onlangse verlede gebeur het, selfs al is dit nie genoeg in die konteks van sosio-ekonomiese regte nie, hulle ook verantwoordelikheid is daarvoor dat sulke bevele uitgevoer word. Dit word verder gestel dat die Suid-Afrikaanse Menseregtekommissie en nieregeringsinstansies moet saamwerk om te verseker dat hofbevele beter uitgevoer word. Tot op datum is amper geen hofbevele oor sosio-ekonomiese regte bevredigend uitgevoer of genoegsaam gemoniteer nie.

Thesis (LLD)--University of Stellenbosch, 2000. / ENGLISH ABSTRACT: The aim of this dissertation is to conceptualise the principle of "environmental justice". In doing so it attempts to determine its meaning, assess its possible use for the protection of environmental rights in the light of the South African Bill of Rights, and draw, in a comparative manner, on examples from two other jurisdictions, namely the United States of America (USA) and India. In the first part of the study "environmental justice" is defined and thereafter the ways in which the idea of "environmental justice" has found expression in the USA and Indian jurisprudence as well as in legislative and administrative practices in these two countries are analysed comparatively. In reviewing the US experience the study concludes that the courts have shown a conspicuous measure of self-restraint in the conceptualisation of environmental justice. Due to its non-activist and formalistic approach, the judiciary has failed to address systemic environmental inequities, and to carve out remedies whereby environmental injustice could have been dealt with in an effective and meaningful way. The more activist approach of the Indian judiciary, on the other hand, has led to more effective protection of the environment and of people adversely affected by environmental degradation. The judiciary has imposed positive obligations on the state to carry out its social duties as laid down in the Directive Principles of the Indian Constitution. Although India does not have a constitutionally entrenched environmental right, the courts have interpreted the right to life proactively so as to include quality of life. The study concludes by examining possible applications of the principle of environmental justice for the protection of environmental rights in South Africa, assessing the law as it stands and exploring new avenues in the light of the Bill of Rights. In this respect the following guidelines are proposed by this study: o Environmental problems in South Africa must be placed within their specific historical and political context. Consequently environmental injustice must be understood as a form of inequity that impacts on people disproportionately on the basis of race and socio-economic status. The concept "environment" can therefore not be narrowly understood, whether it is being dealt with in the Constitution, legislation or common law. It must be recognised that the concept goes beyond ecosystems and that it includes a multiplicity of relationships, in many of which humans are the focal point. o Environmental justice claims in South Africa may best be framed as constitutional claims. Regard should be had not only to the environmental right in section 24 of the Constitution, but also to other rights that support the notion of environmental justice, such as the rights to life, equality and dignity. o Judicial activism is a key to the promotion of environmental justice. The judiciary plays an important role in ensuring that the state and other actors fulfil their obligation to respect, protect, promote and fulfil the rights in the Bill of Rights. Transformation requires a judiciary that is prepared to reconsider the traditional boundaries of the doctrine of separation of powers and to lay down directives for other branches of government, in particular the executive. / AFRIKAANSE OPSOMMING: Die doel van hierdie proefskrif is om die beginsel "omgewingsgeregtigheid" te konsepsualiseer. Die studie poog dus om die betekenis van hierdie beginsel, sowel as die moontlike gebruik daarvan in die beskerming van omgewingsregte vas te stel in die lig van die Suid Afrikaanse Handves van Regte. Verder poog die studie om deur middel van regsvergelyking insigte te bekom uit voorbeelde in twee jurisdiksies, die Verenigde State van Amerika en Indië. "Omgewingsgeregtigheid" word in die eerste deel van die proefskrif gedefinieer. In die tweede deel word die wyse waarop omgewingsgeregtigheid uitdrukking vind in Amerikaanse en Indiese reg, sowel as in statutêre en administratiewe praktyk vergelykend geanaliseer. In die beoordeling van die Amerikaanse ervaring word tot die slotsom gekom