The demise of apartheid and the ushering in of the New Dispensation in 1994 necessitated the dismantling of the old structures of government which divided the people along racial lines and building a united South Africa based on the principles of the new Constitution.Chapter 10 of the Constitution No. 108 of the Republic of South Africa gives guidelines and principles on how Public Administration should be governed. Section 195 provides for the basic values and principles which govern public administration. The Eastern Cape Department of Education is faced with a problem where the basic values and principles which govern public administration in schools had either not been observed or are completely compromised despite the involvement of labour unions. This is evident in the final results of matrics year after year which became a social concern and the national question. The state of affairs is not improving despite the involvement of labour unions and this prompted the National government to intervene through Section 100. This study will try to explore and mitigate this undesirable state of affairs. The involvement of labour unions is a critical question as to whether their involvement enhances proper governance and policy intentions in schools which will enhance service delivery and increase performance and output results. The researcher followed a multi-method approach to benefit from the diversity of opinions and understand the problem better.

The purpose of the study is to explore past and current professional nursing organisations by means of historical inquiry and to explain the factors that influenced the development of such organisations, as well as the contribution that these organisations made to the professional development of South African nursing in the period between 1914 and 2014. The researcher conducted a literature review and collected data from archival primary and secondary sources. A priori codes provided structure and historical context, yet allowed flexibility. Philosophically critical realism guided the research and enabled the researcher to explain and critique the social world in which South African nursing organisations historically functioned and exerted their professional influence. The findings revealed that in the past one hundred years political, economic and cultural factors present in the social world influenced the nature of South Africa’s professional nursing organisations. Determined to create a female professional image, status and educational exclusivity, South African nursing leaders of the 20th century opted to establish the South African Trained Nurses’ Association (SATNA), a professional nursing association. Influential associations such as SATNA and the South African Nursing Association (SANA) guided the profession to develop a nursing culture based on philosophical and ethical principles of practice. The result was a recognised, respected and trained nursing corps. Over time, however, a social class system, religion, political ideology and nurses’ economic needs reshaped South Africa’s nursing associations and consequently the profession. By the end of the 20th century, South African nursing leaders accepted that nurses needed their socio-economic welfare to be prioritised and therefore the Democratic Nursing Organisation of South Africa (DENOSA), a professional organisation with a trade unionist stance, was established. The result was a trained, politicised, fragmented nursing corps struggling to find its collective professional voice. The greatest legacy bestowed on South African nursing by its first influential organisations is the professional associations evident today. Over time, the South African Nursing Association’s discussion groups that had been established in the 1950s to discuss nursing-related topics evolved into the specialist groups and associations that were present in 2014. / Health Studies / D. Litt et Phil.

South Africa has been experiencing a number of violent strikes by trade unions in recent times. The issue is not only to hold unions liable for damage caused during strikes, but also to reduce the number of violent strikes. This study investigates if victims of such violence can hold trade unions liable for the violent acts committed by their members during industrial action. The Labour Relations Act, 66 of 1995 (LRA) makes provision for the dismissal of employees who commit misconduct during an unprotected strike. It also provides the remedy of an interdict and a claim for just and equitable compensation which can be made against the union, during an unprotected strike. It is further possible to hold the union together with its members liable for damages in terms of the Regulation of Gatherings Act, 205 of 1993 (RGA). The study argues that a strike or conduct in furtherance of a strike that becomes violent could lose protection and the trade union should consequently be held liable, in terms of the LRA and/ or the RGA, for damages caused by its members. This study investigates the position in Canada, Botswana and Australia to determine if there could be any other basis upon which to hold trade union liable for the conduct of its members. The study recommends that the common law doctrine of vicarious liability should be developed by the courts to allow trade unions to be held liable for damages caused by members during violent industrial action. Policy considerations and changing economic conditions and the nature of strikes in the Republic favours the expansion of the doctrine of vicarious liability to trade union member relationship. / Mercantile Law / LL. D.