No abstract available / Mercantile Law / M. A. (Mercantile Law)

No abstract available / Mercantile Law / LL. B.

This study investigates the concessioning of the commuter rail subsystem, which was discussed in the White Paper on National Transport Policy. The theoretical divide between private and public sector enterprise is investigated in terms of a principal-agent approach. The hypothesis underlying the fundamental shift of services traditionally provided by government enterprise to the private sector is X-efficiency gains under a concession regime. There are, however, potential challenges under a concession regime that must be anticipated. Challenges are identified in terms of an incomplete contract approach with its underpinning source manifested in a bounded rationality concept. The study investigates how rail concessionaires are regulated under a concession regime from an economics perspective and various price mechanisms are explored. The study provides strategies to deal with challenges under a rail concession regime with a view to minimising conflicts that will arise between the parties involved in a concession agreement. / Transport, Logistics & Tourism / M.Comm.(Transport Economics)

This study investigates the concessioning of the commuter rail subsystem, which was discussed in the White Paper on National Transport Policy. The theoretical divide between private and public sector enterprise is investigated in terms of a principal-agent approach. The hypothesis underlying the fundamental shift of services traditionally provided by government enterprise to the private sector is X-efficiency gains under a concession regime. There are, however, potential challenges under a concession regime that must be anticipated. Challenges are identified in terms of an incomplete contract approach with its underpinning source manifested in a bounded rationality concept. The study investigates how rail concessionaires are regulated under a concession regime from an economics perspective and various price mechanisms are explored. The study provides strategies to deal with challenges under a rail concession regime with a view to minimising conflicts that will arise between the parties involved in a concession agreement. / Transport, Logistics and Tourism / M.Comm.(Transport Economics)

Abalone poaching is a major problem in South Africa. The South African abalone, Haliotis midae, rates as an extreme example of high levels of illegal harvesting. The research aimed at examining the role of the different role players in preventing poaching of the species in the East London area of the Eastern Cape Province of South Africa and determining the challenges the officers faced as there was an increase in poaching in the area. To achieve this aim, the research techniques including questionnaires, interviews and focus groups were used. Fisheries compliance and enforcement faces challenges of the illegal harvesting of abalone since 1994. In the past 18 years (1994-2012), and more specifically in the past nine years (2004-2012), poaching of abalone has increased at an alarming rate along the East London coastline. The failure of the state to issue fishing rights and conduct effective sea-based compliance, combined with the incentives to fish abalone created the conditions for rapid emergence of illegal harvesting. The uncontrolled fishing had a dramatic effect on the stock, and the average size of abalone decreased significantly. The Eastern Cape Province abalone cultivation industries were developed due to the decline in harvesting of abalone. Government departments such as the Department of Agriculture, Forestry and Fisheries; the Department of Economic Development, Environmental Affairs and Tourism; the South African Police Services together with the Eastern Cape Parks and Tourism Agency have conducted joint operations to combat the illegal harvesting of abalone. These operations have led to many arrests of abalone poachers along the East London coastline. The quantity of confiscated abalone has increased from 2007 to 2011. The positive results achieved by the departments during joint operations showcase robust efforts to eradicate the environmental transgression in the East London Coastline. Joint operations are encouraged by all the departments to save the species for future generations. Workshops involving different stakeholders had to take place and the policies in place must have a bottom-up approach where communities are involved.

