The purpose of this research is to explore the need for, and the legal implications of, harmonising labour laws in the Southern African Development Community (SADC). Chapter One highlights a number of factors that call for the harmonisation of labour laws in the SADC region and discusses some of the reasons why labour laws are not well developed in the region. The influence of globalisation on labour standards in southern Africa and the influence of regionalism on the harmonisation of labour laws are discussed at length. The inference that could be drawn from this discussion is that for a regionalisation process in southern Africa to be successful, there is an urgent need to harmonise the region’s labour law system. This thesis confirms that Southern Africa has many lessons to learn from the regional harmonisation of labour law in the European Economic Community and the current European Union. The implementation of international labour standards in southern Africa is investigated. The main areas examined include (1) freedom of association, (2) collective bargaining, (3) forced labour and (4) discrimination. The findings of this investigation show that there is no uniformity in the implementation of International Labour Organisation (ILO) standards in the SADC region and, therefore, it is recommended labour law should be harmonised in terms of ILO standards. In respect of the benefits to be derived from the harmonisation process, an empirical investigation was conducted in the SADC region and the following is recommended: the harmonisation of labour law in the SADC region will help with the implementation of ILO standards, protection of workers against the economic power of employers in the workplace and maintaining similar benefits for migrants in the region. / Mercantile law / LL.D.

Le financement constitue le nerf de l’activité de l’entreprise et de son développement. Dès lors, le fournisseur de concours est le partenaire privilégié à qui incombe la difficile mission de financer les entreprises, particulièrement lorsque s’ouvre une procédure. L’octroi de crédit est ainsi au cœur du droit des entreprises en difficulté. De fait, le débiteur « failli » va manquer à ses engagements et perturber l’ordre juridique. Apparaît alors le facteur risque dans l’octroi de crédit aux entreprises en difficulté. Ce risque se traduit, pour le banquier, par l’incertitude de recouvrement de sa créance ou par les vicissitudes du contrat bancaire dont la continuation ou la cession peut lui être imposée. Cependant, le risque ne doit pas justifier le refus du banquier d’accorder du crédit au débiteur défaillant. Le droit se doit d’intégrer la prise de risque dans la fourniture de crédit. Dans ce contexte, le fournisseur de concours ne se présente pas comme un créancier comme les autres. Il y a alors inégalité des créanciers en fonction de leur influence dans le sauvetage du débiteur. C’est cette hypothèse qui nous a servi de fil conducteur. La recevabilité de l’action est neutralisée et devient une technique au service d’une finalité : la sauvegarde de l’entreprise. A cet égard, le fournisseur de concours dispose d’un traitement protecteur d’une part, et demeure exposé aux règles de la procédure d’autre part. Le pendant de la protection est par conséquent son incontournable exposition par le maintien de sa responsabilité. / Financing is the nerve of the firm’s activity and its development. From then on, the financial assistance provider is the privileged partner who has the difficult mission of financing firm’s activities, particularly when a bankruptcy procedure is opened. So, crediting is the heart of bankruptcy law. De facto, the insolvent debtor will miss in his commitments and will disrupt the legal order. So appears the financial assistance provided to ailing firm’s risk. This risk is translated, for the banker, by the uncertainty of recovering of its debt or by the vicissitude of the banking contract which continuation or transfer can be imposed. However, the risk does not have to justify the banker to refuse granting credit to the failing debtor. Legal system has to consider risk-taking into the supply of credit. In this context, the financial assistance provider does not appear as other creditors. Then there is disparity of creditors according to their influence in the rescue of the debtor. It is this hypothesis that led our work. The admissibility of the action is neutralized and becomes a technique in the service of a purpose: the saving of the firm. In this respect, the financial assistance provider has a best treatment, on one hand, and he still being exposed to bankruptcy rules, on the other hand. The result of this best treatment is consequently he’s main exposure to the implementation of its liability.

