Thesis (Ph.D.)(Political Science) --University of Limpopo, 2009. / The primary aim of this study was to advocate for a collaborated health care delivery system that includes indigenous African medicine and is administered and controlled by the government. The objectives were:  To demonstrate how apartheid disrupted the natural development of indigenous healing practices. To dispel the misconception about the use of indigenous African medicine in the treatment of diseases. To demonstrate the need to protect both indigenous African and western European medicine. To demonstrate that African patients consult both indigenous African and western European doctors for various aspects of their treatment in their health care choices. To demonstrate that patients expect the government to provide an effective health delivery system. The main research question was: How can South Africa develop a collaborated health care delivery system using both indigenous African and biomedical health professionals that is effective and open to everyone on an equal basis? The theoretical framework for this study was the Afro-centric worldview in which events and ideas are perceived from an African perspective with the African people as the main players rather than victims. At the centre of the study were the African people, their health, disease pattern and healing practices. The Afro-centric qualitative research design was used. A sample size of 15 indigenous African doctors, 50 western European oriented health professionals and 84 patients participated in the study. The open coding method of data analysis was used to analyze data obtained from semi-structured in-depth interviews. The major findings of the study are that:  The belief of the African people in the existence of the ancestors and spirituality remains unshakeable. The strong belief n the ancestors make the diagnosis and treatment of diseases essentially religious practices. In the African culture, there are no preventative measures against natural illnesses, but there are preventative measures that are used against witchcraft/sorcery from entering a homestead and causing illness among members of a family. African people utilize both health care systems simultaneously and/or interchangeably depending on the seriousness of the illness and the knowledge and experiences that the illness can be effectively treated using indigenous African medicine or biomedicine. Both indigenous African doctors and biomedical health professionals play an important role in the provision of health. Recommendations The study recommends that when policy guidelines on the collaboration of indigenous African and western European medicine are drawn up, the following should be considered: Legislation to protect indigenous knowledge on African medicine Legislation that controls the qualification and registration of indigenous African doctors. Inclusion of indigenous African medicine in the curricula of all health professionals. / N/A

This thesis examines the status of amnesties and the duty to prosecute gross and systematic human rights violations in international law. The thesis begins by distinguishing amnesty from other related concepts, such as impunity, pardon and statutes of limitations and so on. Unlike these related concepts, amnesty aims to address major social or political crises in society, such as to resolve an armed conflict, allow the return of political refugees or bring about peaceful political transition. Amnesty is linked to the duty to prosecute, because it is so often in direct conflict with international law norms and standards on the duty to prosecute and to compensate victims of human rights violations. Before the First World War, amnesty was a well-established customary practice. Even where a peace treaty was silent on the mater, amnesty was implied. Compensation was also part of the regime of peace treaties, but not followed as consistently as amnesty. This practice changed dramatically after the First and Second World Wars, because, in a break with the past, the victors did not consider themselves to be on the same level as the vanquished. This resulted in the abolition of the traditional practice of granting amnesty and the demand rather that those responsible for aggression be prosecuted and compelled to pay compensation, as was the case with Germany. Since 1948, with the adoption of the United Nations' Charter, and other international human rights treaties, the power of states to grant amnesty gradually became constrained by the obligation to prosecute perpetrators of gross human rights violations and to pay compensation to the victims of war crimes. Nevertheless, this phenomenon did not put an end to the practice of states granting amnesty for gross human rights violations. Internal armed conflicts during and after the end of the Cold War, with no victors and no vanquished, made amnesty an inevitable option. A considerable number of states continue to utilise amnesty as a device for peace and reconciliation, and they have granted amnesty for war crimes, genocide and crimes against humanity. In customary international law, there is a gap between the actual state practice and the existence of the customary norm creating a duty to prosecute. As a result, the status of the so-called "palatable amnesties" (à la South Africa), often granted as part of a truth and reconciliation process, still remains unclear in international law. This is further exacerbated by the inconsistent practice of the United Nations as the main depository and sponsor of human rights instruments. South Africa and Sierra Leone are used as case studies to illustrate this inconsistency in both state and UN practice on the status of amnesties in international law. As a result, the study proposes a balanced approach model, which is an attempt to strike a balance between accountability, political transformation and social stability in transitional democracies. The balanced approach model proceeds from the premise that the international criminal justice system is not flawless and, therefore, it is important to acknowledge its limitations, such as the lack of enforcement agencies, difficulties in the collection of reliable evidence and a lack of resources to prosecute. In terms of the model, consideration is given to (i) the need to respect the legitimacy of the political process that gives rise to the granting of amnesty; (ii) the amnesty must be proportional to the crimes committed and must be rationally connected to the aims of achieving peace and national reconciliation, the interests of justice, compensation for victims; and finally (iii) the general commitment of the state that grants amnesty to respect international law obligations, which includes the implementation of international obligations as part of municipal law and treaty monitoring obligations as preconditions for the amnesty to pass muster in the balanced approach model. In conclusion, the study proposes model Policy Guidelines on Amnesties Granted for Gross and Systematic Human Rights Violations in International Law for the Assembly of States of the International Criminal Court (ICC) to take note of, and to commend to states and international courts and tribunals, leaving its content to be taken up in the normal processes of the application and development of international law. The status of the Guidelines is that of a code of conduct or guide to practice. In that sense, the Guidelines do not have the character of a binding legal instrument and will serve as the basis for the development of sound principles of international law on amnesties. / Constitutional and International Law / L.LD

