The purpose of this study was to describe the experiences and perspectives of the users of the services of the Restorative Justice Centre in Pretoria. A phenomenological study was conducted to gain insight in the participants experiences and perspectives of the the services rendered. Data collection was done using indepth interviews with a sample population of girls who were victims of sexual abuse and their caregivers. The reseacher made use of Colaizze (1978) data analysis approach following the transcription of audio recorded information.The study found that first time contact can be a daunting experience for victims, which touches on complex issues like discomfort, fear, cultural barriers and timing. Generally, clients were positive about social workers who build up a meaningful relationship based on empathy and respect. However, clients were concerned about unintentional, but insensitive behaviour by practitioners. Services that recognize a client‟s culture and language, as well as context are viewed as empowering. Therefore, restorative justice interventions should be holistic and consider the context in its approaches / Health Studies / M.A. (Public Health)

Thesis (DPhil (History))—University of Stellenbosch, 2008. / This thesis presents, from the perspective of socio-environmental history, a case study in forced removals and their ramifications from 1905 to 1977. The focus area is a township called Lady Selborne in South Africa, near Pretoria, and Ga-Rankuwa, where some of those displaced were relocated. The thesis demonstrates that forced removals did not only result in people losing their historical land, properties and material possessions but also their sense of being and connectedness. The focus is thus on the changing perceptions of people in the midst of their land loss, an area of study that is generally under-examined in academia. The research provides a complex picture of the ramifications of forced removals on the former inhabitants of Lady Selborne. Lady Selborne was a “home”, a place for being human where the residents managed to engage in food production and owned properties in a multiracial area. Forced removals emanated from the National Party government’s desire to control African land ownership, and the manner in which land dispossession took place resulted in environmental injustice. This thesis applies theories of environment, power and injustice to explore how the people related to their environment and how that relationship was defined by class, gender and race. In Lady Selborne, black Africans were displaced from an area that was fertile, close to the city centre of Pretoria and relocated to infertile Ga-Rankuwa on the outskirts of the city. This resettlement resulted in many of those relocated being prevented from engaging in food production which was in turn an affront to Sotho-Tswana culture and religion with its emphasis on land as lefa: a bequest that has to feed its inhabitants. This thesis thus argues that successive governments (and many scholars) have downplayed black African environmental ethics, dismissing them as ‘superstition’. This mindset once resulted in forced removals and they in turn led blacks to disregard environmental issues. Ga-Rankuwa became degraded with litter, soil erosion and dongas, especially in the 1970’s, as people realised that there was no hope of returning to Lady Selborne. Environmental apathy emerged unconsciously as a response to forced removals. The thesis concludes by considering the idea of a ‘usable past’ and proposes that socio-environmental history can play a role in realising environmental justice.

Research report submitted to the Faculty of Humanities, University of the Witwatersrand, Johannesburg, in partial fulfillment of the requirements for the degree of Master of Arts in Political Studies. March 2015 / This paper examines race and class schisms among South African LGBTI persons using the lens of hate crimes legislation. While much praise is given to South Africa’s constitutional framework which provides for non-discrimination on the grounds of sexual orientation, LGBTI persons still face unacceptably high levels of violence and victimisation. An ongoing trend of violent murders of black lesbian women in particular has mobilised advocacy by LGBTI organisations and other civil society actors to call for hate crimes legislation. This paper takes a critical look at hate crimes legislation and the potential problems of its application in a society with gross inequality and power discrepancies. This critique has as its foundation an acknowledgement that action needs to be taken to address the scourge of violence, while at the same time understanding the intersectionality of oppression and the uneven results achieved by liberal legal reform.

The land issue is one among the many challenges faced by South Africa. In this work I look at dispossession of land in the South African context, and reflect on the biblical account of Naboth's vineyard. Naboth was dispossessed of his vineyard through the abuse of power and the lack of justice. In like manner, people of colour in South Africa were dispossessed of their land by a very powerful minority. The legal system did not protect the weak and vulnerable - hence many injustices occurred. The aim of this dissertation is to remind ourselves of land dispossession through the abuse of power and the lack of justice. Through this reminder, I encourage and challenge the church of its responsibilities in the land discussion. The church has a biblical mandate to speak out prophetically and to become proactive in correcting the injustices of the past. Through the church responding in this manner, it will directly assist in poverty alleviation and will drive toward an improved quality of life for all human beings. / Thesis (M.Th.)-University of KwaZulu- Natal, Pietermaritzburg, 2004.

The primary purpose of this treatise is to reexamine the South African labour dispute resolution bodies to see if they live up to the legislation’s promise of promoting social justice in conciliation, arbitration and con-arb processes concluded by them. The study defines social justice and examines this term in relation to employment law. The promotion of social justice was reaffirmed by the International Labour Organisation in its 1944 Conference which was later incorporated into its Constitution. The study briefly reviews the importance of this conference of the 10 May 1944 in relation to promoting social justice. The study also examines the social justice in the context of South African employment laws by briefly analyzing each South African labour legislation and the Constitution. This analysis is based on the provisions of legislation and considers if the respective provisions promote social justice as required by the International Labour Organisation’s Constitution and later by the South African Constitution. In analyzing the Constitution, and other legislation like the; Employment Equity Act (EEA), and Labour Relations Act (LRA), the treatise examines certain cases that were determined under the legislation from social justice perspective. The Labour Relations Act 66 of 1995 represents one of the major reforms of the labour relations system in South Africa. It is guided by the Constitution in terms of promoting social justice. The LRA established the dispute resolution bodies that are mandated by the legislation to resolve labour disputes. The study examines the systems and the processes employed by these bodies mainly the Commission for Conciliation; Mediation and Arbitration (CCMA) and the Bargaining Councils to determine if these systems are promoting social justice as required by the legislation. In conducting this analysis the study considers not only the processes adopted but also the manner in which the relevant dispute resolution bodies market their services; their strategies and operational plans; and accessibility and more. The study further investigates the challenges that these bodies are faced with that have a negative impact on their responsibility to promote social justice. These challenges faced by society range from unemployment, the level of literacy and the growing inequality within South African society. They constantly pose a challenge and require these bodies to consistently devise means and strategies to overcome them. A limited comparative study is undertaken in order to determine whether South Africa can learn anything from another country. There are several countries that may have been chosen to conduct this study but the study considered the fact that it needs to look at the country without the sub-Saharan Africa. The country that shares a history similar to South Africa due to the fact that the social challenges faced by the South African society might be similar to those faced by the country chosen. In this research Namibia was chosen as a suitable country to determine whether there is something to learn from it or not. In conclusion it is submitted that South African legislation pertaining to labour dispute resolution needs to constantly evolve in order to promote social justice challenges of the time.