The purpose of this research was to analyse the impact of forced migration on women and development in northern Uganda. The armed conflict in northern Uganda, which started in 1986, led to gross violations of human rights against women forcing them to flee their homes and ftnd refuge in overcrowded resettlement camps. The main objective of the study was to critically analyse the causes of displacement and the experiences of internally displaced women so as to contribute to available knowledge on women and development Qualitative and feminist research techniques were carried out in Erute Camp located in Lira Municipality among intemally displaced women, using observation and interviews. The findings reveal that forced migration was caused by the armed conflict between the LRA rebels and the government solders. The conflict destroyed in:frastructw·e and socio-economic service delivery systems. This consequently par·alysed the northern Uganda's development as many civilians were forced to abandon their homesteads due to traumatic experiences of killings, torture and abductions. This resulted in human disintegration and the collapse of economic and social development in the region that was based on agriculture. The prolonged insecurity disrupted education, health, communication and commercial activities resulting in absolute poverty and underdevelopment Despite effo11s by government and some humanitarian agencies to provide the needs of the affected civilians, peace and reconciliation seems to be hard to achieve. Insecurity continues to spread making normal life, relief and economic activities impossible. Due to lack of effective implementation, coordination and monitoring of programmes, the situation poses great challenges to government and international h\Unanitarian agencies present such as: WFP, UNHCR, WHO, World Bank and others. Therefore, forced migration has a significant impact on women's social, economic, cultural and environmental development. However, a positive impact regar·ding women's empowe1ment and gender equality due to changed roles was eminent. I conclude by recommending that the stakeholders need to increase the capacity to restore peace. There is need to coordinate the development projects and programmes through increased flexibility and transparency. However, the need to involve women in the reconciliation and reconstruction processes to restore peace in northern Uganda is vital / Development Studies / D. Litt. et Phil.

The purpose of this research is to explore the need for, and the legal implications of, harmonising labour laws in the Southern African Development Community (SADC). Chapter One highlights a number of factors that call for the harmonisation of labour laws in the SADC region and discusses some of the reasons why labour laws are not well developed in the region. The influence of globalisation on labour standards in southern Africa and the influence of regionalism on the harmonisation of labour laws are discussed at length. The inference that could be drawn from this discussion is that for a regionalisation process in southern Africa to be successful, there is an urgent need to harmonise the region’s labour law system. This thesis confirms that Southern Africa has many lessons to learn from the regional harmonisation of labour law in the European Economic Community and the current European Union. The implementation of international labour standards in southern Africa is investigated. The main areas examined include (1) freedom of association, (2) collective bargaining, (3) forced labour and (4) discrimination. The findings of this investigation show that there is no uniformity in the implementation of International Labour Organisation (ILO) standards in the SADC region and, therefore, it is recommended labour law should be harmonised in terms of ILO standards. In respect of the benefits to be derived from the harmonisation process, an empirical investigation was conducted in the SADC region and the following is recommended: the harmonisation of labour law in the SADC region will help with the implementation of ILO standards, protection of workers against the economic power of employers in the workplace and maintaining similar benefits for migrants in the region. / Mercantile law / LL. D.

The theory of stretching and compressing of short light pulses by the chirped volume Bragg gratings (CBG) is reviewed based on spectral decomposition of short pulses and on the wavelength-dependent coupled wave equations. The analytic theory of diffraction efficiency of a CBG with constant chirp and approximate theory of time delay dispersion are presented. Based on those, we performed comparison of the approximate analytic results with the exact numeric coupled-wave modeling. We also study theoretically various definitions of laser beam width in a given cross-section. Quality of the beam is characterized by the dimensionless beam propagation products (?x???_x)?? , which are different for each of the 21 definitions. We study six particular beams and introduce an axially-symmetric self-MFT (mathematical Fourier transform) function, which may be useful for the description of diffraction-quality beams. Furthermore, we discuss various saturation curves and their influence on the amplitudes of recorded gratings. Special attention is given to multiplexed volume Bragg gratings (VBG) aimed at recording of several gratings in the same volume. The best shape of a saturation curve for production of the strongest gratings is found to be the threshold-type curve. Both one-photon and two-photon absorption mechanism of recording are investigated. Finally, by means of the simulation software we investigate forced airflow cooling of a VBG heated by a laser beam. Two combinations of a setup are considered, and a number of temperature distributions and thermal deformations are obtained for different rates of airflows. Simulation results are compared to the experimental data, and show good mutual agreement.

