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Die strafregtelike aanspreeklikheid van en straftoemeting aan regspersone / deur Pieter Gerhardus du ToitDu Toit, Pieter Gerhardus January 2010 (has links)
Modern juristic persons often are powerful entities and they play an influential role in society. Their activities are often accompanied by serious transgressions that have a severely detrimental impact on human beings and their environment. The effective prosecution of juristic persons is therefore necessary. The juridical foundations of the liability of juristic persons are, however, one of the most controversial issues in criminal law theory.
Individualistic theories postulate that juristic persons are merely collections of individuals. The conduct and fault of individuals constituting a juristic person must therefore form the basis of the criminal liability of the juristic person. In the United States, for instance, the foundation for the criminal liability of corporations on federal level is vicarious liability. Another individualistic model (mostly associated with English common law jurisdictions) is the so–called doctrine of identification. Only the conduct of individuals who are regarded as the 'directing minds' of the organisation may be attributed to the organisation. These approaches deny the complex structures and decision making processes that exist especially in big corporate entities.
According to realistic theories juristic persons are entities which are not dependant on their composite members. Each juristic person has its own unique personality. The culture and ethos of a juristic person influence the conduct of individuals attached to it as well as the degree in which the juristic person abides by the law. The identity of a corporation can be established by investigating the internal structure thereof. The existence of monitoring mechanisms and educational programmes within the organization, as well as the degree to which the organisation condones or disapproves of unlawful conduct, are some of the factors which may be indicative of the corporate culture. This approach is a development of the late twentieth century and has recently been adopted in the legislation of some foreign legal systems, most notably Australia.
Section 332(1) of the Criminal Procedure Act 51 of 1977 provides the basis for the criminal liability of juristic persons in South Africa. In essence the conduct and fault of functionaries (and sometimes even outsiders) are attributed to the juristic person. In terms of the provisions of the Criminal Procedure Act juristic persons may only be fined upon conviction. This approach reflects the individualistic view of corporate criminal liability. In this study recommendations are made for the purpose of improving the South African law in this regard so as to reflect a more realistic approach. The recommendations are based on an examination of realistic models proposed by legal and social theorists and legislation adopted by foreign countries which are based on these theories. It is also recommended that more sentencing options must be made available to bring about the restructuring of corporations which have committed crimes. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2010.
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Die strafregtelike aanspreeklikheid van en straftoemeting aan regspersone / deur Pieter Gerhardus du ToitDu Toit, Pieter Gerhardus January 2010 (has links)
Modern juristic persons often are powerful entities and they play an influential role in society. Their activities are often accompanied by serious transgressions that have a severely detrimental impact on human beings and their environment. The effective prosecution of juristic persons is therefore necessary. The juridical foundations of the liability of juristic persons are, however, one of the most controversial issues in criminal law theory.
Individualistic theories postulate that juristic persons are merely collections of individuals. The conduct and fault of individuals constituting a juristic person must therefore form the basis of the criminal liability of the juristic person. In the United States, for instance, the foundation for the criminal liability of corporations on federal level is vicarious liability. Another individualistic model (mostly associated with English common law jurisdictions) is the so–called doctrine of identification. Only the conduct of individuals who are regarded as the 'directing minds' of the organisation may be attributed to the organisation. These approaches deny the complex structures and decision making processes that exist especially in big corporate entities.
According to realistic theories juristic persons are entities which are not dependant on their composite members. Each juristic person has its own unique personality. The culture and ethos of a juristic person influence the conduct of individuals attached to it as well as the degree in which the juristic person abides by the law. The identity of a corporation can be established by investigating the internal structure thereof. The existence of monitoring mechanisms and educational programmes within the organization, as well as the degree to which the organisation condones or disapproves of unlawful conduct, are some of the factors which may be indicative of the corporate culture. This approach is a development of the late twentieth century and has recently been adopted in the legislation of some foreign legal systems, most notably Australia.
Section 332(1) of the Criminal Procedure Act 51 of 1977 provides the basis for the criminal liability of juristic persons in South Africa. In essence the conduct and fault of functionaries (and sometimes even outsiders) are attributed to the juristic person. In terms of the provisions of the Criminal Procedure Act juristic persons may only be fined upon conviction. This approach reflects the individualistic view of corporate criminal liability. In this study recommendations are made for the purpose of improving the South African law in this regard so as to reflect a more realistic approach. The recommendations are based on an examination of realistic models proposed by legal and social theorists and legislation adopted by foreign countries which are based on these theories. It is also recommended that more sentencing options must be made available to bring about the restructuring of corporations which have committed crimes. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2010.