dat die howe 'n ooglopende mate van selfbeheersing toon in die konsepsualisering van omgewingsgeregtigheid. As gevolg van die regsbank se nie-aktivistiese en formalistiese benadering, het dit in gebreke gebly om sistemiese omgewingsongelykhede aan te spreek, en om remedies te ontwikkel wat omgewingsgeregtigheid op 'n effektiewe en betekenisvolle wyse aanspreek. Die aktivistiese benadering van die Indiese regsbank aan die ander kant, lei tot meer effektiewe beskerming van die omgewing en diegene wat nadelig geaffekteer word deur omgewingsbeskadiging. Die regsbank plaas positiewe verpligtinge op die staat sodat die staat sy sosiale pligte kan nakom soos bepaal in die Direktiewe Beginselsin die Indiese Grondwet. Alhoewel Indië nie oor 'n grondwetlik verskanste omgewingsreg beskik nie, het die howe die reg op lewe pro-aktief geinterpreteer sodat dit ook die reg op lewenskwaliteit insluit. Die studie ondersoek verder die moontlike toepassings van die beginsel van omgewingsgeregtigheid vir die beskerming van omgewingsregte in Suid Afrika. Dit beoordeel die huidige reg en ondersoek nuwe rigtings in die lig van die Handves van Regte. In hierdie opsig word die volgende riglyne neergelê in hierdie studie: o Omgewingsprobleme in Suid Afrika moet binne 'n spesifieke historiese en politieke raamwerk geplaas word. Gevolglik moet omgewingsongeregtigheid verstaan word as 'n vorm van onbillikheid wat mense op grond van ras en sosioekonomiese status benadeel. D Die konsep "omgewing" behoort dus nie beperkend geinterpreteer te word nie, hetsy dit gebruik word in die grondwet, wetgewing of die gemene reg. Erkenning moet gegeeword daaraan dat die begrip wyer is as ekosisteme en dat dit 'n veelvoud van verhoudings insluit, baie waarvan mense die middelpunt vorm. D Eise rakende omgewingsgeregtigheid in Suid Afrika moet beskou word as grondwetlike eise. Nie net kom die omgewingsreg vervat in artike124 van die Grondwet ter sprake nie, maar ook aan ander regte soos die reg op lewe, gelykheid en menswaardigheid wat omgewingsgeregtigheid ondersteun. D Regterlike aktivisme is die sleutel tot die bevordering van omgewingsgregtigheid. Die regsbank speel 'n belangrike rol deurdat dit moet verseker dat die staat en ander rolspelers hul plig nakom om die regte in die Handves van Regte te respekteer, te beskerm en te bevorder. Transformasie vereis dus 'n regsbank wat bereid is om die tradisionele grense van die beginsel van magskeiding te heroorweeg en om riglyne neer te lê vir ander takke van die regering, spesifiek die uitvoerende gesag.

Thesis (MComm)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: This study arose from a high need to determine the factors contributing to leader effectiveness in South African organisations by identifying the determinants thereof. The purpose of the study furthermore was to identify the determinants of unethical and counterproductive behaviours in the workplace. There is a belief that leaders should set aside ethical standards to succeed in the rough-and-tumble world of business. In contrast, evidence has revealed that ethical leaders can frequently be seen as more effective in organisations. Since the purpose of this study was to examine factors contributing to perceived leader effectiveness within South African organisations, the relationship between perceived effective leadership, ethical climate, organisational justice, ethical leadership and core ethical values was investigated. The aim was to provide further theoretical and empirical evidence that effective ethical leadership can be realised through instilling an ethical organisational climate in which integrity, altruism and fairness are exhibited and encouraged. A theoretical model was developed to explain the structural relationships between the latent variables and effective leadership within organisations. Substantive hypotheses were formulated in order to determine the validity of the propositions made in the literature review, with the objective of testing the proposed ethical climate structural model. The sample was selected from of employees of a large retail company mainly situated in the Western Cape but with branches all over South Africa and in the rest of Africa. The selection consisted of 224 first-line and middle management employees. Each of the respondents completed the Leader Effectiveness Questionnaire (LEQ), the Ethical Climate Scale (ECS), the Justice Scale, the Leadership of Ethics Scale (LES), the Revised Behavioural Integrity Scale (BIS-R) and Langley’s Value Scale. The hypotheses and the structural model were empirically tested using various statistical methods. Reliability