Thesis (MSc)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: Water resources in South Africa are limited and groundwater plays an important role in supporting basic human needs, sustaining ecosystems and enabling industrial and agricultural development. Sound management practices are necessary to ensure sustainable development of water resources. All groundwater usage must be licensed in compliance with the National Water Act of 1998. A Spatial Decision Support System (SDSS) can be used to assist in the groundwater usage licensing process of the Department of Water Affairs and Forestry (DWAF). The main aim of this study was to develop a SDSS, named Groundwater Abstraction & Licence Evaluation Tool (GALET), that could assist in the process of allocating water use licences and determining the local impact of abstraction, based on existing theory and data. The development was done within ArcView 3.2 using the scripting language Avenue. The Sandveld, an arid stretch of land along the west coast of South Africa that is heavily impacted by groundwater abstraction, was the chosen study area. The data collected for this study included existing borehole, recharge, rainfall and geological information. GALET proved to be capable of calculating essential information needed to evaluate groundwater abstraction, which included drawdown in the water table, zone of influence and the possible effects on features such as rivers and wetlands. Targeted potential users regarded GALET as a useful tool in the process of licensing and groundwater abstraction impact assessment and plans are under way to implement GALET or a derivative thereof at the DWAF regional offices. / AFRIKAANSE OPSOMMING: Waterhulpbronne in Suid-Afrika is beperk en grondwater speel 'n belangrike rol in die ondersteuning van basiese menslike behoeftes, volhouding van ekosisteme asook industriële en landbou-ontwikkeling. Betroubare bestuurspraktyke is noodsaaklik om die volhoubare ontwikkeling van waterhulpbronne te verseker. Alle grondwatergebruik moet volgens die Nasionale Waterwet van 1998 gelisensieer word. 'n Ruimtelike Besluitnemings Ondersteuning Stelsel (RBOS) kan as 'n hulpmiddel gebruik word in die lisensiëringsproses van die Departement van Waterwese en Bosbou. Die hoofdoel van hierdie studie was om 'n RBOS, genoem Groundwater Abstraction & Licence Evaluation Tool (GALET), te ontwikkel wat as hulpmiddel gebruik kan word in die allokeringsproses van watergebruiklisensies en die bepaling van die impak van grondwateronttrekking op die omgewing, gebaseer op bestaande teorie en data. Die ontwikkeling is in ArcView 3.2 met die programmeringstaal Avenue gedoen. Die Sandveld, 'n ariede streek aan die weskus van Suid-Afrika wat onderhewig is aan grootskaalse grondwateronttrekking, is gekies as die studie area. Die data wat vir hierdie studie ingesamel is sluit bestaande boorgat, grondwateraanvulling, reënval en geologiese inligting in. GALET was in staat om belangrike inligting aangaande die evaluering van grondwateronttrekking te bereken, o.a. die daling van die grondwatervlak, die impaksone en die moontlike effekte op landvorms soos riviere en vleilande. Die teikengroep potensiële gebruikers het GALET as 'n nuttige hulpmiddel in die proses van lisensiëring en grondwateronttrekking impakbepaling beskou en planne is onderweg om dit of 'n aangepaste program by die streekskantore van die Departement van Waterwese en Bosbou te implementeer.

This study investigated the development and implementation of methods and procedures as generic administrative function, with specific reference to issuing drivers licences in the Driving Licence Testing Centre of the Madibeng Municipality. The contribution of the study to the discipline, Public Administration, is found in the basic framework for the development of standard operating procedures. Furthermore, a set of standard operating procedures to issue drivers licences was developed. In essence, the systems theory inspired the design of the basic framework for the development of standard operating procedures, while the phases of the ADDIE instructional design model simplified the drafting of the standardised procedures to issue drivers licences. Although the empirical data collection commenced with a quantitative research methodology, a qualitative dimension was required to fully understand the problem why the Driving Licence Testing Centre at the Madibeng Municipality lacks contemporary and relevant standard operating procedures to issue drivers licences. A mixed methods research design was eventually adopted to explore the phenomenon because a second research method was needed to strengthen the primary research method. Data was initially collected through a questionnaire, and follow-up personal interviews were conducted to clarify issues that were not responded to or unclear from the self-administered questionnaires. This conforms to pragmatism - the research philosophy adopted for this study because predetermined research questions dictated the path towards realising the research objectives. Since this study utilised a mixture of qualitative and quantitative research designs, the research methodology was shaped by various strategies, techniques and data collection instruments, such as literature reviews, document analyses to draft the standardised procedures, case study (Driving Licence Testing Centre of the Madibeng Municipality), a structured questionnaire and semi-structured personal interviews. In this study, the administrative generic function of determining and revision of methods and procedures was referred to as ‘methods and procedures’. Within the context of Public Administration, the study revealed that methods and procedures specify the sequence, processes and techniques necessary to execute certain actions and operations during service delivery. Moreover, it states how tasks must be exercised within the public sector, as well as indicate who must take action. Consequently, methods and procedures are built into all public service activities, regardless whether these are administrative, functional or auxiliary activities. It was concluded that methods and procedures form an indispensable part of any public institution’s activities. However, the study focused on methods and procedures to issue drivers licences at the Driving Licence Testing Centre of the Madibeng Municipality. The study realised its overall aim when recommendations were made to the Driving Licence Testing Centre of the Madibeng Municipality of how to develop and implement standard operating procedures to issue drivers licences. In essence, it was recommended that the basic framework for the development of standard operating procedures be applied when updating and/or developing methods and procedures. Moreover, it was recommended that the set of newly developed standard operating procedures be adopted and implemented. It was also suggested, amongst other proposals, that the management and the staff at the Centre engage from the initial stages in the procedure development process, that clear steps and instructions of how to reach organisational short-term objectives, be specified, and caution be taken by the Madibeng Municipality against the implementation of an overly multifaceted internal control system at its Driving Licence Testing Centre. / Department of Public Administration and Management / D.Admin. (Public Administration)