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Die beeld van NG Welsyn onder NG lidmate in die sinodale gebied Wes-Transvaal / E. M. KloppersKloppers, Elizabeth Maria January 2005 (has links)
Every organization has a corporate image (beyond its control) which is mainly formed by its
corporate identity (which it can control). This means that organizations have to manage their
images. A positive image is particularly important for non-profit organizations, since these
organizations depend on the goodwill of their publics for their existence.
NG Welsyn is a well known welfare organization, famous for its bond with the Dutch
Reformed church. Its two main sources of income, namely the state and members of the
church have different opinions about the spending of funds. The state expects NG Welsyn to
play a role in transformation, while members of the church want their needs to be catered for
first. This, along with the decrease in funds from church members forced NG Welsyn to
research its image among Dutch Reformed church members.
In order to determine the image of NG Welsyn, an external public relations audit was formed
through the use of questionnaires, focus groups and semi-structured interviews.
Theoretical knowledge with regard to corporate image and identity as well as attitude
formation was used as theoretical framework within the context of strategic communication
management by non-profit organizations. The attitudes of church members on the elements
of corporate identity were researched to determine the organization's image.
The results show that the church members don't have a positive or negative image of NG
Welsyn, since they don't have enough information about the organization. There is currently
no relationship between the two parties. The main conclusion is that NG Welsyn can
improve its image by the strategic management of communication with important publics. / Thesis (M.A. (Communication Studies))--North-West University, Potchefstroom Campus, 2005.
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Die beeld van NG Welsyn onder NG lidmate in die sinodale gebied Wes-Transvaal / E. M. KloppersKloppers, Elizabeth Maria January 2005 (has links)
Every organization has a corporate image (beyond its control) which is mainly formed by its
corporate identity (which it can control). This means that organizations have to manage their
images. A positive image is particularly important for non-profit organizations, since these
organizations depend on the goodwill of their publics for their existence.
NG Welsyn is a well known welfare organization, famous for its bond with the Dutch
Reformed church. Its two main sources of income, namely the state and members of the
church have different opinions about the spending of funds. The state expects NG Welsyn to
play a role in transformation, while members of the church want their needs to be catered for
first. This, along with the decrease in funds from church members forced NG Welsyn to
research its image among Dutch Reformed church members.
In order to determine the image of NG Welsyn, an external public relations audit was formed
through the use of questionnaires, focus groups and semi-structured interviews.
Theoretical knowledge with regard to corporate image and identity as well as attitude
formation was used as theoretical framework within the context of strategic communication
management by non-profit organizations. The attitudes of church members on the elements
of corporate identity were researched to determine the organization's image.
The results show that the church members don't have a positive or negative image of NG
Welsyn, since they don't have enough information about the organization. There is currently
no relationship between the two parties. The main conclusion is that NG Welsyn can
improve its image by the strategic management of communication with important publics. / Thesis (M.A. (Communication Studies))--North-West University, Potchefstroom Campus, 2005.