analysis was completed on all the measurement scales and satisfactory reliability was found. The content and structure of the measured constructs were examined by means of confirmatory factor analysis and the results indicated that good fit was achieved for all the refined measurement models. Structural Equation Modelling (SEM) was subsequently used to determine the extent to which the conceptual model fitted the data obtained from the sample and to test the relationships between the constructs. The results revealed that integrity and altruism have a direct and positive influence on ethical leadership. Support furthermore was found for the influence of ethical climate on leader effectiveness. The results however indicated that support could not be found for the relationship between organisational justice and leader effectiveness. Conversely, it was found that ethical leadership has a direct and positive influence on leader effectiveness. In addition, organisational justice also exhibited a positive influence on ethical climate. On the other hand, ethical leadership did not have a positive influence on ethical climate. Finally, support was found for the influence of ethical leadership on organisational justice. Final conclusions were drawn from the results obtained and recommendations for future research are made. / AFRIKAANSE OPSOMMING: Hierdie studie het ontstaan uit ‘n dringende behoefte om die faktore wat bydra tot leier-doeltreffendheid in Suid-Afrikaanse organisasies te bepaal, deur die determinante daarvan te identifiseer. Verder was die doel van die studie om die determinante van onetiese en teenproduktiewe gedrag in die werkplek te identifiseer. Daar is ʼn bewering dat leiers hul etiese standaarde eenkant toe moet skuif om in die hedendaagse besigheidswêreld suksesvol te wees. In teendeel is dit egter bewys dat etiese leiers in organisasies dikwels as meer effektief beskou kan word. Met die doel van hierdie studie om die faktore te bestudeer wat bydra tot waargenome leier doeltreffendheid in Suid-Afrikaanse organisasies, is die verwantskap tussen waargenome leier doeltreffendheid, etiese klimaat, organisatoriese geregtigheid, etiese leierskap en kern etiese waardes in hierdie studie ondersoek. Die studie het gepoog om addisionele teoretiese en empiriese bewyse te lewer dat etiese leiers die persepsie van doeltreffende leierskap indirek kan beïnvloed deur die skep van ‘n etiese organisasieklimaat waarin integriteit, altruisme en billikheid ten toon gestel en bevorder word. ‘n Teoretiese model is ontwikkel om die strukturele verwantskappe tussen die latente veranderlikes en doeltreffende leierskap in organisasies te verklaar. Substantiewe hypotheses is geformuleer om sodoende die geldigheid van die voorspellings uit die literatuurstudie te bepaal. Die doel hiervan was om die voorgestelde etiese klimaat strukturele model te toets. Die steekproef het bestaan uit werknemers van ‘n groot kleinhandel maatskappy wat hoofsaaklik in die Wes-Kaap geleë is, maar takke regoor Suid-Afrika en in die res van Afrika het. Die steekproef is saamgestel uit 224 eerste-vlak en middel-bestuur werknemers. Elke respondent het die Leader Effectiveness Questionnaire (LEQ), die Ethical Climate Scale (ECS), die Organisational Justice Scale, die Leader of Ethics Scale (LES), die Revised Behavioural Integrity Survey (BIS-R) en die Altruism Scale ingevul. Die hipoteses en die strukturele model is empiries getoets met behulp van verskeie statistiese metodes. Betroubaarheidanalise is op al die metingskale uitgevoer en bevredigende betroubaarheid is gevind. Die inhoud en struktuur van die gemete konstrukte is deur middel van bevestigende faktor-ontledings ondersoek en die resultate het aangedui dat integriteit en altruisme ‘n direkte en positiewe invloed op etiese leierskap het. Ondersteuning is ook gevind vir die invloed van etiese klimaat op leier doeltreffendheid. Die resultate het egter aangedui dat ondersteuning nie vir die verband tussen organisatoriese geregtigheid en leier doeltreffendheid nie gevind kon word. Daarteenoor is daar gevind dat etiese leierskap ‘n direkte en positiewe invloed op leier doeltreffendheid het. Boonop het organisatoriese geregtigheid ook ‘n positiewe invloed op etiese klimaat getoon. Daarteenoor het etiese leierskap nie ‘n positiewe invloed op etiese klimaat gehad nie. Laastens is ondersteuning gevind vir die invloed wat etiese leierskap op organisatoriese geregtigheid het. Finale gevolgtrekkings is afgelei van die resultate wat verkry is en aanbevelings is vir toekomstige navorsing gemaak.

The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.