This thesis examines the status of amnesties and the duty to prosecute gross and systematic human rights violations in international law. The thesis begins by distinguishing amnesty from other related concepts, such as impunity, pardon and statutes of limitations and so on. Unlike these related concepts, amnesty aims to address major social or political crises in society, such as to resolve an armed conflict, allow the return of political refugees or bring about peaceful political transition. Amnesty is linked to the duty to prosecute, because it is so often in direct conflict with international law norms and standards on the duty to prosecute and to compensate victims of human rights violations. Before the First World War, amnesty was a well-established customary practice. Even where a peace treaty was silent on the mater, amnesty was implied. Compensation was also part of the regime of peace treaties, but not followed as consistently as amnesty. This practice changed dramatically after the First and Second World Wars, because, in a break with the past, the victors did not consider themselves to be on the same level as the vanquished. This resulted in the abolition of the traditional practice of granting amnesty and the demand rather that those responsible for aggression be prosecuted and compelled to pay compensation, as was the case with Germany. Since 1948, with the adoption of the United Nations' Charter, and other international human rights treaties, the power of states to grant amnesty gradually became constrained by the obligation to prosecute perpetrators of gross human rights violations and to pay compensation to the victims of war crimes. Nevertheless, this phenomenon did not put an end to the practice of states granting amnesty for gross human rights violations. Internal armed conflicts during and after the end of the Cold War, with no victors and no vanquished, made amnesty an inevitable option. A considerable number of states continue to utilise amnesty as a device for peace and reconciliation, and they have granted amnesty for war crimes, genocide and crimes against humanity. In customary international law, there is a gap between the actual state practice and the existence of the customary norm creating a duty to prosecute. As a result, the status of the so-called "palatable amnesties" (à la South Africa), often granted as part of a truth and reconciliation process, still remains unclear in international law. This is further exacerbated by the inconsistent practice of the United Nations as the main depository and sponsor of human rights instruments. South Africa and Sierra Leone are used as case studies to illustrate this inconsistency in both state and UN practice on the status of amnesties in international law. As a result, the study proposes a balanced approach model, which is an attempt to strike a balance between accountability, political transformation and social stability in transitional democracies. The balanced approach model proceeds from the premise that the international criminal justice system is not flawless and, therefore, it is important to acknowledge its limitations, such as the lack of enforcement agencies, difficulties in the collection of reliable evidence and a lack of resources to prosecute. In terms of the model, consideration is given to (i) the need to respect the legitimacy of the political process that gives rise to the granting of amnesty; (ii) the amnesty must be proportional to the crimes committed and must be rationally connected to the aims of achieving peace and national reconciliation, the interests of justice, compensation for victims; and finally (iii) the general commitment of the state that grants amnesty to respect international law obligations, which includes the implementation of international obligations as part of municipal law and treaty monitoring obligations as preconditions for the amnesty to pass muster in the balanced approach model. In conclusion, the study proposes model Policy Guidelines on Amnesties Granted for Gross and Systematic Human Rights Violations in International Law for the Assembly of States of the International Criminal Court (ICC) to take note of, and to commend to states and international courts and tribunals, leaving its content to be taken up in the normal processes of the application and development of international law. The status of the Guidelines is that of a code of conduct or guide to practice. In that sense, the Guidelines do not have the character of a binding legal instrument and will serve as the basis for the development of sound principles of international law on amnesties. / Constitutional and International Law / L.LD