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An exploration of the use of marketing public relations at the Apartheid Museum in Johannesburg, South AfricaBakre, Opeyemi Habeeb 12 1900 (has links)
Text in English with abstracts in English and Afrikaans / Cultural tourism is one of the growth areas of the tourism industry globally. Cultural tourism refers to visits motivated by cultural offerings. Cultural offerings include museums, castles, cultural landscapes and historical sites. The Apartheid Museum is a non-profit organisation, which relies on generosity of government, private organisations and sales of gate tickets. It thus relies on building and sustaining a long-term mutual relationship with its visitors to earn their loyalty and support. Marketing public relations is a concept, which has been explored in commercial contexts by numerous studies. However, there is still limited literature on the adoption and the use of marketing public relations in the context of a non-profit organisation such as a museum. The aim of this study was to explore the use of marketing public relations at the Apartheid Museum in Johannesburg, South Africa. In order to explore the use of marketing public relations at the museum, a survey involving 384 visitors and in-depth interviews with six marketing staff members were conducted. The data from the questionnaire were analysed using the SPSS software. The data collected from the in-depth interviews were analysed using thematic analysis. The study revealed that the museum does not deploy marketing public relations tools in an integrated manner. Its significance resides in that it provides marketing public relation guidelines to organisations like the Apartheid Museum for purposes of building long term and meaningful relations with their customer stakeholders. / Kulturele toerisme neem wêreldwyd snel toe. Kuturele toerisme verwys na “besoeke gemotiveer deur kulturele aanbiedings”. Dit sluit besoeke aan museums, kastele, kulturele landskappe en historiese terreine in. Die Apartheid-museum is ’n organisasie sonder winsbejag wat op die vrygewendheid van die regering en private instansies asook kaartjieverkope by die toegangshek staatmaak. Dit reken dus op die aanknoop en instandhouding van langtermynverhoudings met sy besoekers om hulle lojaliteit en ondersteuning te verseker. Openbare betrekkinge-bemarking is ’n konsep wat in kommersiële konteks deur verskeie studies ondersoek is. Daar is egter nog min literatuur oor die aanvaarding en gebruikmaking hiervan in die konteks van ’n organisasie sonder winsbejag soos ’n museum beskikbaar. Die doel van hierdie studie was om die gebruike van openbare betrekkinge-bemarking by die Apartheidsmuseum in Johannesburg, Suid-Afrika te ondersoek. Om hierdie doel te bereik is ’n vraelys deur 384 besoekers voltooi en indiepte onderhoude met ses skakelbeamptes op die personeel gevoer. Die data van die vraelys is met behulp van SPSS-sagteware deur die gebruik van tematiese analise geëvalueer. Hierdie studie het getoon dat die museum nie op ’n geïntegreerde manier die bemarkingsgeleenthede vir openbare betrekkinge benut nie. Die belangrikheid van hierdie studie is geleë in die feit dat dit riglyne aan organisasies soos die Apartheidsmuseum voorsien met die doel om langtermyn- en betekenisvolle verhoudings met hulle kliëntedeelhebbers op te bou. / Communication Science / M.A. (Communication)
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A visual semiotic analysis of the hidden meanings, myths and ideologies in Old Mutual South Africa's CSR 2.0 corporate advertisingEiman, Simoné Marianne 05 1900 (has links)
Abstracts in English and Afrikaans / The aim of this exploratory study was to investigate the underlying meanings of Old Mutual South Africa’s (OMSA’s) CSR 2.0 corporate advertisements. It specifically examined the underlying myths and ideologies conveyed through the texts. This qualitative study was conducted by means of a visual semiotic analysis (Machin 2012) on eight CSR 2.0 corporate advertisements, which were purposively selected. A theoretical framework to measure visual CSR 2.0 corporate advertisements was developed, which aided in the sampling, data analysis and interpretation processes.
The findings of the study indicated that by positioning its CSR 2.0 positively in terms of change and transformation, progress and equal opportunities for all citizens, OMSA is fostering stakeholder-organisation relationships. In addition, it was also found that OMSA adopts established representational tropes of CSR 2.0 and use them repetitively that firmly entrenches the intended/encoded message to the viewer. / Die doel van hierdie verkennende studie was om die onderliggende betekenis van CSR 2.0 korporatiewe advertensies in Ou Mutual Suid-Afrika te ondersoek. Dit is spesifiek gemoeid met die onderliggende mites en ideologieë wat deur middel van die tekste oorgedra word. Die kwalitatiewe studie is uitgevoer deur middel van 'n visuele semiotiese ontleding (Machin 2012) op agt CSR 2.0 korporatiewe advertensies, wat doelbewus gekies is. 'n Teoretiese raamwerk, om visuele CSR 2.0 korporatiewe advertensies te meet, is ontwikkel, dit het bygedra tot die steekproefneming, data-analise en interpretasie prosesse. Die bevindinge van die studie dui daarop dat deur CSR 2.0 positief in terme van verandering en transformasie, vooruitgang, en gelyke geleenthede vir alle burgers te posisioneer, OMSA verhoudings met belanghebbendes kan bevorder. Daarbenewens is ook gevind dat OMSA gevestigde temas van CSR 2.0 implementeer en hulle herhaaldelik gebruik wat juis die beoogde / gekodeerde boodskap stewig aan die kyker bevestig. / Communication Science / M. A. (Communication Science)
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