Submitted in fulfillment of requirements of the Degree of Doctor of Philosophy in Food and Nutrition, Durban University of Technology, 2017. / The focus of this study is to develop a capacity building programme that prepares students for service learning (SL) with the purpose of developing social responsibility and active critical citizenship underpinned by a social justice paradigm at a University of Technology (UoT). In developing countries such as South Africa that still experience severe injustices and inequality of access to, for example, certain services such as health services, it is impossible to ignore issues of human and social development and poverty reduction when promoting the university’s role in development. The developmental role of HEIs has been reinforced through the introduction and formalization of Community Engagement (CE) as a core function of higher education together with teaching and learning and research. When examining the role of universities in educating students for social responsibility and critical citizenship, it is evident that the biggest area of growth of CE has been in the form of Service Learning (SL) and community service. The study posits that in the South African context of HEIs, the potential for fostering, specifically critical discourse and creative thinking exists in what are termed as traditional universities because of the nature of the varied disciplines offered at these institutions. On the other hand, UoTs focused predominantly on the technical study field and on training students for the market place. The emphasis on Work Integrated Learning (WIL) and industry placements narrowed the focus and excluded insights into South Africa’s diversity and socioeconomic issues in the curriculum. The concept of social responsibility within a social justice paradigm is a foreign concept at UoTs in particular. To facilitate SL within a social justice paradigm and to address issues of injustice and inequality in SA at universities, the question that needs to be asked is: how should the preparation of students be shaped to adequately prepare them to become justice-orientated, socially and civically responsible students without compromising their work preparedness? This bigger question leads to the specific question of the study, which is: if the department of Food and Nutrition Consumer Sciences at the Durban University of Technology (DUT) is to develop justice orientated, socially and civically responsible students, what theoretical and philosophical considerations should guide the development of a SL capacity building programme? To achieve the purpose of the study the following objectives were identified: firstly, establish the effectiveness of the current preparation of Food and Nutrition students for SL to foster justice-orientated social and civic responsibility; secondly, determine the theoretical and philosophical considerations that should guide the development of students’ justice-orientated social and civic responsibility through SL in the field of Food and Nutrition; thirdly, develop and implement a SL capacity building programme to foster social responsibility and critical active citizenship within a social justice paradigm; finally, develop a framework for a social justice-orientated SL capacity building programme post evaluation A sequential exploratory mixed methods research protocol was applied in this study. The research process consisted of three phases. Phase I entailed the exploration of the research question with qualitative data collection (focus groups) and analysis. This phase was followed by a developmental phase (Phase II) during which the qualitative results and the theoretical and philosophical considerations evident in the literature were used to develop a capacity building programme. The programme was implemented and the impact of the programme was evaluated in Phase III through the application of the Civic Attitudes and Skills Questionnaire (CASQ). Purposeful sampling was applied in Phases I (qualitative phase) and III (quantitative phase). During phase I five focus groups were conducted (n = 43). Phase III sample consisted of two groups namely, the experimental group (n = 19) and a control group (n = 24). Focus group interviews were recorded and transcribed verbatim after which the data was coded followed by a thematic analysis. The data from the CASQ was captured on Microsoft Excel® and analysed according to CASQ scales using the Statistical Package for Social Sciences (SPSS) version 23 to determine mean and standard deviations. A paired sample 2-tailed t-test was used to determine statistical significant differences between the pre- and post-test. Results from phase I confirmed students’ understanding of CE is mostly a charitable view with little emphasis on addressing social justice issues. The results showed that SL as currently planned and executed seems to perpetuate and reinforce existing social hierarchies and paternalism. The most common expectation of participating in CE from students was to apply skills and theoretical knowledge in a community setting. Students also commented that they expected to be developed personally and to learn about others. Additionally, it is evident from the results that students did not indicate any changes in their social justice awareness. The programme developed in phase II was within