The goal of the research was to explore the ongoing problem of Baptist Pastors leaving the ministry and to attempt to discover the impact of this problem upon Baptist Churches by means of "focus group" interviews. The dissertation links the problem with a Baptist ecclesiology and seeks to understand the Baptist belief in the autonomy of the Local Church and the praxis of accreditation for pastoral ministry, plus the existence of so-called "subterranean Pastors" which has contributed toward pastoral termination. / Practical theology / M.Th. (Practical Theology)

Total institutions' (which include prisons) unique context prescribes "confinement" of inmates. Coping mechanisms applied "outside" (especially the ability to create distance from stressful events) is thus ineffective. Another common feature is lack of privacy, which may result in "forced intimacy" - individuals being forced into a situation of physical and psychological "invasion" (beyond the norm) of their person/personal space. Victims lose control over intimate decisions, including who may and may not be intimate with them. Within prisons, gangs "force intimacy" by sexually victimizing inmates, taking advantage of the context to heighten their power, and to control inmates "under" them. Four (subjects) victims' experiences and means of adaptation/ empowerment were investigated phenomenologically. Results indicated that inadequately empowered victims suffer prolonged and repeated victimization - a continued "posttraumatic stress disorder" - which is more traumatizing and draining than one circumscribed traumatic event (due to its intensity, immobilization and resulting drastic change of "personality"). / Psychology / M.A. (Clinical Psychology)

Summaries in English and Afrikkans / The aim of this thesis is to investigate the labour law position of South African farm workers. For three and a half centuries farm workers constituted the most neglected group in the South African labour force. Consequently, an understanding of their present position can only be obtained by investigating their labour history. As in other parts of the world, farm workers in South Africa held a subordinate position to agricultural employers. Discrimination against black persons added to the inferior socio-economic and political position of South African farm workers. White farmers occupied a strong political position during most of the time under investigation, which enabled them to institute and apply discriminatory legislation and informal methods to overcome labour shortages. The freedom of movement of black people and their access to land were restricted to create a cheap immobile labour force. During the 20th century farmers prevented the inclusion of farm workers in labour legislation by exercising their political influence. Pressure by industrial trade unions and encouragement by the International Labour Organisation (ILO) resulted in the adoption of the Agricultural Labour Act which made labour legislation applicable to farm workers, but precluded them from striking and made allowance for longer working hours than for industrial workers. The new political dispensation facilitated the inclusion of farm workers in general labour legislation without any discriminatory exceptions and land reform legislation now protects farm workers against arbitrary evictions. A bill of rights furthermore guarantees the rights of farm workers which were previously violated. It would superficially seem that farm workers' problems are something of the past. Farm workers, however, remain handicapped in exercising their new rights by historical factors and circumstances peculiar to the agricultural sector. Legal comparison with Ontario and California confirms that legislation alone is insufficient to empower farm workers. It is recommended that the government amend existing legislation to accommodate the special needs of farm workers and that relevant ILO conventions, especially Convention 141 of 1975, be ratified to aid the development of unions for farm workers. This will contribute to the empowerment of and social justice for farm workers. / Die doel van hierdie tesis is om die arbeidsregtelike posisie van Suid-Afrikaanse plaaswerkers te ondersoek. Plaaswerkers was vir drie en 'n half eeue die mees afgeskeepte groep in die Suid-Afrikaanse werksmag. Om die huidige posisie van plaaswerkers te begryp is dus slegs moontlik deur 'n bestudering van die regsgeskiedenis van plaaswerkers. Soos in ander werelddele beklee plaaswerkers in Suid-Afrika 'n minderwaardige posisie teenoor landbouwerkgewers. Diskriminasie teenoor swartpersonehet bygedra tot die sosio-ekonomiese en polities minderwaardige posisie van Suid-Afrikaanse plaaswerkers. Blanke boere het gedurende die grootste deel van die tydperk onder bespreking 'n sterk politiese posisie beklee wat hulle in staat gestel het om diskriminerende wetgewing en informele metodes aan te wend om arbeidstekorte te bowe te kom. Swart persone se bewegingsvryheid en toegang tot grond is beperk om 'n goedkoop immobiele werksmag te vorm. Gedurende die 20ste eeu het boere se sterk politiese posisie hulle in staat gestel om te verhoed dat plaaswerkers by arbeidswetgewing ingesluit word. Druk deur industriele vakbonde en aanmoediging deur die Intemasionale Arbeidsorganisasie (IAO) het gelei tot die Wet op Landbou-arbeid waardeur arbeidswetgewing op plaaswerkers van toepassing gemaak is, maar wat plaaswerkers verbied het om te staak en wat voorsiening gemaak het vir langer werkure as vir industriele werkers. 'n Nuwe politieke bedeling het gelei tot die insluiting van plaaswerkers in algemene arbeidswetgewing sonder enige diskriminerende uitsonderings en grondhervormingswetgewing beskerm plaaswerkers nou teen arbitrere uitsettings. 'n Handves van menseregte waarborg verder die regte van plaaswerkers wat voorheen misken is. Oenskynlik is die probleme van plaaswerkers nou iets van die verlede. Plaaswerkers word egter steeds in die uitoefening van hulle nuwe regte gestrem deur historiese faktore en die eiesoortige omstandighede van die landbousektor. Regsvergelyking met Kalifomie en Ontario het aangetoon <lat wetgewing alleen nie voldoende is om plaaswerkers te bemagtig nie. Daar word aanbeveel dat die regering bestaande wetgewing wysig om voorsiening te maak vir die spesiale behoeftes van plaaswerkers en dat relevante IA0 konvensies, veral Konvensie 141 van 197 5 geratifiseer word om die ontwikkeling van vakbonde vir plaaswerkers te bevorder. Dit sal bydra tot die bemagtiging van en tot sosiale geregtigheid vir plaaswerkers / Law / LL.D.