With the exception of horse racing, any form of gambling was criminalised in South Africa until the dawn of constitutional democracy in 1994. In the same year, the Lotteries and Gambling Board Act, 1993, came into force decriminalising, amongst others, casinos and gambling games within the Republic. This Act has since been repealed and gambling is governed by the National Gambling Act, 2004, as well as by provincial gambling laws. Interactive / online gambling is illegal pending authorisation by a national legislation. Such legislation, the National Gambling Amendment Act, 2008, seeking to regulate interactive gambling awaits proclamation of the date of its commencement by the President. The National Gambling Policy, 2016, dashes any hope of regulation of interactive gambling, however, as it seeks to embargo the introduction of (new) forms of gambling, including but not limited to interactive gambling. The scourge of problem gambling and the protection of traditional forms of gambling, that is, casinos, are the main reasons for advocating for the continued prohibition of interactive gambling. Problem gambling is not unique to interactive gambling, but affects all modes of gambling. South Africa is among countries with a high rate of problem gambling. It is feared that interactive gambling will exacerbate the scourge of problem gambling as gamblers with access to the internet will now have unlimited gambling opportunities around the clock. On the other hand, interactive gambling offers practical solutions to the implementation of harm minimisation strategies to deal with problem gambling such as limitations on gambling deposits, losses and time. Prohibition of interactive gambling is difficult to enforce and deprives the country of an opportunity to control, through licensing, this mode of gambling and possible benefit from taxation and licensing fees. It further exposes gamblers – who despite prohibition choose this mode of gambling – to unregulated and illegal gambling websites. This thesis attempts to provide safeguards for regulation of interactive gambling and to embrace the benefits of the technological development that makes interactive gambling a reality. The United Kingdom (UK) is a prime example of a country that has successfully legalised and licensed interactive gambling in its jurisdiction. / Criminal and Procedural Law / LL. D.

This research is presented in three sections. Section 1 presents the research report in an Academic Paper format. Section 2 provides a comprehensive literature review and Section 3 describes the research methodology and methods employed. Sustainable management of natural resources is a global imperative. It is particularly significant in a country like South Africa that is blessed with an abundance of biological diversity but faces many socio economic challenges that are associated with developing nations. Toward addressing these issues, diver permit fees were implemented in South Africa in 2005, making it a legal requirement for all scuba divers undertaking a dive in a Marine Protected Area (MPA) to purchase a permit. This pilot study is the first attempt since the inception of the dive permit fees to determine their impact on the demand for diving and the diving industry in the Aliwal Shoal MPA, one of the premier dive destinations in the country. In order to address key questions, qualitative data was gathered during interviews with 12 dive operators active in the MPA and 28 divers that utilised the operators to dive. In addition, independent quantitative data on the number of dive boat launches during the past 20 years was used in conjunction with mean paying diver data obtained from the operators to ascertain the demand for diving at the Aliwal Shoal during the past two decades. Results indicate that were no significant differences (at the 5% level of significance) between paying divers during 2005 compared to 2004 and 2006 [H =.1923366, N= 36, p =0.9083]. Paying diver data for the period 2000 - 2004 were compared to 2005 - 2010 and no significant differences were found at the 5% level of significance (U= 2040, Npost = 72, Npre= 60, p = 0.584981). Diver interviews revealed that only 36% of divers had paid for a permit, representing a loss of R7 438 499 during the past five years, enough to support the current budget of the MPA for 10.6 years. Operator interviews revealed that alternative destinations, economic climate and local competition had the most impact on their businesses, with permit fees having no impact on the 50% of the operators’ businesses. Operators also reported that there was little or no enforcement of the permit fees, 9 of the operators indicated that there has been no improvement in the MPA or its management since the inception of the fees and all were dissatisfied with the current management MPA. Operators and divers complained about the current purchasing and handling practices associated with the permits. Despite offering a world class diving opportunity, the dive operators currently have no incentive to enforce the permit system and due to price pressure in the local market, and have adopted a mute stance on diver permits. Consequently, there has been no significant impact on the demand for diving since the inception of the permits in 2005. The initial hypothesis that the increased costs to divers as a result of the permits would drive down the demand for diving is therefore rejected. If the permits are more strictly enforced, it is likely that more divers may seek alternative destinations due to the perception of poor value as a result of the Sappi Saiccor effluent discharge, existence of shark nets and poor management, in accordance with existing literature. The resultant decrease in demand will be detrimental to the diving industry at Aliwal Shoal. The second hypothesis, that the costs associated with the better enforcement of the MPA regulations-in terms of impacts on the diving industry- might outweigh the benefits, is therefore accepted. All the results produced by this study suggest that authorities may have been too enthusiastic to have all the boxes ticked in order to meet deadlines for international targets for marine conservation and paid little or no attention to lessons learnt from MPAs globally. Every negative aspect highlighted by existing international literature as symptomatic of MPA failure is occurring at Aliwal Shoal MPA, albatrossing it with “paper park” status. Due to the size and scope of this study, the results should be interpreted with caution and not be utilised to guide policy but rather encourage further research.