the framework of four dimensions including self-awareness, awareness of others, awareness of social issues and change agent as critical to preparing students for SL with the purpose of fostering social responsibility and active critical citizenship within a social justice paradigm and guided by the Ubuntu philosophy, Freire’s critical pedagogy and Mezirow’s transformative learning theory. The results of phase III showed that the experimental group who participated in the capacity building programme showed a significant increase in the social justice related subscales indicating their intentions of future civic action and change in social justice attitudes. The results in the control group demonstrated a decrease in the mean values in the post-test for the social justice subscales. The experimental group also showed an increase in the interpersonal and problem-solving skills, leadership skills, diversity attitudes and course value subscales but it was not significant. An opposite pattern was demonstrated in the control group with significant decreases in the interpersonal and problem-solving skills, leadership skills, diversity attitudes and course value. The results showed the significant impact of the capacity building programme on students’ awareness and understanding of social justice issues. Overall, the findings of the various phases assisted in refinement of the framework for a social justice orientated SL capacity building programme. The developed framework consists of five key components: philosophy that guides social justice oriented service learning; theories that underpin service learning; a pedagogy that would effectively enhance a social justice oriented SL experience; and praxis that integrates theory and practice. / D

M.Tech (Department of Business Administration, Faculty of Management Sciences), Vaal University of Technology. / The purpose of this study was to examine the influence of procedural, distributive and interactional justice on job satisfaction among members of the South African Police Academy, Thabong. A critical function of the South African Police Service (SAPS) is to ensure that the inhabitants of South Africa are safe. Members of the SAPS need to be committed and have a high morale to ensure that the vision of the SAPS is fulfilled. This study advocates the application of the equity theory. People prefer to work in an environment that is perceived as just. Employees will experience satisfaction with their job in terms of equity when the equity theory is applied. However, inequity will lead to tension at the workplace. In order for the officers as employees of the SAPS to function effectively, it is essential for the SAPS to ensure that their employees are satisfied. In this study, a quantitative approach was applied to gain an understanding of the influence of organisational justice (OJ) dimensions (PJ, DJ, IJ) on job satisfaction (JS). This involved administering questionnaires to 234 employees who were attending management courses at the SAPS Academy, Thabong in the northern Free State province of South Africa. Two primary tests were used to assess the suitability of the data for factor analysis. These tests are the Kaiser-Meyer Olkin (KMO) measure of sampling adequacy and Bartlett’s test of sphericity. The Pearson correlation coefficient was used to examine the correlations among the constructs. A means analysis was conducted to assess the perceptions of the employees in respect of PJ, DJ, IJ and JS. Multiple regression analysis was executed to examine whether the independent variables of PJ, DJ and IJ predict the dependent variable JS. The Cronbach alpha coefficient test provided an adequate indication of reliability of the instrument. Face/ content, construct and convergent validity methods were applied to establish validity of the study. A positive relationship between the OJ and JS was found in this study. The SAPS will be able to improve the JS levels of SAPS officers by making positive improvements when applying OJ to influence the various elements of JS identified in this study. This will effectively enable SAPS officers to meet the challenge of providing improved service. The proper implementation of OJ will ultimately lead to the organisations success as well as the progression of its employees. Since the SAPS depends on human resources, the organisation is required to assess the current OJ practices and create a working environment that stimulates and motivates employees so that their JS levels increase. The recommendations proposed for this study offer vital information on OJ practices that could assist the SAPS to improve the perceptions of employees. Accordingly, the application can improve employees’ low morale resulting from unfairness and injustice, thereby increasing the JS levels amongst employees. The findings of the research may generate guidelines for OJ practices. Recommendations include a systematic and transparent reward system that recognises employees’ excellent performance and rewards them accordingly. Another recommendation is the creation of a well-structured consultative forum to grant employees an opportunity to provide management with their perceptions of unfair practices. Future research should extend to other sectors within the public sector environment, as well as expanding the research to include several other JS elements.

