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Efficacy of plain language drafting in labour legislationAbrahams, Eloise January 2003 (has links)
Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003 / The framework of the employment relationship is regulated by labour
legislation. The relationship is known as the tripartite relationship, it is made up
of the employer, employees normally represented by the union and the state.
The state is responsible for the statutory and legislative framework within which
this relationship is conducted.Legislation has been traditionally written in such a manner that only a selected
group could understand and interpret it. The new dispensation in South Africa
necessitated a move from the traditional manner in which legislation has been
drafted to a more open and transparent format, which the general public can
understand and comprehend.
Plain language drafting that has been in use for the past 28 years
intemationally is a method of drafting legislation which focuses on the reader or
end-user.This study investigated the impact on comprehension and understanding levels
of subjects when presented with a format of labour legislation that was
redrafted using the guidelines of plain language drafting as opposed to the
current format of the legislation.The research hypothesis was "Legislation will be more easily understood if
redrafted in terms of plain language principles."An extensive literature review on plain language drafting, plain language
principles and on mass communication was undertaken. The focal area in the
literature review dealt with research that has been conducted on plain language
drafting in labour legislation and on the theory of drafting and plain language.The empirical study was conducted at a model C type, senior secondary school
in the Westem Cape with English speaking grade 11 students. The study
tested the comprehension and understanding levels of the respondents 'In an
experimental and control group environment. The experimental group receivedthe redrafted format of the legislation and the control group received the current
format of the legislation.The results of the empirical study, conclusively demonstrated that the
respondents in the experimental group who received the redrafted fonnat of the
legislation, far exceeded the performance of the results that were achieved by
the control group who received the current format of the legislation. The test
results were exposed to various statistical measures to validate the research
hypothesis. The findings of the statistical measures supported the research
hypothesis.The findings of the empirical study concurred with the literature review and the
research hypothesis; that when plain language drafting principles are applied to
legislation, the reader more easily understands it.In conclusion the statistical tests have conclusively proved that, overall, plain
language does improve comprehension of the legislation.
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An investigation of the consumer protection Act (2008) and plain language application at selected businesses in the Port Elizabeth metropoleVan Jaarsveld, Roslynn January 2015 (has links)
Businesses communicate a wide variety of messages to diverse audiences using a number of different communication types and channels daily. For example, business communication includes business reports, documents (booklets, leaflets, and official communiqués), notices, agreements, web copy and advertisements that are produced continually to address a variety of business communication needs for a variety of audiences. Although written business communication has a significant impact on customer satisfaction and consumer attitude which, in turn, affects consumer behaviour positively or negatively, there is a lack of research investigating the knowledge and application of plain language in business communication. Many studies were found to be related to communication and language, however, studies about plain language use were less prevalent. Therefore, this study aimed to investigate the awareness of the plain language regulations stipulated in the South African Consumer Protection Act (CPA) 68 of 2008 (2009). The application of these plain language principles within businesses in the Port Elizabeth Metropole, with specific reference to its use in written business communication was also investigated. The study also aimed to identify plain language best practices and constraints resulting from plain language application or non-application within the selected organisations. The research focused attention on the impact of business communication on customer satisfaction, consumer attitude and, ultimately, consumer behaviour as well as the need for plain language use in written business communication practices to ensure effective and fair (ethical) communication. A comprehensive literature review was conducted on communication, communication theory and consumer behaviour, as well as on plain language principles which might add to the effectiveness of organisations’ written business communication, to provide a theoretical foundation for the study. The study’s research methodology was approached from a phenomenological (descriptive and interpretive), and somewhat positivistic perspective, utilising qualitative and limited quantitative measures to obtain data. For this reason, three managers from three respective organisations within the Port Elizabeth Metropole were interviewed and asked to complete a rating-scale survey to obtain insight on the written business communication practices of these organisations. A content analysis of documents supplied by the participating organisations were also reviewed to provide commentary on the plain language application in each organisation. Furthermore, Section 2 of the South African CPA 68 of 2008 (2009) was also reviewed to measure and comment on the application of plain language in these organisations. Based on the data analysis, it was evident that organisations in the Port Elizabeth Metropole were aware of plain language and the plain language regulations stipulated in the South African CPA 68 of 2008 (2009), but that they were not certain what the regulations entailed exactly. Furthermore, plain language principles were applied in the participating organisations, however, complications and areas for possible improvement were identified in the data. From the study’s findings, various recommendations were made that could assist the organisations to improve their organisations’ plain language application. These recommendations included, for example, appointing plain language champions to monitor plain language application in the organisation, as well as assessing language competence of staff and training them to improve their language competencies. Recommendations for future research suggested that future studies needed to include a larger research sample, a more diverse sample population to include consumers and a broader industrial demographic. In addition, future studies could attempt to investigate communication barriers that inhibit or challenge comprehension in consumer communication.