South African welfare policies and social problems dictate social service rendering in South Africa. Social workers are involved in various service delivery interventions of which community development (macro focus) and statutory services (micro focus) are two separate specialised interventions. In social work practice there is a need for both interventions, however, there is no clear guidelines for social workers how to integrate these interventions in practice. The aim of this study was to determine how community development and statutory services as two distinctive social work interventions could be integrated in order to render effective, integrated social services within a developmental approach. A qualitative research approach was utilised for the study and data was gathered by means of four focus group interviews. Respondents for the study included social workers and clients who were involved in both statutory and community development interventions. Research findings indicated that statutory and community development interventions are guided by different processes, time frames, and models of implementation, such as the legislative framework in the case of statutory work as opposed to participatory models in community development. The study concluded that there is not only confusion with regard to the role of social workers, but also a high risk of clients loosing trust in the helping relationship when one social worker simultaneously does community work and render statutory services in the same community. The distinctive nature of statutory services and community development calls for other options for the integration of these two intervention levels. This study proposed three options for social workers and NGOs to integrate statutory services and community development. Based on the research findings and conclusions of the study, the researcher proposed guidelines for (1) the development of an integrated model and (2) a policy framework for the integration of statutory services and community development within a developmental approach and finally recommended that such a designed model and policy framework be implemented and the impact thereof on social service delivery be researched. / Dissertation (MSD (Social Development and Policy))--University of Pretoria, 2006. / Social Work / unrestricted

The study comprehensively analysed the impact of primary prevention services for reproductive health in the environment within which the adolescents grow towards life skills ecquisition and positive behavior patterning. The availability, accessibility and the effectiveness of adolescents' accompaniment in Soshanguve Township by certain caregivers were assessed. Unstructured observations, review of documents, questionnaire and semi-structured interviews were used for data collection. The results revealed the least support by parents and churches to accompany the adolescents and the inaccessibility of specialised center to the disadvantaged. The continued lack of knowledge and life-skills perpetuated the onset of reproductive problems. The lack of programmes to equip care providers on how to improve communication during care provision was a major setback. There is a great need for the erection of special care centers for adolescents. / Health Studies / M.A. (Nursing Science)

The drastic readjustments brought on by the ending of a love relationship make divorce one of the most stressful events that divorced persons may face. Divorced persons often experience the negative consequences of divorce including, amongst others, an increased level of unhappiness, greater physical and psychological distress, less support systems, lower life satisfaction, elevated risk of suicide, asocial behavioural problems, and a decline in the standard of living. Therefore, expounding on the nature of social work services to divorced persons and determining divorced persons’ needs with regard to social work services were of critical importance in order to develop guidelines that would inform social work practice and social welfare policies. A qualitative research approach was employed, guided by an explorative, descriptive, and contextual research design. A sample of 20 participants, comprising10 divorced persons (males and females) from different ethnic groups and 10 social workers employed at different organisations (including governmental, non- governmental and private practice) in the Gauteng Province of South Africa, was drawn through purposive and snowball sampling. Data was collected by means of semi-structured interviews and analysed following Tesch’s eight steps (in Creswell 2009:186) framework. Guba’s model (Krefting 1991:215-222) was applied for data verification. Amongst others, the study found that divorced persons experience loneliness, stigma, financial hardships, lack of support, loss of self-esteem and companionship, loss of trust in the opposite sex, anger, regret, suicidal thoughts, rejection, challenges related to children, and post-divorce adjustments. Most of the divorced persons did not know about the social work services available to them. There are social workers employed at different organisations who provide mediation and parenting plan services to divorced persons, but most of them do not deal with cases related to divorced persons. Although there are social workers who believe that the counselling services provided to divorced persons are helpful, most of them were not entirely satisfied and feel that they could do more by involving group work and community work methods of social work practice. Based on the research findings, recommendations pertaining to social work practice, social work training and education, social welfare policy, and further research were put forward. / Social Work / PhD. (Social Work)

The study comprehensively analysed the impact of primary prevention services for reproductive health in the environment within which the adolescents grow towards life skills ecquisition and positive behavior patterning. The availability, accessibility and the effectiveness of adolescents' accompaniment in Soshanguve Township by certain caregivers were assessed. Unstructured observations, review of documents, questionnaire and semi-structured interviews were used for data collection. The results revealed the least support by parents and churches to accompany the adolescents and the inaccessibility of specialised center to the disadvantaged. The continued lack of knowledge and life-skills perpetuated the onset of reproductive problems. The lack of programmes to equip care providers on how to improve communication during care provision was a major setback. There is a great need for the erection of special care centers for adolescents. / Health Studies / M.A. (Nursing Science)