M. Tech. (Department of Business Administration, Faculty of Management Sciences), Vaal University of Technology. / The purpose of this study was to determine the perception of organisational justice on job satisfaction among administrative staff members at a university of technology in South Africa. A critical function of the administrative staff at a university of technology is to ensure that all students and other staff members are assisted as effectively and efficiently as possible. Administrative staff at a university of technology in South Africa needs to be committed and have a high morale to ensure that the vision of the University of Technology is fulfilled. This study promotes the application of the Equity Theory. People prefer to work in an environment that is perceived as just. Employees will experience satisfaction with their job in terms of Equity when the Equity Theory is applied fairly. However, inequity will lead to tension at the workplace. In order for the administrative staff at a university of technology in South Africa to function effectively, it is essential for a university of technology to ensure that their administrative staff is satisfied. In this study, a quantitative approach was undertaken to gain an understanding of the perception of organisational justice and its dimensions on job satisfaction. This involved distributing questionnaires to 200 administrative staff at a university of technology in South Africa. Two primary tests were used to assess the suitability of the data for factor analysis. These tests are the Kaiser-Meyer Olkin measure of sampling adequacy and Bartlett’s test of sphericity. The Pearson correlation coefficient was used to examine the correlations among the constructs. A means analysis was conducted to assess the perceptions of the employeesin respect of distributive justice, procedural justice, interactional justice and job satisfaction. Regression analysis was executed to examine whether the independent variables of distributive justice, procedural justice and interactional justice predict the dependent variable job satisfaction. The Cronbach alpha coefficient test provided an adequate indication of reliability of the instrument. Face/content, construct and convergent validity methods were applied to establish validity of the study. A positive relationship between organisational justice and job satisfaction was found in this study. The administrative staff will be able to improve the job satisfaction levels of other administrative staff by making positive improvements when applying organisational justice to influence the various elements of job satisfaction identified in this study. This will effectively enable administrative staff to meet the challenge of providing improved service. The proper implementation of organisational justice will, ultimately, lead to the organisations’ success, as well as the progression of its employees. Since a university of technology depends on human resources, the organisation is required to assess the current organisational justice practices and create a working environment that stimulates and motivates employees so that their job satisfaction levels increase. The recommendations proposed for this study offer vital information on organisational justice practices that could assist a university of technology to improve the perceptions of administrative staff. Accordingly, the application can improve employees’ low morale resulting from perceived unfairness and injustice, thereby increasing the job satisfaction levels among administrative staff. The findings of the research may generate guidelines for organisational justice practices. Recommendations include a systematic and transparent reward system that recognises employees’ excellent performance and rewards them accordingly. Another recommendation is the creation of a well-structured consultative forum to grant employees an opportunity to provide management with their perceptions of unfair practices. Future research should extend to other sectors within the public sector environment, as well as expanding the research to include several other job satisfactionelements. Further, research using both mediation and moderation to investigate the associations between organisational justice and job satisfaction is recommended.

This study evaluated the effectiveness of the South African Truth and Reconciliation Commission (SATRC), using the theoretical and conceptual framework of the five pillars of transitional justice. Chitsike (2012) identified the five Pillars of Transitional Justice that the study uses. For that reason, Truth-Seeking and Truth-Telling, Trials and Tribunals, Reparations, Institutional Reform and Memorialisation are the Five Pillars of Transitional Justice that this study elected to use as the conceptual and theoretical framework. The Five Pillars of Transitional Justice that were delineated by Boraine (2005) are referred to for analytical purposes in the study. Methodologically, the study assumes a qualitative posture. Literature study through content analysis that uses description and exploration is deployed to make interpretation of the used literature. This study notes that each one of the pillars of transitional justice has its recommendations and limitations, and the pillars are much more enriched and enriching when applied in complementarity to each other rather than in isolation. The SATRC process also had its achievements and limitations, and its popularity was based on political impressions rather than concrete transitional justice achievements on the ground, in the view of the present study. Furthermore, it appears to the present study that more time is needed for much more reliable evaluations of the effectiveness of the Truth and Reconciliation Commission (TRC) to be made, some of its successes and limitations will take many years and or even decades to manifest because at the end of the day, TRCs are historical process and not events. / Political Sciences / M.A. (Politics)

In this thesis, the common law crime of obstructing or defeating the course of justice as currently applied in South African law, is considered critically. The purpose of the study is to determine whether the ambit of the crime should be extended to target all conduct which undermines the proper administration of justice in South Africa. The interests protected by the crime are investigated, and those important constitutional values which underpin the crime, are identified. These values are: (i) constitutional supremacy (ii) the rule of law (iii) the doctrine of separation of powers, and (iv) the independence of the courts. In a post-constitutional era, the question raised is whether the crime as developed in the common law adequately protects these important democratic values. The historical background and development of the offence are discussed. This is followed by a comparative legal study which considers the existence and ambit of the offence in certain foreign jurisdictions. The foreign legal systems considered are England, Australia, Canada and the United States of America. The study reveals that the crime has been codified in most of these jurisdictions. Codification was driven by the need for legal certainty and compliance with constitutional imperatives. The study concludes that similar reform is necessary in South African criminal law. It is recommended that the common law offence of obstructing or defeating the course of justice be repealed and replaced with a comprehensive statutory offence which criminalises all manifestations of conduct which are intended to defeat or obstruct the proper administration of justice. The proposals are based upon the identified constitutional imperatives which underpin the crime. It is argued that the legislature is the proper institution to initiate reform in this regard. Detailed recommendations are made, which include draft legislation. / Law / LL.D.