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The undefined role of court interpreters in South AfricaLebese, Samuel Joseph 2013 October 1900 (has links)
In South Africa there is no legislation defining the role of court interpreters. This has resulted in legal officials (magistrates and judges) forming their own opinions as to what the role of court interpreters is. As such court interpreters find themselves performing tasks that are outside their scope of duties, for example acting as magistrates, in turn compromising their own tasks in the process. The aim of this study therefore is to determine the degree to which the lack of a definition of the role of court interpreters affects the quality of court interpreting. In the study, the researcher was guided by the Descriptive Translation Studies (DTS) approach. The research procedures that were followed in the study combined the top-down and bottom-up approaches. In the top-down approach, two legislations, namely, “The Magistrates’ Court Act 44 of 1944 (as amended)” and “The Constitution of the Republic of South Africa, Act 93 of 1996 (as amended)”, were examined in order to determine whether the role of court interpreters is defined and, if so, to what extent. In the bottom-up approach, examples of court proceedings were studied in order to determine specific roles that are played by court interpreters during trials. Extracts from transcripts of mechanically-recorded court proceedings were also analysed to establish whether magistrates made any references to the role of court interpreters in these trials. It is hoped that this study will shed more light on the role of court interpreters which could lead to better quality interpreting. / Linguistics / M.A. (Linguistics (Translation studies))
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Equity in the South African legal system a critical ethnographyLeiper, Jonathan January 2004 (has links)
This thesis focuses on the process of interpreting and the difficulties faced by interpreters in the Magistrates' Court in Grahamstown, South Africa. More particularly, the thesis seeks to establish whether the constitutional guarantee of language equity can be applied to the courts - given the numerous problems with interpreting. Respondents from different spheres of the legal profession were interviewed in order to ascertain their perspectives on the state of interpreting, problems that are encountered by interpreters and attitudes displayed by other members of the legal profession towards interpreters. The methodology used in the thesis is that of a critical ethnography. As such, the research also has a critical focus, seeking to determine the ideologies and interests of different ):articipants in the legal process. On the basis of the data collected, a number of conclusions are drawn. The first is that interpreting in South Africa is in trouble. The system of interpreting is beset by a number of different problems. This study describes four different types of problems that are faced by interpreters: linguistic problems, environmental problems, training and administrative issues, and poor status in the eyes of the other participants in the legal process. Together the cumulative effect of these problems is the undermining of the principle of equity in the justice system. Finally, the thesis provides various practical and achievable solutions to the problems outlined above, specifically those faced by interpreters. The researcher also critically evaluates the efforts and motives of the Department of Justice and Constitutional Development.
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The undefined role of court interpreters in South AfricaLebese, Samuel Joseph 25 October 2013 (has links)
In South Africa there is no legislation defining the role of court interpreters. This has resulted in legal officials (magistrates and judges) forming their own opinions as to what the role of court interpreters is. As such court interpreters find themselves performing tasks that are outside their scope of duties, for example acting as magistrates, in turn compromising their own tasks in the process. The aim of this study therefore is to determine the degree to which the lack of a definition of the role of court interpreters affects the quality of court interpreting. In the study, the researcher was guided by the Descriptive Translation Studies (DTS) approach. The research procedures that were followed in the study combined the top-down and bottom-up approaches. In the top-down approach, two legislations, namely, “The Magistrates’ Court Act 44 of 1944 (as amended)” and “The Constitution of the Republic of South Africa, Act 93 of 1996 (as amended)”, were examined in order to determine whether the role of court interpreters is defined and, if so, to what extent. In the bottom-up approach, examples of court proceedings were studied in order to determine specific roles that are played by court interpreters during trials. Extracts from transcripts of mechanically-recorded court proceedings were also analysed to establish whether magistrates made any references to the role of court interpreters in these trials. It is hoped that this study will shed more light on the role of court interpreters which could lead to better quality interpreting. / Linguistics and Modern Languages / M.A. (Linguistics (Translation studies))
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