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.

Thesis (MTech (Business Administration))--Cape Peninsula University of Technology, 2012 / Organisational citizenship behaviour (OCB) is discretionary behaviour of employees that display altruism, courtesy, conscientiousness and loyalty towards co-workers and the organisation. OCB is important, since it promotes efficient and effective functioning of the organisation (Organ, 1988: 4). Research suggests that OCB is related to perceptions of organisational justice (OJ). OJ refers to fairness of decision making processes in the workplace, employees’ perceptions, and the influence of OJ on workplace behaviour. Perceived fairness determines the extent of employees’ OCB contributions to the organisation. OCB may be increased if employee perceptions of OJ are improved (Moorman, 1991: 845). Anecdotal evidence suggests that many workers at the research site (Company A) display negative OCB, hence identifying a need for this study. The main objective of the study was to determine employee perceptions of OJ, levels of OCB, and to test the nature of the relationship between perceptions of OJ and OCB at Company A. Employees at Company A (N=130) were surveyed regarding their perceptions of OJ and their willingness to display OCB. Cross sectional, quantitative data was collected in a paper based survey, by using existing instruments that were formulated from validated standardised questionnaires to measure OJ and OCB. Responses were analysed, and the results of the study showed that certain components of OJ are related to OCB at Company A. Understanding the effect that management practices have on perceptions of OJ will enable management at Company A to improve interaction with employees in an effort to improve employees’ perceptions of fairness. This should enhance employee/management relations, encourage more citizenship behaviour from employees, and ultimately benefit the organisation.

The thesis contributes to the search for sound anti-corruption laws and practices that are effective and fair. It argues for the respect for human rights in the crafting and implementation of anti-corruption laws as a requisite for successful control of corruption. The basis for this argument is threefold: First, human rights provide a framework for checking against abuse of state’s police power, an abuse which if allowed to take root, would make the fight against corruption lose its legitimacy in the eye of the people. Second, human rights ensure that the interest of individuals is catered for in the crafting of anti-corruption laws and practices thereby denying perpetrators of corruption legal excuses that can be exploited to delay or frustrate corruption cases in the courts of law. Third, human rights provide a useful framework for balancing competing interests in the area of corruption control – it enables society to craft measures that fulfils the public interest in the eradication of corruption while concomitantly assuring the competing public interest in the protection of individual members’ liberties – a condition that is necessary if the support of the holders of these competing interests is to be enlisted and fostered in the fight against corruption. The thesis focuses on the study of the non-conviction based assets recovery mechanism, a mechanism that allows the state to apply a procedure lacking in criminal law safeguards to address criminal behaviour. The mechanism is thus beset with avenues for abuse, which if unchecked could have debilitating effects not only to individual liberties but also to the long term legitimacy of the fight against corruption. In this regard, the thesis examines how the human rights framework has been used in Kenya and South Africa to check on the potential dangers of the non-conviction based mechanism and to provide for a proportional balance between the imperative of corruption control and the guarantee against arbitrary deprivation of property. The aim is to unravel the benefits of respecting human rights in the fight against corruption in general and in the non-conviction based assets recovery in particular. Kenya and South Africa are chosen for study because they provide two models of non-conviction based mechanisms with different levels of safeguards, for comparative consideration.

This thesis has identified and analysed the role of an NGO called Gadra Education in advancing education rights to the less advantaged people of Grahamstown in South Africa. Gadra Education’s role has been identified as twofold. Firstly as an educational NGO, Gadra Education’s initiatives directly impact on the lives of the less economically and socially privileged learners who, due to their previous learning environment in state schools, do not achieve academic results that ensure entry into tertiary level. Secondly its role is identified in its nature as an organisation that emerged due to the deficiencies in the state schooling system. It therefore stands de facto as a critical institution for critique of the state’s education system. The thesis concludes that without confronting the Department of Education or collaborating with it, Gadra Education offers a significant alternative approach which can potentially influence the state to improve the state schooling system. Its strategy of non-confrontation to the state, informal and non-corporatist is advantageous as an NGO that focuses on the actual provision of education. It focuses on instilling Ubuntu values of sharing and giving that are of critical significance in teaching and learning. The context of the thesis is located broadly within socio-economic rights and specifically on education rights. In South Africa where the state has not adequately met the educational obligations for the economically and socially less privileged citizens, the emergence of educational NGOs that focus on providing education to the poor is of vital importance. Although other NGOs that confront the state are important in pushing the state to deliver especially on school infrastructure, teacher deployment and other educational challenges, Gadra Education model ensures academic success for the learner. Lessons can be drawn from Gadra Education which can be potentially useful to state schools and other NGOs that seek to advance education rights to disadvantaged communities.

MA (Youth Development) / Institute of Gender and Youth Studies / See the attached abstract below