Thesis (MA (Political Science. International Studies))--Stellenbosch University, 2008. / Sudan is a country that has been affected by a history of multiple destructive civil wars. Conflicts that, in a global perspective, have proven to be as devastating as interstate wars, or on occasion even more destructive, in terms of the numbers of casualties, refugee figures and the effects on a country’s society. The conflict in Darfur, in the western region of Sudan, is a civil war that illustrates one of the direst scenarios. In around five years of warfare, more than 200,000 people have died in the conflict, and around two million Darfurians were displaced, creating what the UN calls the “world’s worst humanitarian crisis.” The civil war was initiated by the attacks of two rebel groups, the Sudan Liberation Movement/Army and the Justice and Equality Movement, against government installations. Although presenting insurgency characteristics, the civil war in Darfur has been commonly labelled as a “tribal” conflict of “Africans” versus “Arabs”. An explanation that seems to fail to clarify the complex circumstances belying the situation. As seen in this study, although identity factors played their role as a cause of the conflict, the ‘ethnic hatred’ justification of war doesn’t seem to be sufficient to explain the present situation. Darfur appears to be a clear example that there is no single factor that can explain such a war. In the case of Darfur, various factors seem to have interplayed in creating the necessary conditions for the eruption of violence. This study focused on two of these factors – the environmental hazards that have been affecting the region, and the government’s use of the Janjaweed militia in its counterinsurgency movement. Both, and in different ways, seem to have contributed to dividing the Darfurian society between two poles, thus worsening the circumstances in the region and helping generate the high levels of violence that characterise the Darfur conflict. Most important, in analysing the conflict of Darfur with a point of view that goes beyond the “ethnic hatred” explanation, it seems possible to identify issues, such as land ownership, that are in vital need of being addressed in order to achieve peace in 4 the region. As seen in this thesis, it seems that it is only through a broad understanding of the complex causes of the conflict that peace negotiations might have any hope of success. While those continue to be ignored, any peace agreements or prospects of finding a solution to the conflict will be unrealistic.

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.